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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extending Incentives for Exporting
American Textiles Act of 2013''.
SEC. 2. EXTENSION OF DUTY-FREE TREATMENT FOR CERTAIN TROUSERS,
BREECHES, OR SHORTS IMPORTED FROM NICARAGUA.
(a) Duty-Free Treatment.--Notwithstanding the termination of the
tariff preference level program for imports of apparel articles from
Nicaragua and subject to subsection (b), eligible apparel articles
shall enter the United States free of duty if such eligible apparel
articles are accompanied by an earned import allowance certificate for
the amount of credits equal to the total square meter equivalents of
fabric in such eligible apparel articles, in accordance with the
program established under subsection (c).
(b) Quantitative Limitation.--
(1) Initial limitation.--Subject to paragraphs (2) and (3),
duty-free treatment under this section shall be extended for a
covered calendar year to an initial limit of not more than
50,000,000 square meter equivalents of eligible apparel
articles unless that amount is increased pursuant to paragraph
(3) for such year.
(2) Export success factor.--If during a covered calendar
year duty-free treatment under this section is extended to 90
percent or more of the initial limit for such year prior to the
end of such year, the President shall--
(A) extend such treatment to an additional amount
of square meter equivalents of eligible apparel
articles that is equal to 10 percent of the initial
limit for such year; and
(B) publish notice of the extension in the Federal
Register.
(3) Export success pattern.--
(A) Three year increase.--Subject to subparagraph
(B), if the President takes the action described in
paragraph (2) for a period of 3 consecutive covered
calendar years, for subsequent covered calendar years
the President shall--
(i) increase the initial limit for
subsequent covered calendar years by an
additional amount of square meter equivalents
of eligible apparel articles that is equal to
10 percent of the initial limit for each
covered calendar year of the previous 3-year
period; and
(ii) publish notice of such increase in the
Federal Register.
(B) Additional increases.--If the initial limit is
increased under subparagraph (A) for a period of 3
consecutive covered calendar years, the initial limit
for each such year--
(i) shall be increased under paragraph (2),
if the requirements of such paragraph are met
for such year; and
(ii) may be eligible for an additional
increase under subparagraph (A) no more
frequently than once every 3 years.
(c) Earned Import Allowance Program.--
(1) Matching requirement.--The aggregate square meter
equivalents of eligible apparel articles of each producer or
entity controlling production that may receive duty-free
treatment under this section during a covered calendar year may
not exceed the aggregate square meter equivalents of fabric
wholly formed in the United States of yarns wholly formed in
the United States that was previously exported from the United
States by such producer or entity and for which the producer or
entity has available credits in its account established under
paragraph (3)(B).
(2) Requirement for program.--The Secretary of Commerce
shall establish a program to provide earned import allowance
certificates to any producer or entity controlling production
of eligible apparel articles for purposes of subsection (a),
based on the elements described in paragraph (3).
(3) Elements.--The elements described in this paragraph are
the following:
(A) Credits.--One credit shall be issued to a
producer or an entity controlling production for every
one square meter equivalent of fabric wholly formed in
the United States from yarns wholly formed in the
United States that such producer or entity demonstrates
has been exported from the customs territory of the
United States.
(B) Accounts.--If requested by a producer or entity
controlling production, the Secretary of Commerce shall
create and maintain an account for such producer or
entity into which credits issued under subparagraph (A)
may be deposited.
(C) Certificates.--A producer or entity controlling
production may redeem credits issued under subparagraph
(A) for earned import allowance certificates for such
number of credits such producer or entity may request
and has available.
(D) Documentation.--The Secretary of Commerce may
require that a producer or entity controlling
production submit documentation to verify the export of
fabric wholly formed in the United States of yarns
wholly formed in the United States.
(E) Verification.--The Secretary of Commerce may
reconcile discrepancies in the information provided
under subparagraph (D) and verify the accuracy of such
information.
(F) Electronic information.--The program shall be
established so as to allow, to the extent feasible, the
submission, storage, retrieval, and disclosure of
information in electronic format, including information
with respect to the earned import allowance
certificates.
(G) Schedule.--The Secretary of Commerce shall
establish procedures to carry out the program under
this subsection by October 1, 2014, and may establish
additional requirements to carry out the program.
(H) Penalties.--If an importer, producer, or entity
controlling production enters into the customs
territory of the United States eligible apparel
articles for which there are insufficient earned
credits, such importer, producer, or entity may be
subject to a penalty equal to the value of such
eligible apparel articles, in addition to existing
penalties under section 592 of the Tariff Act of 1930
(19 U.S.C. 1592), as appropriate.
(4) Determination of quantity of sme.--For purposes of
determining the quantity of ``square meter equivalents'' under
this section, the conversion factors listed in Correlation:
U.S. Textile and Apparel Category System with the Harmonized
Tariff Schedule of the United States of America, 2013, or
successor publication of the Office of Textiles and Apparel of
the Department of Commerce, shall apply.
(d) Definitions.--In this section:
(1) Covered calendar year.--The term ``covered calendar
year'' means a calendar year during the 10-year period referred
to in subsection (e).
(2) Eligible apparel article.--The term ``eligible apparel
article'' means woven trousers, breeches, or shorts that are
apparel articles described in subdivisions (a) and (b) of U.S.
Note 15 to subchapter XV of chapter 99 of the HTS imported from
Nicaragua.
(3) Enter; entry.--The terms ``enter'' and ``entry''
include a withdrawal from warehouse for consumption.
(4) Entity controlling production.--The term ``entity
controlling production'' means a person or other entity or
group that is not a producer and that controls the production
process in Nicaragua through a contractual relationship or
other indirect means.
(5) Fabric wholly formed in the united states of yarn
wholly formed in the united states.--The term ``fabric wholly
formed in the United States of yarn wholly formed in the United
States'' means fabric--
(A) woven in the United States from fibers or from
yarns, the constituent staple fibers of which are spun
in the United States or the continuous filament of
which is extruded in the United States;
(B) for which any dyeing, printing, or finishing is
performed in the United States; and
(C) exported to Nicaragua on or after April 1,
2014.
(6) HTS.--The term ``HTS'' means the Harmonized Tariff
Schedule of the United States as in effect on the day before
the date of the enactment of this Act.
(7) Initial limit.--The term ``initial limit'' means the
quantity of square meter equivalents of eligible apparel
articles that may be extended duty-free treatment under this
section on the first day of a calendar year.
(8) Producer.--The term ``producer'' means a person or
other entity or group that exercises direct, daily operational
control over the production process in Nicaragua.
(9) Tariff preference level program for imports of apparel
articles from nicaragua.--The term ``tariff preference level
program for imports of apparel articles from Nicaragua'' refers
to the preferential tariff treatment for nonoriginating apparel
goods of Nicaragua established pursuant to Article 3.28 of the
Dominican Republic-Central America-United States Free Trade
Agreement and the letters described in subparagraphs (A) and
(B) of section 1634(a)(2) of the Miscellaneous Trade and
Technical Corrections Act of 2006 (title XIV of Public Law 109-
280; 120 Stat. 1167).
(e) Effective Period.--Duty-free treatment under this section shall
be in effect for the 10-year period beginning on January 1, 2015. | Extending Incentives for Exporting American Textiles Act of 2013 - Extends duty-free treatment, subject to specified quantitative limitations, for certain imported Nicaraguan woven trousers, breeches, or shorts. Requires those articles to be accompanied by an earned import allowance certificate indicating the use of fabric and yarns wholly formed in the United States. Extends such duty-free treatment for 10 years beginning on January 1, 2015. | {"src": "billsum_train", "title": "Extending Incentives for Exporting American Textiles Act of 2013"} | 1,918 | 102 | 0.590998 | 1.605012 | 0.645777 | 3.753247 | 22.701299 | 0.87013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CEO Accountability and
Responsibility Act''.
SEC. 2. INCOME TAX RATE OF PUBLICLY TRADED CORPORATIONS BASED ON
COMPENSATION RATIO.
(a) In General.--Section 11 of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(e) Tax Rate of Publicly Traded Corporations Based on
Compensation Ratio.--
``(1) In general.--In the case of a publicly traded
corporation (as defined in section 162(m)(2)), in the amount of
tax under subsection (b) shall be determined--
``(A) by adjusting the highest rate of tax
applicable to the taxpayer by the percentage point
adjustment specified in paragraph (2), and
``(B) by making proper adjustments to--
``(i) the dollar amount in clause (ii) of
the second sentence of paragraph (1), and
``(ii) the dollar amount in clause (ii) of
the third sentence of paragraph (1).
``(2) Adjustment of tax rate.--For purposes of paragraph
(1), the percentage points specified in this paragraph shall be
determined as follows:
----------------------------------------------------------------------------------------------------------------
``If the compensation ratio is: The percentage point adjustment is:
----------------------------------------------------------------------------------------------------------------
Not more than 25............................. -1 percentage points
More than 25 but not more than 50............ -0.5 percentage points
More than 50 but not more than 100........... zero
More than 100 but not more than 150.......... +0.5 percentage points
More than 150 but not more than 200.......... +1 percentage points
More than 200 but not more than 250.......... +1.5 percentage points
More than 250 but not more than 300.......... +2 percentage points
More than 300 but not more than 400.......... +2.5 percentage points
More than 400................................ +3 percentage points.
----------------------------------------------------------------------------------------------------------------
``(3) Definitions.--For purposes of this subsection--
``(A) Compensation ratio.--The compensation ratio
for a taxable year means a ratio--
``(i) the numerator of which is the amount
equal to the greater of the compensation of the
chief operating officer or the highest paid
employee of the taxpayer for the calendar year
preceding the beginning of the taxable year,
and
``(ii) the denominator of which is the
amount equal to the median compensation of all
employees employed by the taxpayer in the
United States for the calendar year preceding
the beginning of the taxable year.
``(B) Compensation.--
``(i) Employees.--In the case of employees
of the taxpayer other than the chief operating
officer or the highest paid employee, the term
`compensation' means wages (as defined in
section 3121(a)) paid by the taxpayer during a
calendar year.
``(ii) CEO and highest paid employee.--In
the case of the chief operating officer and the
highest paid employee of the taxpayer, the term
`compensation' means total compensation for the
calendar year, as reported in the Summary
Compensation Table reported to the Securities
and Exchange Commission pursuant to Item 402 of
Regulation S-K of the Securities and Exchange
Commission.
``(4) Special rule if contracted or foreign employee ratio
increases.--
``(A) In general.--If--
``(i) the total number of full-time
employees, determined on an annual full-time
equivalent basis, employed by the taxpayer in
the United States for a taxable year is reduced
by more than 10 percent, as compared to the
total number of full-time employees, determined
on an annual full-time equivalent basis,
employed by the taxpayer in the United States
for the preceding taxable year, and
``(ii) the total number of contracted
employees or foreign full-time employees,
determined on an annual full-time equivalent
basis, of the taxpayer for that taxable year
has increased, as compared with the total
number of contracted employees or foreign full-
time employees, determined on an annual full-
time equivalent basis, of the taxpayer for the
preceding taxable year,
then the applicable tax rate determined under paragraph
(2) shall be increased by 50 percent. For taxpayers who
first commence doing business during the taxable year,
the number of full-time employees, contracted
employees, and foreign full-time employees for the
immediately preceding prior taxable year shall be zero.
``(B) Definitions.--For purposes of this
paragraph--
``(i) Annual full-time equivalent.--The
term `annual full-time equivalent' means--
``(I) in the case of a full-time
employee paid hourly qualified wages,
the total number of hours worked for
the taxpayer by the employee, not to
exceed 2,000 hours per employee,
divided by 2,000, and
``(II) in the case of a salaried
full-time employee, the total number of
weeks worked for the taxpayer by the
employee divided by 52.
``(ii) Contracted full-time employee.--The
term `contracted full-time employee' means an
individual engaged by the taxpayer to provide a
specific set of services established pursuant
to the terms and conditions of a written
employment contract that delineates the length
of employment, the salary and bonuses (if any)
to be paid, and the benefits that accrue to
that individual.
``(iii) Foreign full-time employee.--The
term `foreign full-time employee' means a full-
time employee of the taxpayer that is employed
at a location other than the United States.
``(iv) Full-time employee.--The term `full-
time employee' means an employee of the
taxpayer that either--
``(I) is paid compensation by the
taxpayer for services of not less than
an average of 35 hours per week, or
``(II) is a salaried employee of
the taxpayer and is paid compensation
during the taxable year for full-time
employment.
``(5) Controlled groups.--For purposes of this subsection,
all persons treated as a single employer under subsection (b),
(c), (m) or (o) of section 414 shall be treated as one person.
``(6) Reports.--The taxpayer shall furnish such reports to
the Secretary with respect to compensation and such other
matters as the Secretary may require. The reports required by
this subsection shall be filed at such time and in such manner
as may be required by the Secretary.
``(7) Regulations.--The Secretary shall prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out this subsection, including any
guidelines regarding the determination of wages, average
compensation, and compensation ratio.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act. | CEO Accountability and Responsibility Act This bill amends the Internal Revenue Code to: (1) increase the corporate income tax rate for publicly traded corporations that pay their chief executive officers or highest paid employees more than 100 times the median compensation of all their U.S. employees, and (2) decrease the rate for publicly traded corporations that pay their chief executive officers or highest paid employees less than 50 times the median compensation of all their U.S. employees. | {"src": "billsum_train", "title": "CEO Accountability and Responsibility Act"} | 1,615 | 89 | 0.470736 | 1.075919 | 0.06323 | 2.047059 | 16.752941 | 0.776471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commodity Checkoff Program
Improvement Act of 2016''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the generic programs to promote and provide research
and information for an agricultural commodity (commonly known
as ``checkoff programs'') are intended to increase demand for
all of that agricultural commodity and benefit all assessed
producers of that agricultural commodity;
(2) although the laws establishing checkoff programs
broadly prohibit the use of funds in any manner for the purpose
of influencing legislation or government action, checkoff
programs have repeatedly been shown to use funds to influence
policy directly or by partnering with organizations that lobby;
(3) the unlawful use of checkoff programs funds benefits
some agricultural producers while harming many others;
(4) to more effectively prevent Boards from using funds for
unlawful purposes, strict separation of engagement between the
Boards and policy entities is necessary;
(5) conflicts of interest in the checkoff programs allow
special interests to use checkoff program funds for the benefit
of some assessed agricultural producers at the expense of many
others;
(6) prohibiting conflicts of interest in checkoff programs
is necessary to ensure the proper and lawful operation of the
checkoff programs;
(7) checkoff programs are designed to promote agricultural
commodities, not to damage other types of agricultural
commodities through anticompetitive conduct or otherwise;
(8) prohibiting anticompetitive and similar conduct is
necessary to ensure proper and lawful operation of checkoff
programs;
(9) lack of transparency in checkoff programs enables
abuses to occur and conceals abuses from being discovered; and
(10) requiring transparency in the expenditure of checkoff
program funds is necessary to prevent and uncover abuses in
checkoff programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means a board, committee, or
similar entity established to carry out a checkoff program or
an order issued by the Secretary under a checkoff program.
(2) Checkoff program.--The term ``checkoff program'' means
a program to promote and provide research and information for a
particular agricultural commodity without reference to specific
producers or brands, including a program carried out under any
of the following:
(A) The Cotton Research and Promotion Act (7 U.S.C.
2101 et seq.).
(B) The Potato Research and Promotion Act (7 U.S.C.
2611 et seq.).
(C) The Egg Research and Consumer Information Act
(7 U.S.C. 2701 et seq.).
(D) The Beef Research and Information Act (7 U.S.C.
2901 et seq.).
(E) The Wheat and Wheat Foods Research and
Nutrition Education Act (7 U.S.C. 3401 et seq.).
(F) The Floral Research and Consumer Information
Act (7 U.S.C. 4301 et seq.).
(G) Subtitle B of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4501 et seq.).
(H) The Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4601 et seq.).
(I) The Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4801 et seq.).
(J) The Watermelon Research and Promotion Act (7
U.S.C. 4901 et seq.).
(K) The Pecan Promotion and Research Act of 1990 (7
U.S.C. 6001 et seq.).
(L) The Mushroom Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6101 et seq.).
(M) The Lime Research, Promotion, and Consumer
Information Act of 1990 (7 U.S.C. 6201 et seq.).
(N) The Soybean Promotion, Research, and Consumer
Information Act (7 U.S.C. 6301 et seq.).
(O) The Fluid Milk Promotion Act of 1990 (7 U.S.C.
6401 et seq.).
(P) The Fresh Cut Flowers and Fresh Cut Greens
Promotion and Information Act of 1993 (7 U.S.C. 6801 et
seq.).
(Q) The Sheep Promotion, Research, and Information
Act of 1994 (7 U.S.C. 7101 et seq.).
(R) Section 501 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7401).
(S) The Commodity Promotion, Research, and
Information Act of 1996 (7 U.S.C. 7411 et seq.).
(T) The Canola and Rapeseed Research, Promotion,
and Consumer Information Act (7 U.S.C. 7441 et seq.).
(U) The National Kiwifruit Research, Promotion, and
Consumer Information Act (7 U.S.C. 7461 et seq.).
(V) The Popcorn Promotion, Research, and Consumer
Information Act (7 U.S.C. 7481 et seq.).
(W) The Hass Avocado Promotion, Research, and
Information Act of 2000 (7 U.S.C. 7801 et seq.).
(3) Conflict of interest.--The term ``conflict of
interest'' means a direct or indirect financial interest in a
person or entity that performs a service for, or enters into a
contract or agreement with, a Board for anything of economic
value.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. PROHIBITIONS; PUBLICATION OF BUDGETS AND DISBURSEMENTS.
(a) Prohibitions.--
(1) In general.--A Board shall not enter into any contract
or agreement to carry out checkoff program activities with a
party that engages in activities for the purpose of influencing
any government policy or action that relates to agriculture.
(2) Conflict of interest.--A Board shall not engage in, and
shall prohibit the employees and agents of the Board, acting in
their official capacity, from engaging in, any act that may
involve a conflict of interest.
(3) Other prohibitions.--A Board shall not engage in, and
shall prohibit the employees and agents of the Board, acting in
their official capacity, from engaging in--
(A) any anticompetitive activity;
(B) any unfair or deceptive act or practice; or
(C) any act that may be disparaging to another
agricultural commodity or product.
(b) Publication of Budgets and Disbursements.--
(1) In general.--The Board shall publish and make available
for public inspection all budgets and disbursements of funds
entrusted to the Board that are approved by the Secretary,
immediately on approval by the Secretary.
(2) Required disclosures.--In carrying out paragraph (1),
the Board shall disclose--
(A) the amount of the disbursement;
(B) the purpose of the disbursement, including the
activities to be funded by the disbursement;
(C) the identity of the recipient of the
disbursement; and
(D) the identity of any other parties that may
receive the disbursed funds, including any contracts or
subcontractors of the recipient of the disbursement.
(c) Audits.--
(1) Periodic audits by inspector general of usda.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, and not less frequently
than every 5 years thereafter, the Inspector General of
the Department of Agriculture shall conduct an audit to
determine the compliance of each checkoff program with
this section during the period of time covered by the
audit.
(B) Submission of reports.--On completion of each
audit under subparagraph (A), the Inspector General of
the Department of Agriculture shall--
(i) prepare a report describing the audit;
and
(ii) submit the report described in clause
(i) to--
(I) the appropriate committees of
Congress, including the Subcommittee on
Antitrust, Competition Policy and
Consumer Rights of the Committee on the
Judiciary of the Senate; and
(II) the Comptroller General of the
United States.
(2) Audit by comptroller general.--
(A) In general.--Not earlier than 3 years, and not
later than 5 years, after the date of enactment of this
Act, the Comptroller General of the United States
shall--
(i) conduct an audit to assess--
(I) the status of actions taken for
each checkoff program to ensure
compliance with this section; and
(II) the extent to which actions
described in subclause (I) have
improved the integrity of a checkoff
program; and
(ii) prepare a report describing the audit
conducted under clause (i), including any
recommendations for--
(I) strengthening the effect of
actions described in clause (i)(I); and
(II) improving Federal legislation
relating to checkoff programs.
(B) Consideration of inspector general reports.--
The Comptroller General of the United States shall
consider reports described in paragraph (1)(B) in
preparing any recommendations in the report under
subparagraph (A)(ii).
SEC. 5. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance, shall not be affected. | Commodity Checkoff Program Improvement Act of 2016 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. The bill also prohibits a board or its employees or agents acting in their official capacity from engaging in: (1) any act that involves a conflict of interest; and (2) any anticompetitive activity, unfair or deceptive act or practice, or any act that may be disparaging to another agricultural commodity or product. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs. | {"src": "billsum_train", "title": "Commodity Checkoff Program Improvement Act of 2016"} | 2,118 | 226 | 0.694614 | 2.144533 | 0.885517 | 3.565657 | 9.358586 | 0.848485 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Diplomatic Offensive for Iraq
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Iraq's ability to establish stability and security
within its borders and defeat terrorist organizations is
significantly affected by the actions of neighboring nations
and by regional conflicts and events, while other nations in
the region have a vested interest in achieving a resolution to
the conflict in Iraq.
(2) On December 6, 2006, the first recommendation released
by the bipartisan Iraq Study Group was that the United States,
working with the Iraqi Government, should launch a
comprehensive New Diplomatic Offensive to deal with the
problems in Iraq and in the region before December 31, 2006.
(3) The Iraq Study Group recommended the following specific
goals for the New Diplomatic Offensive:
(A) Support the unity and territorial integrity of
Iraq.
(B) Stop destabilizing interventions and actions by
Iraq's neighbors.
(C) Secure Iraq's borders, including the use of
joint patrols with neighboring countries.
(D) Prevent the expansion of the instability and
conflict in Iraq beyond its borders.
(E) Promote economic assistance, commerce, trade,
political support, and, if possible, military
assistance for the Iraqi Government from non-
neighboring Muslim nations.
(F) Energize countries to support national
political reconciliation in Iraq.
(G) Validate Iraq's legitimacy by resuming
diplomatic relations, where appropriate, and
reestablishing embassies in Baghdad.
(H) Assist Iraq in establishing active working
embassies in key capitals in the region (for example,
in Riyadh, Saudi Arabia).
(I) Help Iraq reach a mutually-acceptable agreement
on Kirkuk.
(J) Assist the Iraqi Government in achieving
certain security, political, and economic milestones,
including better performance on issues such as national
reconciliation, equitable distribution of oil revenues,
and the dismantling of militias.
(4) The Iraq Study Group recommended regional involvement
in the diplomatic efforts of stabilizing Iraq and the Middle
East, including involvement of the five permanent members of
the United Nations Security Council.
(5) On July 22, 2004, the bipartisan National Commission on
Terrorist Attacks Upon the United States (commonly known as the
``9/11 Commission'') recommended the United States should
engage other nations in developing a comprehensive coalition
strategy against Islamist terrorism in the Middle East.
(6) President George W. Bush and his Administration have
already undertaken critical elements of such a diplomatic
effort, including diplomatic talks with key Iraqi neighbors in
Sharm-al-Sheik, Egypt and in Baghdad, Iraq in May 2007, as well
as proposing a comprehensive Middle East peace conference.
(7) Despite these positive actions, significantly more
robust diplomatic effort is needed to establish international
consensus on achieving security and stability in Iraq,
promoting national reconciliation efforts in Iraq, supporting
the reconstruction of Iraq, and supporting the sovereignty and
territorial integrity of the Iraqi nation.
SEC. 3. MIDDLE EAST REGIONAL DIPLOMACY.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the President shall seek to develop and
implement a regional diplomatic plan, in conjunction with the United
Nations Security Council, that will attempt to accomplish the following
objectives:
(1) Curtail the ongoing civil war in Iraq.
(2) Prevent the spread of violence from Iraq into
neighboring countries.
(3) Prevent the establishment of safe havens for al-Qa'ida
and other terrorist organizations.
(4) Prevent regional conflict.
(5) Prevent genocide, ethnic cleansing, and other crimes
against humanity.
(6) Promote a national process of reconciliation within
Iraq.
(b) Statement of United States Policy.--In the implementation of
the regional diplomatic plan required by subsection (a), it is the
policy of the United States to--
(1) undertake a sustained diplomatic effort to engage the
governments of nations in the region on the regional diplomatic
plan required in subsection (a) and on issues and actions that
impact the situation in Iraq;
(2) continue and expand United States direct bilateral
talks with nations neighboring Iraq on issues of mutual
interest;
(3) support the goals specified in the International
Compact for Iraq; and
(4) encourage the increased engagement of international
organizations, including the United Nations, the Arab League,
and the Organization of the Islamic Conference, in working
toward solutions to achieve stability and security in Iraq.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, and every 90 days thereafter, the President shall transmit
to Congress a report on the status of efforts to implement the regional
diplomatic plan required by subsection (a), including--
(1) progress being made to accomplish the objectives
described in paragraphs (1) through (6) of subsection (a);
(2) efforts of the United States to promote regional
dialogue on Iraq's future, including the organization of
regional peace conferences and the establishment of sustained
regional structures such as working groups;
(3) the progress of bilateral discussions with key nations
neighboring Iraq;
(4) the status of pledges of financial assistance for the
relief and reconstruction of Iraq made by members of the
international community at the Madrid International Conference
on Reconstruction in Iraq and other international conferences
for the relief and reconstruction of Iraq since March 2003, and
the efforts of the United States to encourage nations and
organizations to fulfill such pledges; and
(5) the progress of efforts to address other critical
regional issues and conflicts that significantly affect the
situation in Iraq.
SEC. 4. SPECIAL ENVOY FOR IRAQ REGIONAL SECURITY.
(a) Special Envoy for Iraq Regional Security.--Not later than 90
days after the date of the enactment of this Act, the President shall
appoint a Presidential Special Envoy for Iraq Regional Security.
(b) Duties.--The Presidential Special Envoy appointed pursuant to
subsection (a) shall have the following duties:
(1) Carry out, in consultation with the United States
Ambassador to Iraq, the Commander of the Multi-National Forces-
Iraq, and leaders of foreign nations and international
organizations, the policy set forth in section 3(b) of this
Act.
(2) Enter into discussions with the Government of Iraq and
governments of neighboring countries to support Iraq's efforts
to achieve peace and stability and to take necessary actions to
prevent regional instability. Such discussions shall include
the establishment of security along Iraq's borders, the
prevention of entry of weapons and foreign terrorists into
Iraq, and cessation of destabilizing actions or interventions
from outside Iraq's borders.
(3) Organize an Iraq Support Group, consisting of
representatives of the entities described in paragraph (2), to
coordinate regional and international policy in support of
Iraq's efforts to achieve peace and stability.
(4) Work with officials of the Government of Iraq and other
domestic stakeholders to organize a forum for negotiations on
national reconciliation.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 2008 and 2009.
SEC. 5. COOPERATION WITH INTERNATIONAL PARTNERS.
(a) International Donors Conference.--
(1) In general.--The Secretary of State shall undertake the
organization of an international donors conference to solicit
additional commitments of funding and support from the
international community for ongoing reconstruction and economic
development activities in Iraq.
(2) Leadership of conference.--The international donors
conference should be presided over by the Secretary-General of
the United Nations or by the head of another international
organization, as appropriate.
(3) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 2008 and 2009.
(b) United Nations.--The President shall direct the Permanent
Representative of the United States to the United Nations to consult
with the United Nations Security Council to institute the regional
diplomatic plan described in section 3(a) of this Act and to seek a new
resolution in the United Nations Security Council that--
(1) supports regional and international cooperation in
promoting stability and development in Iraq in accordance with
the International Compact with Iraq;
(2) encourages increased support for and participation in
efforts to rebuild and expand Iraq's economy and critical
infrastructure; and
(3) authorizes renewed United Nations assistance to promote
security and political reconciliation in Iraq, including a
commitment to an increased United Nations role following the
beginning of a strategic redeployment of United States Armed
Forces personnel from Iraq. | New Diplomatic Offensive for Iraq Act - Directs the President to implement a regional diplomatic plan in conjunction with the U.N. Security Council to: (1) curtail the ongoing civil war in Iraq; (2) prevent the spread of violence from Iraq into neighboring countries; (3) prevent the establishment of safe havens for al-Qa'ida and other terrorist organizations; (4) prevent regional conflict; (5) prevent genocide, ethnic cleansing, and other crimes against humanity; and (6) promote a national process of reconciliation within Iraq.
States that it is U.S. policy to: (1) undertake a sustained diplomatic effort to engage the governments of regional nations on issues that impact the situation in Iraq; (2) continue and expand U.S. direct bilateral talks with nations neighboring Iraq on issues of mutual interest; (3) support the goals specified in the International Compact for Iraq; and (4) encourage the increased engagement of international organizations in working to achieve stability and security in Iraq.
Directs the President to appoint a Presidential Special Envoy for Iraq Regional Security whose duties shall include: (1) discussions with the government of Iraq and governments of neighboring countries to support Iraq's efforts to achieve peace and stability and to take necessary actions to prevent regional instability, including organizing a related Iraq Support Group; and (2) working with Iraqi officials and other domestic stakeholders to organize a forum for negotiations on national reconciliation.
Directs the Secretary of State to organize an international donors conference to solicit additional international commitments of funding and support for reconstruction and economic development in Iraq.
Directs the President direct the U.S. Permanent Representative to the United Nations to seek a Security Council resolution that: (1) supports regional and international cooperation in promoting stability and development in Iraq; (2) encourages increased support for efforts to rebuild and expand Iraq's economy and critical infrastructure; and (3) authorizes renewed U.N. assistance to promote security and political reconciliation in Iraq, including a commitment to an increased U.N. role following the beginning of a U.S. Armed Forces' redeployment from Iraq. | {"src": "billsum_train", "title": "To require the President to seek to institute a regional diplomatic plan for the Middle East, and for other purposes."} | 1,823 | 437 | 0.616767 | 1.955481 | 0.791028 | 6.13602 | 4.506297 | 0.962217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Medical Care for Troops and
Retirees Act''.
SEC. 2. MEDICARE SUBVENTION PROJECT FOR MILITARY RETIREES AND
DEPENDENTS.
(a) Future Repeal of Limitation on Number of Sites.--Effective
January 1, 2001, paragraph (2) of section 1896(b) of section 1896 of
the Social Security Act (42 U.S.C. 1395ggg) is amended to read as
follows:
``(2) Location of Sites.--The program shall be conducted in any
site designated jointly by the administering Secretaries, and shall be
conducted nationwide by January 1, 2006.''.
(b) Making Project Permanent; Changes in Project References.--
(1) Elimination of time limitation.--Paragraph (4) of
section 1896(b) of such Act is repealed.
(2) Treatment of caps.--Subsection (i)(4) of section 1896
of such Act is amended by adding at the end the following:
``This paragraph shall not apply after calendar year
2001.''.
(3) Conforming changes of references to demonstration
project.--Section 1896 of such Act is further amended--
(A) in the heading, by striking ``demonstration
project'' and inserting ``program'';
(B) by amending subsection (a)(2) to read as
follows:
``(2) Program.--The term `program' means the program carried out
under this section.'';
(C) in the heading to subsection (b), by striking
``Demonstration Project'' and inserting ``Program'';
(D) by striking ``demonstration project'' or
``project'' each place either appears and inserting
``program'';
(E) in subsection (k)(2)--
(i) by striking ``extension and expansion
of demonstration project'' and inserting
``program''; and
(ii) by striking subparagraphs (A) through
(C) and inserting the following:
``(A) whether there is a cost to the health care
program under this title in conducting the program
under this section; and
``(B) whether the terms and conditions of the
program should be modified.''.
(4) Reports.--Subsection (k)(1) of section 1896 is amended
in the second sentence--
(A) by striking ``the demonstration project'' and
inserting ``the program'';
(B) by striking ``, and the'' and all that follows
through ``date'';
(C) by redesignating subparagraph (O) as
subparagraph (P); and
(D) by inserting after subparagraph (N) the
following new subparagraph:
``(O) Patient satisfaction with the program.''.
(5) Additional conforming amendments.--Section 1896(b) of
such Act is further amended--
(A) by redesignating paragraph (5) as paragraph
(4); and
(B) by striking ``At least 60 days'' and all that
follows through ``agreement'' and inserting ``The
administering Secretaries shall submit on an annual
basis the most current agreement''.
(6) Continuation of provision of care.--Section 1896(b) of
such Act is further amended by adding at the end the following
new paragraph:
``(6) Continuation of provision of care.--With respect to
any individual who receives health care benefits under this
section before the date of the enactment of this paragraph, the
administering Secretaries shall not terminate such benefits
unless the individual ceases to fall within the definition of
the term `medicare-eligible military retiree or dependent' (as
defined in subsection (a)).''.
(c) Payments.--
(1) Permitting payments on a fee-for-service basis.--
Section 1896 of the Social Security Act is further amended by
adding at the end the following new subsection:
``(l) Payment on a Fee-for-Service Basis.--Instead of the payment
method described in subsection (i)(1) and in the case of individuals
who are not enrolled in the program in the manner described in
subsection (d)(1), the Secretary may reimburse the Secretary of Defense
for services provided under the program at a rate that does not exceed
the rate of payment that would otherwise be made under this title for
such services if sections 1814(c) and 1835(d), and paragraphs (2) and
(3) of section 1862(a), did not apply.''.
(2) Payments to military treatment facilities.--Such
section is further amended by adding at the end the following
new subsection:
``(m) Payments to Military Treatment Facilities.--The Secretary of
Defense shall reimburse military treatment facilities for the provision
of health care under this section.''.
(3) Conforming amendments.--Such section is further
amended--
(A) in subsections (b)(1)(B)(v) and
(b)(1)(B)(viii)(I), by inserting ``or subsection (l)''
after ``subsection (i)'';
(B) in subsection (b)(2), by adding at the end the
following: ``If feasible, at least one of the sites
shall be conducted using the fee-for-service
reimbursement method described in subsection (l).'';
(C) in subsection (d)(1)(A), by inserting
``(insofar as it provides for the enrollment of
individuals and payment on the basis described in
subsection (i))'' before ``shall meet'';
(D) in subsection (d)(1)(A), by inserting ``and the
program (insofar as it provides for payment for
facility services on the basis described in subsection
(l)) shall meet all requirements for such facilities
under this title'' after ``medicare payments'';
(E) in subsection (d)(2), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``shall comply'';
(F) in subsection (g)(1), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``the Secretary of Defense'';
(G) in subsection (i)(1), by inserting ``and
subsection (l)'' after ``of this subsection'';
(H) in subsection (i)(4), by inserting ``and
subsection (l)'' after ``under this subsection''; and
(I) in subsection (j)(2)(B)(ii), by inserting ``or
subsection (l)'' after ``subsection (i)(1)''.
(3) Effective date.--The amendments made by this subsection
take effect on January 1, 2001, and apply to services furnished
on or after such date.
(d) Elimination of Restriction on Eligibility.--Section 1896(b)(1)
of such Act is amended by adding at the end the following new
subparagraph:
``(C) Elimination of restrictive policy.--If the
enrollment capacity in the program has been reached at
a particular site designated under paragraph (2) and
the Secretary therefore limits enrollment at the site
to medicare-eligible military retirees and dependents
who are enrolled in TRICARE Prime (as defined for
purposes of chapter 55 of title 10, United States Code)
at the site immediately before attaining 65 years of
age, participation in the program by a retiree or
dependent at such site shall not be restricted based on
whether the retiree or dependent has a civilian primary
care manager instead of a military primary care
manager.''.
(e) Medigap Protection for Enrollees.--Section 1896 of such Act is
further amended by adding at the end the following new subsection:
``(m) Medigap Protection for Enrollees.--(1) Subject to paragraph
(2), the provisions of section 1882(s)(3) (other than clauses (i)
through (iv) of subparagraph (B)) and 1882(s)(4) of the Social Security
Act shall apply to any enrollment (and termination of enrollment) in
the program (for which payment is made on the basis described in
subsection (i)) in the same manner as they apply to enrollment (and
termination of enrollment) with a Medicare+Choice organization in a
Medicare+Choice plan.
``(2) In applying paragraph (1)--
``(A) in the case of enrollments occurring before January
1, 2001, any reference in clause (v) or (vi) of section
1882(s)(3)(B) of such Act to 12 months is deemed a reference to
the period ending on December 31, 2001; and
``(B) the notification required under section 1882(s)(3)(D)
of such Act shall be provided in a manner specified by the
Secretary of Defense in consultation with the Director of the
Office of Personnel Management.''.
(f) Reimbursement Rates.--Section 1896 of such Act is further
amended in subsection (i)(1) by striking ``95 percent of''.
SEC. 3. EXTENSION OF FEHBP DEMONSTRATION PROGRAM.
Section 1108 of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) With respect to any individual who enrolls in the program
under this section and does not elect to discontinue enrollment, the
Secretary shall not terminate the enrollment of such individual after
the termination of the demonstration project unless the individual
ceases to meet the requirements described in subsection (b)(1).'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``three'' and
inserting ``four''; and
(B) in paragraph (2), by striking ``2002'' and
inserting ``2003'';
(3) in subsection (f)(1), by striking ``three'' and
inserting ``four'';
(4) in subsections (j)(1) and (k), by striking ``2002'' and
inserting ``2003''; and
(5) in subsection (l)(2), by striking ``36 months'' and
inserting ``48 months''.
SEC. 4. COVERAGE OF FAMILY MEMBERS UNDER SUPPLEMENTAL CARE PROGRAM FOR
MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM
SOURCES OF CARE.
Section 731(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 1074 note) is amended by adding
at the end the following new paragraph:
``(4) A family member of a member described in subsection
(c) shall also be eligible to receive the care described in
subsection (a). For purposes of this subsection, the term
`family member' shall have the same meaning as the term
`dependent', as defined for purposes of title 10, United States
Code.''.
SEC. 5. EXPANSION OF PHARMACY PROGRAM.
Section 723 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C. 1073 note) is
amended--
(1) in subsection (a), by striking ``who reside in an area
selected under subsection (f)'';
(2) by amending subsection (f) to read as follows:
``(f) Benefits To Be Offered.--The pharmacy benefits provided under
the redesigned system implemented under this section shall be at least
equivalent to the pharmacy benefits provided under section 702 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 10 U.S.C. 1079 note).''; and
(3) by adding at the end the following new subsection:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $455,000,000 for fiscal year 2001; and
``(2) $485,000,000 for fiscal year 2002.''.
SEC. 6. IMPROVEMENTS UNDER THE TRICARE PROGRAM.
(a) Elimination of Copayments Under TRICARE Prime.--(1) Chapter 55
of title 10, United States Code, is amended in section 1095d by adding
at the end the following new subsection:
``(c) Termination of Copayments for Certain Covered
Beneficiaries.--The Secretary may not require a member of the uniformed
services on active duty, or the dependent of such a member, to pay a
copayment for health care services received under TRICARE Prime.''.
(2) The heading of such section is amended to read as follows:
``Sec. 1095d. TRICARE program: waiver of certain deductibles and
copayments''.
(3) The item relating to section 1095d in the table of sections at
the beginning of such chapter 55 is amended to read as follows:
``1095d. TRICARE program: waiver of certain deductibles and
copayments.''.
(b) Elimination of Non-Availability Statement Requirement;
Reduction of Catastrophic Cap.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095e the following new
section:
``Sec. 1095f. TRICARE Program: non-availability statement; catastrophic
cap
``(a) Prohibition on Requirement To Obtain Non-Availability
Statement.--The Secretary shall not require a covered beneficiary to
obtain a non-availability statement in order to receive health care
services under TRICARE Standard.
``(b) Reduction of Catastrophic Cap.--The Secretary shall reduce
the catastrostrophic cap for covered beneficiaries under TRICARE
Standard and TRICARE Extra to $3,000.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1095e the
following new item:
``1095f. TRICARE Program: Non-Availability Statement; Catastrophic
Cap.''.
SEC. 7. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074g the following new section:
``Sec. 1074h. Reimbursement for certain travel expenses
``In any case in which a covered beneficiary is referred by a
primary care physician to a specialty care provider who provides
services more than 100 miles from the location in which the primary
care provider provides services to the member, the Secretary shall
provide reimbursement for reasonable travel expenses for the covered
beneficiary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1074h. Reimbursement for certain travel expenses.''. | Authorizes appropriations for the redesigned pharmacy system under the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999. | {"src": "billsum_train", "title": "Improved Medical Care for Troops and Retirees Act"} | 3,412 | 29 | 0.400412 | 0.932105 | -0.172996 | 3.1 | 147.5 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Freedom and Choice in
Health Care Act''.
SEC. 2. REPEALING THE INDIVIDUAL MANDATE.
Sections 1501 and 1502 and subsections (a), (b), (c), and (d) of
section 10106 of the Patient Protection and Affordable Care Act (and
the amendments made by such sections and subsections) are repealed and
the Internal Revenue Code of 1986 shall be applied and administered as
if such provisions and amendments had never been enacted.
SEC. 3. REPEALING THE EMPLOYER MANDATE.
Sections 1513 and 1514 and subsections (e), (f), and (g) of section
10106 of the Patient Protection and Affordable Care Act (and the
amendments made by such sections and subsections) are repealed and the
Internal Revenue Code of 1986 shall be applied and administered as if
such provisions and amendments had never been enacted.
SEC. 4. MODIFICATIONS TO PREMIUM ASSISTANCE CREDIT.
(a) Extension of Credit for Certain Individuals Not Enrolled
Through State Exchanges.--Paragraph (3) of section 36B(b) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(F) Special rule for individuals enrolled through
a federal exchange.--In the case of any applicable
taxpayer who is not eligible for the credit allowed
under subsection (a) (determined without regard to this
subparagraph) solely as a result of a determination by
the Supreme Court of the United States in the case of
King v. Burwell (2015), paragraph (2)(A) shall be
applied to months beginning before September 2017, by
substituting `enrolled in through an Exchange
established under the Patient Protection and Affordable
Care Act' for `enrolled in through an Exchange
established by the State under 1311 of the Patient
Protection and Affordable Care Act'.''.
(b) Denial of Credit for Individuals Not Previously Enrolled.--
Subsection (b) of section 36B of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(4) Limitation for individuals not previously enrolled.--
The premium assistance credit amount shall be zero with respect
to any qualified health plan unless such plan covers an
individual described in paragraph (2)(A) who was enrolled in a
qualified health plan through an Exchange established under the
Patient Protection and Affordable Care Act before the date of
the enactment of this paragraph.''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2013.
SEC. 5. FREEDOM TO MAINTAIN EXISTING COVERAGE.
(a) In General.--Part 2 of subtitle C of title I of the Patient
Protection and Affordable Care Act (42 U.S.C. 18011 et seq.) is amended
by striking section 1251 and inserting the following:
``SEC. 1251. FREEDOM TO MAINTAIN EXISTING COVERAGE.
``(a) No Changes to Existing Coverage.--
``(1) In general.--Nothing in this Act (or an amendment
made by this Act) shall be construed to require that an
individual terminate coverage under a group health plan or
health insurance coverage in which such individual was enrolled
during any part of the period beginning on the date of
enactment of this Act and ending on December 31, 2017.
``(2) Continuation of coverage.--With respect to a group
health plan or health insurance coverage in which an individual
was enrolled during any part of the period beginning on the
date of enactment of this Act and ending on December 31, 2017,
this subtitle and subtitle A (and the amendments made by such
subtitles) shall not apply to such plan or coverage, regardless
of whether the individual renews such coverage.
``(b) Allowance for Family Members To Join Current Coverage.--With
respect to a group health plan or health insurance coverage in which an
individual was enrolled during any part of the period beginning on the
date of enactment of this Act and ending on December 31, 2017, and
which is renewed, family members of such individual shall be permitted
to enroll in such plan or coverage if such enrollment is permitted
under the terms of the plan in effect as of such date of enrollment.
``(c) Allowance for New Employees To Join Current Plan.--A group
health plan that provides coverage during any part of the period
beginning on the date of enactment of this Act and ending on December
31, 2017, may provide for the enrolling of new employees (and their
families) in such plan, and this subtitle and subtitle A (and the
amendments made by such subtitles) shall not apply with respect to such
plan and such new employees (and their families).
``(d) Effect on Collective Bargaining Agreements.--In the case of
health insurance coverage maintained pursuant to one or more collective
bargaining agreements between employee representatives and one or more
employers that was ratified before December 31, 2017, the provisions of
this subtitle and subtitle A (and the amendments made by such
subtitles) shall not apply until the date on which the last of the
collective bargaining agreements relating to the coverage terminates.
Any coverage amendment made pursuant to a collective bargaining
agreement relating to the coverage which amends the coverage solely to
conform to any requirement added by this subtitle or subtitle A (or
amendments) shall not be treated as a termination of such collective
bargaining agreement.
``(e) Definition.--In this title, the term `grandfathered health
plan' means any group health plan or health insurance coverage to which
this section applies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Patient Protection and Affordable
Care Act (Public Law 111-148).
SEC. 6. ESSENTIAL HEALTH BENEFITS.
(a) In General.--Subsections (a) and (b) of section 1302 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18022) are
amended to read as follows:
``(a) Essential Health Benefits Package.--In this title, the term
`essential health benefits package' means, with respect to any health
plan, coverage that provide for benefits and cost sharing as required
in the States in which such plan is offered.
``(b) Essential Health Benefits.--Essential health benefits shall
be defined to include those required by the State in which a health
plan is offered.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Patient Protection and Affordable
Care Act (Public Law 111-148). | Preserving Freedom and Choice in Health Care Act This bill amends the Patient Protection and Affordable Care Act (PPACA) and the Internal Revenue Code to repeal the requirements for individuals to maintain minimum essential coverage and for large employers to pay penalties if a full-time employee: (1) must wait longer than 60 days to enroll in an employer-sponsored health plan, or (2) receives a premium assistance tax credit or reduced cost-sharing. Coverage reporting requirements for providers and large employers are also repealed. Individuals enrolled in a health plan purchased through the federal health insurance exchange at the time of enactment of this Act who are ineligible for a premium assistance tax credit solely as a result of a determination by the Supreme Court in King v. Burwell are eligible for the tax credit. This applies to coverage months beginning after December 2013 and before September 2017. Group health coverage in which an individual was enrolled during any part of the period beginning on the date of enactment of PPACA (March 23, 2010) and ending on December 31, 2017, is a grandfathered health plan under PPACA and is exempt from some coverage requirements. Essential health benefits are defined by states. This amendment takes effect as if included in PPACA. | {"src": "billsum_train", "title": "Preserving Freedom and Choice in Health Care Act"} | 1,501 | 269 | 0.612963 | 1.809346 | 0.642998 | 2.782051 | 5.726496 | 0.824786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Technology Equity Act of
2001''.
SEC. 2. EQUITABLE ACCESS OF TECHNOLOGY.
Title III of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6101 et seq.) is amended by adding at the end the following new
part:
``PART F--EDUCATION TECHNOLOGY EQUITY
``SEC. 3601. FINDINGS.
``The Congress finds the following:
``(1) Having access and being able to effectively use new
technologies, such as computers and the Internet, will be
critical to the economic and overall success of American
businesses, communities, and individuals in the 21st century.
``(2) It is estimated that every 3 out of 5 jobs created
during the next 5 years will have relatively high skills
requirements.
``(3) The information technology industry indicates that it
will be unable to fill more than 800,000 this year.
``(4) The E-Rate program has connected 95 percent of all
public schools to the Internet.
``(5) A digital divide exists and has grown and for the
poorest Americans has grown by 29 percent since 1997.
``(6) White families are more than twice as likely to have
access to a computer and the Internet than Black and Hispanic
families.
``(7) 4 to 5 students per computer is the ratio that many
experts consider to represent a reasonable level for the
effective use of computers within schools. The national average
student to computer ratio is 6 to 1. In schools with the
highest concentrations of poverty, the average student to
computer ratio is 16 to 1.
``(8) According to a number of experts, a baseline model
for Internet connection that provides students and teachers
with the ability to fully engage in telecommunications
opportunities would cost between $9,350,000,000 to
$22,050,000,000 with an additional annual cost of
$1,750,000,000 to $4,600,000,000.
``SEC. 3602. PURPOSE.
``The purpose of this part is to enable every child in America to
cross the digital divide by ensuring that all children, especially
those who are disadvantaged and from low-income and minority families,
have access to the most advanced and effective technology and
technology education.
``SEC. 3603. RESERVATION AND ALLOTMENTS.
``(a) Reservation.--From the amount made available under section
3607 to carry out this part for each fiscal year, the Secretary--
``(1) shall reserve 0.5 percent of such amount for grants
to Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of
Palau, the Marshall Islands, and the Federated States of
Micronesia; and
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this part
for Indian children.
``(b) State Educational Agency Allotments.--
``(1) In general.--Except as provided in paragraph (2), and
after making the reservations in subsection (a), the Secretary
shall, for each fiscal year, allocate among the States the
remainder according to the ratio between the amount each State
received under part A of title I for the preceding year and the
sum of such amounts received by all the States.
``(2) Minimum.--For any fiscal year, the Secretary shall
not allot to a State an amount under this subsection that is
less than \1/2\ of 1 percent of the total amount allotted to
all the States under this subsection.
``(3) Reallotment.--Except as provided in paragraph (2),
The Secretary may reallot any amount of any allotment to a
State if the Secretary determines that the State will be unable
to use such amount within 2 years of such allotment. Such reallotments
shall be made on the same basis as allotments are made under paragraph
(1).
``(c) Within-State Distribution of Funds.--Each State educational
agency having an approved application pursuant to section 3604 and
receiving an allocation under subsection (b), shall allocate--
``(1) not less than 95 percent of such allocation to local
educational agencies in accordance with the provisions of
section 1125; and
``(2) not more than 5 percent for State level activities,
including technical assistance, and evaluation, of which not
more than 40 percent may be used for administration.
``(d) Local Distribution.--Each local educational agency that
receives a grant under this part shall--
``(1) annually rank such agency's schools from highest to
lowest based on--
``(A) the percentage of children eligible for
participation in the school lunch program under the
Richard B. Russell National School Lunch Act; and
``(B) the need of each school for computers as
determined by the agency; and
``(2) serve such schools in rank order.
``SEC. 3604. APPLICATIONS.
``(a) State Application.--Each State educational agency seeking a
grant under this part shall submit an application in such form, and
containing such information, as the Secretary may reasonably require.
At a minimum, the application shall provide an assurance that the State
will provide technical assistance to local educational agencies in
developing a comprehensive system for the acquisition and use of
technology and technology-enhanced curricula, instruction, and
administrative support resources.
``(b) Local Educational Agency Application.--Each local educational
agency seeking a grant under this part shall submit an application to
the State educational agency that includes, at a minimum--
``(1) the student to computer ratios;
``(2) the Internet connectivity of schools to be served;
``(3) an assurance that the agency will report annually to
the State regarding the student to computer ratio and Internet
connectivity of schools to be served; and
``(4) a plan for a comprehensive system for the acquisition
and use of technology and technology-enhanced curricula,
instruction, and administrative support services.
``SEC. 3605. LOCAL USES OF FUNDS.
``(a) Required Uses.--A local educational agency that receives a
grant under this part shall use such grant to purchase computers.
``(b) Permissible Use.--
``(1) Special rule.--A local educational agency that
receives a grant under this part may use such funds for
purposes described in paragraph (2) if all schools in the local
educational agency have a student to computer ratio equal to or
less than 6 to 1. Such ratio shall be certified by the State
educational agency prior to any such use of funds.
``(2) Additional uses.--If the condition in paragraph (1)
is met, a local educational agency may use funds reserved under
this part for--
``(A) teacher training;
``(B) integrating technology into curriculum;
``(C) maintenance and support; and
``(D) computers for home use by students and
teachers.
``SEC. 3606. REPORTING.
``(a) State Reporting.--Each State educational agency that receives
a grant award under this part shall submit an annual report to the
Secretary regarding the student to computer ratios and Internet
connectivity of schools provided assistance under this part.
``(b) Local Reporting.--Each local educational agency that receives
a grant award under this part shall submit an annual report to the
State educational agency regarding the student to computer ratios and
Internet connectivity of schools provided assistance under this part.
``SEC. 3607. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $1,000,000,000 for fiscal
year 2002 and such sums as may be necessary for the 4 succeeding fiscal
years to carry out the purposes of this part.''. | Education Technology Equity Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to: (1) reserve half of one percent of funds authorized under this Act for FY 2002 through 2006 for grants to Guam, American Samoa, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Marshall Islands, and the Federated States of Micronesia; (2) reserve one percent of such funds for the Secretary of the Interior to carry out programs for Indian children; and (3) allocate the remainder of such funds to States according to a formula based in part on eligibility under the national school lunch program.Requires each State educational agency seeking a grant under this Act to submit an application providing assurances that the State will provide technical assistance to local educational agencies (LEAs) in developing a comprehensive system for the acquisition and use of technology and technology-enhanced curricula, instruction, and administrative support services. Requires each LEA seeking a grant to submit an application which includes: (1) the student to computer ratios; (2) the Internet connectivity of schools to be served; and (3) a plan for the acquisition and use of technology.Requires each LEA receiving a grant to use such funds to purchase computers for classrooms and related activities (teacher training, computer maintenance and support, home computer use by students). | {"src": "billsum_train", "title": "To narrow the digital divide."} | 1,688 | 301 | 0.522921 | 1.595358 | 0.569173 | 4.594796 | 5.98513 | 0.921933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Immigration Law Enforcement
Act of 1993''.
SEC. 2. INCREASED PERSONNEL LEVELS OF THE BORDER PATROL.
The number of full-time positions in the Border Patrol of the
Department of Justice for fiscal year 1994 shall be increased to 6,600.
SEC. 3. INCREASED FUNDING FOR THE BORDER PATROL.
In addition to funds otherwise available for such purposes, there
are authorized to be appropriated to the Attorney General $50,000,000
for the fiscal year 1993, which amount shall be available only for
equipment, support services, and initial training for the Border
Patrol. Funds appropriated pursuant to this section are authorized to
remain available until expended.
SEC. 4. INSERVICE TRAINING FOR THE BORDER PATROL.
(a) Requirement.--Section 103 of the Immigration and Nationality
Act (8 U.S.C. 1103) is amended by adding at the end the following new
subsection:
``(e)(1) The Attorney General shall continue to provide for such
programs of inservice training for full-time and part-time personnel of
the Border Patrol in contact with the public as will familiarize the
personnel with the rights and varied cultural backgrounds of aliens and
citizens in order to ensure and safeguard the constitutional and civil
rights, personal safety, and human dignity of all individuals, aliens
as well as citizens, within the jurisdiction of the United States with
whom they have contact in their work.
``(2) The Attorney General shall provide that the annual report of
the Service include a description of steps taken to carry out paragraph
(1).''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $1,000,000 for fiscal year 1994 to
carry out the inservice training described in section 103(e) of the
Immigration and Nationality Act. The funds appropriated pursuant to
this subsection are authorized to remain available until expended.
SEC. 5. INCREASE IN I.N.S. SUPPORT PERSONNEL.
In order to provide support for the increased personnel levels of
the border patrol authorized in section 2, the number of full-time
support positions for investigation, detention and deportation,
intelligence, information and records, legal proceedings, and
management and administration in the Immigration and Naturalization
Service shall be increased by 580 positions above the number of
equivalent positions as of September 30, 1992.
SEC. 6. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.
(a) In General.--The number of full-time positions in the Wage and
Hour Division with the Employment Standards Administration of the
Department of Labor for the fiscal year 1994 shall be increased by 250
positions above the number of equivalent positions available to the
Wage and Hour Division as of September 30, 1992.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be assigned to investigate
violations of wage and hour laws in areas where the Attorney General
has notified the Secretary of Labor that there are high concentrations
of undocumented aliens.
SEC. 7. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS PROVISIONS.
(a) In General.--The number of full-time positions in the
Investigations Division within the Immigration and Naturalization
Service of the Department of Justice for the fiscal year 1994 shall be
increased by 250 positions above the number of equivalent positions
available to such Division as of September 30, 1992.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be assigned to investigate
violations of the employer sanctions provisions contained in section
274A of the Immigration and Nationality Act, including investigating
reports of violations received from officers of the Employment
Standards Administration of the Department of Labor.
SEC. 8. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.
(a) In General.--The number of Assistant United States Attorneys
that may be employed by the Department of Justice for the fiscal year
1994 shall be increased by 21 above the number of Assistant United
States Attorneys that could be employed as of September 30, 1992.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be specially trained to be
used for the prosecution of persons who bring into the United States or
harbor illegal aliens, fraud, and other criminal statutes involving
illegal aliens.
SEC. 9. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.
Subsection 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) in paragraph (1), by striking ``five years'' and
inserting ``10 years (or 20 years in the case of an offense
described in paragraph (3))'', and
(2) by adding at the end the following new paragraph:
``(3) For purposes of paragraph (1), an offense described
in this paragraph if--
``(A) the offense involves 5 or more aliens;
``(B) the offense involves other criminal activity;
``(C) one or more of the aliens referred to in
paragraph (1) were under the age of 18 at the time of
the offense and the offense was committed either for
the purpose of illegal adoption or for the purpose of
sexual or commercial exploitation; or
``(D) the offense involves the dangerous, inhumane
treatment, or death of, or serious bodily injury to, an
alien referred to in paragraph (1).''.
SEC. 10. CHANGES IN CRIMINAL PENALTIES FOR BRINGING IN ALIENS.
Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324)
is amended--
(1) in subsection (a)(2), by inserting before the period at
the end thereof the following: ``, except that a person who
commits an offense under subparagraph (B)(ii) shall be fined in
accordance with that title, or imprisoned not more than 10
years, or both'', and
(2) by adding at the end thereof the following new
subsection:
``(d) For purposes of this section, the mere employment of an
individual (including the usual and normal practices incident to
employment) by itself shall not be deemed to constitute harboring.''.
SEC. 11. NEGOTIATIONS WITH MEXICO AND CANADA.
It is the sense of the Congress that--
(1) the Attorney General, jointly with the Secretary of
State, should initiate discussions with Mexico and Canada to
establish formal bilateral programs with those countries to
prevent and to prosecute the smuggling of undocumented aliens
into the United States;
(2) not later than one year after the date of enactment of
this Act, the Attorney General shall report to the Congress the
progress made in establishing such programs; and
(3) in any such program established under this Act, major
emphasis should be placed on deterring and prosecuting persons
involved in the organized and continued smuggling of
undocumented aliens. | Improved Immigration Law Enforcement Act of 1993 - Increases FY 1994 personnel levels and funding for the Border Patrol and support personnel levels for the Immigration and Naturalization Service (INS).
Provides for inservice training to familiarize Border Patrol personnel with the rights and varied cultural backgrounds of aliens and citizens. Authorizes FY 1994 appropriations.
Increases FY 1994 personnel levels in: (1) the Wage and Hour Division with the Employment Standards Administration of the Department of Labor, and assigns such additional personnel to areas with high concentrations of undocumented aliens; and (2) the Investigations Division within INS, and assigns such additional personnel to investigate violations of the employer sanctions provisions of the Immigration and Nationality Act (the Act).
Increases for FY 1994 the number of Assistant United States Attorney positions, and assigns such additional personnel to prosecute persons who harbor or bring into the United States illegal aliens.
Amends the Act to increase penalties for harboring or bringing into the United States aliens for profit (but specifies that mere employment of an individual by itself shall not be deemed to constitute harboring).
Expresses the sense of the Senate that the Attorney General and the Secretary of State should initiate programs with Mexico and Canada to prevent and prosecute the smuggling of aliens into the United States. | {"src": "billsum_train", "title": "Improved Immigration Law Enforcement Act of 1993"} | 1,567 | 275 | 0.59008 | 1.901257 | 0.799804 | 3.222222 | 5.744856 | 0.909465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest in Energy Security Act''.
SEC. 2. STRATEGIC PETROLEUM RESERVE.
(a) Petroleum Acquisition for the Strategic Petroleum Reserve.--
Section 301(e)(1) of the Energy Policy Act of 2005 (42 U.S.C. 6240
note) is amended to read as follows:
``(1) In general.--The Secretary shall, as expeditiously as
practical, without incurring excessive cost or appreciably
affecting the price of petroleum products to consumers, acquire
petroleum in quantities sufficient to fill the available
capacity of the Strategic Petroleum Reserve, subject to the
following limitations:
``(A) Suspension of royalty-in-kind transfers to
the strategic petroleum reserve.--No later than
September 30, 2008, the Secretary shall sell 13,000,000
barrels of petroleum received under the royalty-in-kind
program. Beginning October 1, 2008, the Secretary shall
suspend acquisition of petroleum for the Strategic
Petroleum Reserve under the Royalty-In-Kind program,
subject to resumption as provided in subparagraph (B).
``(B) Resumption of petroleum acquisition for the
strategic petroleum reserve.--The Secretary may resume
acquisition of petroleum for the Strategic Petroleum
Reserve 30 days after notification to Congress that--
``(i)(I) the Secretary projects that the
United States will fall short of its
commitments under the International Energy
Program within a period of 24 months from the
date of the projection; or
``(II) the weighted average price of
petroleum for the most recent 90 day period is
at least 25 percent less than the 24-month
historical average price; and
``(ii) that resumption of Strategic
Petroleum Reserve fill will not have an
appreciable effect on the price of petroleum
products to consumers within the following 12-
month period after the resumption of
acquisition.
``(C) Future suspension of strategic petroleum
reserve petroleum acquisition.--During any period in
which the Secretary is acquiring petroleum for the
Strategic Petroleum Reserve, the Secretary shall
suspend acquisition activities if--
``(i) the monthly weighted average price of
petroleum increases by more than 20 percent
over any period of 6 months or less; or
``(ii) the Secretary determines that
continued Strategic Petroleum Reserve fill may
have an appreciable impact on prices of
petroleum products in future months.''.
(b) Revised Procedures.--No later than 60 days after the date of
the enactment of this section, the Secretary shall publish revised
procedures under section 301(e)(2) of the Energy Policy Act of 2005
consistent with the provisions contained in the amendment made by
subsection (a).
SEC. 3. ENERGY INDEPENDENCE AND SECURITY FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States the ``Energy Independence and Security Fund''
(hereinafter in this section referred to as ``the Fund'').
(b) Administration.--The Secretary of Energy shall be responsible
for administering the Fund for the purpose of carrying out this
section.
(c) Deposits.--All proceeds from sales of petroleum from the
Strategic Petroleum Reserve, as authorized in section 301(e)(1) of the
Energy Policy Act of 2005 (as amended by section 2 of this Act), after
deduction of the direct administrative costs associated with such
sales, shall be deposited in the Fund.
(d) Distribution of Funds.--The Secretary shall make available for
obligation, without further appropriation and without fiscal year
limitation, the following amounts from the Fund:
(1) Advanced research projects agency--energy.--For fiscal
year 2008, the Secretary shall transfer $100,000,000 to the
``Energy Transformation Acceleration Fund'', as authorized in
section 5012(m) of the America COMPETES Act (42 U.S.C.
16538(m)), to remain available until expended. Of the funds
transferred, the Secretary shall further allocate the amounts
made available for obligation as follows:
(A) $50,000,000 shall be available for university-
based research projects.
(B) $10,000,000 shall be available for program
direction expenses.
(2) Rural wind energy.--For fiscal year 2008, the Secretary
shall transfer $15,000,000 to the account ``Energy Efficiency
and Renewable Energy'', to remain available until expended, for
necessary expenses for a program to support the development of
infrastructure necessary for deployment of wind energy systems
in rural areas, as authorized in section 931(f)(1) of the
Energy Policy Act of 2005 (42 U.S.C. 16231(f)(1)).
(3) Solar energy research and development.--For fiscal year
2008, the Secretary shall transfer $30,000,000 to the account
``Energy Efficiency and Renewable Energy'', to remain available
until expended, for necessary expenses for a program to
accelerate the research, development, demonstration, and
deployment of solar energy technologies, as authorized by
section 931(a)(2)(A) of the Energy Policy Act of 2005 (42
U.S.C. 16231(a)(2)(A)).
(4) Low income weatherization.--For fiscal year 2008, the
Secretary shall transfer $100,000,000 to the account
``Weatherization Assistance Program'', to remain available
until expended, for necessary expenses for a program to
weatherize low income housing, as authorized by section 411 of
the Energy Independence and Security Act of 2007 (Public Law
110-140).
(5) Marine and hydrokinetic renewable electric energy.--For
fiscal year 2008, the Secretary shall transfer $30,000,000 to
the account ``Energy Efficiency and Renewable Energy'', to
remain available until expended, for necessary expenses for a
program to accelerate the research, development, demonstration,
and deployment of ocean and wave energy, including hydrokinetic
renewable energy, as authorized by section 931 of the Energy
Policy Act of 2005 (42 U.S.C. 16231) and section 636 of the
Energy Independence and Security Act of 2007 (Public Law 110-
140).
(6) Industrial energy efficiency research and
development.--For fiscal year 2008, the Secretary shall
transfer $110,000,000 to the account ``Energy Efficiency and
Renewable Energy'', to remain available until expended, for
necessary expenses for a program to accelerate the research,
development, demonstration, and deployment of new technologies
to improve the energy efficiency and reduce greenhouse gas
emissions from industrial processes, as authorized in section
911(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
16191(a)(2)(C)) and in section 452 of the Energy Independence
and Security Act of 2007 (Public Law 110-140).
(7) Building energy efficiency research and development.--
For fiscal year 2008, the Secretary shall transfer $70,000,000
to the account ``Energy Efficiency and Renewable Energy'', to
remain available until expended, for necessary expenses for a
program to accelerate the research, development, demonstration,
and deployment of new technologies to improve the energy
efficiency and reduce greenhouse gas emissions from buildings,
as authorized in section 422 of the Energy Independence and
Security Act of 2007 (Public Law 110-140).
(8) Energy storage for transportation and electric power
applications.--For fiscal year 2008, the Secretary shall
transfer $30,000,000 to the account ``Energy Efficiency and
Renewable Energy'', to remain available until expended, for
necessary expenses for a program to accelerate the research,
development, demonstration, and deployment of new materials for
improving the energy efficiency of transportation, electric
power and other technologies, as authorized by section 641 of
the Energy Independence and Security Act of 2007 (Public Law
110-140).
(9) Geothermal energy development.--(A) For fiscal year
2008, the Secretary shall transfer $30,000,000 to the account
``Energy Efficiency and Renewable Energy'', to remain available
until expended, for necessary expenses for a program for
geothermal research and development activities to be managed by
the National Renewable Energy Laboratory, as authorized by
section 931(a)(2)(C) of the Energy Policy Act of 2005 (42
U.S.C. 16231(a)(2)(C)); and
(B) For fiscal year 2008, the Secretary shall transfer
$30,000,000 to the account ``Fossil Energy Research and
Development'', to remain available until expended, for
necessary expenses for a program of advanced geothermal
drilling and resource characterization to be managed by the
National Energy Technology Laboratory.
(10) Carbon capture and storage.--For fiscal year 2008, the
Secretary shall transfer $385,000,000 to the account ``Fossil
Energy Research and Development'', to remain available until
expended, for necessary expenses for a program of demonstration
projects of carbon capture and storage, as authorized by
sections 702 and 703 of the Energy Independence and Security
Act of 2007 (Public Law 110-140). Notwithstanding any other
provision of law, one of the demonstration projects shall be a
component of the FutureGen project.
(11) Nonconventional domestic natural gas and petroleum
production and environmental research.--
(A) For fiscal year 2008, the Secretary shall
transfer $50,000,000 to the ``Ultra-Deepwater and
Unconventional Natural Gas and Other Petroleum Research
Fund'', to remain available until expended, as
authorized by section 999H(e) of the Energy Policy Act
of 2005 (42 U.S.C. 16378(e)).
(B) For fiscal year 2008, the Secretary shall
transfer $15,000,000 to the account ``Fossil Energy
Research and Development'', to remain available until
expended, for necessary expenses for a program of
environmental research in support of small producers of
domestic petroleum and natural gas, for regulatory
analysis and for support for the stripper well
consortium.
(12) Hydrogen research and development.--For fiscal year
2008, the Secretary shall transfer $5,000,000 to the account
``Energy Efficiency and Renewable Energy'', to remain available
until expended, for necessary expenses for the Department's H-
Prize Program, as authorized by section 654 of the Energy
Independence and Security Act of 2007 (Public Law 110-140).
(e) Amendments.--(1) Section 999F of the Energy Policy Act of 2005
(42 U.S.C. 16376) is amended by striking ``2014'' and inserting
``2017''.
(2) Section 999B(e) of that Act (42 U.S.C.16372(e)) is amended by
striking paragraph (3) and inserting the following:
``(3) Publication.--The Secretary shall publish in the
Federal Register the annual plan, along with any written
comments received under paragraph (2)(A) and (B).''.
(3) Section 999H(b) of that Act (42 U.S.C.16378(b)) is amended by
inserting ``, and shall be exempt from subchapter II of chapter 15 of
title 31, United States Code'' after ``available until expended''.
(f) Transfer Procedures.--The Secretary shall make an initial
transfer from the Fund no later than 30 days after the initial deposit
of monies into the Fund. The Secretary shall make additional transfers
no later than 30 days after subsequent deposits, until the full amounts
authorized for fiscal 2008 have been transferred. To the extent that
any transfer in fiscal 2008 is less than the authorized total, the
transfers shall be made on a pro rata basis.
(g) Management and Oversight.--
(1) Additionality of fiscal year 2008 transfers.--All
amounts transferred under subsection (d)(1) shall be in
addition to, and shall not be substituted for, any funds
appropriated for the same or similar purposes in the
Consolidated Appropriations Act, 2008.
(2) Program plans and performance measures.--The Secretary
shall prepare and publish in the Federal Register a plan for
the proposed use of all funds authorized in subsection (d). The
plan also shall identify how the use of these funds will be
additive to, and not displace annual appropriations. The plans
also shall identify performance measures to assess the
additional benefits that may be realized from the application
of the additional funding provided under this section. The
initial plan shall be published in the Federal Register within
90 days from enactment of this section, and shall be updated
annually and submitted to Congress together with the
President's budget.
(3) Congressional oversight and review.--Nothing in this
section shall limit or restrict the review and oversight of
program plans by the appropriate committees of Congress.
Nothing in this section shall limit or restrict the authority
of Congress to set alternative spending limitations in annual
appropriations Acts.
(4) Apportionment.--All transactions of the Fund shall be
exempt from apportionment under the provisions of subchapter II
of chapter 15 of title 31, United States Code.
(5) Use of other transactions authority.--(A) Any
solicitation for research, development, or demonstration
project proposals to be funded under this section shall provide
for and encourage the use of Other Transactions Authority,
including Technology Investment Agreements as authorized by
section 646(g) of the Department of Energy Organization Act (42
U.S.C. 7256) and Part 603 of the Department of Energy
Acquisition Regulation.
(B) Any solicitation for a commercial demonstration project
under this section shall require the use of Other Transactions
Authority, including Technology Investment Agreements, as
authorized by section 646(g) of the Department of Energy
Organization Act (42 U.S.C. 7256) and Part 603 of the
Department of Energy Acquisition Regulation. | Invest in Energy Security Act - Amends the Energy Policy Act of 2005 governing petroleum acquisition for the Strategic Petroleum Reserve (SPR) to direct the Secretary of Energy to: (1) sell specified quantities of petroleum received under the royalty-in-kind program; and (2) suspend petroleum acquisition for the SPR under such program.
Authorizes the Secretary to resume such acquisition upon notifying Congress that specified circumstances exist, and to suspend acquisition again if certain other circumstances arise.
Establishes the Energy Independence and Security Fund to receive all proceeds from sales of SPR petroleum.
Allocates amounts from such Fund for: (1) the Energy Transformation Acceleration Fund for university-based research projects and program direction expenses; (2) Energy Efficiency and Renewable Energy account for rural wind energy systems; (3) solar energy technologies; (4) weatherization assistance for low-income housing; (5) ocean and wave energy, including hydrokinetic renewable energy; (6) technologies to improve the energy efficiency and reduce greenhouse gas emissions from industrial processes and from buildings; (7) improvements to the energy efficiency of transportation and electric power; (8) geothermal research and development managed by the National Renewable Energy Laboratory; (9) advanced geothermal drilling and resource characterization managed by National Energy Technology Laboratory; (10) carbon capture and storage; (11) Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund; (12) environmental research in support of small producers of domestic petroleum and natural gas, for regulatory analysis and for support for the stripper well consortium; and (13) the H-Prize Program of the Department of Energy. | {"src": "billsum_train", "title": "To amend the Energy Policy Act of 2005 to require the Secretary of Energy to acquire petroleum in quantities sufficient to fill the available capacity of the Strategic Petroleum Reserve, subject to certain limitations, and for other purposes."} | 2,936 | 328 | 0.489951 | 1.454391 | 0.824961 | 3.561905 | 8.384127 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Women's Business Council
Reauthorization Act of 2000''.
SEC. 2. DUTIES OF THE COUNCIL.
Section 406 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``SEC. 406. DUTIES OF THE COUNCIL.
``(a) In General.--The Council shall--
``(1) provide advice and counsel to the President and to
the Congress on economic matters of importance to women
business owners;
``(2) promote initiatives designed to increase access to
capital and to markets, training and technical assistance,
research, resources, and leadership opportunities for and about
women business owners;
``(3) provide a source of information and a catalyst for
action to support women's business development;
``(4) promote the implementation of the policy agenda,
initiatives and recommendations issued at Summit '98, the
National Women's Economic Forum;
``(5) review, coordinate, and monitor plans and programs
developed in the public and private sectors that affect the
ability of women-owned small business concerns to obtain
capital and credit;
``(6) work with--
``(A) the Federal agencies for the purpose of
assisting them in meeting the 5 percent women's
procurement goal established under section 15(g) of the
Small Business Act; and
``(B) the private sector in increasing contracting
opportunities for women-owned small business concerns;
``(7) promote and assist in the development of a women's
business census and other statistical surveys of women-owned
small business concerns;
``(8) support new and ongoing research on women-owned small
business concerns;
``(9) monitor and promote the plans, programs, and
operations of the departments and agencies of the Federal
Government that may contribute to the establishment and growth
of women's business enterprise;
``(10) develop and promote new initiatives, policies,
programs, and plans designed to foster women's business
enterprise; and
``(11) advise and consult with State and local leaders to
develop and implement programs and policies that promote
women's business ownership.
``(b) Interaction With the Interagency Committee on Women's
Business Enterprise.--The Council shall--
``(1) advise the Interagency Committee on Women's Business
Enterprise (in this section referred to as the `Committee') on
matters relating to the activities, functions, and policies of
the Committee, as provided in this title; and
``(2) meet jointly with the Committee at the discretion of
the chairperson of the Council and the chairperson of the
Committee, but not less frequently than biannually.
``(c) Meetings.--The Council shall meet separately at such times as
the Council deems necessary. A majority of the members of the Council
shall constitute a quorum for the approval of recommendations or
reports issued pursuant to this section.
``(d) Recommendations and Reports.--
``(1) In general.--Not later than 90 days after the last
day of each fiscal year, the Council shall--
``(A) make recommendations for consideration by the
Committee; and
``(B) submit a report to the President, the
Committee, the Administrator, the Committee on Small
Business of the Senate, and the Committee on Small
Business of the House of Representatives, as described
in paragraph (2).
``(2) Contents of reports.--The reports required by
paragraph (1) shall contain--
``(A) a detailed description of the activities of
the Council during the preceding fiscal year, including
a status report on the progress of the Council toward
meeting its duties under subsections (a);
``(B) the findings, conclusions, and
recommendations of the Council concerning; and
``(C) the recommendations of the Council for such
legislation and administrative actions as the Council
considers appropriate to promote the development of
small business concerns owned and controlled by women.
``(e) Separate Submissions.--The Administrator shall submit any
additional, concurring, or dissenting views or recommendations to the
President, the Committee, and the Congress separately from any
recommendations or report submitted by the Council under this
subsection.''.
SEC. 3. MEMBERSHIP OF THE COUNCIL.
Section 407 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended--
(1) in subsection (a), by striking ``Not later'' and all
that follows through ``the President'' and inserting ``The
President'';
(2) in subsection (b)--
(A) by striking ``Not later'' and all that follows
through ``the Administrator'' and inserting ``The
Administrator''; and
(B) by striking ``the Assistant Administrator of
the Office of Women's Business Ownership and'';
(3) in subsection (d), by striking ``, except that'' and
all that follows through the end of the subsection and
inserting a period; and
(4) in subsection (h), by striking ``Not later'' and all
that follows through ``the Administrator'' and inserting ``The
Administrator''.
SEC. 4. REPEAL OF PROCUREMENT PROJECT; STATE AND LOCAL ECONOMIC
NETWORKS.
Section 409 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``SEC. 409. STATE AND LOCAL ECONOMIC NETWORKS.
``The Council shall work with State and local officials and
business leaders to develop the infrastructure for women's business
enterprise for the purpose of increasing women's effectiveness in
shaping the economic agendas of their States and communities.''.
SEC. 5. STUDIES AND OTHER RESEARCH.
Section 410 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``SEC. 410. STUDIES, OTHER RESEARCH, AND ISSUE INITIATIVES.
``(a) In General.--
``(1) Authority.--The Council may, as it determines to be
appropriate, conduct such studies, research, and issue
initiatives relating to--
``(A) the award of Federal, State, local, and
private sector prime contracts and subcontracts to
women-owned businesses; and
``(B) access to credit and investment capital by
women entrepreneurs, and business development
assistance programs, including the identification of
best practices.
``(2) Purposes.--Studies, research, and issue initiatives
may be conducted under paragraph (1) for purposes including--
``(A) identification of several focused outreach
initiatives in nontraditional industry sectors for the
purpose of increasing contract awards to women in those
areas;
``(B) supporting the growth and proliferation of
programs designed to prepare women to successfully
access the equity capital markets;
``(C) continuing to identify and report on
financial best practices that have worked to increase
credit and capital availability to women business
owners; and
``(D) working with Women's Business Centers to
develop programs and coordinate activities.
``(b) Contract Authority.--In conducting any study or other
research under this section, the Council may contract with 1 or more
public or private entities.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 411 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``SEC. 411. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this title $1,000,000, for each of fiscal years 2001 through 2003,
of which $550,000 shall be available in each such fiscal year to carry
out sections 409 and 410.
``(b) Budget Review.--No amount made available under this section
for any fiscal year may be obligated or expended by the Council before
the date on which the Council reviews and approves the operating budget
of the Council to carry out the responsibilities of the Council for
that fiscal year.''. | Repeals deadline dates for the appointment of a Council chairperson, executive director, and members.
Repeals a required Council study on the award of Federal prime contracts and subcontracts to women-owned businesses. Directs the Council to work with State and local officials and business leaders to develop the infrastructure for women's business enterprise so as to increase women's effectiveness in shaping the economic agendas of their States and communities.
Extends through FY 2003 the authorization of appropriations for Council activities. | {"src": "billsum_train", "title": "National Women's Business Council Reauthorization Act of 2000"} | 1,802 | 108 | 0.532753 | 1.456888 | 0.900122 | 4.131868 | 18.659341 | 0.879121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Excellence in Cybersecurity Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Cybercrime is one of the preeminent threats facing the
United States today, and presents a cumulative national
security, economic, and individual threat unlike any before it.
(2) The total global cost of cybercrime is estimated to be
$1,000,000,000,000 per year and represents one of the greatest
transfers of wealth in the history of the world.
(3) Cybercrime surveys have found that the solutions to
cybersecurity threats are multi-pronged and go beyond increased
data sharing and threat analysis.
(4) Many leaders of organizations do not know who is
responsible for the cybersecurity needs of their organization
or industry. These leaders also underestimate the capabilities
of their adversaries in cybercrime and the strategic,
financial, reputational, and regulatory risks those adversaries
pose to organizations.
(5) Security experts are not effectively communicating best
practices to address cyberthreats, cyberattacks, and defensive
technologies.
(6) Cybersecurity experts believe there are 4 key factors
that impact the vulnerability of an organization to cybercrime:
(A) Understanding the changes to and best practices
for the current threat environment.
(B) Strategy and execution of a cybersecurity
program.
(C) The identification of key assets in need of
protection.
(D) The ability to develop relationships with
similar organizations to develop protection within the
industry ecosystem.
(7) It is essential that the United States prioritize the
development of organizational relationships and best practices
of specific industries to help protect those industries against
threats to cybersecurity.
SEC. 3. VERTICAL CENTERS OF EXCELLENCE ON CYBERSECURITY.
(a) Establishment.--The Director of the National Institute of
Standards and Technology shall establish 5 Vertical Centers of
Excellence on Cybersecurity.
(b) Mission.--Each Center shall convene experts and individuals in
the industry that is the focus of the work of that Center for the
purposes of--
(1) identifying and analyzing existing and future
cybersecurity challenges faced by various industries;
(2) creating solutions and promoting best practices to
address such challenges; and
(3) collaborating with individuals in those industries to
share knowledge.
(c) Requirements.--In establishing each Center under subsection
(a), the Director, not later than 6 months after the date of enactment
of this Act, shall select--
(1) a particular industry that faces cybersecurity
challenges to be the focus of the work of that Center;
(2) a manager to be responsible for the administrative
functions of that Center; and
(3) the location of that Center pursuant to subsection (d).
(d) Location Requirements.--The Director shall seek to ensure that
each Center is located a sufficient geographical distance from another
Center and shall select a location for each Center based on--
(1) proximity to the geographical location of a number of
businesses operating in the industry selected pursuant to
subsection (c)(1);
(2) accessibility to the experts selected pursuant to
section 5; and
(3) the capacity of the facilities at the Center to
convene, and promote collaboration among, experts and
individuals in that industry.
(e) Partnerships.--The Director may establish partnerships with
public or nonprofit entities to provide services for a Center
established under subsection (a).
SEC. 4. DUTIES OF CENTERS.
(a) In General.--The Director and the manager of each Center shall
jointly select a group of experts, consistent with the requirements in
section 5, to carry out the duties described in subsection (b).
(b) Duties of Experts.--The experts at each Center shall--
(1) identify and analyze existing and future cybersecurity
challenges faced by the industry selected pursuant to section
2(c)(1);
(2) create solutions to those cybersecurity challenges that
are cost-effective, repeatable, and scalable;
(3) collaborate, convene discussions, and share knowledge
with individuals in that industry to accomplish the work of the
Center; and
(4) create educational programs to promote best practices
in cybersecurity for such individuals.
(c) Requirements of Centers.--Each Center shall--
(1) work within the Cybersecurity Framework created
pursuant to section 7 of Executive Order 13636, entitled
``Improving Critical Infrastructure Cybersecurity'' (78 Fed.
Reg. 11739);
(2) collaborate with each of the other Centers to share
relevant information;
(3) encourage the development of relationships among
individuals in the industry selected pursuant to section
2(c)(1); and
(4) share the best practices and lessons learned from the
work of the Center with those individuals.
(d) Confidentiality.--The Director, in consultation with
individuals in the industry selected pursuant to section 2(c)(1), shall
establish procedures to ensure the confidentiality of the information
handled by the Centers. The Centers shall be exempt from the
requirements set forth in section 552(b) of title 5, United States Code
(commonly known as the Freedom of Information Act).
SEC. 5. REQUIREMENTS FOR EXPERTS.
(a) Number and Compensation.--The Director shall determine--
(1) the number of experts at each Center; and
(2) the compensation for each expert selected.
(b) Qualifications.--Experts shall have experience in government,
academia, or the particular industry that is the focus of the work of
the Center, and any other qualifications the Director may determine.
SEC. 6. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Director shall submit a report to Congress describing the cybersecurity
challenges, solutions, and best practices addressed by each Center.
SEC. 7. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means a Vertical Center of
Excellence on Cybersecurity established under section 2(a).
(2) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director for each of
fiscal years 2014 through 2019 $25,000,000 to carry out this Act.
Amounts appropriated pursuant to this section shall be subdivided into
5 equal amounts to be distributed to each Center. | Excellence in Cybersecurity Act - Requires the Director of the National Institute of Standards and Technology (NIST) to establish five Vertical Centers of Excellence on Cybersecurity to: (1) identify and analyze existing and future cybersecurity challenges faced by various industries, (2) create solutions and promote best practices to address such challenges, and (3) collaborate with individuals in those industries to share knowledge. Requires the Director to select for each Center: (1) a manager, (2) an appropriate location, and (3) a particular industry to be the focus of its work. Requires the Director and each manager to jointly select a group of experts to: (1) identify and analyze existing and future cybersecurity challenges faced by the industry selected for the Center; (2) create cost-effective, repeatable, and scalable solutions; (3) collaborate, convene discussions, and share knowledge with individuals in that industry; and (4) create educational programs to promote best practices for such individuals. Directs each Center to: (1) work within the Cybersecurity Framework created pursuant to Executive Order 13636, entitled "Improving Critical Infrastructure Cybersecurity"; (2) collaborate with each of the other Centers; (3) encourage relationships among individuals in the industry selected for the Center; and (4) share best practices and lessons learned from the work of the Center with those individuals. Requires the Director to submit to Congress a report describing the cybersecurity challenges, solutions, and best practices addressed by each Center. | {"src": "billsum_train", "title": "Excellence in Cybersecurity Act"} | 1,340 | 304 | 0.670773 | 2.41444 | 0.909635 | 5.34471 | 4.372014 | 0.948805 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Financial System
Protection Act of 2016''.
SEC. 2. FINDINGS, SENSE OF CONGRESS, AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) On November 8, 2011, the Department of the Treasury
identified the Islamic Republic of Iran as a jurisdiction of
primary money laundering concern pursuant to section 5318A of
title 31, United States Code, including Iran's Central Bank,
private Iranian banks, branches, and subsidiaries of Iranian
banks operating outside of Iran as posing illicit finance risks
for the global financial system.
(2) On November 6, 2008, the Department of the Treasury
announced that it was revoking the ``U-turn'' license for Iran,
stating that ``as a member of the Financial Action Task Force
(FATF), the United States today fulfilled its obligation to
strengthen measures to protect the financial sector from the
risks posed to the international financial system by Iran''.
(3) On February 19, 2016, the Financial Action Task Force
(FATF), the global standard setting body for anti-money
laundering and combating the financing of terrorism which has
determined that Iran is a ``non-cooperating country or
territory'' in the fight against money laundering and terror
financing since 2008, stated that, ``the FATF remains
particularly and exceptionally concerned about Iran's failure
to address the risk of terrorist financing and the serious
threat this poses to the integrity of the international
financial system''.
(4) United States and foreign businesses operating or
seeking to operate in Iran run significant risks, as corruption
in Iran is endemic, with Transparency International ranking
Iran 130 out of 168 countries.
(b) Sense of Congress.--It is the sense of Congress that the entire
financial sector of Iran, including Iran's Central Bank, private
Iranian banks and branches, and subsidiaries of Iranian banks operating
outside of Iran, poses illicit finance risks for the global financial
system due to its proliferation, support for terrorism, and other
illicit conduct.
(c) Statement of Policy.--It shall be the policy of the United
States to--
(1) deny Iran access to funds denominated in United States
dollars, including through any offshore United States dollar
clearing system for transactions involving the Government of
Iran or an Iranian person; and
(2) deny Iran access to United States dollars through any
offshore United States dollar clearing system conducted or
overseen by a foreign government or a foreign financial
institution for transactions involving the Government of Iran
or an Iranian person.
SEC. 3. CODIFICATION OF REGULATIONS RELATING TO TRANSFERS OF FUNDS
INVOLVING IRAN; CLARIFICATION OF APPLICATION OF
REGULATIONS TO FOREIGN DEPOSITORY INSTITUTIONS AND
FOREIGN REGISTERED BROKERS AND DEALERS.
(a) Codification of Regulations.--Section 560.516 of title 31, Code
of Federal Regulations, as in effect on January 1, 2016, shall apply
with respect to transfers of funds to or from Iran, or for the direct
or indirect benefit of an Iranian person or the Government of Iran, for
the period beginning on or after January 1, 2016, and ending on the
date on which the President makes the certification to the appropriate
congressional committees under section 401(a) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8551(a)).
(b) Clarification of Application of Regulations to Foreign
Financial Institutions and Foreign Registered Brokers and Dealers.--
(1) Foreign financial institutions.--Subsection (a) of
section 560.516 of title 31, Code of Federal Regulations, as in
effect on January 1, 2016, shall apply with respect to foreign
financial institutions to the same extent and in the same
manner as such subsection applies with respect to United States
depository institutions if the funds that are to be transferred
as described in such subsection are funds that are denominated
in United States dollars.
(2) Foreign registered brokers and dealers.--Subsection (b)
of section 560.516 of title 31, Code of Federal Regulations, as
in effect on January 1, 2016, shall apply with respect to
foreign registered brokers or dealers in securities to the same
extent and in the same manner as such subsection applies with
respect to United States registered brokers or dealers in
securities if the funds that are to be transferred as described
in such subsection are funds that are denominated in United
States dollars.
(3) Suspension.--The President may suspend the application
of paragraph (1) with respect to a foreign financial
institution or the application of paragraph (2) with respect to
a foreign registered broker or dealer in securities for a
period not to exceed 60 days, and the President may renew the
suspension of the application of paragraph (1) or paragraph
(2), respectively, for additional periods of not more than 60
days, on and after the date on which the President certifies to
the appropriate congressional committees that during the
preceding 60-day period the Government of Iran is in compliance
with the criteria described in section 401(a)(1) of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (22 U.S.C. 8551(a)(1)).
(c) Licensing Restrictions.--
(1) In general.--Except as provided in paragraph (2), the
President may not issue any license under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or
provide other guidance, including executive actions, rules,
regulations, frequently asked questions, written
communications, or any other commitments, that permits--
(A) a United States depository institution or
United States registered broker or dealer in
securities--
(i) to conduct an offshore United States
dollar clearing system for transactions
involving or for the benefit of the Government
of Iran or an Iranian person, including to
process transfers of funds to or from Iran
under section 560.516 of title 31, Code of
Federal Regulations, as in effect on January 1,
2016; or
(ii) to provide United States dollars for
any offshore United States dollar clearing
system conducted or overseen by a foreign
government or a foreign financial institution
for transactions involving or for the benefit
of the Government of Iran or an Iranian person,
including to process transfers of funds to or
from Iran under section 560.516 of title 31,
Code of Federal Regulations, as in effect on
January 1, 2016; or
(B) a foreign financial institution or foreign
registered broker or dealer in securities--
(i) to conduct an offshore United States
dollar clearing system for transactions
involving or for the benefit of the Government
of Iran or an Iranian person, including to
process transfers of funds to or from Iran
under section 560.516 of title 31, Code of
Federal Regulations, as in effect on January 1,
2016, and as applied under subsection (b); or
(ii) to provide United States dollars for
any offshore United States dollar clearing
system conducted or overseen by a foreign
government or a foreign financial institution
for transactions involving or for the benefit
of the Government of Iran or an Iranian person,
including to process transfers of funds to or
from Iran under section 560.516 of title 31,
Code of Federal Regulations, as in effect on
January 1, 2016, and as applied under
subsection (b).
(2) Exception for humanitarian purposes.--The President
may, on a case-by-case basis, issue a license described in
paragraph (1) to authorize the activities described in clause
(i) or (ii) of paragraph (1)(A) or the activities described in
clause (i) or (ii) of paragraph (1)(B) if--
(A) such activities relate solely to--
(i) the provision of agricultural
commodities, food, medicine, or medical devices
to Iran; or
(ii) the provision of humanitarian
assistance to the people of Iran; and
(B) the President submits to the appropriate
congressional committees a copy of the license.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given such term in
section 1010.605 of title 31, Code of Federal Regulations, as
in effect on January 1, 2016.
(3) Iran.--The term ``Iran'' has the meaning given the term
in section 561.329 of title 31, Code of Federal Regulations, as
in effect on January 1, 2016.
(4) Iranian person.--The term ``Iranian person'' means a
person or entity (as such terms are defined in section 560.305
of title 31, Code of Federal Regulations, as in effect on
January 1, 2016) that--
(A) is organized under the laws of Iran or any
jurisdiction within Iran (including foreign branches);
or
(B) is a person in Iran.
(5) Transfer of funds.--The term ``transfer of funds''--
(A) has the meaning given the term ``funds
transfer'' in section 1010.100 of title 31, Code of
Federal Regulations, as in effect on January 1, 2016;
and
(B) includes a transfer of funds or other property
for the benefit of an Iranian financial institution
that is made between accounts of the same financial
institution even if that Iranian financial institution
is not the direct recipient of the transfer.
(6) United states depository institution.--The term
``United States depository institution'' has the meaning given
such term in section 560.319 of title 31, Code of Federal
Regulations, as in effect on January 1, 2016.
(7) United states registered broker or dealer in
securities.--The term ``United States registered broker or
dealers in securities'' has the meaning given such term in
section 560.321 of title 31, Code of Federal Regulations, as in
effect on January 1, 2016.
SEC. 4. CERTIFICATION REQUIREMENT FOR REMOVAL OF DESIGNATION OF IRAN AS
A JURISDICTION OF PRIMARY MONEY LAUNDERING CONCERN.
(a) In General.--The President may not rescind a preliminary draft
rule or final rule (as in effect on the day before the date of the
enactment of this Act) that provides for the designation of Iran as a
jurisdiction of primary money laundering concern pursuant to section
5318A of title 31, United States Code, unless the President submits to
the appropriate congressional committees a certification described in
subsection (b) with respect to Iran.
(b) Certification.--The President may rescind a preliminary draft
rule or final rule described in subsection (a) if the President submits
to the appropriate congressional committees a certification that the
Government of Iran is no longer engaged in support for terrorism,
pursuit of weapons of mass destruction, and any illicit and deceptive
financial activities.
(c) Form.--The certification described in subsection (b) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate.
Passed the House of Representatives July 14, 2016.
Attest:
KAREN L. HAAS,
Clerk. | . United States Financial System Protection Act of 2016 (Sec. 3) This bill applies to transfers of funds to or from Iran, or for the direct or indirect benefit of an Iranian person or the government of Iran, for a specified period only, the existing authorization for U.S. depository institutions and registered brokers or dealers in securities to process such a funds transfer if the transfer arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction that has been authorized by a specific or general license and does not involve debiting or crediting an Iranian account. The period of application shall be from on or after January 1, 2016, until the President certifies to the appropriate congressional committees that the government of Iran has ceased: supporting acts of international terrorism; and developing nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology (and has dismantled existing ones). The requirements of this bill shall also apply to foreign financial institutions and registered brokers or dealers in securities if the funds to be transferred are denominated in U.S. dollars. The President may not, except for certain humanitarian purposes, issue any license under the International Emergency Economic Powers Act or take other action that permits a domestic or foreign depository institution or registered broker or dealer in securities to conduct an offshore U.S. dollar clearing system, or supply U.S. dollars for any such system conducted or overseen by a foreign government or financial institution, for transactions (including funds transfers) involving or for the benefit of the government of Iran or an Iranian person. (Sec. 4) The President may not rescind a preliminary draft rule or final rule authorizing designation of Iran as a jurisdiction of primary money laundering concern without first certifying to Congress that the government of Iran is no longer engaged in support for terrorism, pursuit of weapons of mass destruction, and any illicit and deceptive financial activities. | {"src": "billsum_train", "title": "United States Financial System Protection Act of 2016"} | 2,522 | 414 | 0.549397 | 1.789186 | 0.631757 | 4.196676 | 6.542936 | 0.833795 |
SECTION 1. MAINTENANCE OF CERTAIN PROTECTED HEALTH INFORMATION.
Section 552a of title 5, United States Code, is amended by adding
at the end the following:
``(w) Maintenance of Certain Health Information Upon Cessation of
Certain Businesses.--
``(1) In general.--Not later than 2 years after the date of
the enactment of this section, a State shall establish a
process under which the protected health information described
in paragraph (2) that is maintained by a person described in
paragraph (3) is delivered to, and maintained by, the State or
an individual or entity designated by the State.
``(2) Information described.--The protected health
information referred to in paragraph (1) is protected health
information that--
``(A) is recorded in any form or medium;
``(B) is created by--
``(i) a health care provider; or
``(ii) a health benefit plan sponsor that
provides benefits in the form of items and
services to enrollees and not in the form of
reimbursement for items and services; and
``(C) relates in any way to the past, present, or
future physical or mental health or condition or
functional status of a protected individual or the
provision of health care to a protected individual.
``(3) Persons described.--A person referred to in paragraph
(1) is any of the following:
``(A) A health care facility previously located in
the State that has closed.
``(B) A professional practice previously operated
by a health care provider in the State that has closed.
``(C) A health benefit plan sponsor that--
``(i) previously provided benefits in the
form of items and services to enrollees in the
State; and
``(ii) has ceased to do business.
``(4) Ineligibility of noncomplying states for contractor
status for purposes of federal civilian procurement.--A State
that fails to comply with paragraph (1) may not be considered
to be a responsible source (as such term is defined in section
4 of the Office of Federal Procurement Policy Act) for purposes
of any contract to which the Federal Property and
Administrative Services Act of 1949 applies. For purposes of
the preceding sentence, the Secretary of Health and Human
Services shall make timely recommendations to each executive
agency (as such term is defined in section 3 of the Federal
Property and Administrative Services Act of 1949) concerning
whether States are complying with paragraph (1).
``(5) Definitions.--For purposes of this subsection:
``(A) Health benefit plan.--The term `health
benefit plan' means--
``(i) any contract of health insurance,
including any hospital or medical service
policy or certificate, hospital or medical
service plan contract, or health maintenance
organization group contract, that is provided
by a carrier; and
``(ii) an employee welfare benefit plan or
other arrangement insofar as the plan or
arrangement provides health benefits and is
funded in a manner other than through the
purchase of one or more policies or contracts
described in clause (i).
``(B) Health benefit plan sponsor.--The term
`health benefit plan sponsor' means a person who, with
respect to a specific item of protected health
information, receives or creates the information while
acting in whole or in part in the capacity of--
``(i) an insurance carrier or other person
providing a health benefit plan, including any
public entity that provides payments for health
care items and services under a health benefit
plan that are equivalent to payments provided
by a private person under such a plan; or
``(ii) an officer or employee of a person
described in clause (i).
``(C) Health care.--The term `health care'--
``(i) means--
``(I) any preventive, diagnostic,
therapeutic, rehabilitative,
maintenance, or palliative care,
counseling, service, or procedure--
``(aa) with respect to the
physical or mental condition,
or functional status, of an
individual; or
``(bb) affecting the
structure or function of the
human body or any part of the
human body, including banking
of blood, sperm, organs, or any
other tissue; or
``(cc) any sale or
dispensing of a drug, device,
equipment, or other item to an
individual, or for the use of
an individual, pursuant to a
prescription; but
``(ii) does not include any item or service
that is not furnished for the purpose of
maintaining or improving the health of an
individual.
``(D) Health care provider.--The term `health care
provider' means a person who, with respect to a
specific item of protected health information, receives
or creates the information while acting in whole or in
part in the capacity of--
``(i) a person who is licensed, certified,
registered, or otherwise authorized by law to
provide an item or service that constitutes
health care in the ordinary course of business
or practice of a profession;
``(ii) a Federal or State program that
directly provides items or services that
constitute health care to beneficiaries; or
``(iii) an officer or employee of a person
described in clause (i) or (ii).
``(E) Health oversight agency.--The term `health
oversight agency' means a person who, with respect to a
specific item of protected health information, receives
or creates the information while acting in whole or in
part in the capacity of--
``(i) a person who performs or oversees the
performance of an assessment, evaluation,
determination, or investigation relating to the
licensing, accreditation, or certification of
health care providers;
``(ii) a person who--
``(I) performs or oversees the
performance of an audit, assessment,
evaluation, determination, or
investigation relating to the
effectiveness of, compliance with, or
applicability of, legal, fiscal,
medical, or scientific standards or
aspects of performance related to the
delivery of, or payment for, health
care; and
``(II) is a public agency, acting
on behalf of a public agency, acting
pursuant to a requirement of a public
agency, or carrying out activities
under a State or Federal statute
regulating the assessment, evaluation,
determination, or investigation; or
``(III) an officer or employee of a
person described in subclause (I) or
(II).
``(F) Health researcher.--The term `health
researcher' means a person who, with respect to a
specific item of protected health information, receives
or creates the information while acting in whole or in
part in the capacity of--
``(i) a person conducting a biomedical,
epidemiological, or health services research or
statistics project, or a research project on
behavioral and social factors affecting health;
or
``(ii) an officer or employee of a person
described in clause (i).
``(G) Person.--The term `person' includes an
authority of the United States, a State, or a political
subdivision of a State.
``(H) Protected health information.--The term
`protected health information' means any information,
whether oral or recorded in any form or medium--
``(i) that is created or received in a
State by--
``(I) a health care provider;
``(II) a health benefit plan
sponsor;
``(III) a health oversight agency;
or
``(IV) a public health authority;
``(ii) that relates in any way to the past,
present, or future physical or mental health or
condition or functional status of a protected
individual, the provision of health care to a
protected individual, or payment for the
provision of health care to a protected
individual; and
``(iii) that--
``(I) identifies the individual; or
``(II) with respect to which there
is a reasonable basis to believe that
the information can be used to identify
the individual.
``(I) Protected individual.--The term `protected
individual' means an individual who, with respect to a
date--
``(i) is living on the date; or
``(ii) has died within the 2-year period
ending on the date.
``(J) Public health authority.--The term `public
health authority' means a person who, with respect to a
specific item of protected health information, receives
or creates the information while acting in whole or in
part in the capacity of--
``(i) an authority of the United States, a
State, or a political subdivision of a State
that is responsible for public health matters;
``(ii) a person acting under the direction
of such an authority; or
``(iii) an officer or employee of a person
described in clause (i) or (ii).
``(K) State.--The term ``State'' includes the
District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Northern Mariana
Islands.''. | Amends Federal law to require States to establish a process under which certain health information maintained by: (1) a closed health care facility previously located in the State; (2) a closed professional practice previously operated by a health care provider; and (3) a health benefit plan sponsor that previously provided benefits in the form of items and services to enrollees in the State and has ceased to do business, is delivered to and maintained by the State or an individual or entity designated by the State.
Makes noncomplying States ineligible for purposes of any contract to which the Federal Property and Administrative Services Act of 1949 applies. | {"src": "billsum_train", "title": "To amend section 552a of title 5, United States Code, to provide for the maintenance of certain health information in cases where a health care facility has closed or a health benefit plan sponsor has ceased to do business."} | 2,031 | 132 | 0.652527 | 1.710596 | 0.670759 | 4.578512 | 16.22314 | 0.958678 |
SECTION 1. HATE CRIME PREVENTION.
(a) Grant Authorization.--The Secretary of Education may make
grants to local educational agencies and community-based organizations
for the purpose of providing assistance to localities most directly
affected by hate crimes.
(b) Use of Funds.--
(1) Program development.--Grants under this section may be
used to improve elementary and secondary educational efforts,
including--
(A) development of education and training programs
designed to prevent and to reduce the incidence of
crimes and conflicts motivated by hate;
(B) development of curricula for the purpose of
improving conflict or dispute resolution skills of
students, teachers, and administrators;
(C) development and acquisition of equipment and
instructional materials to meet the needs of, or
otherwise be part of, hate crime or conflict programs;
and
(D) professional training and development for
teachers and administrators on the causes, effects, and
resolutions of hate crimes or hate-based conflicts.
(2) In general.--In order to be eligible to receive a grant
under this section for any fiscal year, a local educational
agency or a local educational agency in conjunction with a
community-based organization shall submit an application to the
Secretary in such form and containing such information as the
office may reasonably require.
(3) Requirements.--Each application under subsection (a)
shall include--
(A) a request for funds for the purposes described
in this section;
(B) a description of the schools and communities to
be served by the grants; and
(C) assurances that Federal funds received under
this section shall be used to supplement, not supplant,
non-Federal funds.
(4) Comprehensive plan.--Each application shall include a
comprehensive plan that contains--
(A) a description of the hate crime or conflict
problems within the schools or the community targeted
for assistance;
(B) a description of the program to be developed or
augmented by these Federal and matching funds;
(C) assurances that such program or activity shall
be administered by or under the supervision of the
applicant;
(D) proper and efficient administration of such
program; and
(E) fiscal control and fund accounting procedures
as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received
under this section.
(c) Allocation of Funds.--From the funds authorized under this Act.
The Secretary of Education may carry out programs under this section.
(d) Award of Grants.--
(1) Selection of recipients.--The Secretary shall consider
the incidence of crimes and conflicts motivated by bias in the
targeted schools and communities in awarding grants under this
section.
(2) Geographic distribution.--The Secretary shall attempt,
to the extent practicable, to achieve an equitable geographic
distribution of grant awards.
(3) Dissemination of information.--The Secretary shall
attempt, to the extent practicable, to make available
information regarding successful hate crime prevention
programs, including programs established or expanded with
grants under this section.
(e) Reports.--The Secretary shall submit to the Congress a report
every 2 years which shall contain a detailed statement regarding grants
and awards, activities of grant recipients and an evaluation of
programs established under this section.
(f) Definitions.--For the purposes of this section--
(1) the term `hate crime' means a crime as defined by the
Hate Crime Statistics Act of 1990;
(2) the term `local educational agency' means a public
board of education or other public authority legally
constituted within a State for either administrative control or
direction of, or to perform a service function for, public
elementary and secondary schools in a city, county, township,
school district, or other political subdivision of a State, or
such combination of school districts or counties as are
recognized in a State as an administrative agency for its
public elementary and secondary schools and includes any other
public institution or agency having administrative control and
direction of a public elementary or secondary school; and
(3) the term `community-based organization' means a private
nonprofit organization which is representative of a community
or significant segments of a community and which provides
educational or related services to individuals in the
community. | Authorizes the Secretary of Education to make grants to local educational agencies and community-based organizations for elementary and secondary educational efforts in localities most directly affected by hate crimes.
Includes under authorized uses of such grants: (1) education and training to prevent and reduce incidence of hate crimes and conflicts; (2) curricula to improve conflict or dispute resolution skills of students, teachers, and administrators; (3) related equipment and instructional materials; and (4) related professional training and development. | {"src": "billsum_train", "title": "To make grants to local educational agencies and community-based organizations to provide assistance to localities most directly affected by hate crimes."} | 884 | 95 | 0.673433 | 1.679718 | 1.386234 | 3.907216 | 8.876289 | 0.958763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lebanese Adjustment Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF LEBANON.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Attorney General to
that of an alien lawfully admitted for permanent residence, if
the alien--
(A) applies for such adjustment not later than the
date that is 18 months after the date of the enactment
of this Act; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition of submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If
the Attorney General renders a final administrative decision to
deny the application, the order shall be effective and
enforceable to the same extent as if the application had not
been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a)
shall apply to any alien who--
(A) was granted temporary protected status in the
United States by the Attorney General pursuant to the
designation of Lebanon under section 244A(b) of the
Immigration and Nationality Act (as in effect on the
date of the designation) on March 21, 1991, or any
extension of the designation;
(B) prior to December 9, 1993, was permitted by the
Attorney General voluntarily to depart the United
States, in lieu of being subject to deportation
proceedings or prior to the completion of such
proceedings; and
(C) has been physically present in the United
States for a continuous period, beginning not later
than March 28, 1993, and ending not earlier than the
date the application for adjustment under such
subsection is filed, except an alien shall not be
considered to have failed to maintain continuous
physical presence by reason of an absence, or absences,
from the United States for any periods in the aggregate
not exceeding 180 days.
(2) Proof of commencement of continuous presence.--For
purposes of establishing that the period of continuous physical
presence referred to in paragraph (1)(C) commenced not later
than March 28, 1993, an alien--
(A) shall demonstrate that the alien, prior to
March 28, 1993--
(i) performed service, or engaged in a
trade or business, within the United States
which is evidenced by records maintained by the
Commissioner of Social Security; or
(ii) applied for any benefit under the
Immigration and Nationality Act by means of an
application establishing the alien's presence
in the United States prior to March 28, 1993;
or
(B) shall make such other demonstration of physical
presence as the Attorney General may provide for by
regulation.
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal to seek a stay of such order based on the filing of
an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--The status of an alien shall be adjusted
by the Attorney General to that of an alien lawfully admitted
for permanent residence, if the alien--
(A) is the spouse, child, or unmarried son or
daughter, of an alien whose status is adjusted to that
of an alien lawfully admitted for permanent residence
under subsection (a), except that in the case of such
an unmarried son or daughter, the son or daughter shall
be required to establish that they have been physically
present in the United States for a continuous period,
beginning not later than March 28, 1993, and ending not
earlier than the date the application for adjustment
under this subsection is filed;
(B) applies for such adjustment not later than the
date that is 18 months after the date of the enactment
of this Act and is physically present in the United
States on the date the application is filed; and
(C) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for exclusion specified in
paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(A), an alien--
(A) shall demonstrate that such period commenced
not later than March 28, 1993, in a manner consistent
with subsection (b)(2); and
(B) shall not be considered to have failed to
maintain continuous physical presence by reason of an
absence, or absences, from the United States for any
period in the aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible. | Lebanese Adjustment Act - Provides for the adjustment of status to permanent resident for certain Lebanese nationals (and their spouses and children) granted temporary protected status in the United States. | {"src": "billsum_train", "title": "Lebanese Adjustment Act"} | 1,655 | 47 | 0.526786 | 1.320739 | 0.707231 | 2.333333 | 48.606061 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capitol Police Retention,
Recruitment, and Authorization Act of 2002''.
SEC. 2. INCREASE IN ANNUAL RATE OF BASIC COMPENSATION.
For fiscal year 2003 and each of the 4 succeeding fiscal years, the
Capitol Police Board shall increase the annual rate of basic
compensation applicable for officers and members of the Capitol Police
for pay periods occurring during such a year by 5 percent, except that
in the case of officers above the rank of captain the increase shall be
made at a rate determined by the Board at its discretion (but not to
exceed 5 percent).
SEC. 3. INCREASE IN RATES APPLICABLE TO NEWLY-APPOINTED MEMBERS AND
EMPLOYEES.
The Capitol Police Board may compensate newly-appointed officers,
members, and civilian employees of the Capitol Police at an annual rate
of basic compensation in excess of the lowest rate of compensation
otherwise applicable to the position to which the employee is
appointed, except that in no case may such a rate be greater than the
maximum annual rate of basic compensation otherwise applicable to the
position.
SEC. 4. ADDITIONAL COMPENSATION FOR SPECIALTY ASSIGNMENTS.
(a) In General.--Section 909(e) of the Emergency Supplemental Act,
2002 (40 U.S.C. 207b-2(e)), is amended--
(1) in the heading, by inserting ``and Officers Holding
Other Specialty Assignments'' after ``Officers'';
(2) in paragraph (1), by inserting ``or who is assigned to
another specialty assignment designated by the chief of the
Capitol Police'' after ``field training officer''; and
(3) in paragraph (2), by striking ``officer,'' and
inserting ``officer or to be assigned to a designated specialty
assignment,''.
(b) Removal of Cap on Amount.--Section 909(e)(1) of such Act (40
U.S.C. 207b-2(e)(1)) is amended by striking ``(but not to exceed $2,000
per annum)''.
SEC. 5. APPLICATION OF PREMIUM PAY LIMITS ON ANNUALIZED BASIS.
(a) In General.--Any limits on the amount of premium pay which may
be earned by officers and members of the Capitol Police during
emergencies (as determined by the Capitol Police Board) shall be
applied by the Capitol Police Board on an annual basis and not on a pay
period basis.
(b) Effective Date.--Subsection (a) shall apply with respect to
hours of duty occurring on or after September 11, 2001.
SEC. 6. THRESHOLD FOR ELIGIBILITY FOR ADDITIONAL ANNUAL LEAVE.
The Capitol Police Board shall provide that an officer or member of
the Capitol Police who completes 3 years of employment with the Capitol
Police (taking into account any period occurring before, on, or after
the date of the enactment of this Act) shall receive 8 hours of annual
leave per pay period.
SEC. 7. ANNUITIES AND PAY OF REEMPLOYED ANNUITANTS SERVING WITH THE
CAPITOL POLICE.
(a) In General.--Subject to subsection (b), the provisions of
sections 8344 and 8468 of title 5, United States Code, shall not apply
to any reemployed annuitant performing service as an officer or member
of the Capitol Police, and no reemployed annuitant exempted from such
provisions by this section shall become subject to any other provision
of subchapter III of chapter 83 or of chapter 84 of such title by
virtue of any such service.
(b) Limitations.--This section shall not apply--
(1) to any individual who--
(A) is receiving an annuity under subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code, based on a separation from service occurring on
or after January 1, 2002;
(B) was subject to the provisions of section 8344
or 8468 of such title, at any time before the date of
the enactment of this Act in calendar year 2002, while
serving as an officer or member of the Capitol Police;
or
(C) would be 57 years of age or older as of the
date of commencing service with the Capitol Police as a
reemployed annuitant; or
(2) with respect to any service unless performed during the
period beginning on the date of the enactment of this Act and
ending on September 30, 2004.
SEC. 8. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION COSTS.
(a) Tuition Reimbursement.--The Capitol Police Board shall
establish a tuition reimbursement program for officers and members of
the Capitol Police who are enrolled in or accepted for enrollment in a
degree, certificate, or other program leading to a recognized
educational credential at an institution of higher education in a
course of study relating to law enforcement.
(b) Bonus Payments for Completion of Degree.--The Capitol Police
Board may make a one-time bonus payment to any officer or member who
participates in the program established under subsection (a) upon
the officer's or member's completion of the course of study involved.
SEC. 9. BONUS PAYMENTS FOR OFFICERS AND EMPLOYEES WHO RECRUIT NEW
OFFICERS.
The Capitol Police Board may make a one-time bonus payment to any
officer, member, or civilian employee of the Capitol Police who
recruits another individual to serve as an officer or member of the
Capitol Police.
SEC. 10. DEPOSIT OF CERTAIN FUNDS RELATING TO THE CAPITOL POLICE.
(a) In General.--
(1) Disposal of property.--Any funds from the proceeds of
the disposal of property of the Capitol Police shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board'', or ``security enhancements'' under
the heading ``Capitol Police Board''.
(2) Compensation.--Any funds for compensation for damage
to, or loss of, property of the Capitol Police, including any
insurance payment or payment made by an officer or civilian
employee of the Capitol Police for such compensation, shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board''.
(3) Reimbursement for services provided to governments.--
Any funds from reimbursement made by another entity of the
Federal government or by any State or local government for
assistance provided by the Capitol Police shall be deposited in
the United States Treasury for credit to the appropriation for
``general expenses'' under the heading ``Capitol Police
Board''.
(b) Expenditures.--Funds deposited under subsection (a) may be
expended by the Capitol Police Board for any authorized purpose and
shall remain available until expended.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2003 and each succeeding fiscal year.
SEC. 11. PERMITTING CAPITOL POLICE BOARD TO LEASE FACILITIES AND
PROPERTY FOR USE OF CAPITOL POLICE.
(a) In General.--The Capitol Police Board may at any time after the
date of the enactment of this Act enter into agreements to lease
facilities and property for the use of the United States Capitol
Police, subject to the approval of the Committee on House
Administration of the House of Representatives and the Committee on
Rules and Administration of the Senate.
(b) Acquisition of Interim Training Facility.--
(1) In general.--Pursuant to the authority provided under
subsection (a), the Capitol Police Board may take such steps as
it considers appropriate to secure the use of an interim
facility for training for the Capitol Police pending the
completion of the permanent law enforcement training facility
in Cheltenham, Maryland.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(c) Assistance of Architect of the Capitol.--At the request of the
Capitol Police Board, the Architect of the Capitol shall provide such
assistance to the Capitol Police Board in entering into lease
agreements pursuant to this section (a) as the Board may require,
including assistance in negotiating the terms of such agreements.
SEC. 12. INCREASE IN NUMBER OF AUTHORIZED POSITIONS.
Effective with respect to fiscal year 2002 and each fiscal year
thereafter, the total number of full-time equivalent positions of the
United States Capitol Police (including positions for members of the
Capitol Police and civilian employees) may not exceed 1,981 positions.
SEC. 13. TEMPORARY INCREASE IN MANDATORY RETIREMENT AGE.
During fiscal years 2003 and 2004, sections 8335(c) and 8425(c) of
title 5, United States Code, shall apply as if the reference to ``57
years of age'' in each such section were a reference to ``59 years of
age''.
SEC. 14. DISPOSAL OF FIREARMS.
The disposal of firearms by officers and members of the United
States Capitol Police shall be carried out in accordance with
regulations promulgated by the Capitol Police Board and approved by the
Committee on Rules and Administration of the Senate and the Committee
on House Administration of the House of Representatives.
SEC. 15. USE OF VEHICLES TO TRANSPORT POLICE DOGS.
Notwithstanding any other provision of law, an officer of the
United States Capitol Police who works with a police dog and who is
responsible for the care of the dog during non-working hours may use an
official Capitol Police vehicle when the officer is accompanied by the
dog to travel between the officer's residence and duty station and to
otherwise carry out official duties.
SEC. 16. SENSE OF CONGRESS ON MANAGEMENT OF CAPITOL POLICE.
It is the sense of Congress that, to the greatest extent possible
consistent with the mission of the Capitol Police, the chief of the
Capitol Police should seek to deploy the human and other resources of
the Police in a manner maximizing opportunities for individual officers
to be trained for, and to acquire and maintain proficiency in, all
aspects of the Police's responsibilities, and to rotate regularly among
different posts and duties, in order to utilize fully the skills and
talents of officers, enhance the appeal of their work, and ensure the
highest state of readiness.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2003 and
each succeeding fiscal year such sums as may be necessary to carry out
this Act and the amendments made by this Act.
SEC. 18. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to pay periods occurring during
fiscal year 2003 and each succeeding fiscal year. | Capitol Police Retention, Recruitment, and Authorization Act of 2002 - Requires the Capitol Police Board to increase by five percent the annual rate of basic compensation for officers and members of the Capitol Police, except that for officers above the rank of captain the increase shall be made at a rate determined by the Board at its discretion (but not to exceed five percent).Authorizes the Board to compensate newly appointed officers, members, and employees at an annual rate exceeding the lowest rate of compensation otherwise applicable.Amends the Emergency Supplemental Act, 2002 to provide additional compensation for each Capitol Police officer assigned to another specialty assignment designated by the Chief of the Capitol Police. Removes the annual cap on such amount.Requires: (1) limits on the amount of premium pay which may be earned by officers and members during emergencies to be applied by the Board on an annual and not pay period basis; and (2) the Board to provide that if an officer or member completes three years of employment he or she shall receive eight hours of annual leave per pay period.Provides, with limitations, that: (1) neither the Federal Civil Service Retirement System nor the Federal Employees Retirement System shall apply to any reemployed annuitant performing service as an officer or member; and (2) such annuitant shall be exempted from the Systems by this Act shall not become subject to them.Requires the Board to establish a tuition reimbursement program to assist officers and members in higher education costs relating to law-enforcement. Authorizes the Board to: (1) pay a one-time bonus to each participant upon completion of the course of study involved and to each officer, member, or civilian employee who recruits a new officer or member; and (2) lease facilities and property for Police use.Limits the total number of full-time equivalent positions (including members and civilian employees) to 1,981.Increases, temporarily, the mandatory retirement age for a member from 57 to 59.Provides for a member's and/or officer's disposal of firearms and use of Capitol Police vehicles to transport police dogs.Expresses the sense of Congress that, to the greatest extent possible consistent with the mission of the Capitol Police, the Chief should seek to deploy the Police's human and other resources in a manner maximizing opportunities for individual officers: (1) to be trained for, and to acquire and maintain proficiency in, all aspects of the Police's responsibilities; and (2) to rotate regularly among different posts and duties, in order to utilize fully the skills and talents of officers, enhance the appeal of their work, and ensure the highest state of readiness. | {"src": "billsum_train", "title": "To direct the Capitol Police Board to take steps to promote the retention of current officers and members of the Capitol Police and the recruitment of new officers and members of the Capitol Police, and for other purposes."} | 2,450 | 560 | 0.662471 | 2.072075 | 0.708298 | 5.176 | 4.232 | 0.932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ice Age Floods National Geologic
Trail Designation Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) At the end of the last Ice Age, some 12,000 to 17,000
years ago, a series of cataclysmic floods occurred in what is
now the northwest region of the United States, leaving a
lasting mark of dramatic and distinguishing features on the
landscape of parts of Montana, Idaho, Washington and Oregon.
(2) Geological features that have exceptional value and
quality to illustrate and interpret this extraordinary natural
phenomenon are present on many Federal, State, tribal, county,
municipal, and non-governmental lands in the region.
(3) In 2001, a joint study team headed by the National Park
Service that included about 70 members from public and private
entities completed a study endorsing the establishment of an
Ice Age Floods National Geologic Trail to recognize the
national significance of this phenomenon and to coordinate
public and private sector entities in the presentation of the
story of the Ice Age Floods.
(b) Purpose.--The purpose of this Act is to designate the Ice Age
Floods National Geologic Trail in the States of Montana, Idaho,
Washington, and Oregon, enabling the public to view, experience, and
learn about the Ice Age Floods' features and story through the
collaborative efforts of public and private entities.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Trail.--The term ``Trail'' means the Ice Age Floods
National Geologic Trail designated in section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Floods.--The term ``Ice Age Floods'' or ``floods''
means the cataclysmic floods that occurred in what is now the
northwestern United States during the last Ice Age primarily
from massive, rapid and recurring drainage of Glacial Lake
Missoula.
SEC. 4. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.
(a) Designation.--In order to provide for public appreciation,
understanding, and enjoyment of the nationally significant natural and
cultural features of the Ice Age Floods, and to promote collaborative
efforts for interpretation and education among public and private
entities located along the pathways of the floods, there is designated
the Ice Age Floods National Geologic Trail.
(b) Location.--The route of the Trail shall generally follow public
roads and highways from the vicinity of Missoula in western Montana,
across northern Idaho, through eastern and southern sections of
Washington, and across northern Oregon in the vicinity of the
Willamette Valley and the Columbia River to the Pacific Ocean as
generally depicted on the map entitled ``Ice Age Floods National
Geologic Trail,'' numbered_______, and dated______.
(c) Maps.--
(1) Revisions.--The Secretary may revise the map by
publication in the Federal Register of a notice of availability
of a new map as part of the Cooperative Management and
Interpretation Plan for the Trail required under section 5(f).
(2) Availability.--Any map referred to in paragraph (1)
shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall administer the Trail in accordance with
this Act.
(b) Trail Management Office.--In order for the National Park
Service to manage the Trail and coordinate Trail activities with other
public agencies and private entities, the Secretary may establish and
operate a Trail management office within the vicinity of the Trail.
(c) Interagency Technical Committee.--The Secretary shall establish
an interagency technical committee to advise the trail management
office in technical planning for the development of the Cooperative
Management and Interpretation Plan. The interagency technical
committee--
(1) shall include representation from the local, State,
tribal, and Federal governments with interests in the floods
and representation from the Ice Age Floods Institute; and
(2) may include private property owners, business owners,
and nonprofit organizations.
(d) Trail Advisory Committee.--The Secretary shall establish and
maintain a trail advisory committee comprised of individuals appointed
by public land management agencies, local, State, and tribal
governments, private citizens, and interested nonprofit organizations,
including the Ice Age Floods Institute. The trail advisory committee
shall assist the Trail manager and staff with the operation of the
Trail.
(e) Management Plan.--Not later than 3 years after funds are made
available for this purpose, the Secretary shall prepare a Cooperative
Management and Interpretation Plan for the Trail in consultation with
State, local, and tribal governments, the Ice Age Floods Institute,
private property owners, and other interested parties. The Cooperative
Management and Interpretation Plan shall--
(1) describe strategies for the coordinated development of
the Trail, including an interpretive plan for facilities,
waysides, roadside pullouts, exhibits, media, and programs that
would present the floods' story to the public effectively;
(2) identify potential partnering opportunities in the
development of interpretive facilities and educational programs
to educate the public about the story of the flood;
(3) confirm and, if appropriate, expand upon the inventory
of floods' features contained in the National Park Service
study entitled ``Ice Age Floods, Study of Alternatives and
Environmental Assessment'' (February, 2001) by locating
features more accurately, improving the description of
features, and reevaluating the features in terms of their
interpretive potential; and
(4) review and, if appropriate, modify the map of the Trail
referred to in section 4(b)(1).
(f) Land Acquisition.--The Secretary may acquire not more than 25
acres of land for public information and administrative purposes to
facilitate the geographic diversity of the entire trail throughout
Montana, Idaho, Washington and Oregon. Such acquisitions shall be
consistent with the Cooperative Management and Interpretation Plan. Of
these 25 acres, private land may be acquired from willing sellers only
by exchange, donation, or purchase with donated or appropriated funds.
Non-Federal public lands may be acquired from willing sellers only by
donation or exchange and only after consultation with the affected
local governments.
(g) Interpretive Facilities.--The Secretary may plan, design, and
construct interpretive facilities for sites associated with the Trail
if the facilities are constructed in partnership with State, local,
tribal, or non-profit entities and are consistent with the Cooperative
Management and Interpretation Plan.
(h) Private Property Rights.--Nothing in this Act shall be
construed to require any private property owner to allow public access
(including Federal, State or local government access) to such private
property or to modify any provision of Federal, State or local law with
regard to public access to or use of private lands.
(i) Liability.--Designation of the trail shall not be considered to
create any liability or to have any effect on any liability under any
law of any private property owner with respect to any persons injured
on such private property.
(j) Cooperative Management.--In order to facilitate the development
of coordinated interpretation, education, resource stewardship, visitor
facility development and operation, and scientific research associated
with the Trail, and to promote more efficient administration of the
sites associated with the Trail, the Secretary may enter into
cooperative management agreements with appropriate officials in
Montana, Idaho, Washington, and Oregon in accordance with the authority
provided for units of the National Park System under section 3(l) of
Public Law 91-383 (112 Stat. 3522; 16 U.S.C. 1a-2). For purposes of
this subsection only, the Trail shall be considered a unit of the
National Park System.
(k) Cooperative Agreements.--The Secretary is authorized to enter
into cooperative agreements with public or private entities to further
the purposes of this Act.
(l) United States Geological Survey.--The Secretary shall use the
United States Geological Survey to assist the Interagency Technical
Committee and the National Park Service carry out this Act.
(m) Regulations Prohibited.--The Secretary may not promulgate
regulations specifically for management of the Trail.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. Not more than $500,000 of funds
appropriated for this Act may be used in each fiscal year for
administration of the Trail. | Ice Age Floods National Geologic Trail Designation Act of 2004 - Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote efforts to interpret and educate along the pathways of the floods.
Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail. Allows the Secretary to establish and operate a Trail management office within the vicinity of the Trail. Requires the Secretary to establish and maintain a trail advisory committee to assist the Trail manager and staff with the operation of the Trail.
Requires the Secretary to prepare a Cooperative Management and Interpretation Plan for the Trail to: (1) describe strategies for the coordinated development of the Trail; (2) identify potential partnering opportunities to develop interpretative facilities and educational programs; (3) confirm and expand upon the inventory of floods' features contained in a specified National Park Service study; and (4) review and modify the map of the Trail.
Allows the Secretary to acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the Trail. | {"src": "billsum_train", "title": "To designate the Ice Age Floods National Geologic Trail, and for other purposes."} | 1,856 | 268 | 0.672464 | 2.034909 | 0.835722 | 5.510204 | 7.016327 | 0.963265 |
SECTION 1. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S
DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) 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) of such Act (42 U.S.C.
402(b)(1)) 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).
(2) Conforming amendments.--Section 202(b)(5)(B) of such
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) of such Act (42 U.S.C.
402(c)(1)) 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 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 amendments.--Section 202(c)(5)(B) of such
Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)'', respectively.
(d) Child's Insurance Benefits.--Section 202(d)(1) of such 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 such 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 she remarries or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of such 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 he remarries''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such 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 such 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 such parent
marries, or such parent''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of such 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 the month preceding the earlier of'' and by striking
the comma after ``216(l))''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).
SEC. 2. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM
PROVISIONS.
Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is
amended by adding at the end the following new paragraph:
``(10) Notwithstanding any other provision of this Act, in applying
the preceding provisions of this subsection (and determining maximum
family benefits under column V of the table in or deemed to be in
section 215(a) as in effect in December 1978) with respect to the month
in which the insured individual's death occurs, the benefit payable to
such individual for that month shall be disregarded.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the month in which this Act is enacted. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death with benefits for that month disregarded for purposes of determining maximum family benefits. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide that an individual's entitlement to benefits thereunder shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month), in order to provide such individual's family with assistance in meeting the extra death-related expenses."} | 1,543 | 57 | 0.493483 | 1.15793 | 0.153714 | 1.829787 | 25.191489 | 0.808511 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Helping Save
Americans' Health Care Choices Act of 2015''.
(b) Table of Sections.--The table of sections for this Act is as
follows:
Sec. 1. Short title, etc.
Sec. 2. Elimination of requirement that coverage must be under a high
deductible health plan.
Sec. 3. Increase the maximum contribution limit to an HSA.
Sec. 4. Allow both spouses to make catch-up contributions to the same
HSA account.
Sec. 5. HSA funds may be used for health insurance premiums.
Sec. 6. Increased portability of health savings accounts.
Sec. 7. Certain physician fees to be treated as medical care.
Sec. 8. Special rule for certain medical expenses incurred before
establishment of account.
Sec. 9. Medicare recipients made eligible for HSAs.
Sec. 10. FSA funds may be used for long-term care insurance premiums.
Sec. 11. Repeal of limitation on deductions making non-prescription
drugs non-qualifying distributions from
tax-preferred accounts.
Sec. 12. Repeal of additional tax from distributions from HSAs and
MSAs.
Sec. 13. Repeal of limitation on health flexible spending arrangements
under cafeteria plans.
SEC. 2. ELIMINATION OF REQUIREMENT THAT COVERAGE MUST BE UNDER A HIGH
DEDUCTIBLE HEALTH PLAN.
(a) In General.--Section 223(c) of the Internal Revenue Code of
1986 is amended by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) Eligible individual.--The term `eligible individual'
means, with respect to any month, any individual if such
individual is covered under a eligible health plan as of the
1st day of such month.
``(2) Eligible health plan.--The term `eligible health
plan' means any health plan (including membership in a health
care sharing ministry as defined in section 5000A(d)(2)(B))
other than coverage consisting solely of excepted benefits as
defined in section 9832(c).''.
(b) Conforming Amendments.--
(1) In general.--The following sections of the Internal
Revenue Code of 1986 are each amended by striking ``high
deductible health plan'' each place it appears, as the case may
be, and inserting ``eligible health plan'':
(A) Section 26(b)(2)(S).
(B) Paragraphs (3) and (5)(B)(ii) of section
106(e).
(C) Section 223.
(D) Section 408(d)(9).
(2) Special rules.--With respect to the amendments made by
this section, the matter being inserted shall bear the same
case, number, font, and font size as the matter being replaced.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. INCREASE THE MAXIMUM CONTRIBUTION LIMIT TO AN HSA.
(a) Self-Only Coverage.--Section 223(b)(2)(A) of the Internal
Revenue Code of 1986 is amended by striking ``$2,250'' and inserting
``$6,450''.
(b) Family Coverage.--Section 223(b)(2)(B) of such Code is amended
by striking ``$4,500'' and inserting ``$12,900''.
(c) Inflation Adjustment.--Section 223(g)(1) of such Code is
amended--
(1) by striking ``subsections (b)(2) and (c)(2)(A)'' and
inserting ``subsection (b)(2)'', and
(2) by amending subparagraph (B) thereof to read as
follows:
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins determined by substituting
`calendar year 2014' for `calendar year 1992' in
subparagraph (B) thereof.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME
HSA ACCOUNT.
(a) In General.--Section 223(b)(3) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(C) Special rule where both spouses are eligible
individuals with 1 account.--If--
``(i) an individual and the individual's
spouse have both attained age 55 before the
close of the taxable year, and
``(ii) the spouse is not an account
beneficiary of a health savings account as of
the close of such year,
the additional contribution amount shall be 200 percent
of the amount otherwise determined under subparagraph
(B).''.
(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. 5. HSA FUNDS MAY BE USED FOR HEALTH INSURANCE PREMIUMS.
(a) In General.--Section 223(d)(2) of the Internal Revenue Code of
1986 is amended by striking subparagraphs (B) and (C).
(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. 6. INCREASED PORTABILITY OF HEALTH SAVINGS ACCOUNTS.
(a) Treatment After Death of Account Beneficiary.--Section
223(f)(8)(A) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(A) Treatment if designated beneficiary is family
member.--If a surviving spouse or lineal descendant of
the spouse or the account beneficiary acquires the
account beneficiary's interest in a health savings
account by reason of being the designated beneficiary
of such account at the death of the account
beneficiary, such health savings account shall be
treated as if the designated beneficiary were the
account beneficiary.''.
(b) Qualified Medical Expenses.--So much of subparagraph (A) of
section 223(d)(2) of the Internal Revenue Code of 1986 as precedes
``Such term'' is amended to read as follows:
``(A) In general.--The term `qualified medical
expenses' means amounts paid for medical care (as
defined in section 213(d)), but only to the extent such
amounts are not compensated for by insurance or
otherwise.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 7. CERTAIN PHYSICIAN FEES TO BE TREATED AS MEDICAL CARE.
(a) In General.--Section 213(d) of the Internal Revenue Code of
1986 is amended by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Pre-paid physician fees.--The term `medical care'
shall include amounts paid by patients to their primary
physician in advance for the right to receive medical services
on an as-needed basis.''.
(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. 8. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE
ESTABLISHMENT OF ACCOUNT.
(a) In General.--Section 223(d) of the Internal Revenue Code of
1986, as amended by the preceding provisions of this Act, is amended by
redesignating paragraph (5) as paragraph (6) and by inserting after
paragraph (4) the following new paragraph:
``(5) Treatment of account established before tax return
due for tax year.--For purposes of this section, if, before the
time prescribed by law for filing the return of tax for a
taxable year (not including extensions thereof), a taxpayer--
``(A) establishes a health savings account,
``(B) makes contributions to a health savings
account on account of such taxable year, or
``(C) makes payments or distributions from a health
savings account for such taxable year,
the health savings account shall be deemed to be established on
the last day of such taxable year and such contributions and
distributions shall be deemed to have been made on account of
such taxable year if the taxpayer elects the application of
this paragraph for such taxable year.''.
(b) Conforming Amendment.--Section 223(d)(6) of such Code, as
redesignated by subsection (a), is amended by striking subparagraph (B)
and redesignating subparagraphs (C) through (E) as subparagraphs (B)
through (D), respectively.
(c) Effective Date.--The amendments made by this section shall
apply with respect to health savings accounts established, and
contributions to and distributions from health savings accounts after,
the date of the enactment of this Act.
SEC. 9. MEDICARE RECIPIENTS MADE ELIGIBLE FOR HSAS.
(a) Medicare Recipients May Contribute to HSAs.--Section 223(b) of
the Internal Revenue Code of 1986 is amended by striking paragraph (7).
(b) Medicare Beneficiaries Participating in Medicare Advantage MSA
May Contribute Their Own Money to Their MSA.--Section 138(b) of such
Code is amended by striking paragraph (2) and by redesignating
paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 10. FSA FUNDS MAY BE USED FOR LONG-TERM CARE INSURANCE PREMIUMS.
(a) In General.--Subsection (c) of section 106 of the Internal
Revenue Code of 1986 is amended by redesignating paragraph (2) as
paragraph (3) and by amending so much of such subsection as precedes
such paragraph (3) to read as follows:
``(c) Long-Term Care Benefits Provided Through Flexible Spending
Arrangements.--
``(1) In general.--Gross income of an employee shall not
include employer-provided coverage for qualified long-term care
services (as defined in section 7702B(c)) to the extent that
such coverage is provided through a flexible spending or
similar arrangement.
``(2) Premiums for long-term care.--Qualified medical
expenses for which reimbursement may be made by distributions
from a flexible spending arrangement shall include amounts paid
for long-term care coverage.''.
(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. 11. REPEAL OF LIMITATION ON DEDUCTIONS MAKING NON-PRESCRIPTION
DRUGS NON-QUALIFYING DISTRIBUTIONS FROM TAX-PREFERRED
ACCOUNTS.
(a) HSAs.--Section 223(d)(2)(A) of the Internal Revenue Code of
1986 is amended by striking the last sentence.
(b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by
striking the last sentence.
(c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of such Code is amended by striking
subsection (f).
(d) Effective Dates.--
(1) Distributions from savings accounts.--The amendments
made by subsections (a) and (b) shall apply to amounts paid
with respect to taxable years beginning after the date of the
enactment of this Act.
(2) Reimbursements.--The amendment made by subsection (c)
shall apply to expenses incurred with respect to taxable years
beginning after the date of the enactment of this Act.
SEC. 12. REPEAL OF ADDITIONAL TAX FROM DISTRIBUTIONS FROM HSAS AND
MSAS.
(a) HSAs.--Section 223(f)(4)(A) of the Internal Revenue Code of
1986 is amended by striking ``20 percent'' and inserting ``10
percent''.
(b) Archer MSAs.--Section 220(f)(4)(A) of such Code is amended by
striking ``20 percent'' and inserting ``15 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 13. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS
UNDER CAFETERIA PLANS.
(a) In General.--Section 125 of the Internal Revenue Code of 1986
is amended--
(1) by striking subsection (i), and
(2) by redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Helping Save Americans' Health Care Choices Act of 2015 This bill amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: eliminate the requirement that a participant in an HSA be enrolled in a high deductible health care plan; increase the maximum contribution amount to an HSA; permit both spouses in an HSA to make catch-up contributions to the same account; allow the use of HSAs to pay health insurance premiums and long-term care insurance premiums; treat fees paid in advance for the right to receive medical services as a deductible medical expense; permit Medicare recipients to participate in HSAs; repeal the restriction on payments from HSAs for nonprescription drugs; repeal the additional tax on distributions from HSAs and Archer Medical Savings Accounts; and repeal the $2,500 limitation on salary reduction contributions to a health flexible spending arrangement under a cafeteria plan. | {"src": "billsum_train", "title": "Helping Save Americans' Health Care Choices Act of 2015"} | 3,104 | 206 | 0.525008 | 1.447544 | 0.839657 | 2.886228 | 15.077844 | 0.826347 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Species Conservation
Incentives Act of 1995''.
SEC. 2. DESIGNATIONS OF OVERPAYMENTS FOR ENDANGERED SPECIES
CONSERVATION.
(a) General Rule.--Subchapter A of chapter 61 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
part:
``PART IX--DESIGNATION OF OVERPAYMENTS FOR ENDANGERED SPECIES
CONSERVATION
``Sec. 6097. Amounts for endangered
species conservation.
``SEC. 6097. AMOUNTS FOR ENDANGERED SPECIES CONSERVATION.
``(a) In General.--With respect to each taxpayer's return for the
taxable year of the tax imposed by chapter 1, such taxpayer may
designate that any overpayment of such tax for such taxable year be
paid over for endangered species conservation.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made on the first page of the
return.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any overpayment of tax designated under subsection (a) shall be
treated as being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the date the
return is filed.''
(b) Endangered Species Conservation Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of such Code
(relating to trust fund code) is amended by adding at the end
the following new section:
``SEC. 9512. ENDANGERED SPECIES CONSERVATION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Endangered
Species Conservation Trust Fund', consisting of such amounts as may be
appropriated or credited to the Endangered Species Conservation Trust
Fund as provided in this section or section 9602(b).
``(b) Transfer to Endangered Species Conservation Trust Fund of
Amounts Designated.--There is hereby appropriated to the Endangered
Species Conservation Trust Fund amounts equivalent to the amounts
designated under section 6097 and received in the Treasury.
``(c) Expenditures From Trust Fund.--
``(1) In general.--The Secretary shall pay, not less often
than quarterly, to Secretary of the Interior from the
Endangered Species Conservation Trust Fund an amount equal to
the amount in such Fund as of the time of such payment less any
administrative expenses of the Secretary which may be paid
under paragraph (2).
``(2) Administrative expenses.--Amounts in the Endangered
Species Conservation Trust Fund shall be available to pay the
administrative expenses of the Department of the Treasury
directly allocable to--
``(A) modifying the individual income tax return
forms to carry out section 6097,
``(B) carrying out this chapter with respect to
such Fund, and
``(C) processing amounts received under section
6097 and transferring such amounts to such Fund.''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of overpayments
for endangered species
conservation.''
(2) The table of sections for such subchapter A is amended
by adding at the end the following new item:
``Sec. 9512. Endangered Species
Conservation Trust Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.
SEC. 3. EXCLUSION FROM ESTATE FOR REAL PROPERTY SUBJECT TO ENDANGERED
SPECIES CONSERVATION AGREEMENT.
(a) In General.--Part IV of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to taxable estate) is amended
by adding at the end the following new section:
``SEC. 2057. CERTAIN REAL PROPERTY SUBJECT TO ENDANGERED SPECIES
CONSERVATION AGREEMENT.
``(a) General Rule.--For purposes of the tax imposed by section
2001, the value of the taxable estate shall be determined by deducting
from the value of the gross estate an amount equal to the value of any
endangered species agreement property included in the gross estate.
``(b) Endangered Species Agreement Property.--For purposes of this
section, the term `endangered species agreement property' means any
real property if--
``(1) each person who has an interest in such property
(whether or not in possession)--
``(A) has entered into an endangered species
conservation agreement with respect to such property,
and
``(B) has entered into a written agreement with the
Secretary consenting to the application of subsection
(d), and
``(2) the executor of the decedent's estate--
``(A) elects the application of this section, and
``(B) files with the Secretary such endangered
species conservation agreement.
``(c) Endangered Species Conservation Agreement.--For purposes of
this section, the term `endangered species conservation agreement'
means a written agreement, entered into with the Secretary of the
Interior or the Secretary of Commerce--
``(1) which commits each person who signed such agreement
to carry out on such property activities or practices not
otherwise required by law, or to refrain from carrying out on
such property activities or practices that such person could
otherwise lawfully carry out, or both,
``(2) which is certified by such Secretary as assisting in
the conservation of any species which is--
``(A) designated by such Secretary as an endangered
or threatened species under the Endangered Species Act
of 1973,
``(B) proposed for such designation, or
``(C) officially identified by such Secretary as a
candidate for possible future protection as an
endangered or threatened species, and
``(3) the duration of which is at least 10 years.
``(d) Coordination With Other Benefits.--No credit shall be allowed
under section 30A with respect to any endangered species conservation
agreement with respect to which an election under this section is made.
``(e) Recapture of Tax Benefit in Certain Cases.--
``(1) Disposition of interest or material breach.--
``(A) In general.--Except as provided in
subparagraph (C), if, at any time during the 10-year
period beginning on the date the endangered species
conservation agreement is entered into with respect to
any property--
``(i) any person disposes of any interest
in such property, or
``(ii) there is a material breach by any
person who holds an interest in such property
of any endangered species conservation
agreement with respect to such property,
then there is hereby imposed an additional estate tax.
``(B) Amount of tax.--The amount of the tax imposed
by subparagraph (A) with respect to any interest shall
be the amount equal to the lesser of--
``(i) the adjusted tax difference
attributable to such interest (determined under
rules similar to the rules of section
2032A(c)(2)), or
``(ii) the amount realized with respect to
the interest (or, in any case other than a sale
or exchange at arm's length, the fair market
value of the interest.
``(C) Exception if transferee assumes obligations
of transferor.--Subparagraph (A) shall not apply to a
disposition if the transferee enters into a binding
written agreement--
``(i) to assume the obligations imposed on
the transferor under the endangered species
conservation agreement;
``(ii) to assume liability for any tax
imposed under subparagraph (A) with respect to
any future dispositions or breaches by such
transferee; and
``(iii) to notify the Secretary who entered
into the endangered species conservation
agreement and the Secretary that the transferee
has assumed the obligations and liabilities
described in clauses (i) and (ii).
``(2) Due date of additional tax.--The tax imposed by
paragraph (1) shall become due and payable on the day that is 6
months after the date of the disposition or breach referred to
in paragraph (1)(A).
``(f) Statute of Limitations.--If a taxpayer incurs a tax liability
pursuant to subsection (e)(1), then--
``(1) the statutory period for the assessment of any
additional tax imposed by subsection (e)(1) shall not expire
before the expiration of 3 years from the date the Secretary is
notified (in such manner as the Secretary may by regulation
prescribe) of the incurring of such tax liability, and
``(2) such additional tax may be assessed before the
expiration of such 3-year period notwithstanding the provisions
of any other law or rule of law that would otherwise prevent
such assessment.
``(g) Election and Filing of Agreement.--The election under this
section shall be made on the return of the tax imposed by section 2001.
Such election, and the filing under subsection (a) of an endangered
species conservation agreement, shall be made in such manner as the
Secretary shall by regulation provide.''
(b) Clerical Amendment.--The table of sections for part IV of
subchapter A of chapter 11 of such Code is amended by adding at the end
the following new item:
``Sec. 2057. Certain real property
subject to endangered species
conservation agreement.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 4. ENHANCED DEDUCTION FOR DONATION OF A CONSERVATION EASEMENT.
(a) In General.-- Subsection (h) of section 170 of the Internal
Revenue Code of 1986 (relating to charitable, etc., contributions and
gifts) is amended by adding at the end the following new paragraph:
``(7) Enhanced valuation of easement for protection of
endangered species.--
``(A) In general.--For purposes of this section, if
the taxpayer elects the application of this paragraph,
the value of any contribution of a qualified endangered
species easement shall be an amount equal to the excess
of--
``(i) the value of the property burdened by
the easement, determined without regard to--
``(I) such easement, and
``(II) any restrictions imposed by
the Endangered Species Act of 1973,
over
``(ii) the value of such property,
determined with regard to such easement and
restrictions.
``(B) Qualified endangered species easement.--For
purposes of this paragraph, the term `qualified
endangered species easement' means any restriction
referred to in paragraph (1)(C) contributed to the
Secretary of the Interior, the Secretary of Commerce,
or a State agency implementing an endangered species
program for the purpose described in paragraph
(4)(A)(iii). For purposes of the preceding sentence, a
restriction which is granted for at least 20 years
shall be treated as granted in perpetuity.''
(b) Protection of Endangered Species as Conservation Purpose.--
(1) Subparagraph (A) of section 170(h)(4) of such Code is
amended by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively, and by inserting after clause (ii) the
following new clause:
``(iii) the protection of a species
designated endangered by the Secretary of the
Interior, or the Secretary of Commerce, under
the Endangered Species Act of 1973,''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.
SEC. 5. CREDIT FOR COSTS OF COMPLIANCE WITH ENDANGERED SPECIES
CONSERVATION AGREEMENT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30A. COSTS OF COMPLIANCE WITH ENDANGERED SPECIES CONSERVATION
AGREEMENT.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to the
endangered species conservation agreement costs paid or incurred by the
taxpayer during the taxable year.
``(b) Endangered Species Conservation Agreement Costs.--For
purposes of subsection (a), the term `endangered species conservation
agreement costs' means expenses which would not have been incurred by
the taxpayer but for an endangered species conservation agreement (as
defined in section 2057(c) but without regard to paragraph (3) thereof)
entered into by the taxpayer.
``(c) Application With Other Credits.--The credit allowed by
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and sections 27,
28, 29, and 30, over
``(2) the tentative minimum tax for the taxable year.''
(b) Clerical Amendment.--The table of sections for such subpart B
is amended by adding at the end the following new item:
``Sec. 30A. Costs of compliance with
endangered species conservation
agreement.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Endangered Species Conservation Incentives Act of 1995 - Amends the Internal Revenue Code to permit a taxpayer to designate any overpayment for endangered species conservation.
Establishes the Endangered Species Conservation Trust Fund in the Treasury into which the designated amount will be transferred.
Deducts from the value of a taxable estate an amount equal to the value of any endangered species agreement property included in the estate. Provides for the recapture of such benefit in certain cases.
Sets forth a provision providing for the valuation of a conservation easement.
Allows a limited credit for endangered species conservation agreement costs. | {"src": "billsum_train", "title": "Endangered Species Conservation Incentives Act of 1995"} | 3,175 | 136 | 0.600377 | 1.418746 | 0.6497 | 3.1 | 25.281818 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reaching Rural Veterans through
Telehealth Act''.
SEC. 2. SENSE OF CONGRESS REGARDING NEED TO USE TELE-HEALTH PLATFORMS
IN TREATING VETERANS LIVING IN RURAL AREAS SUFFERING FROM
POST TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY.
It is the sense of Congress that--
(1) members of the Armed Forces serving in Iraq or
Afghanistan are being exposed to conditions in combat
operations that increase the risk of the members developing
post-traumatic stress disorder or incurring a traumatic brain
injury;
(2) veterans living in rural areas need better access to
treatments for post-traumatic stress disorder and traumatic
brain injury; and
(3) the use of tele-health platforms in the treatment of
post-traumatic stress disorder and traumatic brain injury can
reduce the need for travel by providers and veterans and their
families, thereby also reducing costs, time, stress, and other
factors associated with travel.
SEC. 3. TELE-HEALTH PILOT PROJECT FOR TREATMENT OF VETERANS LIVING IN
RURAL AREAS WHO SUFFER FROM POST TRAUMATIC STRESS
DISORDER OR TRAUMATIC BRAIN INJURY.
(a) Pilot Project.--The Secretary of Veterans Affairs shall award
grants for the establishment three pilot projects to use tele-health
platforms to work, in collaboration with State behavioral health
systems, other Federal agencies, and other entities as applicable, to
serve the needs of veterans living in rural areas who suffer from post
traumatic stress disorder or traumatic brain injury. Utilizing tele-
health platforms, the pilot projects shall provide treatment,
education, and evaluation to veterans who suffer from post traumatic
stress disorder or traumatic brain injury and support to their
families.
(b) Tele-Health Platform Defined.--The term ``tele-health
platform'' means the use of electronic information and
telecommunications technologies to support long-distance clinical
health care, patient and professional health-related education, public
health, and health administration.
(c) Project Goals.--
(1) Education.--Education efforts under the pilot projects
shall be designed to teach primary care providers how to
diagnosis and manage clients with post traumatic stress
disorder or traumatic brain injury, be standardized and
replicable using validated tools, and require ongoing
evaluation and improvement of the education and training in
diagnosis and treatment.
(2) Treatment.--Treatment efforts under the pilot projects
shall be designed to be comprehensive and accessible to
veterans on a 24-hour basis, 7 days a week, 365 days a year.
(d) Provider Participation.--Participation in the pilot projects
shall be multi-disciplinary and broad-based, including medical
clinicians, trainers, educators, researchers, community members, and
other interested persons.
(e) Grant Requirements.--The Secretary shall select grant
recipients on the basis of the following:
(1) Geographical diversity.
(2) Reaching the most possible veterans not currently
receiving treatment for post traumatic stress disorder or
traumatic brain injury.
(3) Creating programs in Veteran Integrated Service
Networks that are designated by the Secretary to be ``rural''
or ``highly rural''.
(f) Allowable Uses of Funds.--
(1) Training.--Grant funds may be used for training
practitioners, therapists, psychologists, psychiatrists, case
managers, and other professionals to treat veterans suffering
from post traumatic stress disorder or traumatic brain injury,
including a focus on teaching primary care providers to
diagnosis and manage patients with post traumatic stress
disorder.
(2) Research.--Grant funds may be used for testing a
variety of clinical and case management modalities to provide
``Best Practice'' treatment for specific populations, such as
veterans who served in a regular component of the Armed Forces,
veterans who served in reserve components, female military
personnel, children of military personnel, parents, and other
significant others.
(3) Purchasing.--Grant funds may be used for purchasing
equipment related to tele-health platforms, such as monitors,
speakers, webcams, and necessary software.
(4) Organization of projects.--Grant recipients may partner
and contract with local community groups that are already
providing services in a rural area, such as parenting, sexual
assault prevention and recovery services, domestic violence
prevention and recovery services, food banks, and other social
services. Grant funds may be used to provide stipends to
clinicians and providers involved in a pilot project.
(g) Reporting Requirements.--Grant recipients shall provide a
quarterly report to the Secretary that will include the following:
(1) Results under the pilot project involved.
(2) Number of veterans treated.
(3) Individual client progress.
(4) Demonstrative service coordination.
(5) Client demographics.
(6) Outcomes and information that can be shared with local,
State, and Federal government agencies. | Reaching Rural Veterans through Telehealth Act - Expresses the sense of Congress on the need to use tele-health platforms in treating veterans living in rural areas who suffer from post-traumatic stress disorder (PTSD) and traumatic brain injury.
Directs the Secretary of Veterans Affairs to award grants for establishing three pilot projects for using such platforms to serve the needs of such veterans. Requires the pilot projects to provide treatment, education, and evaluation to such veterans, as well as related support to their families. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to carry out a pilot program to utilize tele-health platforms to assist in the treatment of veterans living in rural areas who suffer from post traumatic stress disorder or traumatic brain injury."} | 1,103 | 108 | 0.607472 | 1.656203 | 1.663207 | 3.208333 | 10.145833 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Verify Eligibility Coverage Act''.
SEC. 2. PROMOTING PROGRAM INTEGRITY IN ENROLLING CERTAIN IMMIGRANTS
UNDER MEDICAID.
(a) In General.--Section 1137(f) of the Social Security Act (42
U.S.C. 1320b-7(f)) is amended--
(1) by striking ``Subsections (a)(1) and (d)'' and
inserting ``(1) Subsections (a)(1) and (d)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Subparagraphs (A) and (B)(ii) of subsection (d)(4)
shall not apply in the case of an initial determination made on
or after the date that is 6 months after the date of the
enactment of this paragraph with respect to the eligibility of
an alien described in subparagraph (B) for benefits under the
program listed in subsection (b)(2).
``(B) An alien described in this subparagraph is an
individual declaring to be a citizen or national of the United
States with respect to whom a State, in accordance with section
1902(a)(46)(B), requires--
``(i) pursuant to section 1902(ee), the submission
of a social security number; or
``(ii) pursuant to section 1903(x), the
presentation of satisfactory documentary evidence of
citizenship or nationality.''.
(b) No Payments for Medical Assistance Provided Before Presentation
of Evidence.--Section 1903(i)(22) of the Social Security Act (42 U.S.C.
1396b(i)(22)) is amended--
(1) by striking ``with respect to amounts expended'' and
inserting ``(A) with respect to amounts expended'';
(2) by inserting ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(B) in the case of a State that elects to provide a
reasonable period to present satisfactory documentary evidence
of such citizenship or nationality pursuant to paragraph (2)(C)
of section 1902(ee) or paragraph (4) of subsection (x) of this
section, for amounts expended for medical assistance for such
an individual (other than an individual described in paragraph
(2) of such subsection (x)) during such period;''.
(c) Conforming Amendments.--Section 1137(d)(4) of the Social
Security Act (42 U.S.C. 1320b-7(d)(4)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by inserting ``subject to subsection (f)(2),'' before
``the State''; and
(2) in subparagraph (B)(ii), by inserting ``subject to
subsection (f)(2),'' before ``pending such verification''.
SEC. 3. MEDICAID IMPROVEMENT FUND.
Section 1941 of the Social Security Act (42 U.S.C. 1396w-1(b)) is
amended to read as follows:
``SEC. 1941. MEDICAID IMPROVEMENT FUND.
``(a) In General.--The Secretary shall establish, and administer,
under this title a Medicaid Improvement Fund (in this section referred
to as the `Fund') which shall be available to the Secretary for the
following purposes:
``(1) To improve the management of the Medicaid program by
the Centers for Medicare & Medicaid Services, including
oversight of contracts and contractors and evaluation of
demonstration projects.
``(2) To improve access to care for the most vulnerable
individuals eligible to receive medical assistance under the
State plan under this title (or a waiver of such plan),
including by carrying out section 4 of the Verify Eligibility
Coverage Act (relating to reducing waiting lists for medical
assistance for home and community-based services under a State
plan waiver under subsection (c), (d), or (i) of section 1915
or section 1115).
``(b) Supplement, Not Supplant.--Payments made for activities under
this section shall be in addition to payments that would otherwise be
made for activities described in subsection (a).
``(c) Funding.--
``(1) In general.--
``(A) Management improvements.--There shall be
available to the Fund, for the purposes described in
subsection (a)(1), for expenditures from the Fund for
fiscal year 2021 and thereafter, $5,000,000.
``(B) Increasing access.--There shall be available
to the Fund, for the purposes described in subsection
(a)(2), for expenditures from the Fund for fiscal year
2018 and thereafter, [$_____].
``(2) Funding limitation.--Amounts in the Fund shall be
available in advance of appropriations but only if the total
amount obligated from the Fund does not exceed the amount
available to the Fund under subparagraphs (A) and (B) of
paragraph (1). The Secretary may obligate funds from the Fund
only if the Secretary determines (and the Chief Actuary of the
Centers for Medicare & Medicaid Services and the appropriate
budget officer certify) that there are available in the Fund
sufficient amounts to cover all such obligations incurred
consistent with the previous sentence.''.
SEC. 4. PROVIDING CARE FOR THE MOST VULNERABLE PATIENTS ON WAITING
LISTS.
(a) In General.--Subject to subsection (d), the Secretary of Health
and Human Services shall provide, for each of fiscal years 2018 through
2026, payment to eligible States selected under subsection (c) to
provide for medical assistance for home and community-based services
under a State plan waiver under subsection (c), (d), or (i) of section
1915 of the Social Security Act (42 U.S.C. 1396n) or section 1115 of
the Social Security Act (42 U.S.C. 1315) to individuals who are
eligible but, as of January 1, 2017, are on a waiting list for such
services through such waiver.
(b) State Eligibility.--A State is eligible for a payment under
this section if the State submits an application to the Secretary at
such time, in such form and manner, and containing such information,
provisions, and assurances, as specified by the Secretary.
(c) Selection.--Subject to subsection (d), the Secretary shall, for
each of fiscal years 2018 through 2026, select, on a competitive basis,
from among eligible States, the States that will receive payment under
this section. In making such selections, the Secretary shall give
priority to--
(1) States with the highest number of individuals on a
waiting list described in subsection (a);
(2) States with the highest average or highest median
periods individuals have been on such a list; and
(3) States with individuals on such a list who have the
lowest income levels, as compared to the income of individuals
on such a list of other eligible States.
(d) Funding.--
(1) Funds allocated to states.--Of the funds available for
purposes of carrying out this section under section 1941(c) of
the Social Security Act (42 U.S.C. 1396w-1(c)), the Secretary
shall allocate such funds to States selected under subsection
(c) on the basis of criteria, including a State's application
submitted under subsection (b), the availability of funds under
such section 1941(c), and criteria specified under subsection
(c), as determined by the Secretary.
(2) Payments to states.--For each calendar quarter
beginning on or after October 1, 2017, the Secretary shall pay
to each State selected under subsection (c), from the
allocation made to the State under paragraph (1), an amount
equal to 90 percent of the Federal medical assistance
percentage of the amount expended during such quarter for the
medical assistance described in subsection (a).
(e) Definitions.--In this section:
(1) Federal medical assistance percentage.--The term
``Federal medical assistance percentage'' has the meaning given
such term in section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)).
(2) Medical assistance.--The term ``medical assistance''
has the meaning given such term in section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)).
(3) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.). | Verify Eligibility Coverage Act The bill amends title XIX (Medicaid) of the Social Security Act to allow a state to delay or deny an individual's initial eligibility for Medicaid benefits without providing a reasonable opportunity to submit evidence of a satisfactory immigration status or pending official verification of such status. A state that elects to provide a reasonable period for an individual to provide such evidence may not receive payment for amounts expended on the individual's medical assistance during that period. In FY2018-FY2026, the Centers for Medicare & Medicaid Services, using the Medicaid Improvement Fund, shall pay a 90% federal matching rate to eligible states for home- and community-based services furnished under a state Medicaid waiver to patients who had been on a waiting list for such services. | {"src": "billsum_train", "title": "Verify Eligibility Coverage Act"} | 1,934 | 204 | 0.481874 | 1.400689 | 0.73812 | 2.115108 | 12.230216 | 0.820144 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Affordability and
Fairness Act of 2005''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Increase in Dollar Limitation.--Subsection (b) of section 222
of the Internal Revenue Code of 1986 (relating to dollar limitations)
is amended to read as follows:
``(b) Limitations.--
``(1) Limitation for first 2 years of postsecondary
education.--For any taxable year preceding a taxable year
described in paragraph (2), the amount of qualified tuition and
related expenses which may be taken into account under
subsection (a) shall not exceed--
``(A) except as provided in subparagraph (B), the
excess (if any) of--
``(i) the lesser of--
``(I) $10,000 for each eligible
student, or
``(II) $15,000, over
``(ii) the amount of such expenses which
are taken into account in determining the
credit allowable to the taxpayer or any other
person under section 25A(a)(1) with respect to
such expenses, and
``(B) in the case of a taxpayer with respect to
whom the credit under section 25A(a)(1) is reduced to
zero by reason of section 25A(d)(1), $5,000.
``(2) Limitation for second 2 years of postsecondary
education.--For any taxable year if an eligible student has
completed (before the beginning of such taxable year) the first
2 years of postsecondary education at an eligible educational
institution, the amount of qualified tuition and related
expenses which may be taken into account under subsection (a)
shall not exceed--
``(A) except as provided in subparagraph (B) or
(C), $10,000,
``(B) in the case of a taxpayer with respect to
which a credit under section 25A(a)(1) would be reduced
to zero by reason of section 25A(d)(1), $5,000, and
``(C) in the case of taxpayer with respect to whom
the credit under section 25A(a)(2) is allowed for such
taxable year, zero.
``(3) Deduction allowed only for 4 taxable years for each
eligible student.--A deduction may not be allowed under
subsection (a) with respect to the qualified tuition and
related expenses of an eligible student for any taxable year if
such a deduction was allowable with respect to such expenses
for such student for any 4 prior taxable years.
``(4) Eligible student.--For purposes of this section, the
term `eligible student' has the meaning given such term by
section 25A(b)(3).''.
(b) Repeal of Termination.--Section 222 of such Code is amended by
striking subsection (e).
(c) Determination of Adjusted Gross Income With Respect to Other
Benefits.--
(1) Section 21(a)(2) of such Code is amended by inserting
``(determined without regard to section 222)'' after ``adjusted
gross income''.
(2) Section 22(d) of such Code is amended--
(A) by inserting ``(determined without regard to
section 222)'' after ``adjusted gross income'' the
first place it appears, and
(B) by inserting ``(as so determined)'' after
``adjusted gross income'' the second place it appears.
(3) Section 23(b)(2)(B) of such Code is amended by
inserting ``222,'' before ``911''.
(4) Section 24(b)(1) of such Code is amended by inserting
``222,'' before ``911''.
(5) Section 151(d)(3) of such Code is amended--
(A) by inserting ``(determined without regard to
section 222)'' after ``adjusted gross income'' in
subparagraph (A), and
(B) by inserting ``(as so determined)'' after
``adjusted gross income'' in subparagraph (B).
(6) Section 165(h)(2)(A)(ii) of such Code is amended by
inserting ``(determined without regard to section 222)'' after
``adjusted gross income''.
(7) Section 213(a) of such Code is amended by inserting
``(determined without regard to section 222)'' after ``adjusted
gross income''.
(8) Section 1400C(b)(2) of such Code is amended by
inserting ``222,'' before ``911''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2004 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 3. EDUCATION TAX CREDIT FAIRNESS.
(a) Increase in AGI Limits.--
(1) In general.--Subsection (d) of section 25A of the
Internal Revenue Code of 1986 is amended to read as follows:
``(d) Limitation Based on Modified Adjusted Gross Income.--
``(1) Hope credit.--
``(A) In general.--The amount which would (but for
this subsection) be taken into account under subsection
(a)(1) shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $50,000 ($100,000 in the
case of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(2) Lifetime learning credit.--
``(A) In general.--The amount which would (but for
this subsection) be taken into account under subsection
(a)(2) shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $40,000 ($80,000 in the case
of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means the
adjusted gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income under
section 911, 931, or 933.''.
(2) Conforming amendment.--Paragraph (2) of section 25A(h)
of such Code is amended to read as follows:
``(2) Income limits.--
``(A) Hope credit.--In the case of a taxable year
beginning after 2005, the $50,000 and $100,000 amounts
in subsection (d)(1)(B)(i)(II) shall be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2004'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Lifetime learning credit.--In the case of a
taxable year beginning after 2001, the $40,000 and
$80,000 amounts in subsection (d)(2)(B)(i)(II) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2000'
for `calendar year 1992' in subparagraph (B)
thereof.
``(C) Rounding.--If any amount as adjusted under
subparagraph (A) or (B) is not a multiple of $1,000,
such amount shall be rounded to the next lowest
multiple of $1,000.''.
(b) Coordination With Other Higher Education Benefits.--Section
25A(g) of such Code is amended by striking paragraph (5) and by
redesignating paragraphs (6) and (7) as paragraphs (5) and (6),
respectively.
(c) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2004 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 4. RELATIONSHIP BETWEEN TUITION AND FINANCIAL AID.
(a) Study.--The Comptroller General of the United States shall
conduct an annual study to examine whether the Federal income tax
incentives to provide education assistance affect higher education
tuition rates in order to identify if institutions of higher education
are absorbing the intended savings by raising tuition rates.
(b) Report.--The Comptroller General of the United States shall
report the results of the study required under subsection (a) to
Congress on an annual basis.
SEC. 5. SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING PELL GRANTS.
It is the sense of the House of Representatives that the maximum
Pell Grant should be increased to $4,700 to pay approximately--
(1) 20 percent of the tuition, fees, room and board, and
other expenses of the average college, or
(2) the tuition and fees of the average public college. | Higher Education Affordability and Fairness Act of 2005 - Amends the Internal Revenue Code to increase the tax deduction for qualified higher education tuition and related expenses. Makes such tax deduction permanent. Increases adjusted gross income limits for purposes of determining the allowable amount of the Hope Scholarship tax credit. Directs the Comptroller General of the United States to conduct an annual study to examine whether the Federal income tax incentives to provide education assistance affect higher education tuition rates in order to identify if institutions of higher education are absorbing the intended savings by raising tuition rates. Expresses the sense of the House of Representatives that the maximum Pell Grant should be increased to $4,700 to pay approximately: (1) 20 percent of the tuition, fees, room and board, and other expenses of the average college; or (2) the tuition and fees of the average public college. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make higher education more affordable by providing a tax deduction for higher education expenses, and for other purposes."} | 2,244 | 181 | 0.513378 | 1.301169 | 0.767511 | 7.37037 | 12.185185 | 0.938272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Multifamily and Assisted
Housing Recovery Act''.
SEC. 2. ADDITIONAL SUPPORT FOR HOUSING LOW-INCOME ELDERLY PERSONS.
Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended
by adding at the end the following:
``(n) Additional Support for Low-Income Elderly Persons Displaced
by Hurricanes Katrina and Rita.--
``(1) In general.--In addition to any amounts authorized
under subsection (m), for fiscal year 2009 there is authorized
to be appropriated $125,000,000 to the Secretary to provide
assistance pursuant to this section to private nonprofit
organizations and consumer cooperatives to expand the supply of
supportive housing for low-income elderly persons--
``(A) who on August 28, 2005, for Hurricane Katrina
and September 24, 2005, for Hurricane Rita, were
residents in a designated disaster area;
``(B) whose primary residence--
``(i) was significantly damaged by
Hurricane Katrina or Hurricane Rita or by
flooding resulting from Hurricane Katrina or
Hurricane Rita; or
``(ii) is uninhabitable as a result of
damage or flooding resulting from Hurricane
Katrina or Hurricane Rita, including
uninhabitability resulting from lack of
electricity, water, or other services due to
such damage or flooding; and
``(C) who cannot, in the discretion of the
Secretary, afford to rebuild such residence.
``(2) Allocation of funds.--Of the amounts authorized to be
appropriated under paragraph (1), the Secretary shall
allocate--
``(A) $55,000,000 to the State of Louisiana;
``(B) $50,000,000 to the State of Mississippi; and
``(C) $20,000,000 to the State of Alabama.
``(3) Definition.--As used in this subsection, the term
`designated disaster area' means any area in the States of
Alabama, Mississippi, and Louisiana that was the subject of a
disaster declaration by the President under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) in response to Hurricanes Katrina and
Rita of 2005.''.
SEC. 3. ADDITIONAL SUPPORT FOR LOW-INCOME PERSONS WITH DISABILITIES.
Section 811 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013) is amended by adding at the end the following:
``(o) Additional Support for Low-Income Persons With Disabilities
Displaced by Hurricanes Katrina and Rita.--
``(1) In general.--In addition to any amounts authorized
under subsection (m), for fiscal year 2009 there is authorized
to be appropriated $75,000,000 to the Secretary to provide
assistance pursuant to this section to private, nonprofit
organizations to expand the supply of supportive housing for
persons with disabilities--
``(A) who on August 28, 2005, for Hurricane Katrina
and September 24, 2005, for Hurricane Rita, were
residents in a designated disaster area;
``(B) whose primary residence--
``(i) was significantly damaged by
Hurricane Katrina or Hurricane Rita or by
flooding resulting from Hurricane Katrina or
Hurricane Rita; or
``(ii) is uninhabitable as a result of
damage or flooding resulting from Hurricane
Katrina or Hurricane Rita, including
uninhabitability resulting from lack of
electricity, water, or other services due to
such damage or flooding; and
``(C) who cannot, in the discretion of the
Secretary, afford to rebuild such residence.
``(2) Allocation of funds.--Of the amounts authorized to be
appropriated under paragraph (1), the Secretary shall
allocate--
``(A) $35,000,000 to the State of Louisiana;
``(B) $25,000,000 to the State of Mississippi; and
``(C) $15,000,000 to the State of Alabama.
``(3) Definition.--As used in this subsection, the term
`designated disaster area' means any area in the States of
Alabama, Mississippi, and Louisiana that was the subject of a
disaster declaration by the President under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) in response to Hurricanes Katrina and
Rita of 2005.''.
SEC. 4. TARGETED HOUSING SUPPORT FOR LOW-INCOME ELDERLY PERSONS IN NEW
ORLEANS AND ST. BERNARD PARISH.
There is authorized to be appropriated for the redevelopment
(rebuilding or replacement) of housing authorized under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q) which was damaged or
destroyed as a result of Hurricane Katrina of 2005--
(1) $2,500,000 to the City of New Orleans; and
(2) $1,500,000 to the Parish of St. Bernard.
SEC. 5. USE OF BUDGET-BASED RENT INCREASES FOR SECTION 202 AND 811
PROJECTS IN A DESIGNATED DISASTER AREA.
(a) Section 202.--Section 202 of the Housing Act of 1959 (12 U.S.C.
1701q), as amended by section 2 of this Act, is further amended by
adding at the end the following:
``(o) Approval of Rent Increases.--
``(1) In general.--The Secretary shall annually adjust the
rent levels on a budget-based basis of eligible projects to
support the increased cost of operating or rehabilitating such
projects.
``(2) Conditions.--Rent adjustments pursuant to this
section shall--
``(A) be subject to adjustment by the Secretary
based on differences between estimated and actual costs
of operating or rehabilitating such projects; and
``(B) not exceed the rent for comparable unassisted
units in the area.
``(3) Definitions.--As used in this section--
``(A) the term `eligible project' means a project
that is--
``(i) assisted under subsection (c)(2); and
``(ii) located in a designated disaster
area; and
``(B) the term `designated disaster area' means any
area in the States of Alabama, Mississippi, and
Louisiana that was the subject of a disaster
declaration by the President under title IV of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in response to
Hurricanes Katrina and Rita of 2005.''.
(b) Section 811.--Section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), as amended by section 3 of
this Act, is further amended by adding at the end the following:
``(p) Approval of Rent Increases.--
``(1) In general.--The Secretary shall annually adjust the
rent levels on a budget-based basis of eligible projects to
support the increased cost of operating or rehabilitating such
projects.
``(2) Conditions.--Rent adjustments pursuant to this
section shall--
``(A) be subject to adjustment by the Secretary
based on differences between estimated and actual costs
of operating or rehabilitating such projects; and
``(B) not exceed the rent for comparable unassisted
units in the area.
``(3) Definitions.--As used in this section--
``(A) the term `eligible project' means a project
that is--
``(i) assisted under subsection (d)(2); and
``(ii) located in a designated disaster
area; and
``(B) the term `designated disaster area' means any
area in the States of Alabama, Mississippi, and
Louisiana that was the subject of a disaster
declaration by the President under title IV of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in response to
Hurricanes Katrina and Rita of 2005.''.
SEC. 6. PRESERVATION AND PROVISION OF PROJECT-BASED HOUSING FOR
AFFORDABLE HOUSING UNITS DAMAGED OR DESTROYED BY
HURRICANES KATRINA OR RITA.
(a) Report on Terminated Project-Based Contracts in Designated
Disaster Area.--Not later than 45 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall provide
a report to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives detailing--
(1) information on the number of project-based assistance
contracts and units which were terminated in the designated
disaster area after September 30, 2005;
(2) information on the specific developer, project name,
location, number of units, and project description for each
project-based assistance contract which was terminated in the
designated disaster area after September 2005; and
(3) such additional information as the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
shall reasonably require.
(b) Tolling of Contract Term.--
(1) In general.--Notwithstanding any other provision of
law, a project-based assistance payments contract for a covered
assisted multifamily housing project shall not expire or be
terminated because of the damage or destruction of dwelling
units in the project as a result of Hurricane Katrina or
Hurricane Rita.
(2) Expiration date.--The expiration date of the contract
for a covered assisted multifamily housing project described
under paragraph (1) shall be deemed to be the later of--
(A) the date specified in the contract; or
(B) the date that is not less than 3 months after
the dwelling units in such project, or in a replacement
project, are first made habitable.
(c) Owner Proposals for Reuse or Resiting of Affordable Units.--
Pursuant to section 215 of title II of division K of Public Law 110-161
(121 Stat. 2433), the Secretary of Housing and Urban Development shall,
not later than October 1, 2009, promptly review and approve--
(1) any feasible proposal made by the owner of a covered
assisted multifamily housing project submitted to the Secretary
that provides for the rehabilitation of such project and the
resumption of use of the project-based assistance under the
contract for such project; or
(2) the transfer, subject to the conditions established
under section 215(b) of title II of division K of Public Law
110-161, of the contract for such covered assisted multifamily
housing project, or in the case of a covered assisted
multifamily housing project with an interest reduction payments
contract, of the remaining budget authority under the contract,
to a receiving project or projects.
(d) Definitions.--For purposes of this section--
(1) the term ``covered assisted multifamily housing
project'' means housing that--
(A) meets one of the conditions established in
section 215(c)(2) of title II of division K of Public
Law 110-161;
(B) was damaged or destroyed by Hurricane Katrina
or Hurricane Rita of 2005; and
(C) is located in an area in the States of Alabama,
Mississippi, and Louisiana that was the subject of a
disaster declaration by the President under title IV of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in response to
Hurricane Katrina or Hurricane Rita of 2005;
(2) the term ``designated disaster area'' means any area in
the States of Alabama, Mississippi, and Louisiana that was the
subject of a disaster declaration by the President under title
IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in response to
Hurricanes Katrina and Rita of 2005;
(3) the term ``project-based assistance'' has the same
meaning as in section 215(c)(3) of title II of division K of
Public Law 110-161; and
(4) the term ``receiving project or projects'' has the same
meaning as in section 215(c)(4) of title II of division K of
Public Law 110-161.
SEC. 7. HOUSING DISASTER PLAN.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Housing and Urban Development shall--
(1) develop a written disaster response plan for federally
assisted properties, including for properties that receive
assistance pursuant to--
(A) section 202 of the Housing Act of 1959 (12
U.S.C. 1701q); and
(B) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013); and
(2) submit such plan to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives. | Gulf Coast Multifamily and Assisted Housing Recovery Act - Amends the Housing Act of 1959 to authorize additional appropriations to the Secretary of Housing and Urban Development to provide assistance to private nonprofit organizations and consumer cooperatives to expand the supply of supportive housing for low-income elderly persons meeting certain criteria relating to Hurricanes Katrina and Rita in 2005.
Amends the Cranston-Gonzalez National Affordable Housing Act to authorize additional appropriations to the Secretary to provide the same kind of assistance for low-income persons with disabilities.
Authorizes appropriations for the redevelopment (rebuilding or replacement) of housing authorized under the Housing Act of 1959 which was damaged or destroyed by Hurricane Katrina in New Orleans and in the Parish of St. Bernard.
Requires the Secretary to adjust the rent levels annually on a budget-based basis for eligible projects in a designated disaster area receiving rental assistance under the Housing Act of 1959 and the Cranston-Gonzalez National Affordable Housing Act.
Requires the Secretary to report to specified congressional committees on: (1) the number of project-based assistance contracts and units which were terminated in the designated disaster area after September 30, 2005; and (2) the specific developer, project name, location, number of units, and project description for each such project-based assistance contract.
Prohibits a project-based assistance payments contract for a covered assisted multifamily housing project from expiring or being terminated because of the damage or destruction of dwelling units in the project by Hurricane Katrina or Hurricane Rita.
Deems the expiration date of such a contract to be the later of the date: (1) specified in the contract; or (2) that is not less than three months after the dwelling units in such project, or in a replacement project, are first made habitable.
Requires the Secretary to develop and report to specified congressional committees on a written disaster response plan for federally assisted properties that receive assistance pursuant to such Acts. | {"src": "billsum_train", "title": "To provide additional funds for affordable housing for low-income seniors, disabled persons, and others who lost their homes as a result of Hurricanes Katrina and Rita."} | 2,931 | 430 | 0.645161 | 1.946685 | 0.748728 | 4.807588 | 6.96748 | 0.926829 |
SECTION 1. ESTABLISHMENT OF NONDEDUCTIBLE TAX-FREE INDIVIDUAL
RETIREMENT ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to pension, profit-
sharing, stock bonus plans, etc.) is amended by inserting after section
408 the following new section:
``SEC. 408A. SPECIAL INDIVIDUAL RETIREMENT ACCOUNTS.
``(a) General Rule.--Except as provided in this section, a special
individual retirement account shall be treated for purposes of this
title in the same manner as an individual retirement plan.
``(b) Special Individual Retirement Account.--For purposes of this
title, the term `special individual retirement account' means an
individual retirement plan which is designated at the time of
establishment of the plan as a special individual retirement account.
``(c) Treatment of Contributions.--
``(1) No deduction allowed.--No deduction shall be allowed
under section 219 for a contribution to a special individual
retirement account.
``(2) Contribution limit.--The aggregate amount of
contributions for any taxable year to all special individual
retirement accounts maintained for the benefit of an individual
shall not exceed the excess (if any) of--
``(A) the maximum amount allowable as a deduction
under section 219 with respect to such individual for
such taxable year (determined without regard to section
219(g)), over
``(B) the amount so allowed.
``(3) Special rules for qualified transfers.--
``(A) In general.--No rollover contribution may be
made to a special individual retirement account unless
it is a qualified transfer.
``(B) Limit not to apply.--The limitation under
paragraph (2) shall not apply to a qualified transfer
to a special individual retirement account.
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as provided in this subsection,
any amount paid or distributed out of a special individual
retirement account shall not be included in the gross income of
the distributee.
``(2) Exception for earnings on contributions held less
than 5 years.--
``(A) In general.--Any amount distributed out of a
special individual retirement account which consists of
earnings allocable to contributions made to the account
during the 5-year period ending on the day before such
distribution shall be included in the gross income of
the distributee for the taxable year in which the
distribution occurs.
``(B) Ordering rule.--
``(i) First-in, first-out rule.--
Distributions from a special individual
retirement account shall be treated as having
been made--
``(I) first from the earliest
contribution (and earnings allocable
thereto) remaining in the account at
the time of the distribution, and
``(II) then from other
contributions (and earnings allocable
thereto) in the order in which made.
``(ii) Allocations between contributions
and earnings.--Any portion of a distribution
allocated to a contribution (and earnings
allocable thereto) shall be treated as
allocated first to the earnings and then to the
contribution.
``(iii) Allocation of earnings.--Earnings
shall be allocated to a contribution in such
manner as the Secretary may by regulations
prescribe.
``(iv) Contributions in same year.--Except
as provided in regulations, all contributions
made during the same taxable year may be
treated as 1 contribution for purposes of this
subparagraph.
``(C) Cross reference.--
``For additional tax for early
withdrawal, see section 72(t).
``(3) Qualified transfer.--
``(A) In general.--Paragraph (2) shall not apply to
any distribution which is transferred in a qualified
transfer to another special individual retirement
account.
``(B) Contribution period.--For purposes of
paragraph (2), the special individual retirement
account to which any contributions are transferred
shall be treated as having held such contributions
during any period such contributions were held (or are
treated as held under this subparagraph) by the special
individual retirement account from which transferred.
``(4) Special rules relating to certain transfers.--
``(A) In general.--Notwithstanding any other
provision of law, in the case of a qualified transfer
to a special individual retirement account from an
individual retirement plan which is not a special
individual retirement account--
``(i) there shall be included in gross
income any amount which, but for the qualified
transfer, would be includible in gross income,
but
``(ii) section 72(t) shall not apply to
such amount.
``(B) Time for inclusion.--In the case of any
qualified transfer which occurs before January 1, 1994,
any amount includible in gross income under
subparagraph (A) with respect to such contribution
shall be includible ratably over the 4-taxable year
period beginning in the taxable year in which the
amount was paid or distributed out of the individual
retirement plan.
``(e) Qualified Transfer.--For purposes of this section--
``(1) In general.--The term `qualified transfer' means a
transfer to a special individual retirement account from
another such account or from an individual retirement plan but
only if such transfer meets the requirements of section
408(d)(3).
``(2) Limitation.--A transfer otherwise described in
paragraph (1) shall not be treated as a qualified transfer if
the taxpayer's adjusted gross income for the taxable year of
the transfer exceeds the sum of the applicable dollar amount
plus $10,000. This paragraph shall not apply to a transfer from
a special individual retirement account to another special
individual retirement account.
``(3) Definitions.--For purposes of this subsection, the
terms `adjusted gross income' and `applicable dollar amount'
have the meanings given such terms by section 219(g)(3), except
subparagraph (A)(ii) thereof shall be applied without regard to
the phrase `or the deduction allowable under this section'.''
(b) Early Withdrawal Penalty.--Section 72(t) of such Code is
amended by adding at the end thereof the following new paragraph:
``(6) Rules relating to special individual retirement
accounts.--In the case of a special individual retirement
account under section 408A--
``(A) this subsection shall only apply to
distributions out of such account which consist of
earnings allocable to contributions made to the account
during the 5-year period ending on the day before such
distribution, and
``(B) paragraph (2)(A)(i) shall not apply to any
distribution described in subparagraph (A).''
(c) Excess Contributions.--Section 4973(b) of such Code is amended
by adding at the end thereof the following new sentence: ``For purposes
of paragraphs (1)(B) and (2)(C), the amount allowable as a deduction
under section 219 shall be computed without regard to section 408A.''
(d) Conforming Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of such Code is amended by
inserting after the item relating to section 408 the following new
item:
``Sec. 408A. Special individual
retirement accounts.''
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1993.
(2) Qualified transfers in 1993.--The amendments made by
this section shall apply to any qualified transfer during any
taxable year beginning in 1993. | Amends the Internal Revenue Code to establish special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permit nondeductible tax-free individual retirement accounts."} | 1,732 | 60 | 0.532594 | 1.171488 | 0.739534 | 1.470588 | 30.137255 | 0.764706 |
SECTION 1. REDUCTION IN INDIVIDUAL CAPITAL GAINS RATE ON STOCK OF
DOMESTIC MANUFACTURERS.
(a) General Rule.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended to read as follows:
``(h) Maximum Capital Gains Rate.--
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, then the tax imposed by this section shall
not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the taxable income reduced by the net capital gain,
``(B) 19 percent of the lesser of--
``(i) the 6-year qualified gain for the
taxable year, or
``(ii) the portion of the taxpayer's
taxable income for the taxable year which would
be taxed at a rate in excess of 15 percent
(determined without regard to this subsection),
``(C) the 23.5 percent of the lesser of--
``(i) the 3-year qualified gain for the
taxable year, or
``(ii) the excess of the amount described
in subparagraph (B)(ii) for the taxable year
over the 6-year qualified gain for such taxable
year, and
``(D) 28 percent of the excess (if any) of the net
capital gain for the taxable year over the sum of the
amounts taken into account under subparagraphs (B) and
(C).
``(2) 3-year qualified gain.--For purposes of this
subsection, the term `3-year qualified gain' means the lesser
of--
``(A) the net capital gain for the taxable year, or
``(B) the net capital gain for the taxable year
determined by taking into account only gain or loss
from the sale or exchange of qualified manufacturer's
stock with a post-1994 holding period of at least 3
years but less than 6 years.
``(3) 6-year qualified gain.--For purposes of this
subsection, the term `6-year qualified gain' means the lesser
of--
``(A) the excess of the net capital gain for the
taxable year over 3-year qualified gain, or
``(B) the net capital gain for the taxable year
determined by taking into account only gain or loss
from the sale or exchange of qualified manufacturer's
stock with a post-1994 holding period of at least 6
years.
``(4) Qualified manufacturer's stock.--For purposes of this
subsection, the term `qualified manufacturer's stock' means
stock of any domestic C corporation if any trade or business of
such corporation is described in any 2-digit Standard
Industrial Classification Code relating to manufacturing.
``(5) Post-1994 holding period.--For purposes of this
subsection, the term `post-1994 holding period' means the
portion of the holding period after December 31, 1994.
``(6) Treatment of pass-thru entities.--
``(A) In general.--In applying this subsection with
respect to any pass-thru entity, the determination of
the period for which any gain or loss is properly taken
into account shall be made at the entity level.
``(B) Pass-thru entity.--For purposes of
subparagraph (A), the term `pass-thru entity' means--
``(i) a regulated investment company,
``(ii) a real estate investment trust,
``(iii) an S corporation,
``(iv) a partnership,
``(v) an estate or trust, and
``(vi) a common trust fund.''
(b) Technical Amendments.--
(1)(A) Section 170(e)(1)(B) of such Code is amended by
inserting ``the applicable percentage of'' before ``the amount
of gain''.
(B) Section 170(e)(1) of such Code is amended by adding at
the end the following new sentence: ``For purposes of
subparagraph (B), the term `applicable percentage' means the
percentage determined by dividing the rate of tax imposed by
section 1(h) by 28, or, in the case of a corporation, the rate
of tax imposed by section 1201(a) by 35.''
(2)(A) The second sentence of section 7518(g)(6)(A) of such
Code is amended by striking ``28 percent (34 percent in the
case of a corporation)'' and inserting ``the rate of tax
determined under such section''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936, is amended by striking ``28 percent
(34 percent in the case of a corporation)'' and inserting ``the
rate of tax determined under such section''.
SEC. 2. REDUCTION IN CORPORATE CAPITAL GAINS RATE ON STOCK OF DOMESTIC
MANUFACTURERS.
(a) General Rule.--Section 1201 of the Internal Revenue Code of
1986 (relating to alternative tax for corporations) is amended by
redesignating subsection (b) as subsection (c) and by striking
subsection (a) and inserting the following:
``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by section 11, 511,
or 831(a) (whichever applies), there is hereby imposed a tax (if such
tax is less than the tax imposed by such section) which shall consist
of the sum of--
``(1) a tax computed on the taxable income reduced by the
net capital gain, at the same rates and in the same manner as
if this subsection had not been enacted,
``(2) 19 percent of the lesser of--
``(A) the 6-year qualified gain for the taxable
year, or
``(B) the portion of the taxpayer's taxable income
for the taxable year which would be taxed at a rate in
excess of 15 percent (determined without regard to this
subsection),
``(3) 23.5 percent of the lesser of--
``(A) the 3-year qualified gain for the taxable
year, or
``(B) the excess of the amount described in
paragraph (2)(B) for the taxable year over the 6-year
qualified gain for such taxable year, and
``(4) 35 percent of the excess (if any) of the net capital
gain for the taxable year over the sum of the amounts taken
into account under paragraph (2) and (3).
``(b) Definitions and Special Rule.--For purposes of subsection
(a)--
``(1) 3-year qualified gain and 6-year qualified gain.--The
terms `3-year qualified gain' and `6-year qualified gain' have
the respective meanings given to such terms by section 1(h).
``(2) Treatment of pass-thru entities.--Section 1(h)(6)
shall apply for purposes of this section.''
(b) Technical Amendment.--Clause (iii) of section 852(b)(3)(D) of
such Code is amended by striking ``65 percent'' and inserting ``the
applicable percentage '' and by adding at the end the following new
sentence: ``For purposes of the preceding sentence, the term
`applicable percentage' means 100 percent minus the percentage
applicable under section 1201(a)).''.
SEC. 3. INDEXING OF QUALIFIED MANUFACTURER'S STOCK FOR PURPOSES OF
DETERMINING GAIN OR LOSS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basis rules of general
application) is amended by inserting after section 1021 the following
new section:
``SEC. 1022. INDEXING OF QUALIFIED MANUFACTURER'S STOCK FOR PURPOSES OF
DETERMINING GAIN OR LOSS.
``(a) General Rule.--Except as otherwise provided in this
subsection, if any qualified manufacturer's stock which has been held
for more than 3 years (taking into account only the portion of the
holding period after December 31, 1994) is sold or otherwise disposed
of, for purposes of this title the indexed basis of the stock shall be
substituted for its adjusted basis.
``(b) Qualified Manufacturer's Stock.--For purposes of this
section, the term `qualified manufacturer's stock' means stock of any
domestic C corporation if--
``(1) any trade or business of such corporation is
described in any 2-digit Standard Industrial Classification
Code relating to manufacturing, and
``(2) such stock is a capital asset in the hands of the
taxpayer.
``(c) Indexed Basis.--For purposes of this section--
``(1) General rule.--The indexed basis for any stock is--
``(A) the adjusted basis of the stock, multiplied
by
``(B) the applicable inflation ratio.
``(2) Applicable inflation ratio.--The applicable inflation
ratio for any stock is the percentage arrived at by dividing--
``(A) the gross domestic product deflator for the
calendar quarter in which the disposition takes place,
by
``(B) the gross domestic product deflator for the
calendar quarter in which the stock was acquired by the
taxpayer (or, if later, the calendar quarter ending on
December 31, 1994).
The applicable inflation ratio shall never be less than 1. The
applicable inflation ratio for any stock shall be rounded to
the nearest \1/1000\.
``(3) Gross domestic product deflator.--The gross domestic
product deflator for any calendar quarter is the implicit price
deflator for the gross domestic product for such quarter (as
shown in the first revision thereof).
``(d) Treatment of Regulated Investment Companies and Real Estate
Investment Trusts.--
``(1) Adjustments at entity level.--
``(A) In general.--Except as otherwise provided in
this paragraph, the adjustment under subsection (a)
shall be allowed to any qualified investment entity
(including for purposes of determining the earnings and
profits of such entity).
``(B) Exception for qualification purposes.--This
section shall not apply for purposes of sections 851(b)
and 856(c).
``(2) Adjustments to interests held in entity.--
``(A) In general.--Stock in a qualified investment
entity shall be qualified manufacturer's stock for any
calendar month in the same ratio as the fair market
value of the qualified manufacturer's stock held by
such entity at the close of such month bears to the
fair market value of all assets of such entity at the
close of such month.
``(B) Ratio of 90 percent or more.--If the ratio
for any calendar month determined under subparagraph
(A) would (but for this subparagraph) be 90 percent or
more, such ratio for such month shall be 100 percent.
``(C) Ratio of 10 percent or less.--If the ratio
for any calendar month determined under subparagraph
(A) would (but for this subparagraph) be 10 percent or
less, such ratio for such month shall be zero.
``(D) Valuation of assets in case of real estate
investment trusts.--Nothing in this paragraph shall
require a real estate investment trust to value its
assets more frequently than once each 36 months (except
where such trust ceases to exist). The ratio under
subparagraph (A) for any calendar month for which there
is no valuation shall be the trustee's good faith
judgment as to such valuation.
``(3) Qualified investment entity.--For purposes of this
subsection, the term `qualified investment entity' means--
``(A) a regulated investment company (within the
meaning of section 851), and
``(B) a real estate investment trust (within the
meaning of section 856).
``(e) Other Pass-Thru Entities.--
``(1) Partnerships.--In the case of a partnership, the
adjustment made under subsection (a) at the partnership level
shall be passed through to the partners.
``(2) S corporations.--In the case of an S corporation, the
adjustment made under subsection (a) at the corporate level
shall be passed through to the shareholders.
``(3) Common trust funds.--In the case of a common trust
fund, the adjustment made under subsection (a) at the trust
level shall be passed through to the participants.
``(f) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(g) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
``(h) Special Rules.--For purposes of this section:
``(1) Treatment as separate stock.--A substantial
contribution to capital of a corporation shall be treated as
separate stock in such corporation.
``(2) Stock which is not qualified manufacturer's stock
throughout holding period.--The applicable inflation ratio
shall be appropriately reduced for periods during which stock
is not qualified manufacturer's stock.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a) to stock while such stock was held by the taxpayer, the
date of acquisition of such stock by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(i) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 of such Code is amended by inserting after
the item relating to section 1021 the following new item:
``Sec. 1022. Indexing of qualified
manufacturer's stock for
purposes of determining gain or
loss.''
(c) Adjustment To Apply for Purposes of Determining Earnings and
Profits.--Subsection (f) of section 312 of such Code (relating to
effect on earnings and profits of gain or loss and of receipt of tax-
free distributions) is amended by adding at the end thereof the
following new paragraph:
``(3) Effect on earnings and profits of indexed basis.--
For substitution of indexed basis for
adjusted basis in the case of the disposition of qualified
manufacturer's stock, see section 1022(a).''
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 1994. | Amends the Internal Revenue Code to reduce the rate of the individual and corporate capital gains tax on the sale or exchange of stock of qualified domestic manufacturers. Provides for indexing the basis of such stock which has been held for more than three years. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce the capital gains tax on stock of domestic corporations engaged in manufacturing and to index the basis of such stock for inflation."} | 3,473 | 52 | 0.485074 | 1.09343 | 0.169795 | 2.6875 | 65.75 | 0.895833 |
SECTION 1. CAPITAL GAINS DEDUCTION.
(a) General Rule.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended to read as follows:
``PART I--TREATMENT OF CAPITAL GAINS
``Sec. 1201. Capital gains deduction.
``SEC. 1201. CAPITAL GAINS DEDUCTION.
``(a) General Rule.--If for any taxable year a taxpayer has a net
capital gain, 30 percent of such gain shall be a deduction from gross
income.
``(b) Estate and Trusts.--In the case of an estate or trust, the
deduction shall be computed by excluding the portion (if any) of the
gains for the taxable year from sales or exchanges of capital assets
which, under sections 652 and 662 (relating to inclusions of amounts in
gross income of beneficiaries of trusts), is includible by the income
beneficiaries as gain derived from the sale or exchange of capital
assets.
``(c) Transitional Rule.--In the case of a taxable year in which
the date of the enactment of this sentence occurs, the amount taken
into account as the net capital gain under subsection (a) shall not
exceed the net capital gain determined by only taking into account
gains and losses properly taken into account for the portion of the
taxable year after such date of enactment.''
(b) Deduction Allowable in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting after
paragraph (13) the following new paragraph:
``(14) Long-term capital gains.--The deduction allowed by
section 1201.''
(c) Technical and Conforming Changes.--
(1) Section 1 of such Code is amended by striking
subsection (j).
(2) Paragraph (1) of section 170(e) of such Code is amended
by striking ``the amount of gain'' in the material following
subparagraph (B)(ii) and inserting ``50 percent of the amount
of gain''.
(3)(A) Paragraph (2) of section 172(d) of such Code is
amended to read as follows:
``(2) Capital gains and losses.--
``(A) Losses of taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the amount deductible on account of losses
from sales or exchanges of capital assets shall not
exceed the amount includible on account of gains from
sales or exchanges of capital assets.
``(B) Deduction under section 1201.--The deduction
under section 1201 shall not be allowed.''
(B) Subparagraph (B) of section 172(d)(4) of such Code is
amended by striking ``paragraphs (1) and (3)'' and inserting
``paragraphs (1), (2)(B), and (3)''.
(4) Paragraph (4) of section 642(c) of such Code is amended
to read as follows:
``(4) Adjustments.--To the extent that the amount otherwise
allowable as a deduction under this subsection consists of gain
from the sale or exchange of capital assets held for more than
1 year, proper adjustment shall be made for any deduction
allowable to the estate or trust under section 1201 (relating
to deduction for excess of capital gains over capital losses).
In the case of a trust, the deduction allowed by this
subsection shall be subject to section 681 (relating to
unrelated business income).''
(5) Paragraph (3) of section 643(a) of such Code is amended
by adding at the end thereof the following new sentence: ``The
deduction under section 1201 (relating to deduction of excess
of capital gains over capital losses) shall not be taken into
account.''
(6) Paragraph (4) of section 691(c) of such Code is amended
by striking ``sections 1(j), 1201, and 1211'' and inserting
``sections 1201 and 1211''.
(7) The second sentence of section 871(a)(2) of such Code
is amended by inserting ``such gains and losses shall be
determined without regard to section 1201 (relating to
deduction for capital gains) and'' after ``except that''.
(8)(A) Subsection (b) of section 1211 of such Code is
amended by striking ``the lower of'' and all that follows down
through the period at the end thereof and inserting ``whichever
of the following is the smallest--
``(1) $3,000 ($1,500 in the case of a married individual
filing a separate return),
``(2) the excess of such losses over such gains, or
``(3) the sum of--
``(A) the excess of the net short-term capital loss
over the net long-term capital gain, and
``(B) one-half of the excess of the net long-term
capital loss over the net short-term capital gain.''
(B) So much of paragraph (2) of section 1212(b) of such
Code as precedes subparagraph (B) thereof is amended to read as
follows:
``(2) Special rules.--
``(A) Adjustments.--
``(i) For purposes of determining the
excess referred to in paragraph (1)(A), there
shall be treated as short-term capital gain in
the taxable year an amount equal to the lesser
of--
``(I) the amount allowed for the
taxable year under paragraph (1), (2),
or (3) of section 1211(b), or
``(II) the adjusted taxable income
for such taxable year.
``(ii) For purposes of determining the
excess referred to in paragraph (1)(B), there
shall be treated as short-term capital gain in
the taxable year an amount equal to the lesser
of--
``(I) the sum of the amount allowed
for the taxable year under paragraph
(1), (2), or (3) of section 1211(b),
and the excess of the amount so allowed
over the net short-term capital loss
(determined without regard to this
subsection) for such year, or
``(II) the adjusted taxable income
for such taxable year.''
(C) Clause (i) of section 1211(b)(2)(B) of such Code is
amended by striking ``paragraph (1) or (2)'' and inserting
``paragraph (1), (2), or (3)''.
(D) In the case of a taxable year in which the date of the
enactment of this Act occurs, proper adjustments in the
application of the provisions amended by this paragraph shall
be made to take into account the provisions of section 1201(c)
of such Code (as amended by subsection (a)).
(9) Paragraph (1) of section 1402(i) of such Code is
amended by inserting ``, and the deduction provided by section
1201 shall not apply'' before the period at the end thereof.
(10) Section 12 of such Code is amended by striking
paragraph (4) and redesignating the following paragraphs
accordingly.
(11) Paragraph (2) of section 527(b) of such Code is hereby
repealed.
(12) Paragraph (2) of section 801(a) of such Code is hereby
repealed.
(13) Subsection (c) of section 831(c) of such Code is
amended by striking paragraph (1) and redesignating the
following paragraphs accordingly.
(14)(A) Subparagraph (A) of section 852(b)(3) of such Code
is amended by striking ``, determined as provided in section
1201(a), on'' and inserting ``of 17 percent of''.
(B) Clause (iii) of section 852(b)(3)(D) of such Code is
amended--
(i) by striking ``66 percent'' and inserting ``83
percent'', and
(ii) by striking ``section 1201(a)'' and inserting
``subparagraph (A)''.
(15) Clause (ii) of section 857(b)(3)(A) of such Code is
amended by striking ``determined at the rate provided in
section 1201(a) on'' and inserting ``of 17 percent of''.
(16) Paragraph (1) of section 882(a) of such Code is
amended by striking ``section 11, 55, or 1201(a)'' and
inserting ``section 11 or 55''.
(17) Subsection (b) of section 904 of such Code is amended
by striking paragraphs (2)(B), (3)(B), (3)(D), and (3)(E).
(18) Subsection (b) of section 1374 of such Code is amended
by striking paragraph (4).
(19) Subsection (b) of section 1381 is amended by striking
``or 1201''.
(20) Clause (i) of section 6425(c)(1)(A) of such Code is
amended by striking ``or 1201(a)''.
(21) Clause (i) of section 6655(g)(1)(A) of such Code is
amended by striking ``or 1201(a)''.
(22)(A) The second sentence of section 7518(g)(6)(A) of
such Code is amended--
(i) by striking ``during a taxable year to which
section 1(j) or 1201(a) applies'', and
(ii) by striking ``28 percent (34 percent'' and
inserting ``14 percent (17 percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936 is amended--
(i) by striking ``during a taxable year to which
section 1(j) or 1201(a) of such Code applies'', and
(ii) by striking ``28 percent (34 percent'' and
inserting ``14 percent (17 percent''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act; except that the amendment made by subsection (c)(2) shall apply
only to contributions after such date of enactment. | Amends the Internal Revenue Code to allow a 30 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a 30-percent capital gains deduction for both corporate and noncorporate taxpayers."} | 2,252 | 31 | 0.49216 | 1.048043 | 0.212306 | 1.64 | 83 | 0.76 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Chance for Ex-Offenders Act
of 2000''.
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT
OFFENDERS.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter C the following new subchapter:
``SUBCHAPTER D--EXPUNGEMENT
``Sec.
``3631. Expungement of certain criminal records.
``3632. Requirements for expungement.
``3633. Procedure for expungement.
``3634. Effect of expungement.
``3635. Reversal of expunged records.
``3636. Unsealing of records.
``Sec. 3631. Expungement of certain criminal records
``(a) In General.--Any individual convicted of a nonviolent
criminal offense in a United States court who fulfills the requirements
of section 3632 may file a petition under this subchapter to expunge
the record of such conviction.
``(b) Definition of Nonviolent Criminal Offense.--In this
subchapter, the term `nonviolent criminal offense' means a misdemeanor
or felony that does not have as an element of the offense the use of a
weapon or violence in its commission and which did not actually involve
violence in its commission.
``Sec. 3632. Requirements for expungement
``No individual shall be eligible for expungement under this
subchapter unless, prior to filing a petition under this subchapter,
such individual--
``(1) has never been convicted of a violent misdemeanor or
felony;
``(2) has remained free from dependency on or abuse of
alcohol or a controlled substance for at least one year;
``(3) has obtained a high school diploma or completed a
high school equivalency program; and
``(4) has completed at least one year of community service,
as determined by the court referred to in section 3633(a).
``Sec. 3633. Procedure for expungement
``(a) Petition.--An individual meeting the requirements of section
3632 may file a petition under this subchapter with the Attorney
General to expunge the record of a conviction for a nonviolent criminal
offense. Not later than 60 days after receipt of such a petition, the
Attorney General shall submit such petition with a recommendation
regarding expungement to the United States district court for the
district in which the conviction was obtained. The Attorney General
shall notify the petitioner of his recommendation within such 60-day
period. If the Attorney General recommends expungement, the court shall
grant an order expunging the records that are the subject to the
petition.
``(b) Appeal.--If the Attorney General does not recommend
expungement of the records, the petitioner may, not later than 90 days
after receiving notification from the Attorney General of such
recommendation, appeal such denial in the United States district court
for the district in which the conviction was obtained.
``Sec. 3634. Effect of expungement
``(a) In General.--An order granting expungement under this
subchapter shall restore the individual concerned, in the contemplation
of the law, to the status such individual occupied before the arrest or
institution of criminal proceedings for the crime that was the subject
of the expungement.
``(b) No Disqualification; Statements.--After an order granting
expungement of any individual's criminal records under this subchapter,
such individual shall not be required to divulge information pertaining
to the expunged conviction and the fact that such individual has been
convicted of the criminal offense concerned shall not--
``(1) operate as a disqualification of such individual to
pursue or engage in any lawful activity, occupation,
profession, and
``(2) held under any provision of law guilty of perjury,
false answering, or making a false statement by reason of his
failure to recite or acknowledge such arrest or institution of
criminal proceedings, or results thereof, in response to an
inquiry made of him for any purpose.
``(c) Records Expunged or Sealed.--Upon order of expungement, all
official law enforcement and court records, including all references to
such person's arrest for the offense, the institution of criminal
proceedings against him, and the results thereof, except publicly
available court opinions or briefs on appeal, shall be expunged (in the
case of nontangible records) or gathered together and sealed (in the
case of tangible records).
``(d) Record of Disposition To Be Retained.--A nonpublic record of
a disposition or conviction that is the subject of an expungement order
shall be retained only by the Department of Justice solely for the
purpose of use by the courts in any subsequent adjudication.
``Sec. 3635. Disclosure of expunged records
``(a) Law Enforcement Purposes.--The Department of Justice may
release the record of an individual's criminal conviction expunged
under this subchapter to Federal or State law enforcement agencies and
United States attorneys and district attorneys--
``(1) for the purpose of prosecuting such individual for
any subsequent criminal offense and adjudicating such case; or
``(2) if such individual has made an application for
employment as a law enforcement officer, if such individual is
given notice of the disclosure and an opportunity to explain
the conviction.
``(b) Punishment for Improper Disclosure.--Except as provided in
subsection (a), whoever knowingly disseminates information relating to
an expunged conviction, other than the individual whose conviction was
expunged, or to such individual, shall be punished by imprisonment for
not less than one year and a fine of not more than $10,000 for each
offense.
``Sec. 3636. Reversal of expunged records
``The records expunged under this subchapter shall be restored by
operation of law as public records and may be used in all court
proceedings if the individual whose conviction was expunged is
subsequently convicted of any misdemeanor or felony in any court of the
United States.''.
(b) Technical Amendment.--The analysis for chapter 229 of title 18,
United States Code, is amended by adding at the end the following item:
``D. Expungement......................................... 3631''.
(d) Effective Date.--The amendments made by this Act shall apply to
individuals convicted of an applicable crime at any time before or
after the date of enactment of this Act. | Authorizes the Department of Justice to release an expunged record to Federal or State law enforcement agencies and U.S. attorneys and district attorneys for limited purposes.
Requires the restoration of expunged records of individuals subsequently convicted of any misdemeanor or felony in any U.S. court. | {"src": "billsum_train", "title": "Second Chance for Ex-Offenders Act of 2000"} | 1,538 | 72 | 0.493476 | 1.231457 | 0.683858 | 4.104167 | 26.708333 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Access to Formulated and
Effective Compounded Drugs Act of 2012'' or the ``S.A.F.E. Compounded
Drugs Act of 2012''.
SEC. 2. ENHANCED REQUIREMENTS FOR COMPOUNDED DRUGS.
(a) In General.--Section 503A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353a) is amended--
(1) in subsection (a)(1)(A), by inserting ``that is
registered with the Secretary under subsection (b)(6) (or is
subject to the exception under subsection (b)(6)(C))'' after
``State licensed pharmacy'';
(2) in subsection (b)--
(A) in paragraph (1)(D), by striking ``regularly or
in inordinate amounts (as defined by the Secretary)'';
and
(B) by adding at the end the following:
``(4) Notification.--
``(A) Prescriber notification.--Before providing a
prescription order for a drug to be compounded under
subsection (a), the physician or other licensed
practitioner who will write such order shall--
``(i) inform the individual patient for
whom such order is being written that a
compounded drug is being prescribed; and
``(ii) provide such patient with a written
document containing information concerning the
availability, safety, and production of
compounded drugs.
``(B) Confirmation by pharmacist.--Except in the
case of a compounded drug product used in a procedure
described in subparagraph (C), a licensed pharmacist or
licensed physician who dispenses a compounded drug
under subsection (a) shall, at the time such drug is
dispensed--
``(i) confirm that the patient (or the
individual to whom the drug is delivered on
behalf of the patient) understands that the
drug is a compounded drug; and
``(ii) provide a written document
containing the information described in
subparagraph (A)(ii).
``(C) Provider notification.--Prior to providing a
health care service that will be conducted by a health
care provider in a health care setting (such as a
hospital or a physician's office) and during which
service a drug compounded under subsection (a) will be
administered to a patient for purposes of treating such
patient, the health care provider shall--
``(i) inform the patient that a compounded
drug will be used during the procedure; and
``(ii) provide such patient with a written
document containing the information described
in subparagraph (A)(ii).
``(5) Labeling.--
``(A) In general.--A drug product compounded under
subsection (a) shall be clearly labeled as a `non-FDA
approved compounded drug product'.
``(B) Development of requirements.--In determining
the requirements for the label under subparagraph (A),
the Secretary--
``(i) shall establish, and consult with, a
temporary advisory committee on compounded drug
product labeling requirements; and
``(ii) may establish different labeling
requirements for--
``(I) a compounded drug product
intended for use by a health care
provider in an office or treatment
setting; and
``(II) a compounded drug product
intended for any use not described in
subclause (I).
``(6) Registration.--
``(A) Establishment of process.--The Secretary, in
consultation with experts and representatives of
stakeholders including pharmacies, compounding
pharmacies, State regulators, and health care
providers, shall establish a process for pharmacies
described in subsection (a)(1)(A) to register as a
compounding pharmacy. Such registration shall be
conducted through an electronic method.
``(B) Registration requirement.--Except as provided
in subparagraph (C), in order to be registered with the
Secretary for purposes of subsection (a)(1)(A), every
person who owns or operates a pharmacy shall submit to
the Secretary, in such time and manner as the Secretary
may require--
``(i) contact information for the pharmacy;
``(ii) the State or States that the
pharmacy is licensed in;
``(iii) the methods used by the facility in
compounding; and
``(iv) any additional information required
by the Secretary, which may include the
quantity of product compounded at such pharmacy
for the purpose of determining if a drug
manufacturing facility is inappropriately
registering as a compounding pharmacy.
``(C) Exception.--A pharmacy shall be exempt from
the requirement to register under subsection (a)(1)(A)
if the pharmacy--
``(i) employs fewer than 20 full-time
employees (or 20 full-time equivalents); and
``(ii) performs traditional compounding of
drug products for use in a single State.''; and
(3) by adding at the end the following:
``(g) Database.--
``(1) In general.--The Secretary shall establish and
maintain a database of information on pharmacies compounding
drug products under subsection (a) that are licensed in more
than one State, including--
``(A) the minimum standards for a compounding
pharmacy license in each State;
``(B) relevant information provided to the
Secretary by State agencies that regulate pharmacies;
and
``(C) other information determined relevant by the
Secretary.
``(2) Design.--The database under paragraph (1)--
``(A) shall be accessible, as determined
appropriate by the Secretary, to State agencies that
regulate pharmacies that compound drug products;
``(B) shall enable States and the Secretary to
share information to ensure appropriate oversight of
pharmacies that compound drug products; and
``(C) shall be used by the Secretary to inform the
Federal inspection and oversight of pharmacies that
compound drug products to ensure that issues and
pharmacies identified in the database receive
appropriate oversight.
``(h) Minimum Standards.--
``(1) The Secretary shall establish minimum standards for
the safe production of compounded drug products.
``(2) The Secretary shall determine these minimum standards
and shall determine the drug products that must meet the
minimum standards.
``(3) The standards may include but is not limited to the
intended route of administration and if the drug is sterile or
non-sterile. If appropriate, the Secretary may consider the
different types of drug products and set appropriate minimum
standards for specific drug types or drug uses.
``(i) Training.--The Secretary shall conduct a series of regional
training opportunities for State agencies that regulate pharmacies that
compound drug products. These training opportunities should include
information on the minimum standards discussed in (h), sample
inspection protocol, and recordkeeping to facilitate the inclusion of
State findings and inspections into the database discussed in (g).''.
(b) Deadlines and Advisory Committees.--
(1) Deadline for issuance of regulations.--Not later than
18 months after the date of enactment of this Act, the
Secretary of Health and Human Services shall issue regulations
to implement--
(A) paragraphs (4) and (5) of section 503A(b) of
the Federal Food, Drug, and Cosmetic Act, as added by
subsection (a); and
(B) subsection (g) of section 503A of such Act.
(2) Labeling advisory committee.--
(A) Establishment.--The Secretary of Health and
Human Services shall establish an advisory committee on
labeling (as defined in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321)) of
compounded drug products and shall consult such
committee in the development of the regulations under
paragraph (1)(A).
(B) Membership.--The advisory committee shall
include representatives of patients or consumers,
health care providers, compounding pharmacies, State
agencies that regulate compounding pharmacies, and at
least one member with expertise on clearly
communicating information in such labeling of drugs.
(C) Meetings.--The advisory committee shall hold an
initial meeting not later than 6 months after the date
of enactment of this Act.
(D) Recommendations.--Not later than 12 months
after the date of enactment of this Act, the advisory
committee shall submit to the Secretary of Health and
Human Services recommendations on the regulations under
paragraph (1)(A), including recommendations on the type
of information and language that should be included on
the labels of drug products that are compounded
pursuant to section 503A of the Federal Food, Drug, and
Cosmetic Act.
(E) Termination.--The advisory committee under this
subparagraph shall terminate upon the submission of the
recommendations under subparagraph (D).
(3) Database advisory committee.--
(A) Establishment.--The Secretary of Health and
Human Services shall establish an advisory committee on
the database described in section 503A(g) of the
Federal Food, Drug, and Cosmetic Act, as added by
subsection (a), and shall consult such committee in the
development of the regulations under paragraph (1)(B).
(B) Membership.--The advisory committee shall
include representatives of patients or consumers,
health care providers, compounding pharmacies, State
agencies that regulate compounding pharmacies, and
information technology experts.
(C) Meetings.--The advisory committee shall hold an
initial meeting not later than 6 months after the date
of enactment of this Act.
(D) Recommendations.--Not later than 12 months
after the date of enactment of this Act, the advisory
committee shall submit to the Secretary of Health and
Human Services recommendations on the regulations under
paragraph (1)(B).
(E) Termination.--The advisory committee under this
subparagraph shall terminate upon the submission of the
recommendations under subparagraph (D).
(4) Permanent advisory committee on pharmacy compounding.--
The Secretary shall convene the Advisory Committee on Pharmacy
Compounding as appropriate to consider issues related to the
safety and availability of compounded drug products.
SEC. 3. REPORTS AND STUDIES.
(a) Biannual Reports.--Not later than 6 months after the date of
enactment of this Act, and at the end of each succeeding 6-month period
that ends before the 25th month after the date of enactment of this
Act, the Secretary of Health and Human Services shall submit to the
Congress a report on the status of the implementation of the
requirements of this Act, and the amendments made by this Act.
(b) Third-Party Accreditation.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall submit to the
Congress a report that contains--
(1) a review of the standards used by organizations that
provide accreditation to compounding pharmacies; and
(2) an evaluation of the effectiveness of such standards in
ensuring the production of safe and effective compounded drug
products.
(c) Structure of State Oversight.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall submit to the
Congress a report that contains--
(1) a review of the models used by States to structure
their oversight of pharmacies that compound drug products,
including the structure of the agency or office responsible for
oversight and its relationship with the industry that it
regulates; and
(2) consideration of how the structure and relationship of
State regulators may impact the development and enforcement of
regulations to ensure safe compounded drug products.
(d) GAO Report.--The Comptroller General of the United States shall
review--
(1) the extent to which Federal health care programs (as
such term is defined in section 1128B(f) of the Social Security
Act (42 U.S.C. 1320a-7b)) ensure that compounded drug products
which are paid for by such programs are compounded in
facilities that comply with the requirements of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
(2) whether the reimbursement rates for compounded drug
products under such Federal health care programs are
appropriate, taking into consideration the cost of production
of such compounded drug products; and
(3) whether such Federal health care programs encourage the
use of compounded drug products in place of otherwise available
lawfully marketed drug products.
SEC. 4. PROHIBITIONS AND PENALTIES.
(a) Prohibition of Violations of Section 503A.--Section 301(d) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(d)) is amended
by inserting ``503A,'' before ``505,''.
(b) Penalties.--Section 303(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at the end the
following:
``(8) Notwithstanding subsection (a), any person who
violates section 301(d) with respect to any compounded drug
product--
``(A) knowingly and intentionally to defraud or
mislead; or
``(B) with conscious or reckless disregard of a
risk of death or serious bodily injury,
shall be fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.''. | Supporting Access to Formulated and Effective Compounded Drugs Act of 2012 or S.A.F.E. Compounded Drugs Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounded drugs.
Eliminates authority for compounding pharmacies to compound any drug product that is a copy of a commercially available drug.
Establishes notification requirements before a patient is prescribed, dispensed, or administered a compounded drug, which must include providing the patient a document concerning the availability, safety, and production of such drugs.
Requires a drug product compounded under the FFDCA to be clearly labeled as a “non-FDA approved compounded drug product.” Authorizes the Secretary of Health and Human Services (HHS) to establish different labeling requirements for compounded drugs.
Requires the Secretary to establish a process for pharmacies to register as compounding pharmacies. Exempts pharmacies that employ fewer than 20 full-time employees and perform traditional compounding of drug products for use in a single state.
Requires the Secretary to: (1) establish a database of information on compounding pharmacies licensed in more than one state for oversight purposes, (2) establish minimum standards for the safe production of compounded drugs as well as for which drugs must meet those standards, and (3) conduct regional training for state agencies that regulate compounding pharmacies.
Directs the Secretary to establish advisory committees on labeling of compounded drugs and on the database under this Act. Requires the Secretary to convene an Advisory Committee on Pharmacy Compounding as appropriate to consider issues related to the safety and availability of compounded drugs. | {"src": "billsum_train", "title": "To amend chapter V of the Federal Food, Drug, and Cosmetic Act to enhance the requirements for pharmacies that compound drug products."} | 2,965 | 382 | 0.625424 | 1.761971 | 0.82305 | 3.367893 | 8.869565 | 0.906355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White House Conference on Haiti Act
of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Haiti is the poorest country in the Western Hemisphere.
(2) On January 12, 2010, a 7.0 magnitude earthquake struck
the country of Haiti.
(3) The earthquake caused massive devastation across Haiti,
destroying government buildings, hospitals, schools, and vital
aid offices including the headquarters of the United Nations
mission to Haiti.
(4) An estimated 3,000,000 people have been directly
affected by the disaster in Haiti, nearly one-third of the
country's population, who are currently at risk of long-term
displacement and vulnerability.
(5) Prior to the earthquake, Haiti was still in the process
of recovering from a recent series of hurricanes and tropical
storms, previous natural disasters, and food shortages and
rising commodity prices, but was showing encouraging signs of
improvement.
(6) President Obama vowed the ``unwavering support'' of the
United States and pledged a ``swift, coordinated and aggressive
effort to save lives and support the recovery in Haiti''.
(7) Prior to the earthquake, there were approximately
10,000 nongovernmental organizations operating in Haiti.
(8) At least 3,000,000 Haitians live abroad.
(9) Haitians abroad provide significant capital to local
economies in Haiti through travel and remittances and have the
potential to advance reconstruction efforts by providing needed
skills and resources.
(10) The response to the tragedy from the global community
has been overwhelmingly positive.
(11) Individuals, businesses, and philanthropic
organizations across the United States and throughout the
international community have responded in support of Haiti
during this time of crisis.
SEC. 3. AUTHORIZATION OF THE CONFERENCE.
(a) Authority To Call Conference.--Not later than December 31,
2010, the President shall call the White House Conference on Haiti (in
this Act referred to as the ``Conference'') to be convened not later
than 6 months after the selection of the Policy Committee established
in section 4, in order to make fundamental policy recommendations on
ways to assist in the recovery and long-term development of Haiti.
(b) Planning and Direction.--The Secretary of State and the
Secretary of Homeland Security (in this Act referred to as the ``Co-
chairs'') shall plan, conduct, and convene the Conference, in
consultation with other appropriate Cabinet members.
(c) Purposes of Conference.--The purposes of the Conference are
to--
(1) bring attention to the ongoing challenges facing Haiti
and the progress made in its recovery from the January 12,
2010, earthquake;
(2) promote collaboration and coordination between the
United States Government, foreign governments, the private
sector, international nongovernmental organizations, and the
Haitian diaspora;
(3) identify gaps or duplication in the provision of
humanitarian assistance;
(4) highlight innovative ideas for sustainable rebuilding
and redevelopment in Haiti;
(5) share best practices in development assistance in Haiti
and in nations facing similar challenges;
(6) develop opportunities for greater involvement in
Haiti's recovery by the Haitian diaspora and the private
sector;
(7) review the structure, scope, and effectiveness of
existing policies and initiatives by public and private
entities regarding development assistance, stability, and long-
term economic growth in Haiti; and
(8) identify possible changes to United States immigration,
trade, and foreign aid policies that may assist in a more
rapid, sustainable recovery.
SEC. 4. POLICY COMMITTEE; RELATED COMMITTEES.
(a) Establishment.--Not later than June 30, 2010, there is
established a Policy Committee comprising of 17 members to be selected
as follows:
(1) Presidential appointees.--Nine members shall be
selected by the President and shall include--
(A) 3 members who are officers or employees of the
United States; and
(B) 6 members with experience in addressing the
needs of disaster-stricken and developing countries.
(2) House appointees.--
(A) Selection by speaker.--Two members shall be
selected by the Speaker of the House of Representatives
after consultation with the chairperson of the
Committee on Foreign Affairs, the chairperson of the
Committee on Homeland Security, the chairperson of the
Committee on the Judiciary, the chairperson of the
Committee on Energy and Commerce, and the chairperson
of the Committee on Financial Services, of the House of
Representatives.
(B) Selection by minority leader.--Two members
shall be selected by the minority leader of the House
of Representatives, after consultation with the ranking
minority members of such committees.
(3) Senate appointees.--
(A) Selection by majority leader.--Two members
shall be selected by the majority leader of the Senate,
after consultation with members of the Committee on
Foreign Relations, the Committee on Homeland Security
and Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on
Finance, of the Senate.
(B) Selection by minority leader.--Two members
shall be selected by the minority leader of the Senate,
after consultation with members of such committees.
(b) Voting; Chairperson.--
(1) Voting.--The Policy Committee shall act by the vote of
a majority of the members present. A quorum of Committee
members shall not be required to conduct Committee business.
(2) Chairperson.--The Under Secretary of State for Public
Diplomacy and Public Affairs shall serve as the chairperson of
the Policy Committee. The chairperson may vote only to break a
tie vote of the other members of the Policy Committee.
(c) Duties of the Policy Committee.--The Policy Committee shall
initially meet at the call of the Co-chairs, not later than 30 days
after the last member is selected under subsection (a). Subsequent
meetings of the Policy Committee shall be held at the call of the
chairperson. Through meetings, hearings, and working sessions, the
Policy Committee shall--
(1) make recommendations to the Co-chairs to facilitate the
timely convening of the Conference;
(2) submit to the Co-chairs a proposed agenda for the
Conference not later than 90 days after the first meeting of
the Policy Committee;
(3) make recommendations for the delegates of the
Conference;
(4) establish the number of delegates to be selected under
section 5; and
(5) establish an executive committee consisting of 3
members of the Policy Committee to work with delegates of the
Conference.
SEC. 5. CONFERENCE DELEGATES.
To carry out the purposes of the Conference, the Co-chairs shall
bring together delegates representative of the spectrum of thought in
the fields of development and humanitarian assistance, infrastructure
development, trade, democratic strengthening, and Haitian culture and
history, without regard to political affiliation or past partisan
activity, who shall include--
(1) representatives of the United States and international
governments;
(2) members of the Haitian diaspora;
(3) representatives of international nongovernmental
organizations; and
(4) individuals from private sector entities.
SEC. 6. CONFERENCE ADMINISTRATION.
(a) Administration.--In administering this section, the Co-chairs
shall--
(1) provide written notice to all members of the Policy
Committee of each meeting, hearing, or working session of such
Committee not later than 48 hours before the occurrence of such
meeting, hearing, or working session;
(2) request the cooperation and assistance of the heads of
such other Federal departments and agencies as may be
appropriate, including the detailing of personnel;
(3) make available for public comment a proposed agenda
prepared by the Policy Committee, which will reflect to the
greatest extent possible the major issues facing assistance to
Haiti with the purposes of the Conference set forth in section
3(c);
(4) prepare and make available background materials that
the Co-chairs deem necessary for the use of delegates to the
Conference; and
(5) employ such additional personnel as may be necessary to
carry out the provisions of this Act without regard to
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(b) Duties.--In carrying out the Co-chairs's responsibilities and
functions under this section, the Co-chairs shall ensure that--
(1) the proposed agenda prepared under subsection (a)(3) is
published in the Federal Register not later than 30 days after
such agenda is approved by the Policy Committee;
(2) the personnel employed under subsection (a)(5) are
fairly balanced in terms of points of views represented and are
appointed without regard to political affiliation or previous
partisan activities;
(3) the recommendations of the Conference are not
inappropriately influenced by any public official or by any
special interest, but instead are the result of the independent
and collective judgment of the delegates of the Conference; and
(4) before the Conference is convened--
(A) current and adequate statistical data and other
information on health and social outcomes in Haiti, and
(B) such information as may be necessary to
evaluate programs and policies relating to Haiti,
which the Co-chairs may obtain by making grants to or entering
into an agreement with, public agencies or nonprofit
organizations, are readily available in advance of the
Conference to the delegates.
(c) Gifts.--The Co-chairs may accept, on behalf of the United
States, gifts (in cash or in kind, including voluntary and
uncompensated services), which shall be available to carry out this
Act. Gifts of cash shall be available in addition to amounts
appropriated to carry out this title. Gifts may be earmarked by the
donor or the executive committee for a specific purpose.
(d) Records.--The Co-chairs shall maintain records regarding--
(1) the sources, amounts, and uses of gifts accepted under
subsection (c); and
(2) the identity of each person receiving assistance to
carry out this Act, and the amount of such assistance received
by each such person.
SEC. 7. REPORT OF THE CONFERENCE.
(a) Preliminary Report.--Not later than 100 days after the
Conference adjourns, the Policy Committee shall prepare a preliminary
report on the Conference which shall be published in the Federal
Register and submitted to Members of Congress and relevant
administration officials. The Policy Committee shall request that
Members of Congress and administration officials submit to the Policy
Committee, not later than 45 days after receiving such report, their
views and findings on such report.
(b) Final Report.--Not later than 6 months after the date on which
the Conference adjourns, the Policy Committee shall--
(1) prepare a final report of the Conference which shall
include a compilation of the views and findings of the Members
of Congress and administration officials received under
subsection (a); and
(2) publish in the Federal Register, and transmit to the
President and to Congress, the recommendations for the
administrative action and the legislation necessary to
implement the recommendations contained in such report.
SEC. 8. STATUS REPORTS.
(a) Initial Status Report.--Not later than 1 year after the date on
which the Conference adjourns, the Under Secretary of State for Public
Diplomacy and Public Affairs shall--
(1) prepare a status report documenting the implementation
of the recommendations contained in the final report described
in section 7(b)(1); and
(2) publish in the Federal Register, and transmit to the
President and to Congress, such status report.
(b) Subsequent Status Reports.--Not later than 5 years after the
date on which the Conference adjourns, and every 5 years thereafter
until all recommendations in the final report described in section
7(b)(1) are achieved, the Comptroller General shall--
(1) prepare a status report documenting the implementation
of the recommendations contained in such final report; and
(2) publish in the Federal Register, and transmit to the
President and to Congress, such status report.
SEC. 9. COMMITTEE HEARINGS.
(a) Hearings on Reports.--The Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate shall each hold hearings on the recommendations and status
reports received by Congress under sections 7(b)(2), 8(a)(2), and
8(b)(2).
(b) Hearings.--The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
shall each hold annual hearings on recovery and long-term development
of Haiti.
(c) Exercise of Rulemaking Authority.--Subsections (a) and (b) are
enacted--
(1) as an exercise of the rulemaking power of the House of
Representatives and Senate, and, as such, they shall be
considered as part of the rules of the House or Senate (as the
case may be), and such rules shall supersede any other rule of
the House or Senate only to the extent that rule is
inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to the
procedure in such House) at any time, in the same manner, and
to the same extent as in the case of any other rule of the
House or Senate.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) In general.--There are authorized to be appropriated to
carry out this Act--
(A) such sums as may be necessary for the first
fiscal year in which the Policy Committee plans the
Conference and for the following fiscal year; and
(B) such sums as may be necessary for the fiscal
year in which the Conference is held.
(2) Limitation.--Any new spending authority or new
authority to enter into contracts under this Act, and under
which the United States is obligated to make outlays, shall be
effective only to the extent, and in such amounts, as are
provided in advance in appropriations Acts.
(b) Availability of Funds.--
(1) In general.--Except as provided in paragraph (3), funds
appropriated to carry out this Act and funds received as gifts
under section 6(c) shall remain available for obligation or
expenditure until the expiration of the 1-year period beginning
on the date the Conference adjourns.
(2) Unobligated funds.--Except as provided in paragraph
(3), any such funds neither obligated nor expended before the
expiration of the 1-year period beginning on the date the
Conference adjourns shall be returned to the United States
Treasury.
(3) Conference not convened.--If the Conference is not
convened before December 31, 2010, a trust fund shall be
established and such funds shall be deposited in the trust fund
and shall only be available for a future Conference on Haiti. | White House Conference on Haiti Act of 2010 - Directs: (1) the President to call the White House Conference on Haiti, to be convened not later than six months after the selection of the Policy Committee, in order to make fundamental policy recommendations on ways to assist in Haiti's recovery and long-term development; and (2) the Secretary of State and the Secretary of Homeland Security (DHS) to plan and conduct the Conference.
Establishes the Policy Committee not later than June 30, 2010, and requires a preliminary and final report from the Committee.
Requires, within one year after the Conference adjourns, an initial status report from the Under Secretary of State for Public Diplomacy and Public Affairs on the implementation of the recommendations, as well as subsequent status reports every five years thereafter from the Comptroller General until all final report recommendations are achieved.
Requires specified congressional committee hearings on the recommendations, status reports, and recovery and long-term development of Haiti. | {"src": "billsum_train", "title": "To require the President to call a White House Conference on Haiti."} | 3,145 | 205 | 0.576019 | 1.730622 | 1.11498 | 3.751323 | 16.100529 | 0.936508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``True Cost of Coal Act of 2012''.
SEC. 2. COAL MITIGATION TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. COAL MITIGATION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Coal Mitigation
Trust Fund', consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Coal Mitigation Trust Fund amounts equivalent to the taxes received
in the Treasury under section 4122 (relating to excise tax on coal
extraction).
``(c) Expenditures.--
``(1) In general.--Except as otherwise provided in this
subsection, amounts in the Coal Mitigation Trust Fund shall be
available, as provided by appropriation Acts, to eligible
States for mitigation of the following in connection with the
transportation of coal by rail: noise, vibration, traffic
delays, pollution and other threats to public health, and
emergencies. Such amounts shall also be so available for
related worker adjustment assistance. Any amounts made
available to an eligible State under this paragraph shall
remain available until expended for a purpose described in this
paragraph.
``(2) Allocation among states.--Any amounts made available
under paragraph (1) shall be made available to the eligible
States in an amount which bears the same ratio to the
population of such State as the aggregate amount made available
bears to the aggregate populations of all the eligible States.
``(3) Eligible states.--For purposes of this subsection,
the term `eligible State' means any State in which not less
than 2,500,000 tons of coal per year is transported by rail.
``(4) Amounts made available not to offset required
expenditures.--Amounts made available under paragraph (1) shall
not be used directly or indirectly for any expense which any
producer or transporter of coal is legally required to
provide.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 9512. Coal Mitigation Trust Fund.''.
SEC. 3. EXCISE TAX ON COAL EXTRACTION.
(a) In General.--Subchapter B of chapter 32 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 4122. EXCISE TAX ON COAL EXTRACTION.
``(a) In General.--There is hereby imposed on the extraction of
coal in the United States a tax equal to $10 per ton.
``(b) Cross Reference.--For definitions of `United States' and
`ton', see section 4121(c).''.
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 32 of such Code is amended by adding at the end the following
new item:
``Sec. 4122. Excise tax on coal extraction.''.
(c) Effective Date.--The amendments made by this section shall
apply to coal extracted after the date of the enactment of this Act.
SEC. 4. EXTENSION OF RECOVERY PERIOD FOR SPECIFIED COAL PORT PROPERTY.
(a) 50-Year Recovery Period for Specified Coal Ports.--
(1) In general.--The table contained in section 168(c) of
the Internal Revenue Code of 1986 is amended by striking the
last row and inserting the following:
----------------------------------------------------------------------------------------------------------------
``Any railroad grading, tunnel bore, or specified coal port 50 years''.
property..................................................
----------------------------------------------------------------------------------------------------------------
(2) Alternative depreciation system.--The table contained
in section 168(g)(2)(C) of such Code is amended by striking
``or water utility property'' and inserting ``, water utility
property, or specified coal port property''.
(b) Specified Coal Port Property.--Subsection (e) of section 168 of
such Code is amended by adding at the end the following new paragraph:
``(9) Specified coal port property.--The term `specified
coal port property' means any property which is part of a port
(including any wharfs, stockyards, or conveyers) if--
``(A) it is reasonably anticipated at the time that
such property is placed in service that such port will
be used for the export of coal, and
``(B) such port (after such property and any
related property is placed in service) would have the
capacity to export more than 1,000,000 tons of coal
annually.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 5. COVERING COAL CARS.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 20168. Covering coal cars.
``The Secretary of Transportation shall issue regulations to
require all rail cars transporting coal to be covered or to incorporate
a suitable alternative technology that ensures that coal and coal dust
do not escape the rail car or are treated to significantly reduce or
eliminate the release of coal dust or other particulate matter during
transportation.''.
(b) Table of Sections.--The table of sections for subchapter II of
chapter 201 of title 49, United States Code, is amended by adding at
the end the following:
``20168. Covering coal cars.''. | True Cost of Coal Act of 2012 - Amends the Internal Revenue Code to: (1) impose a $10 per ton excise tax on the extraction of coal; (2) establish in the Treasury the Coal Mitigation Trust Fund to hold revenues from such tax; and (3) extend to 50 years the recovery period, for depreciation purposes, for specified coal port property used for the export of coal.
Allows expenditures from the Coal Mitigation Trust Fund to assist states in mitigating noise, vibration, traffic delays, pollution and other threats to public health, and emergencies in connection with the transportation of coal by rail, and to provide worker adjustment assistance.
Directs the Secretary of Transportation (DOT) to issue regulations to require all rail cars transporting coal to be covered or to incorporate a suitable alternative technology to ensure that coal and coal dust do not escape during transportation. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish the Coal Mitigation Trust Fund funded by the imposition of a tax on the extraction of coal, and for other purposes."} | 1,439 | 186 | 0.598004 | 1.705904 | 0.782821 | 4.116279 | 6.738372 | 0.883721 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Breaking Down
Barriers Act of 2011''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Advance construction of highway projects.
Sec. 3. Surface transportation project delivery pilot program.
Sec. 4. Methods to consolidate and streamline environmental impact
statement processing.
Sec. 5. Categorical exclusions.
Sec. 6. Administration of highway and public transportation projects
with high non-Federal shares.
Sec. 7. Requirements for prompt payments and approvals by the Secretary
of Transportation.
Sec. 8. Assistance to State and Federal agencies.
SEC. 2. ADVANCE CONSTRUCTION OF HIGHWAY PROJECTS.
(a) Finding.--Congress finds that it is in the public interest for
the Secretary of Transportation to allow States to carry out advance
construction activities under section 115 of title 23, United States
Code, as a method for accelerating the delivery of highway projects and
creating jobs.
(b) Preapproval Spending; Letters of No Prejudice.--Section 115 of
title 23, United States Code, is amended by adding at the end the
following:
``(d) Preapproval Spending.--In approving an application for a
project under this section, the Secretary may include as part of the
project activities carried out by the State before the date of approval
of the application if the Secretary determines that the activities were
carried out in accordance with the requirements applicable to the
project.
``(e) Letters of No Prejudice.--
``(1) Issuance.--The Secretary may issue letters of no
prejudice for projects under this section in the same manner as
the Secretary issues such letters for public transportation
projects under sections 5307 and 5309 of title 49.
``(2) Timing.--To accelerate project delivery, the
Secretary may issue a letter of no prejudice for a project at
the time the project is included in the transportation
improvement program of the State developed under section 135(f)
or as soon as practicable thereafter.''.
SEC. 3. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM.
Section 327 of title 23, United States Code, is amended--
(1) in the section heading by striking ``pilot'';
(2) in subsection (a)(1) by striking ``pilot'';
(3) in subsection (a)(2)--
(A) in subparagraph (B) by striking clause (ii) and
inserting the following:
``(ii) the Secretary may not assign any
responsibility imposed on the Secretary by
section 134 or 135.''; and
(B) by adding at the end the following:
``(F) Preservation of flexibility.--The Secretary
shall not require a State, as a condition of
participation in this program, to forego project
delivery methods that are otherwise permissible for
highway projects.
``(G) Highway project.--A highway project under
subparagraph (A) includes any project eligible under
this title. With respect to such a project, a State may
assume the responsibilities administered by the Federal
Highway Administration, but the State may not assume
the responsibilities of any other modal administration
within the Department.'';
(4) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Participating states.--
``(A) In general.--All States are eligible to
participate in the program.
``(B) Special rule.--Any State participating in the
program under this section on September 30, 2009, shall
be permitted by the Secretary to continue to
participate in the program and such State shall not
have to submit an application under paragraph (2) in
order to participate in the program.''; and
(B) in paragraph (2) by striking ``this section,
the Secretary shall promulgate'' and inserting ``the
Breaking Down Barriers Act of 2011, the Secretary shall
modify, as appropriate,''; and
(5) by striking subsection (i) and inserting the following:
``(i) Termination.--The Secretary may terminate the participation
of any State in the program if--
``(1) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(2) the Secretary provides to the State--
``(A) notification of the determination of
noncompliance; and
``(B) a period of at least 30 days during which to
take such corrective action as the Secretary determines
is necessary to comply with the applicable agreement;
and
``(3) the State, after the notification and period provided
under paragraph (2), fails to take satisfactory corrective
action, as determined by Secretary.''.
SEC. 4. METHODS TO CONSOLIDATE AND STREAMLINE ENVIRONMENTAL IMPACT
STATEMENT PROCESSING.
(a) Study.--The Comptroller General of the United States shall
conduct a study on methods to consolidate and streamline the
environmental impact statement process as the process applies to the
construction of Federal-aid highway and highway safety construction
projects and public transportation projects.
(b) Contents.--The study shall focus on current procedures for
environmental impact statements and the feasibility modernizing those
procedures to include new media and other communication techniques.
(c) Report to Congress.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General shall submit to Congress
a report on the results of the study.
SEC. 5. CATEGORICAL EXCLUSIONS.
(a) Recommendations for Expanding List of Categorical Exclusions.--
The Secretary of Transportation, in consultation with the Administrator
of the Federal Highway Administration and the Administrator of the
Federal Transit Administration, shall develop recommendations for
expanding the list of activities that are included within classes of
action, identified in regulation by the Secretary, that are
categorically excluded from requirements for environmental assessments
or environmental impact statements pursuant to regulations promulgated
by the Council on Environmental Quality under part 1500 of title 40,
Code of Federal Regulations.
(b) Participation of Recipients.--In developing the
recommendations, the Secretary shall solicit comments from States and
other recipients of assistance under title 23, United States Code, and
chapter 53 of title 49, United States Code.
(c) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on the recommendations developed under subsection (a).
SEC. 6. ADMINISTRATION OF HIGHWAY AND PUBLIC TRANSPORTATION PROJECTS
WITH HIGH NON-FEDERAL SHARES.
(a) Highway Projects.--Section 106 of title 23, United States Code,
is amended by adding at the end the following:
``(j) Administration of Projects With High Non-Federal Shares.--
``(1) Delegation of federal responsibilities.--In carrying
out subsection (b), the Secretary may enter into an agreement
to permit a State to assume all of the responsibilities of the
Secretary for a project funded using amounts apportioned to the
State under this title if the State certifies that--
``(A) the project will be carried in accordance
with the requirements applicable to the project; and
``(B) at least two-thirds of the total cost of the
project will be derived from State funds.
``(2) Termination of agreements.--The Secretary may
terminate an agreement entered into for a project under
paragraph (1) if the Secretary determines that a requirement
applicable to the project is not being met.''.
(b) Public Transportation Projects.--Section 5334 of title 49,
United States Code, is amended by adding at the end the following:
``(m) Administration of Projects With High Non-Federal Shares.--
``(1) Delegation of federal responsibilities.--The
Secretary may enter into an agreement to permit a recipient of
funds under section 5307 or 5311 to assume all of the
responsibilities of the Secretary for a project funded using
such funds if the recipient certifies that--
``(A) the project will be carried in accordance
with the requirements applicable to the project; and
``(B) at least two-thirds of the total cost of the
project will be derived from non-Federal sources.
``(2) Termination of agreements.--The Secretary may
terminate an agreement entered into for a project under
paragraph (1) if the Secretary determines that a requirement
applicable to the project is not being met.''.
SEC. 7. REQUIREMENTS FOR PROMPT PAYMENTS AND APPROVALS BY THE SECRETARY
OF TRANSPORTATION.
(a) Extension of Highway Prompt Payment Program to Other DOT
Programs.--The Secretary of Transportation shall extend the prompt
payment program that applies to Federal-aid highway and highway safety
construction projects to cover other transportation construction
projects for which funding is provided by the Secretary.
(b) Deadlines for Federal Approval Actions.--
(1) Regulations.--The Secretary of Transportation shall
issue regulations to establish deadlines for Federal actions
relating to the approval of projects under title 23, United
States Code, and chapter 53 of title 49, United States Code.
(2) Failure to meet approval deadlines.--Regulations issued
under paragraph (1) shall provide that if an application is
submitted to the Secretary for approval of a project under
title 23, United States Code, or chapter 53 of title 49, United
States Code, and the Secretary does not act on the application
on or before the deadline established for that action under
such regulations, the application shall be treated as having
been approved.
(3) Deadline for issuance of final regulations.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall issue final regulations under paragraph (1).
SEC. 8. ASSISTANCE TO STATE AND FEDERAL AGENCIES.
Section 139(j)(2) of title 23, United States Code, is amended by
adding at the end the following: ``Such activities may include
activities that extend beyond environmental work to other aspects and
modes of program and project delivery.''. | Breaking Down Barriers Act of 2011 - Authorizes the Secretary of Transportation (DOT) to include as part of a federal-aid highway project any activities carried out by a state before approval of its application for federal funding if such activities meet applicable project requirements.
Authorizes the Secretary, in order to accelerate project delivery, to issue a letter of no prejudice for a project at the time the project is included in the state transportation improvement program or as soon as practicable.
Revises and makes permanent the surface transportation project delivery pilot program.
Prohibits the Secretary from requiring a state, as a condition of participation in the program, to forego project delivery methods otherwise permissible for highway projects.
Authorizes a state to assume highway project responsibilities administered by the Federal Highway Administration (FHWA), but not the responsibilities of any other modal administration within the Department of Transportation (DOT).
Repeals the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by all states. Prescribes a special rule to permit a state participating in the program on September 30, 2009, to continue in the program and not be required to submit an application.
Directs the Comptroller General to study methods to consolidate and streamline the environmental impact statement process with respect to federal-aid highway and highway safety construction projects and public transportation projects, with particular focus on the feasibility of modernizing current procedures for environmental impact statements to include new media and other communication techniques.
Directs the Secretary to develop recommendations for expanding the list of activities categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to regulations promulgated by the Council on Environmental Quality.
Authorizes the Secretary to enter into an agreement to permit a state to assume all of the Secretary's responsibilities for federal-aid highway and public transportation projects if the state certifies that: (1) the project will be carried out in accordance with applicable requirements, and (2) at least two-thirds of the total projects costs will be derived from state funds.
Directs the Secretary to extend the highway prompt payment program to other DOT transportation construction projects.
Directs the Secretary to issue regulations to establish deadlines for federal approval actions with respect to federal-aid highway and public transportation projects.
Authorizes the Secretary to approve a request by a state to provide state public transportation and federal-aid highway project funds to federal agencies (including the DOT), state agencies, and Indian tribes participating in the environmental review process for such projects, or in an approved state process, to support activities that extend beyond environmental work to other aspects and modes of program and project delivery. | {"src": "billsum_train", "title": "To amend titles 23 and 49, United States Code, to accelerate the delivery process for highway and public transportation construction projects, and for other purposes."} | 2,264 | 567 | 0.595418 | 1.809872 | 0.732237 | 3.880859 | 3.978516 | 0.927734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coin and Precious Metal Disclosure
Act''.
SEC. 2. DISCLOSURES REQUIRED OF COIN AND PRECIOUS METAL DEALERS.
(a) Unlawful Conduct.--A covered coin or precious metal dealer
shall disclose to the consumer, prior to any sale of coins or precious
metal bullion, the following information:
(1) Any fee that is or may be incurred by the customer if
the sale of the coin or precious metal bullion were to be
consummated.
(2) The purchase price, the melt value, and the reasonable
resale value of the coin or precious metal bullion.
(3) Such other information as the Commission may require by
regulation (in accordance with section 553 of title 5, United
States Code).
(b) Manner of Disclosure.--
(1) In general.--Except as provided in paragraph (2), the
disclosures required under subsection (a) shall be in writing
and present the information clearly and conspicuously.
(2) Telephone communication.--In any solicitation made by
telephone for any sale subject to subsection (a), the person
making the solicitation shall orally disclose the information
required by such subsection clearly and conspicuously to the
consumer before the transaction is consummated.
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair and Deceptive Act or Practice.--A violation of this Act
or a regulation issued pursuant to this Act shall be treated as an
unfair or deceptive act or practice in 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 Commission.--The Commission shall enforce this Act 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. Any person who violates this Act
shall be subject to the penalties and entitled to the privileges and
immunities provided in that Act.
SEC. 4. ENFORCEMENT BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in an act or practice which violates
section 2 or any rule of the Commission issued pursuant to this Act,
the State, as parens patriae, may bring a civil action on behalf of its
residents in an appropriate district court of the United States to
enjoin such violative act or practice, to enforce compliance with such
rule of the Commission, to obtain damages, restitution, or other
compensation on behalf of residents of such State, or to obtain such
further and other relief as the court may determine appropriate.
(b) Notice.--The State shall provide prior written notice of any
civil action under subsection (a) or (f)(2) to the Commission and
provide the Commission with a copy of its complaint, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such action.
Upon receiving a notice respecting a civil action, the Commission shall
have the right--
(1) to intervene in such action;
(2) upon so intervening, to be heard on all matters arising
therein;
(3) to remove the action to the appropriate United States
district court; and
(4) to file petitions for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall prevent an attorney general
from exercising the powers conferred on the attorney general by the
laws of such State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the production
of documentary and other evidence.
(d) Actions by Commission.--Whenever a civil action has been
instituted by or on behalf of the Commission for violation of section 2
or any rule issued pursuant to this Act, no State may, during the
pendency of such action instituted by or on behalf of the Commission,
institute a civil action under subsection (a) or (f)(2) of this section
against any defendant named in the complaint in such action for
violation of any rule as alleged in such complaint.
(e) Venue; Service of Process.--Any civil action brought under
subsection (a) of this section in a district court of the United States
may be brought in the district in which the defendant is found, is an
inhabitant, or transacts business or wherever venue is proper under
section 1391 of title 28, United States Code. Process in such an action
may be served in any district in which the defendant is an inhabitant
or in which the defendant may be found.
(f) Actions by Other State Officials.--
(1) Construction.--Nothing contained in this section shall
prohibit an authorized State official from proceeding in State
court on the basis of an alleged violation of any civil or
criminal statute of such State.
(2) Other state actions.--In addition to actions brought by
an attorney general of a State under subsection (a) of this
section, such an action may be brought by officers of such
State who are authorized by the State to bring actions in such
State on behalf of its residents.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``coin or precious metal dealer'' means any
person that sells or offer for sale for investment purposes
gold coins or bullion or coins or bullion made of other
precious metals;
(2) the term ``melt-value'' means the reasonable estimated
value of any coin or precious metal if such item were processed
and refined; and
(3) the term ``reasonable resale value'' means a reasonable
price that the coin or precious metal dealer selling the coin
or other precious metal determines that other coin or precious
metal dealers would pay to purchase the coin or other precious
metal from the consumer on the date that such coin or other
precious metal is sold to the consumer.
SEC. 6. EXEMPTION AND RULE OF CONSTRUCTION.
(a) Exemption for Certain Collectible Coins.--Nothing in this Act
shall apply to the sale of rare and collectable coins--
(1) the precious metal content of which constitutes only a
limited or insignificant portion of the overall value of the
coin; and
(2) whose value is not affected by the increase or decline
in the value of such precious metals.
(b) Rule of Construction Relating to the Telemarketing Sales
Rule.--Nothing in this Act shall be construed to affect the
Telemarketing Sales Rule as set forth in part 310 of title 16, Code of
Federal Regulations. | Coin and Precious Metal Disclosure Act - Requires a coin or precious metal dealer to disclose clearly and conspicuously in writing to the consumer before any sale of coins (including gold coins) or precious metal bullion: (1) any fee incurred by the customer upon sale consummation; and (2) the purchase price, the melt value, and the reasonable resale value of the coin or precious metal bullion.
Requires telephone sales solicitations for such coins or precious metal bullion to disclose the same information before the transaction is consummated.
Treats a violation of this Act as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act, and subject to penalties.
Directs the Federal Trade Commission (FTC) to enforce this Act as though the Federal Trade Commission Act applies.
Empowers states to enforce compliance with this Act, but entitles the FTC, upon notice of a state civil action, to intervene and be heard on all matters arising in it, remove it to the appropriate federal district court, and file petitions for appeal.
Exempts from this Act the sale of rare and collectable coins whose: (1) precious metal content constitutes only a limited or insignificant portion of the overall value of the coin; and (2) value is not affected by the increase or decline in the value of such precious metals. | {"src": "billsum_train", "title": "To require disclosures to consumers by coin and precious metal bullion dealers."} | 1,531 | 298 | 0.670648 | 2.109614 | 0.850781 | 4.66537 | 5.420233 | 0.945525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salmon Planning Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares that--
(1) certain species of salmon and steelhead in the Columbia
and Snake River basin are on the brink of extinction as a
consequence of various factors, including hydroelectric
projects, harvest management practices, habitat degradation,
altered in-stream flow, and unsound hatchery practices;
(2) these salmon and steelhead have major economic,
ecological, educational, recreational, scientific, cultural,
and spiritual significance to the Nation and its people;
(3) salmon and steelhead are a symbol of the Northwest,
support thousands of jobs in coastal and inland communities,
and serve as an indicator of the health of Northwest river
ecosystems;
(4) the United States Government has signed treaties with
Indian tribes of Oregon, Washington, and Idaho and with the
Government of Canada creating a legally enforceable trust
responsibility to restore salmon populations to sustainable,
harvestable levels;
(5) since the construction of 4 Federal dams on the lower
Snake River in Washington, salmon and steelhead populations in
the Snake River have plummeted, and all salmon and steelhead in
the Snake River are extinct or listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(6) recent studies indicate that the time to protect
remaining Snake River salmon and steelhead is short, with
scientists estimating that, if changes do not occur, remaining
Snake River salmon will be extinct in our lifetime;
(7) salmon and steelhead extinction could cost taxpayers
billions of dollars;
(8) a federally funded group of State, tribal, Federal, and
independent scientists found that partially removing the 4
lower Snake River dams in Washington is the surest way to
protect and recover Snake River salmon and steelhead;
(9) several communities that rely on the 4 lower Snake
River dams would be affected by partial dam removal;
(10) a Federal court has found that the 4 lower Snake River
dams violate water quality standards under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.); and
(11) energy production in the Northwest is heavily
dependent upon hydropower and thus, the prospects for salmon
recovery and Northwest energy production are inextricably
linked.
(b) Purposes.--The purposes of this Act are--
(1) to ensure the protection of Columbia and Snake River
salmon and steelhead while providing for reliable, reasonably
priced energy in the Northwest, an economically sustainable
salmon recovery program, and effective mitigation of potential
economic impacts to communities from potential dam removal; and
(2) to ensure that the Northwest and the Nation have
completed the necessary planning and evaluation to respond
rapidly if major new actions are necessary to protect and
recover salmon and steelhead in the Columbia and Snake River
basin.
SEC. 3. PEER REVIEW OF NMFS BIOLOGICAL OPINION.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Commerce shall enter into an
arrangement with the National Academy of Sciences providing for peer
review of the NMFS biological opinion and submission of a report on the
results of the peer review in accordance with subsection (c).
(b) Contents.--For purposes of this section, peer review shall
include, at a minimum, the following:
(1) Review of performance standards in the NMFS biological
opinion.
(2) Review of any recovery standards established by the
National Marine Fisheries Service pursuant to the NMFS
biological opinion for each listed salmon and steelhead
population.
(3) Review of the effectiveness of the implementation plans
required by the NMFS biological opinion and the appropriateness
of the timelines for implementing such plans.
(4) Review of the NMFS biological opinion and its analyses
and conclusions and review of any future analyses required by
the NMFS biological opinion.
(c) Report.--Not later than 12 months after the date of enactment
of this Act, the National Academy of Sciences shall submit to the
Secretary of Commerce, the Secretary of the Army, the Secretary of the
Interior, and the Administrator of the Environmental Protection Agency
a report on the results of the peer review conducted under this
section.
(d) Determination of Sufficiency.--Not later than December 31,
2003, the Secretary of Commerce shall publish--
(1) a determination of whether implementation of the salmon
recovery measures in the NMFS biological opinion are sufficient
to achieve recovery, as defined under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), of the salmon and
steelhead populations that are the subject of the biological
opinion; and
(2) if the determination under paragraph (1) is that such
measures are not sufficient to achieve such recovery, a
determination of whether partially removing the 4 lower Snake
River dams is necessary to restore Snake River salmon and
steelhead populations to meet obligations under such Act.
(e) Determination of Necessity To Meet Treaty Obligations.--Not
later than December 31, 2003, the Secretary of the Interior shall
publish a determination of whether partially removing the 4 lower Snake
River dams is necessary to meet treaty obligations to Indian tribes or
other sovereign nations.
(f) Determination of Necessity To Meet Clean Water Requirements.--
Not later than December 31, 2003, the Administrator of the
Environmental Protection Agency shall publish a determination of
whether partially removing the 4 lower Snake River dams is necessary to
meet the requirements of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
SEC. 4. GAO STUDY OF PARTIAL REMOVAL OF LOWER SNAKE RIVER DAMS.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the potential effects of partially removing the 4
lower Snake River dams.
(b) Contents.--The study shall include examination of and
recommendation for addressing, at a minimum, the following:
(1) The economic effects of partial dam removal for local
communities and for downstream and coastal communities,
including downstream and coastal communities located within the
boundaries of Alaska and Canada, including employment gains or
losses that would result from dam removal.
(2) The effects of partial dam removal on transportation by
water, including--
(A) the feasibility, costs, and sufficiency of
alternative transportation by railroad, highway, and
other means;
(B) the economic benefits and costs of such
alternatives;
(C) the environmental impact of shifting to such
alternatives;
(D) the means for mitigating any environmental harm
that might be caused by the use of such alternatives;
and
(E) any development or expansion of such
alternatives that would be required to continue moving
the same amount of cargo that is currently transported
by water.
(3) The effects of partial dam removal on irrigation,
including the availability of or need for alternatives to
replace irrigation water or to extend irrigation pumps.
(4) The effects of partial dam removal on energy
production, including the regional effects of any changes in
energy production, identification of alternative energy sources
that could replace any loss in energy production, and the
benefits and costs of such alternatives.
(5) The effects, including economic effects, of the
extinction of salmon and steelhead populations in the Snake
River.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to each of the
Secretary of the Army, the Secretary of Commerce, and the Administrator
of the Environmental Protection Agency a report on the results of the
study conducted under this section.
SEC. 5. AUTHORIZATION AND PLANNING OF SALMON RECOVERY.
(a) Partial Dam Removal Authorization.--The Secretary of the Army,
acting through the Corps of Engineers, is authorized to partially
remove the 4 lower Snake River dams if--
(1) the Secretary of Commerce finds that such action is
necessary to restore Snake River salmon and steelhead
populations to meet obligations under the Endangered Species
Act of 1973 (33 U.S.C. 1531 et seq.);
(2) the Secretary of the Interior finds that such action is
necessary to meet treaty obligations to Indian tribes or other
sovereign nations; or
(3) the Administrator of the Environmental Protection
Agency finds that such action is necessary to meet requirements
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(b) Preliminary Planning Work.--The Secretary of the Army shall
undertake such preliminary engineering, design, construction, and other
activities as may be necessary to remove the 4 lower Snake River dams
pursuant to subsection (a). This work shall be completed by December
31, 2003.
(c) Funding.--There is authorized to be appropriated to the
Secretary of the Army $4,000,000 for fiscal year beginning after
September 30, 2001, to carry out this section. Such sums shall remain
available until expended.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) Lower snake river dams.--The term ``4 lower Snake River
dams'' means the following dams on the Snake River, Washington:
(A) The Ice Harbor dam.
(B) The Lower Monumental dam.
(C) The Little Goose dam.
(D) The Lower Granite dam.
(2) NMFS biological opinion.--The term ``NMFS biological
opinion'' means the biological opinion of the National Marine
Fisheries Service regarding the Operation of the Federal
Columbia River power system, issued on December 21, 2000, and
any subsequent modification of, or substitute for, that
biological opinion.
(3) Populations.--The term ``populations'' means the 12
evolutionarily significant units of salmon and steelhead listed
in the Columbia and Snake River basin that are the subject of
the NMFS biological opinion. | Salmon Planning Act - Directs the Secretary of Commerce to enter into an arrangement with the National Academy of Sciences (NAS) providing for peer review of the National Marine Fisheries Service (NMFS) biological opinion regarding the Operation of the Federal Columbia River power system, issued December 21, 2000, and any subsequent modification of it (opinion) and submission of a report on the results.Directs: (1) the Secretary of Commerce to publish a determination of whether implementation of the salmon recovery measures in the opinion are sufficient to achieve recovery, under the Endangered Species Act of 1973, of the salmon and steelhead populations; and if not, whether partially removing the four lower Snake River dams (the dams) are necessary to restore Snake River salmon and steelhead populations; (2) the Secretary of the Interior to publish a determination of whether partially removing the dams are necessary to meet treaty obligations; and (3) the Environmental Protection Agency (EPA) to publish a determination of whether partially removing the dams are necessary to meet Federal Water Pollution Control Act requirements. Directs the Comptroller General to study the potential effects of partially removing the dams.Authorizes the Secretary of the Army, acting through the Corps of Engineers, to partially remove the dams if the Secretary of Commerce, the Secretary of the Interior, or the EPA Administrator finds that such action is necessary to meet the aforementioned requirements. Directs the Secretary of the Army to undertake such preliminary engineering, design, construction, and other activities as necessary to remove the dams. | {"src": "billsum_train", "title": "To ensure that proper planning is undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River basin and the maintenance of reasonably priced, reliable power, to direct the Secretary of Commerce to seek peer review of, and to conduct studies regarding, the National Marine Fisheries Service biological opinion, under the Endangered Species Act of 1973, pertaining to the impacts of Columbia River basin Federal dams on salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes."} | 2,134 | 329 | 0.56017 | 1.781749 | 0.616131 | 4.597938 | 6.90378 | 0.962199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jessica Kensky and Patrick Downes
Act''.
SEC. 2. PROVISION OF HEALTH CARE UNDER SECRETARIAL DESIGNEE PROGRAM OF
DEPARTMENT OF DEFENSE FOR TRAUMATIC INJURIES SUFFERED BY
VICTIMS OF TERRORISM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) victims of acts of terror in the United States deserve
the best available medical treatment;
(2) military treatment facilities possess the vital
expertise and experience to provide unique care for victims of
acts of terror who incur blast and other injuries that result
in amputations and limb salvage procedures;
(3) the Secretarial Designee Program of the Department of
Defense conducted under section 1074(c) of title 10, United
States Code, should be expanded to provide expert care in a
timely manner to victims of acts of terror;
(4) the expansion of such program will not only benefit
victims, but also provide military treatment facilities such as
Walter Reed National Military Medical Center and the Uniformed
Services University of the Health Sciences with the ability to
provide ongoing education and training opportunities to mentor
the next generation of health care providers that will provide
care for members of the Armed Forces; and
(5) care for victims of acts of terror should be provided
under the policies of the Department in effect as of the date
of the enactment of this Act that provide space at military
treatment facilities to civilians on a space available and
fully reimbursable basis.
(b) Expansion of Secretarial Designee Program of Department of
Defense.--
(1) Expansion of program.--
(A) In general.--The Secretary of Defense shall
expand eligibility for the Secretarial Designee Program
of the Department of Defense conducted under section
1074(c) of title 10, United States Code, to include the
provision of health care at military treatment
facilities for--
(i) victims of acts of terror that occur in
the United States; and
(ii) residents of the United States who are
victims of acts of terror outside the United
States.
(B) Eligibility status.--Individuals who become
eligible for the Secretarial Designee Program pursuant
to subparagraph (A) shall remain eligible for such
program on a space available and fully reimbursable
basis in accordance with the policy of the Department
of Defense governing such program in effect as of the
date of the enactment of this Act.
(C) Expedited status.--
(i) In general.--The Secretary may provide
expedited eligibility for the Secretarial
Designee Program pursuant to subparagraph (A)
if the Secretary determines that the injuries
of the individual are severe enough to warrant
such expedited eligibility.
(ii) Evaluation.--In making a determination
under clause (i), the Secretary shall evaluate
victims described in clause (i) or (ii) of
subparagraph (A) who require critical care.
(D) Release to private sector health care
provider.--The Secretary may not release an individual
who is receiving care under the Secretarial Designee
Program pursuant to subparagraph (A) to a health care
provider in the private sector until a comprehensive
treatment plan is communicated to the individual and
the health care provider.
(2) Procedures after acts of terror.--Not later than 270
days after the date of the enactment of this Act, the Secretary
of Defense shall, in consultation with the Secretary of
Homeland Security and the heads of such other Federal agencies
as the Secretary of Defense considers appropriate, establish
procedures to implement paragraph (1), which shall include the
following:
(A) Procedures for the conduct of timely outreach
and communication to local medical facilities after an
act of terror in the United States.
(B) Procedures to promptly contact, coordinate, and
provide medical expertise to local medical facilities
that are treating victims of an act of terror that
caused blast related injuries and other serious
injuries.
(C) Procedures for the provision of medical
evaluations for victims of an act of terror who were
exposed to blast and other types of injuries. | Jessica Kensky and Patrick Downes Act This bill requires the Department of Defense (DOD) to expand eligibility for its Secretarial Designee Program to include the provision of health care at military treatment facilities for: (1) victims of acts of terror that occur in the United States, and (2) U.S. residents who are victims of acts of terror outside the United States. Individuals who become eligible for the program shall remain eligible on a space available and fully reimbursable basis in accordance with DOD policy governing such program. DOD may provide expedited program eligibility to individuals with severe injuries. DOD may not release an individual who is receiving care under the program to a health care provider in the private sector until a comprehensive treatment plan is communicated to the individual and such provider. DOD shall establish procedures to implement such program expansion, which shall include procedures for: conducting timely outreach and communication to local medical facilities after an act of terror in the United States; promptly contacting, coordinating, and providing medical expertise to such facilities that are treating serious injuries; and providing medical evaluations for victims who were exposed to blast and other types of injuries. | {"src": "billsum_train", "title": "Jessica Kensky and Patrick Downes Act"} | 914 | 243 | 0.648109 | 2.144761 | 0.951816 | 4.114155 | 3.730594 | 0.908676 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Great Bend of the
Gila National Monument Establishment Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Great Bend of the Gila National Monument,
Arizona.
Sec. 3. Management of national monument.
Sec. 4. Management plan.
Sec. 5. Tribal use of national monument.
Sec. 6. Off-road use of motorized and mechanized vehicles.
Sec. 7. No military airspace restrictions.
Sec. 8. Research, education, and visitor services.
Sec. 9. Fish and wildlife.
Sec. 10. Land acquisition.
Sec. 11. Withdrawal.
Sec. 12. Water rights.
Sec. 13. Authorization of appropriations.
SEC. 2. ESTABLISHMENT OF GREAT BEND OF THE GILA NATIONAL MONUMENT,
ARIZONA.
(a) Establishment.--There is established in the State of Arizona
the Great Bend of the Gila National Monument (in this Act referred to
as the ``national monument'').
(b) Purpose.--The purpose of the national monument is--
(1) to preserve, protect, and restore the archaeological,
cultural, historic, geologic, hydrologic, natural, educational,
and scenic resources of the Great Bend of the Gila (Gila River
in Western Maricopa County, Arizona) and adjacent land; and
(2) to provide for public interpretation and recreation
consistent with the resources described in paragraph (1).
(c) Boundaries.--
(1) In general.--The national monument consists of
approximately 84,296 acres of public lands and interests in
land administered by the Secretary of the Interior through the
Bureau of Land Management, as generally depicted on the map
entitled ``Great Bend of the Gila National Monument'' and dated
March 6, 2013.
(2) Minor adjustments.--The Secretary may make minor
adjustments to the boundaries of the national monument to
reflect the inclusion of significant archaeological resources
discovered after the date of enactment of this Act on public
lands adjacent to the national monument.
(3) Availability of map.--The map described in paragraph
(1) and the legal description of any adjustments made under
paragraph (2) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Adjacent Uses.--Nothing in this Act--
(1) creates a protective perimeter or buffer zone around
the national monument; or
(2) affects private property outside of the boundaries of
the national monument.
SEC. 3. MANAGEMENT OF NATIONAL MONUMENT.
(a) National Landscape Conservation System.--The Secretary of the
Interior shall manage the national monument as part of the National
Landscape Conservation System--
(1) to allow only such uses of the national monument as to
further the purposes for which the monument was established;
and
(2) in accordance with this Act and other laws generally
applicable to the national monument, including the Native
American Graves Protection and Repatriation Act (25 U.S.C. 3001
et seq.) and the policy described in Public Law 95-341
(commonly known as the American Indian Religious Freedom Act;
42 U.S.C. 1996).
(b) Management Objectives.--In managing the national monument, the
Secretary of the Interior shall--
(1) maintain the undeveloped character of the national
monument to the maximum extent practicable; and
(2) protect and restore cultural resources, species, and
ecosystems of the national monument.
(c) Vegetation Management.--
(1) In general.--The Secretary of the Interior--
(A) shall conduct an inventory of invasive plant
species in the national monument; and
(B) may carry out vegetation management treatments
in the national monument.
(2) Use of native plant species.--The Secretary shall
utilize native plant species in planning for restoration
projects to be conducted in the national monument.
(d) Grazing.--The Secretary shall permit grazing in the national
monument, where grazing was established before the date of enactment of
this Act--
(1) subject to all applicable laws; and
(2) consistent with the purposes for which the national
monument is established.
(e) Backcountry Activities.--Management of the national monument
shall support backcountry hunting and other non-motorized recreation in
the national monument.
SEC. 4. MANAGEMENT PLAN.
(a) Management Plan Required.--Not later than three years after the
date of enactment of this Act, the Secretary of the Interior shall
develop a management plan for the national monument that addresses the
actions necessary to protect the resources described in section
2(b)(1). The management plan shall include a transportation plan,
including travel restrictions and road closures.
(b) Consultation.--In addition to the period of public comment
required by subsection (b), the Secretary of the Interior shall prepare
the management plan in government-to-government consultation with
Indian tribes with a cultural or historic tie to the Great Bend of the
Gila.
SEC. 5. TRIBAL USE OF NATIONAL MONUMENT.
(a) Traditional Uses.--The Secretary of the Interior shall allow
for the continued use of the national monument by members of Indian
tribes--
(1) for traditional ceremonies; and
(2) as a source of traditional plants and other materials.
(b) Terms and Conditions.--Tribal use of the national monument
under subsection (a) shall be--
(1) subject to any terms and conditions the Secretary of
the Interior determines to be necessary to further the purposes
for which the national monument is established; and
(2) in accordance with applicable law.
(c) Tribal Rights.--Nothing in this Act affects--
(1) the rights of any Indian tribe on Indian land;
(2) any individually held trust land or Indian allotment;
or
(3) any treaty rights providing for nonexclusive access to
or in the national monument by members of Indian tribes for
traditional and cultural purposes.
SEC. 6. OFF-ROAD USE OF MOTORIZED AND MECHANIZED VEHICLES.
Except as needed for administrative purposes or to respond to an
emergency, the use of motorized and mechanized vehicles in the national
monument is limited to roads and trails designated for their use.
SEC. 7. NO MILITARY AIRSPACE RESTRICTIONS.
Establishment of the national monument shall not be construed to
impact or impose any altitude, flight, or other airspace restrictions
on current or future military operations or missions. Should the Armed
Forces require additional or modified airspace after the date of the
enactment of this Act, Congress does not intend for the establishment
of the national monument to impede the Secretary of Defense from
petitioning the Federal Aviation Administration to change or expand
restricted military airspace.
SEC. 8. RESEARCH, EDUCATION, AND VISITOR SERVICES.
(a) Education and Interpretation.--The Secretary of the Interior
shall provide such minimal facilities within the national monument for
education and interpretation, such as signage or other interpretive
kiosks, as the Secretary considers necessary for visitor enjoyment of
the national monument, while ensuring the protection of monument
resources.
(b) Visitor Center.--Any visitor center for the national monument
shall be sited in a community in the vicinity of the national monument,
rather than within the boundaries of the national monument.
(c) Research Authorized.--
(1) In general.--The Secretary of the Interior shall allow
scientific research to be conducted in the national monument,
including research to identify, protect, and preserve the
historic and cultural resources of the monument.
(2) Climate change research.--The Secretary may conduct, or
authorize other persons to conduct, research regarding the
effects of climate change on monument resources to develop
management techniques to boost resiliency and facilitate
adaptation to human-caused climate change.
SEC. 9. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction of the State of
Arizona with respect to the management of fish and wildlife on public
lands in the State.
SEC. 10. LAND ACQUISITION.
(a) Acquisition Authority.--The Secretary of the Interior may
acquire land and any interest in land, State and private, within or
adjacent to the boundaries of the national monument--
(1) by purchase from willing sellers with donated or
appropriated funds;
(2) by donation; or
(3) by exchange.
(b) Treatment of Acquired Land.--Land and interests in land
acquired under the authority of subsection (a) shall automatically
become part of the national monument.
SEC. 11. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, all Federal land
within the national monument (including any land or interest in land
acquired 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.
(b) Renewable Energy Projects.--Subject to valid and existing
rights, renewable energy and transmission development is prohibited in
the national monument.
SEC. 12. WATER RIGHTS.
(a) In General.--Nothing in this Act affects any valid water
rights, including water rights held by the United States.
(b) Reserved Water Rights.--The designation of the national
monument does not create a Federal reserved water right.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Great Bend of the Gila National Monument Establishment Act - Establishes the Great Bend of the Gila National Monument in Arizona. Requires the Secretary of the Interior to manage the Monument as part of the National Landscape Conservation System by allowing only such uses of the Monument that further the purposes for which it was established. Requires the Monument to be managed so as to maintain its undeveloped character and to protect and restore its cultural resources, species, and ecosystems. Directs the Secretary to conduct an inventory of invasive plant species in the Monument. Authorizes the Secretary to carry out vegetation management treatments within the Monument. Permits grazing within the Monument where it is already established. Requires the Secretary to develop a management plan for the Monument. Instructs the Secretary to prepare such plan in government-to-government consultation with Indian tribes having a cultural or historic tie to the Great Bend of the Gila. Allows for the continued use of the Monument by members of tribes for traditional ceremonies and as a source of traditional plants and other materials. Authorizes the Secretary to allow scientific research to be conducted within the Monument, including research for the preservation of the historic and cultural resources of the Monument. Permits the Secretary to conduct or authorize other persons to conduct research regarding the effects of climate change on the Monument's resources. Prohibits renewable energy and transmission development projects from being carried out in the Monument. | {"src": "billsum_train", "title": "Great Bend of the Gila National Monument Establishment Act"} | 2,100 | 305 | 0.591788 | 1.583801 | 0.841763 | 3.892593 | 7.203704 | 0.87037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stanislaus River Native Anadromous
Fish Improvement Act''.
SEC. 2. PILOT PROGRAM TO PROTECT ANADROMOUS FISH IN THE STANISLAUS
RIVER.
(a) Establishment of Non-Native Predator Fish Removal Program.--The
Commissioner and districts, in consultation with the National Marine
Fisheries Service, the United States Fish and Wildlife Service, and the
California Department of Fish and Wildlife, shall jointly develop and
conduct a pilot non-native predator fish removal program to remove non-
native striped bass, smallmouth bass, largemouth bass, black bass, and
other non-native predator fishes from the Stanislaus River. The pilot
program shall--
(1) be scientifically based;
(2) include methods to quantify the number and size of
predator fishes removed each year, the impact of such removal
on the overall abundance of predator fishes, and the impact of
such removal on the populations of juvenile anadromous fish
found in the Stanislaus River by, among other things,
evaluating the number of juvenile anadromous fish that migrate
past the rotary screw trap located at Caswell;
(3) use wire fyke trapping, portable resistance board
weirs, and boat electrofishing, which are the most effective
predator collection techniques that minimize affects to native
anadromous fish;
(4) be developed, including the application for all
necessary scientific research and species enhancement permits
under section 10(a)(1) of the Endangered Species Act of 1973
(16 U.S.C. 1539(a)(1)), for the performance of the pilot
program, not later than 6 months after the date of the
enactment of this Act;
(5) be implemented on the first business day of the
calendar year following the issuance of all necessary
scientific research and species enhancement permits needed to
begin the pilot program; and
(6) be implemented for a period of five consecutive
calendar years.
(b) Management.--The management of the pilot program shall be the
joint responsibility of the Commissioner and the districts. Such
parties shall work collaboratively to insure the performance of the
pilot program, and shall discuss and agree upon, among other things,
changes in the structure, management, personnel, techniques, strategy,
data collection, reporting, and conduct of the pilot program.
(c) Conduct.--
(1) In general.--At the election of the districts, the
pilot program may be conducted by their own personnel,
qualified private contractors hired by the districts, personnel
of, on loan to, or otherwise assigned to the Bureau of
Reclamation, or a combination thereof.
(2) Participation by bureau of reclamation.--In the event
the districts elect to conduct the program using their own
personnel or qualified private contractors hired by them, the
Commissioner has the option to assign an employee of, on loan
to, or otherwise assigned to the Bureau of Reclamation, to be
present for all activities performed in the field. Such
presence shall insure compliance with the agreed upon elements
specified in subsection (b). The districts shall pay 100
percent of the cost of such participation as specified in
subsection (d).
(3) Timing of election.--The districts shall notify the
Commissioner of their election on or before October 15 of each
calendar year of the pilot program, which election shall apply
to the work performed in the subsequent calendar year.
(d) Funding.--
(1) Annual funding.--The districts shall be responsible for
100 percent of the cost of the pilot program. On or before
December 1 of each year of the pilot program, the Commissioner
shall submit to the districts an estimate of the cost to be
incurred by the Bureau of Reclamation in the following calendar
year, if any, including the cost of any data collection and
posting under subsection (e). If an amount equal to the
estimate is not provided to the reclamation fund identified in
section 3 of the Act of February 21, 1911 (43 U.S.C. 525), by
the districts on or before December 31 of each year--
(A) the Bureau of Reclamation shall have no
obligation to conduct the pilot program activities
otherwise scheduled until full payment is made by the
districts; and
(B) the districts shall be prohibited from
conducting any aspect of the pilot program until full
payment is made by the districts.
(2) Accounting.--On or before September 1 of each calendar
year, the Commissioner shall provide an accounting of the prior
calendar year's expenses to the districts. If the estimate paid
by the districts was less than the actual costs incurred by the
Bureau of Reclamation, the districts shall have until September
30 of that calendar year to pay the difference to the
reclamation fund. If the estimate paid by the districts was
greater than the actual costs incurred by the Bureau of
Reclamation, then a credit shall be provided to the districts,
which shall be deducted from the estimate payment the districts
must make for the work performed by the Bureau of Reclamation,
if any, in the next calendar year.
(e) Reporting and Evaluation.--
(1) In general.--On or before the 15th day of each month,
the Commissioner shall post on the Web site of the Bureau of
Reclamation a tabular summary of the raw data collected in the
prior month.
(2) Report.--On or before June 30 of the calendar year
following the completion of the program, the Commissioner and
districts shall jointly publish a peer reviewed report that--
(A) discusses the findings and conclusions of the
pilot program;
(B) synthesizes the data collected under paragraph
(1); and
(C) makes recommendations for further study and
action.
(f) Permits Process.--
(1) Not later than 180 days after filing of an application
by the Commissioner and the districts, the Secretary of the
Interior, the Secretary of Commerce, or both, as appropriate,
shall issue all necessary scientific research and species
enhancement permits under section 10(a)(1) of the Endangered
Species Act (16 U.S.C. 153(9)(a)(1)), for the performance of
the pilot program.
(2) Any permit application that is not approved by the
Secretary of the Interior, Secretary of Commerce, or both, as
appropriate, for any reason, within 180 days after receiving
the application, shall be deemed approved.
(3) All permits issued shall be in the name of the Bureau
of Reclamation and the districts.
(4) Districts may delegate the authority to administer the
permit authority to any qualified private contractor retained
in accordance with subsection (c).
(5) The pilot program, including amendments thereto by the
appropriate Federal and State agencies, shall constitute a
conservation plan that complies with the requirements of
section 10(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1539(a)(2)).
(g) NEPA.--Section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to
section 2 and the issuance of any permit under this subsection during
the seven-year period beginning on the date of the implementation of
the pilot program.
SEC. 3. RESTRICTIONS.
Any restriction imposed under California law on the catch, take, or
harvest of any non-native or introduced aquatic or terrestrial species
that preys upon anadromous fish and that occupies or is found in the
Stanislaus River is hereby void and is preempted.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) Anadromous fish.--
(A) The term ``anadromous fish'' as applied to the
Stanislaus River and the operation of New Melones--
(i) means those native stocks of salmon
(including steelhead) that--
(I) as of October 30, 1992, were
present in and had not been extirpated
from the Stanislaus River; and
(II) which ascend the Stanislaus
River to reproduce after maturing in
San Francisco Bay or the Pacific Ocean;
and
(ii) does not mean any stock, strain or
member of American shad, sockeye salmon, or
striped bass.
(B) The definition of anadromous fish provided in
section 3403(a) of the Central Valley Project
Improvement Act (Public Law 102-575) shall not apply to
the operation of New Melones Dam and Reservoir, or to
any Federal action in the Stanislaus River.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(3) Districts.--The term ``districts'' means the Oakdale
Irrigation District and the South San Joaquin Irrigation
District.
(4) Pilot program.--The term ``pilot program'' means the
pilot non-native predator removal program established under
section 2(b).
SEC. 5. SUNSET.
This Act and the authorities provided under this Act shall expire 7
years after implementation of the pilot program begins. | Stanislaus River Native Anadromous Fish Improvement Act - Directs the Commissioner of the Bureau of Reclamation, the Oakdale Irrigation District, and the South San Joaquin Irrigation District to jointly develop and conduct a pilot non-native predator fish removal program to remove non-native striped bass, smallmouth bass, largemouth bass, black bass, and other non-native predator fish from the Stanislaus River. Requires the program to: (1) be scientifically based; (2) include methods to quantify the number and size of predator fish removed each year, the impact of such removal on the overall abundance of predator fish, and the impact of such removal on the populations of certain juvenile anadromous fish found in the Stanislaus River; and (3) be implemented for five consecutive years. Requires such Districts to be responsible for the cost of such program. Directs the Commissioner to post a monthly summary of the raw data on the Bureau website. Requires the Commissioner and districts, following the completion of the program, to publish a peer reviewed report that discusses findings and makes recommendations for further study and action. Voids and preempts any California legal restriction imposed on the catch, take, or harvest of any non-native or introduced aquatic or terrestrial species that preys upon specified stocks of anadromous fish and that occupies or is found in the Stanislaus River. Defines "anadromous fish" as native stocks of salmon (including steelhead) that, as of October 30, 1992, were present in and had not been extirpated from the Stanislaus River and that ascend such river to reproduce after maturing in San Francisco Bay or the Pacific Ocean. Excludes any stock, strain, or member of American shad, sockeye salmon, or striped bass. Prohibits a definition of "anadromous fish" provided in the Central Valley Project Improvement Act from applying to the operation of New Melones Dam and Reservoir or to any federal action in the Stanislaus River. Requires this Act and the authorities provided under this Act to expire seven years after implementation of the pilot program begins. | {"src": "billsum_train", "title": "Stanislaus River Native Anadromous Fish Improvement Act"} | 1,970 | 499 | 0.675516 | 2.480288 | 0.836492 | 5.411765 | 4.598465 | 0.925831 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Foreclosure Assistance Act
of 2007''.
SEC. 2. ADDITIONAL EMERGENCY CDBG FUNDING.
(a) Appropriation.--There are authorized to be appropriated, and
shall be appropriated, $1,000,000,000, to remain available until
expended, for assistance to States, metropolitan cities, and urban
counties (as those terms are defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) in carrying out the
community development block grant program under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)--
(1) for necessary expenses related to the impact of housing
foreclosures, and other related economic and community
development activities; and
(2) to provide foreclosure-based rental assistance for
individual renters in the form of relocation assistance.
(b) Limitation.--
(1) In general.--Except for counseling services none of the
amounts appropriated under subsection (a) may be provided,
directly or indirectly, to an individual homeowner for
foreclosure prevention purposes, including for refinancing
assistance, loans, or any other form of financial assistance.
Such funds may be provided directly to a certified housing
counseling service, which shall be considered as a subrecipient
of such grant amounts.
(2) Definition.--For purposes of paragraph (1), the term
``certified housing counseling service'' means a housing
counseling agency approved by the Secretary of Housing and
Urban Development pursuant to section 106(d) of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701x(d)).
SEC. 3. INCREASED PUBLIC SERVICES REQUIREMENT CAP.
For purposes of this Act, paragraph (8) of section 105(a) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) shall
apply to the use of all funds appropriated or otherwise made available
under this Act by substituting--
(1) ``25 per centum'' for ``15 per centum'' each place that
term appears; and
(2) ``25 percent'' for ``15 percent'' each place that term
appears.
SEC. 4. LOW AND MODERATE INCOME REQUIREMENT.
At least 50 percent of the funds appropriated or otherwise made
available under this Act shall benefit primarily persons of low- and
moderate-income.
SEC. 5. PLANS AND REPORTS.
(a) Comprehensive Plan.--None of the funds appropriated or
otherwise made available under this Act shall be used by any State,
metropolitan city, or urban county until such time as that State,
metropolitan city, or urban county submits to the Secretary of Housing
and Urban Development, for approval by the Secretary, a comprehensive
plan detailing the proposed use of all such funds.
(b) Report on Use of Funds.--During the period of time that funds
are being expended under this Act, each State, metropolitan city, or
urban county receiving funds under this Act shall submit, on a
quarterly basis, a report to the Secretary of Housing and Urban
Development describing and accounting for the use of all such funds
expended during the applicable period.
SEC. 6. WAIVERS.
(a) General Waiver.--In administering funds appropriated or
otherwise made available under this Act, the Secretary of Housing and
Urban Development shall waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Secretary or the
use by the recipient of such funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment),
upon a request by a State, metropolitan city, or urban county that such
waiver is required to facilitate the use of such funds, and a finding
by the Secretary that such waiver would not be inconsistent with the
overall purpose of the statute.
(b) Low and Moderate Income Requirement Waiver.--The Secretary of
Housing and Urban Development may waive, upon the request of a State,
metropolitan city, or urban county, the 50 percent requirement
described under section 4. Such waiver shall, in the discretion of the
Secretary, only be granted if a compelling need is demonstrated.
(c) Public Services Cap.--The Secretary of Housing and Urban
Development may waive, upon the request of a State, metropolitan city,
or urban county, the public service requirement cap described under
section 3. Such waiver shall, in the discretion of the Secretary, only
be granted if a compelling need is demonstrated.
(d) Other Waiver Provisions.--
(1) Publication in the federal register.--The Secretary of
Housing and Urban Development shall publish in the Federal
Register any waiver of any statute or regulation authorized
under this section not later than 5 days before the effective
date of such waiver.
(2) Review of waiver.--Each waiver granted under this
section by the Secretary of Housing and Urban Development shall
be reconsidered, and if still necessary reauthorized by the
Secretary, not later than 2 years after the date on which such
waiver was first published in the Federal Register pursuant to
paragraph (1).
(3) Notification of committees.--The Secretary of Housing
and Urban Development shall notify the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives of any waiver
granted or denied under this section not later than 5 days
before such waiver is granted or denied.
SEC. 7. NONCOMPLIANCE WITH COMMUNITY DEVELOPMENT REQUIREMENTS.
For purposes of this Act, the provisions of section 111 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5311)(relating
to noncompliance) shall apply to the use of all funds appropriated or
otherwise made available under this Act.
SEC. 8. GAO AUDIT.
The Comptroller General of the United States shall--
(1) conduct an audit of the expenditure of all funds
appropriated under this Act in accordance with generally
accepted government auditing standards; and
(2) submit a report detailing such audit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives.
SEC. 9. REPORTS.
The Secretary of Housing and Urban Development shall report, on a
quarterly basis, to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of Representatives on--
(1) the use of funds appropriated or otherwise made
available under this Act, including--
(A) the number of households receiving counseling
and rental assistance;
(B) the outcomes of such assistance activities;
(C) the names of those certified housing counseling
service providing counseling assistance pursuant to
this Act; and
(D) such other information as the Secretary may
deem appropriate; and
(2) all steps taken by the Secretary to prevent fraud and
abuse of such funds. | Community Foreclosure Assistance Act of 2007 - Makes appropriations for additional emergency Community Development Block Grant (CDBG) assistance to states, metropolitan cities, and urban counties to carry out CDBG programs under the Housing and Urban Development Act of 1974: (1) for necessary expenses related to the impact of housing foreclosures, and other related economic and community development activities; and (2) to provide foreclosure-based rental assistance for individual renters in the form of relocation assistance.
Prohibits the direct or indirect provision of such funds, except for certified housing counseling services, to an individual homeowner for foreclosure prevention purposes, including refinancing assistance, loans, or any other form of financial assistance.
Increases from 15% to 25% the maximum amount of CDBG funds a local government may use for public services under the Housing and Urban Development Act of 1974, including those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs.
Requires at least 50% of CDBG funds appropriated or otherwise made available under this Act to benefit primarily persons of low- and moderate-income. | {"src": "billsum_train", "title": "A bill to provide $1,000,000,000 in emergency Community Development Block Grant funding for necessary expenses related to the impact of foreclosures on communities."} | 1,508 | 234 | 0.633273 | 1.828336 | 0.969104 | 4.592593 | 6.388889 | 0.861111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Immigration Enforcement and
Social Security Protection Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Bonner Plan, as reflected in the terms of this Act,
is an appropriate response to the need to improve procedures to
preclude unauthorized employment of aliens and prevent the
entry of terrorists into the United States.
(2) The economic disparity between the United States and
other countries is a prime factor in the desire of foreign
nationals to enter the United States illegally.
(3) Federal law prohibits the employment of such illegal
immigrants in the United States.
(4) Nonetheless, illegal immigrants routinely find
employment within the United States.
(5) Such employment of illegal immigrants undermines our
system of lawful immigration and has a negative impact on job
opportunities for American workers.
(6) Employers in the United States currently have
difficulty establishing the veracity of the identity documents
of prospective employees in order to verify their work
eligibility.
(7) Pilot programs undertaken by the Federal Government
demonstrate that a nationwide employment verification system is
feasible.
(8) Social Security cards are routinely required to be
presented to employers by new employees.
(9) Social Security cards remain vulnerable to
counterfeiting and fraud.
(10) Social Security cards with improved defenses against
fraudulent use would serve as the best vehicle by which to
determine employment eligibility.
(11) The Social Security card should not become a national
identification card.
SEC. 3. AMENDMENTS TO THE SOCIAL SECURITY ACT RELATING TO
IDENTIFICATION OF INDIVIDUALS.
(a) Antifraud Measures for Social Security Cards.--Section
205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is
amended--
(1) by inserting ``(i)'' after ``(G)'';
(2) by striking ``banknote paper'' and inserting ``durable
plastic or similar material''; and
(3) by adding at the end the following new clauses:
``(ii) Each Social Security card issued under this subparagraph
shall include an encrypted electronic identification strip which shall
be unique to the individual to whom the card is issued. The
Commissioner shall develop such electronic identification strip in
consultation with the Secretary of Homeland Security, so as to enable
employers to use such strip in accordance with section 5(b) of Illegal
Immigration Enforcement and Social Security Protection Act of 2004 to
obtain access to the Employment Eligibility Database established by
such Secretary pursuant to section 4 of such Act with respect to the
individual to whom the card is issued.
``(iii) The Commissioner shall provide for the issuance (or
reissuance) to each individual who--
``(I) has been assigned a Social Security account number
under subparagraph (B),
``(II) has attained the minimum age applicable, in the
jurisdiction in which such individual engages in employment,
for legally engaging in such employment, and
``(III) files application for such card under this clause
in such form and manner as shall be prescribed by the
Commissioner,
a Social Security card which meets the preceding requirements of this
subparagraph and which includes a recent photograph of the individual
to whom the card is issued.
``(iv) The Commissioner shall maintain an ongoing effort to develop
measures in relation to the Social Security card and the issuance
thereof to preclude fraudulent use thereof.''.
(b) Sharing of Information With the Secretary of Homeland
Security.--Section 205(c)(2) of such Act is amended by adding at the
end the following new subparagraph:
``(I) Upon the issuance of a Social Security account number under
subparagraph (B) to any individual or the issuance of a Social Security
card under subparagraph (G) to any individual, the Commissioner of
Social Security shall transmit to the Secretary of Homeland Security
such information received by the Commissioner in the individual's
application for such number or such card as such Secretary determines
necessary and appropriate for administration of the Illegal Immigration
Enforcement and Social Security Protection Act of 2004. Such
information shall be used solely for inclusion in the Employment
Eligibility Database established pursuant to section 4 of the Illegal
Immigration Enforcement and Social Security Protection Act of 2004.''.
(c) Effective Dates.--The amendment made by subsection (a) shall
apply with respect to Social Security cards issued after 2 years after
the date of the enactment of this Act. The amendment made by subsection
(b) shall apply with respect to the issuance of Social Security account
numbers and Social Security cards after 2 years after the date of the
enactment of this Act.
SEC. 4. EMPLOYMENT ELIGIBILITY DATABASE.
(a) In General.--The Secretary of Homeland Security shall establish
and maintain an Employment Eligibility Database. The Database shall
include data comprised of the citizenship status of individuals and the
work and residency eligibility information (including expiration dates)
with respect to individuals who are not citizens or nationals of the
United States but are authorized to work in the United States. Such
data shall include all such data maintained by the Department of
Homeland Security as of the date of the establishment of such database
and information obtained from the Commissioner of Social Security
pursuant to section 205(c)(2)(I) of the Social Security Act. The
Secretary shall maintain ongoing consultations with the Commissioner to
ensure efficient and effective operation of the Database.
(b) Incorporation of Ongoing Pilot Programs.--To the extent that
the Secretary determines appropriate in furthering the purposes of
subsection (a), the Secretary may incorporate the information,
processes, and procedures employed in connection with the Citizen
Attestation Verification Pilot Program and the Basic Pilot Program into
the operation and maintenance of the Database under subsection (a).
(c) Confidentiality.--No officer or employee of the Department of
Homeland Security shall have access to any information contained in the
Database for any purpose other than the establishment of a system of
records necessary for the effective administration of this Act. The
Secretary shall restrict access to such information to officers and
employees of the United States whose duties or responsibilities require
access for the administration or enforcement of the provisions of this
Act. The Secretary shall provide such other safeguards as the Secretary
determines to be necessary or appropriate to protect the
confidentiality of information contained in the Database.
(d) Deadline for Meeting Requirements.--The Secretary shall
complete the establishment of the Database and provide for the
efficient and effective operation of the Database in accordance with
this section not later than 2 years after the date of the enactment of
this Act.
SEC. 5. REQUIREMENTS RELATING TO INDIVIDUALS COMMENCING WORK IN THE
UNITED STATES.
(a) Requirements for Employees.--No individual may commence
employment with an employer in the United States unless such individual
has--
(1) obtained a Social Security card issued by the
Commissioner of Social Security meeting the requirements of
section 205(c)(2)(G)(iii) of the Social Security Act, and
(2) displayed such card to the employer pursuant to the
employer's request for purposes of the verification required
under subsection (b).
(b) Requirements for Employers.--
(1) In general.--No employer may hire for employment an
individual in the United States in any capacity unless such
employer verifies under this subsection that such individual
has in his or her possession a Social Security card issued to
such individual pursuant to section 205(c)(2)(G) of the Social
Security Act which bears a photograph of such individual and
that such individual is authorized to work in the United States
in such capacity. Such verification shall be made in accordance
with procedures prescribed by the Secretary for the purposes of
ensuring against fraudulent use of the card and accurate and
prompt verification of the authorization of such individual to
work in the United States in such capacity.
(2) Verification procedures.--Such procedures shall include
use of--
(A) a phone verification system which shall be
established by the Secretary, or
(B) a card-reader device approved by the Secretary
as capable of reading the electronic identification
strip borne by the card so as to verify the identity of
the card holder and the card holder's authorization to
work.
(3) Access to database.--The Secretary shall ensure that,
by means of such procedures, the employer will have such access
to the Employment Eligibility Database maintained by the
Secretary as to enable the employer to obtain information,
relating to the citizenship, residency, and work eligibility of
the individual seeking employment by the employer in any
capacity, which is necessary to inform the employer as to
whether the individual is authorized to work for the employer
in the United States in such capacity.
(c) Effective Date.--The requirements of this section shall apply
with respect to the employment of any individual in any capacity
commencing after 2 years after the date of the enactment of this Act.
SEC. 6. ENFORCEMENT.
(a) Civil Penalties.--The Secretary may assess a penalty, payable
to the Secretary, against any employer who--
(1) hires an individual for employment in the United States
in any capacity who is known by the employer not to be
authorized to work in the United States in such capacity, or
(2) fails to comply with the procedures prescribed by the
Secretary pursuant to section 5 in connection with the
employment of any individual.
Such penalty shall not exceed $50,000 for each occurrence of a
violation described in paragraph (1) or (2) with respect to the
individual, plus, in the event of the removal or deportation of such
individual from the United States based on findings developed in
connection with the assessment or collection of such penalty, the costs
incurred by the Federal Government in connection with such removal or
deportation.
(b) Actions by the Secretary.--If any person is assessed under
subsection (a) and fails to pay the assessment when due, or any person
otherwise fails to meet any requirement of this Act, the Secretary may
bring a civil action in any district court of the United States within
the jurisdiction of which such person's assets are located or in which
such person resides or is found for the recovery of the amount of the
assessment or for appropriate equitable relief to redress the violation
or enforce the provisions of this section, and process may be served in
any other district. The district courts of the United States shall have
jurisdiction over actions brought under this section by the Secretary
without regard to the amount in controversy.
(c) Criminal Penalty.--Any person who--
(1) hires for employment any individual in the United
States in any capacity who such person knows not to be
authorized to work in the United States in such capacity, or
(2) hires for employment any individual in the United
States and fails to comply with the procedures prescribed by
the Secretary pursuant to section 5(b) in connection with the
hiring of such individual,
shall upon conviction be fined in accordance with title 18, United
States Code, or imprisoned for not more than 5 years, or both.
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of Homeland Security.--There are authorized to be
appropriated to the Department of Homeland Security for each fiscal
year beginning on or after October 1, 2004, such sums as are necessary
to carry out the provisions of this Act, including not to exceed
$100,000,000 to enforce the provisions of this Act.
(b) Social Security Administration.--There are authorized to be
appropriated to the Social Security Administration for each fiscal year
beginning on or after October 1, 2004, such sums as are necessary to
carry out the amendments made by section 3.
SEC. 8. INTEGRATION OF FINGERPRINTING DATABASES.
The Secretary of Homeland Security and the Attorney General of the
United States shall jointly undertake to integrate the border-patrol
fingerprinting identification system maintained by the Department of
Homeland Security with the fingerprint database maintained by the
Federal Bureau of Investigation. The integration of databases pursuant
to this section shall be completed not later than 2 years after the
date of the enactment of this Act.
SEC. 9. ADDITIONAL AUTHORIZATION FOR HIRING OF BORDER PATROL AGENTS.
In addition to such sums as are otherwise authorized, there is
authorized to be appropriated to the Department of Homeland Security
for each fiscal year beginning on or after October 1, 2004, $50,000,000
for employment of border patrol agents.
SEC. 10. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to establish a national
identification card, and it is the policy of the United States that the
Social Security card shall not be used as a national identification
card. | Illegal Immigration Enforcement and Social Security Protection Act of 2004 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require inclusion of encrypted electronic identification strips on Social Security cards.
Requires the Commissioner of Social Security to: (1) develop the strip in a manner that enables employers to access the Employment Eligibility Database (EED) established by this Act; and (2) transmit to the Secretary of Homeland Security necessary information from an individual's application for a Social Security card or number (as determined by the Secretary) for inclusion in the EED.
Directs the Secretary to establish and maintain the EED. Requires the EED to include data on the citizenship status and work and residency eligibility of noncitizens authorized to work in the United States.
Restricts access to EED information.
Prohibits individuals from commencing employment with a U.S. employer absent a Social Security card that meets the requirements of this Act and presentation of such card to the employer.
Prohibits employers from hiring individuals absent verification of identity and work authorization.
Authorizes the Secretary to: (1) assess penalties against employers who knowingly hire unauthorized workers or fail to comply with verification procedures; and (2) bring civil actions against those who fail to pay assessments or otherwise violate this Act. Establishes criminal penalties for such violations.
Mandates integration of Border Patrol and Federal Bureau of Investigation fingerprint databases.
States that nothing in this Act shall be construed to establish a national identification card. | {"src": "billsum_train", "title": "To enforce restrictions on employment in the United States of unauthorized aliens through the use of improved social security cards and an Employment Eligibility Database, and for other purposes."} | 2,746 | 328 | 0.625413 | 1.872731 | 0.78584 | 2.678322 | 8.98951 | 0.881119 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving the Family Farm Act of
2012''.
SEC. 2. EXCLUSION FROM GROSS ESTATE OF CERTAIN FARMLAND SO LONG AS
FARMLAND USE CONTINUES.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 is amended by inserting after section
2033 the following new section:
``SEC. 2033A. EXCLUSION OF CERTAIN FAMILY-OWNED FARMS AND BUSINESSES.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, the value of the gross estate shall not include
the adjusted value of any qualified family-owned farm or business
included in the estate.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States, and
``(2) during the 8-year period ending on the date of the
decedent's death there have been periods aggregating 5 years or
more during which--
``(A) not less than 60 percent of the qualified
family-owned farm or business was owned by the decedent
and members of the decedent's family, and
``(B) there was material participation (within the
meaning of section 2032A(e)(6)) by the decedent or the
qualified heir in the operation of such farm or
business.
Rules similar to the rules of paragraphs (4) and (5) of section
2032A(b) shall apply for purposes of subparagraph (B).
``(c) Definitions.--For purposes of this section--
``(1) Qualified family-owned farm or business.--The term
`qualified family-owned farm or business' means--
``(A) any qualified farmland, or
``(B) any qualified trade or business.
``(2) Qualified farmland.--The term `qualified farmland'
means any real property--
``(A) which is located in the United States,
``(B) which is used as a farm for farming purposes
(within the meaning of section 2032A(e)), and
``(C) which was acquired from or passed from the
decedent to a qualified heir of the decedent and which,
on the date of the decedent's death, was being so used
by the decedent or a member of the decedent's family.
``(3) Qualified trade or business.--The term `qualified
trade or business' means any interest in a trade or business of
the taxpayer--
``(A) which is not an interest in a C corporation,
and
``(B) which was acquired from or passed from the
decedent to a qualified heir of the decedent.
``(4) Adjusted value.--The term `adjusted value' means the
value of the qualified family-owned farm or business for
purposes of this chapter (determined without regard to this
section), reduced by the amount deductible under paragraph (3)
or (4) of section 2053(a).
``(5) Other terms.--Any other term used in this section
which is also used in section 2032A shall have the same meaning
given such term by section 2032A.
``(d) Tax Treatment of Dispositions and Failures To Use for Farming
Purposes.--
``(1) Imposition of recapture tax.--If, at any time after
the decedent's death and before the death of the qualified
heir--
``(A) the qualified heir disposes of any interest
in qualified family-owned farm or business (other than
by a disposition to a member of his family), or
``(B) in the case of qualified farmland, the
qualified heir ceases to use the real property which
was acquired (or passed) from the decedent as a farm
for farming purposes,
then, there is hereby imposed a recapture tax.
``(2) Amount of recapture tax, etc.--Rules similar to the
rules of section 2032A(c) with respect to the additional estate
tax shall apply for purposes of this subsection with respect to
the recapture tax.
``(e) Application of Other Rules.--To the extent provided by the
Secretary in regulations, rules similar to the rules of subsections
(e), (f), (g), (h), and (i) of section 2032A shall apply for purposes
of this section.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2033 the following new item:
``Sec. 2033A. Exclusion of certain family-owned farms and
businesses.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act. | Saving the Family Farm Act of 2012 - Amends the Internal Revenue Code to exclude from the gross estate of a decedent the adjusted value of any qualified family-owned farm or business (i.e., a qualified farmland or a qualified trade or business) included in the estate. Requires: (1) the decedent to have been a citizen or resident of the United States at the time of death, (2) the decedent and members of the decedent's family to have owned not less than 60% of such farm or business in any 5-year period during the 8-year period prior to the decedent's death, and (3) material participation in the operation of the farm or business by the decedent and members of the decedent's family.
Defines "qualified farmland" as any real property located in the United States that is used as a farm for farming purposes. Defines "qualified trade or business" as any interest in a trade or business that is not an interest in a C corporation and that was acquired from or passed from the decedent to an heir.
Imposes a recapture tax on an heir who disposes of any interest in a qualified family-owned farm or business or who ceases to use qualified farmland for farming purposes after inheriting such property. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to exempt certain family-owned farms and businesses from the estate tax."} | 1,156 | 283 | 0.708415 | 1.887185 | 0.807925 | 4.179592 | 4.097959 | 0.922449 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rent-To-Own Reform Act of 2001''.
SEC. RENT-TO-OWN PROTECTION ACT.
The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is
amended by adding at the end the following new title:
``TITLE X--RENT-TO-OWN TRANSACTIONS
``Sec.
``1001. Short title.
``1002. Findings and purposes.
``1003. Definitions.
``1004. Application of State laws regarding fees, charges, guarantees,
and warranties to rent-to-own transactions.
``1005. Application of Federal laws to rent-to-own transactions.
``1006. Disclosures.
``1007. Prohibitions and enforcement.
``1008. Civil liability.
``1009. Application of this title.
``1010. Regulations.
``1011. Relationship to other laws.
``SEC. 1001. SHORT TITLE.
``This title may be cited as the `Rent-To-Own Protection Act'.
``SEC. 1002. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds the following:
``(1) The rent-to-own industry targets its products
primarily to low income and minority neighborhoods.
``(2) The majority of rent-to-own customers enter into
rent-to-own contracts with the intention of owning the goods
for which they are contracting.
``(3) Rent-to-own dealers often fail to disclose key terms
of rent-to-own contracts, and engage in unfair collection
practices.
``(4) Of primary significance, rent-to-own dealers do not
provide customers with the protections afforded purchasers in
retail installment sales under State and Federal laws, and
often charge excessive fees and interest rates.
``(b) Purposes.--The purposes of this title are the following:
``(1) Provide consumers in rent-to-own transactions the
range of protections provided under State and Federal laws to
individuals that acquire goods in other consumer credit sales,
while recognizing and preserving consumers' unilateral right to
terminate.
``(2) Require rent-to-own contracts, and tags affixed to
items available for acquisition in rent-to-own transactions, to
disclose material terms of those transactions.
``(3) Prohibit rent-to-own dealers and collection agents
hired by those dealers from engaging in abusive collection
practices.
``SEC. 1003. DEFINITIONS.
``For purposes of this title, the following definitions shall
apply:
``(1) Board.--The term `Board' means the Board of Governors
of the Federal Reserve System.
``(2) Cash price.--The term `cash price' means--
``(A) the bona fide retail price for an item or
service in sales by a seller to consumers who pay the
full price in one payment, respectively--
``(i) before taking possession of the item,
or
``(ii) for receipt of the service other
than in a rent-to-own transaction,
as indicated by actual sales of such item or service by
the seller; and
``(B) in the case of a seller that does not
regularly engage in such sales of the item or service,
respectively--
``(i) the average cash retail price of the
item or a similar item in the community; or
``(ii) the estimated bona fide retail value
of the service.
``(3) Consumer.--The term `consumer'--
``(A) when used as an adjective, means for use by
an individual primarily for personal, family, or
household purposes; and
``(B) when used as a noun, means an individual who
is the lessee or bailee under a rent-to-own contract.
``(4) Credit.--The term `credit'--
``(A) includes the right granted by a seller to a
consumer to obtain possession of an item of consumer
goods under a rent-to-own contract before payment of
the total amount that is required to be paid to acquire
ownership of the item; and
``(B) is deemed to be a fixed sum equal to--
``(i) the total of payments for the item
required to obtain ownership of the item under
the contract; minus
``(ii) the sum of--
``(I) the cash price;
``(II) any fees specifically
allowable under State law, except
finance charges, interest, or a time
price differential; and
``(III) the termination fee under
section 1004.
``(5) Rent-to-own contract.--The term `rent-to-own
contract' means a contract in the form of a terminable lease or
bailment of an item of consumer goods, under which--
``(A) a consumer--
``(i) has the right of possession and use
of the item; and
``(ii) has the option to renew the contract
periodically by making payments specified in
the contract; and
``(B) a seller agrees, in writing or orally, to
transfer ownership of the item to the consumer upon the
fulfillment of all obligations of the consumer under
the contract for that transfer.
``(6) Rent-to-own transaction.--The term `rent-to-own
transaction' means the lease or bailment of an item of consumer
goods under a rent-to-own contract.
``(7) Seller.--The term `seller' means--
``(A) a person--
``(i) who regularly makes consumer goods
available under rent-to-own contracts; and
``(ii) to whom payments are payable under
those contracts; and
``(B) an assignee of such a person.
``(8) State.--The term `State' means any State, the
Commonwealth of Puerto Rico, the District of Columbia, and any
territory or possession of the United States.
``SEC. 1004. APPLICATION OF STATE LAWS REGARDING FEES, CHARGES,
GUARANTEES, AND WARRANTIES TO RENT-TO-OWN TRANSACTIONS.
``(a) In General.--Subject to subsection (b), a seller in a rent-
to-own transaction may not take, receive, or assess any interest,
finance charge, or other fee for the transaction that is in excess of
the interest, fees, or finance charges that may be charged under the
laws of the State in which the seller is located which--
``(1) establish a maximum rate or amount of interest,
finance charge, or time-price differential that may be charged
in connection with a credit sale or retail installment sale for
the same or a similar item;
``(2) establish the types of fees and the maximum amount of
fees that a seller may charge in connection with a credit sale
or retail installment sale for the same or a similar item; or
``(3) establish the types of credit insurance and the
maximum amount of premiums that can be charged for credit
insurance in connection with a credit sale or a retail
installment sale for the same or a similar item.
``(b) Additional Termination Charges and Fees.--
``(1) Charges and fees authorized.--In addition to fees and
charges authorized under subsection (a), a seller in a rent-to-
own transaction may charge--
``(A) a termination fee in accordance with
paragraph (2), if in exchange the consumer is given the
right to terminate the rent-to-own contract for the
transaction at any time without regard to whether the
consumer has completed payment of the fee; and
``(B) fees that are reasonable in relation to the
cash price of the good, for recovery of the items that
are the subject of the contract and that are not
voluntarily returned to the seller upon the termination
of the contract.
``(2) Termination fee.--A termination fee under paragraph
(1)(A)--
``(A) shall not exceed 5 percent of the cash price
under the contract;
``(B) shall be disclosed in the contract;
``(C) may be paid at the time the contract is
entered into or over the life of the contract; and
``(D) shall be calculated as part of the finance
charge as determined under section 106 of the Truth in
Lending Act.
``(3) Recovery fees.--A recovery fee under paragraph (1)(B)
shall be disclosed in the contract.
``(4) Effect of termination.--The termination of a rent-to-
own contract by a consumer in accordance with a right of
termination given to the consumer in exchange for a termination
fee under subsection (a)(1) is deemed to satisfy the consumer's
obligation for all payments and fees due under the contract, except
fees and charges under the contract that become due before the date of
termination.
``(c) Guarantees and Warranties.--All guarantees and warranties
established or required under the laws of a State for goods sold
pursuant to a consumer credit sale or retail installment sale apply to
goods which are the subject of a rent-to-own transaction in the State.
``SEC. 1005. APPLICATION OF FEDERAL LAWS TO RENT-TO-OWN TRANSACTIONS.
``The following Federal laws apply to a rent-to-own transaction, as
follows:
``(1) Truth in lending act.--The Truth in Lending Act
applies as such Act applies to a consumer credit transaction
that is a credit sale (as that term is defined in that Act).
``(2) Equal credit opportunity act.--The Equal Credit
Opportunity Act applies as such Act applies to credit
transactions. For purposes of that application--
``(A) a consumer shall be treated as an applicant;
and
``(B) a seller shall be treated as a creditor.
``(3) Fair debt collection practices act.--The Fair Debt
Collection Practices Act applies to the collection of payments
owed that arise from a rent-to-own transaction, unless those
payments are collected by any person specified in subparagraphs
(A) through (F) of section 803(6) of such Act. For purposes of
that application, payments owed shall be treated as debt.
``(4) Fair credit reporting act.--The Fair Credit Reporting
Act applies as such Act applies to a credit transaction and to
any extension or denial of credit.
``SEC. 1006. DISCLOSURES.
``(a) Disclosures on Goods.--A seller shall include on each item in
the place of business of the seller that is available for purchase
pursuant to a rent-to-own transaction the following information:
``(1) The cash price of the item.
``(2) An itemization of services offered under a rent-to-
own contract for the item, and the cash price of each service.
``(3) The annual percentage rate of the item under a rent-
to-own contract, determined under section 107 of the Truth in
Lending Act.
``(4) The weekly, biweekly, monthly, or other incremental
payment applicable under the rent-to-own contract for the
transaction and the number of payments.
``(5) The total of payments required to be paid to acquire
ownership of the item under a rent-to-own contract for the
transaction, determined under regulations under the Truth in
Lending Act.
``(6) Specification of whether the item is new or used.
``(b) Disclosures Upon Contracting.--A seller shall provide to a
consumer in writing, at the time the seller and consumer enter into a
rent-to-own contract for an item, the information referred to in
subsection (a) for the item and the contract.
``SEC. 1007. PROHIBITIONS AND ENFORCEMENT.
``(a) Prohibitions.--A person who is a seller under a rent-to-own
contract with a consumer shall not--
``(1) threaten or invoke criminal prosecution of a consumer
for any matter related to the contract, unless there is clear
and convincing evidence that the goods that are the subject of
the contract are being held by the consumer with an intent to
defraud the seller;
``(2) use threats or coercion to collect or attempt to
collect any amounts alleged to be due from the consumer;
``(3) engage in any conduct, the natural consequence of
which is to oppress, harass, or abuse any person in connection
with an attempt to collect amounts owed by the consumer under
the contract;
``(4) unreasonably disclose information to third parties
regarding amounts owed by the consumer;
``(5) make any fraudulent, deceptive, or misleading
representation to obtain information about the consumer or to
collect amounts owed by the consumer;
``(6) use any unconscionable means to collect or attempt to
collect a debt owed to the seller;
``(7) advertise, announce, solicit, or otherwise represent
as free or available without charge (including by use of other
words of similar meaning) any service under the contract for
which the seller charges the consumer, including any service
for which a charge is collected by inclusion in the amount
required to be paid under the contract;
``(8) use, for purposes of complying with any State or
Federal law governing rent-to-own transactions (other than a
State or Federal tax law) any definition of the term `cash
price' other than the definition under section 1003(2);
``(9) engage in any act or practice which is unfair or
deceptive in connection with a rent-to-own transaction; or
``(10) violate any regulation issued by the Board under
subsection (c)(1).
``(b) Enforcement.--
``(1) Enforcement.--Compliance with the requirements under
this title shall be enforced by the Federal Trade Commission.
All functions and powers of the Federal Trade Commission under
the Federal Trade Commission Act shall be available to the
Commission to enforce compliance with this title by any person,
irrespective of whether the person is engaged in commerce or
meets any other jurisdictional tests in the Federal Trade
Commission Act, including the power to enforce the provisions
of this title in the same manner as if the violation had been a
violation of a Federal Trade Commission trade regulation rule.
``(2) Treatment of violations.--For the purpose of the
exercise by the Federal Trade Commission of the functions and
powers of such Commission under the Federal Trade Commission
Act, a violation of any requirement or prohibition under this
title is deemed to be an unfair or deceptive act or practice in
commerce in violation of that Act.
``(c) Regulations.--
``(1) Board.--The Board shall issue such regulations as are
necessary or appropriate for implementing subsection (a),
including regulations describing specific practices by a seller
that are prohibited by paragraphs (1) through (9) of that
subsection.
``(2) Federal trade commission.--The Federal Trade
Commission shall issue regulations implementing subsection (b).
``SEC. 1008. CIVIL LIABILITY.
``(a) Liability for Failure To Properly Disclose Terms.--Any seller
who fails to comply with a requirement under section 1006 is liable to
the consumer in an amount equal to the sum of--
``(1) actual damages sustained by the consumer as a result
of the failure;
``(2) $250 for each failure; and
``(3) all costs of the action and reasonable attorney fees,
as determined by the court.
``(b) Other Liability.--A seller that violates this title or fails
to comply with any requirement imposed under this title, other than
under section 1006, shall be liable to the consumer in an amount equal
to the sum of--
``(1) actual damages sustained by the consumer as a result
of the violation;
``(2) $2,500 for each violation; and
``(3) all costs of the action and reasonable attorney fees,
as determined by the court.
``(c) Jurisdiction and Limitation.--An action under this title may
be brought in any United States district court or in any other court of
competent jurisdiction, within 24 months after the date of the
violation or failure that is the subject of the action. This subsection
does not bar a person from asserting a violation of this title in an
action to collect amounts alleged to be due from the person which is
brought more than 2 years after the date of the occurrence of the
violation as a matter of defense by recoupment or set-off in such
action.
``SEC. 1009. APPLICATION OF THIS TITLE.
``(a) In General.--This title shall apply to rent-to-own contracts
entered into after the date of the issuance of regulations by the Board
under section 1010.
``(b) Motor Vehicles.--This title shall not apply to any lease or
sale of a motor vehicle entered into after the date of the enactment of
the Rent-To-Own Reform Act of 2001 that, if entered into on the day
before that date of enactment, would have been subject to chapter 5 of
the Truth in Lending Act.
``SEC. 1010. REGULATIONS.
``The Board shall issue such regulations as may be necessary to
implement this Act (including regulations under section 1007(c)(1)), by
not later than 12 months after the date of the enactment of the Rent-
To-Own Reform Act of 2001.
``SEC. 1011. RELATIONSHIP TO OTHER LAWS.
``(a) State Law.--This title does not annul, alter, or affect, or
exempt any person subject to the provisions of this title from
complying with, the laws of any State with respect to rent-to-own
transactions, except to the extent that those laws are inconsistent
with any provision of this title, and then only to the extent of the
inconsistency.
``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5
of the Truth in Lending Act, relating to consumer leases, shall not
apply to a rent-to-own transaction except the lease or sale of a motor
vehicle that, if entered into on the day before the date of the
enactment of the Rent-To-Own Reform Act of 2001, would have been
subject to that chapter.''. | Rent-To-Own Reform Act of 2001 - Amends the Consumer Credit Protection Act to prohibit seller-imposed interest, finance charges, or other fees in a rent-to-own transaction that exceed maximum interest, fees, or finance charges that may be charged for a credit sale or retail installment sale for the same or similar item under the laws of the seller's State.Prescribes guidelines for authorized seller termination charges.Grants a rent-to-own transaction: (1) the same warranty and guaranty protections as apply to a consumer credit sale or retail installment sale; and (2) specified statutory protections under the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act..Mandates specified seller disclosures on goods in a rent-to-own transaction, including payment terms. Prohibits specified seller practices. Grants the Federal Trade Commission enforcement powers.Subjects a seller to civil liability to the consumer for violations of this Act. | {"src": "billsum_train", "title": "To amend the Consumer Credit Protection Act to protect consumers from inadequate disclosures and certain abusive practices in rent-to-own transactions, and for other purposes."} | 4,045 | 227 | 0.604605 | 1.849654 | 0.681964 | 3.979275 | 20.07772 | 0.932642 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Breast Cancer Strategy Act
of 1993''.
TITLE I--ESTABLISHMENT OF OFFICE OF BREAST CANCER AND NATIONAL BREAST
CANCER COMMISSION
SEC. 101. OFFICE OF BREAST CANCER.
Title XVII of the Public Health Service Act (42 U.S.C. 300uu et
seq.) is amended by adding at the end the following new section:
``SEC. 1709. ESTABLISHMENT OF OFFICE OF BREAST CANCER.
``(a) In General.--There is established an Office of Breast Cancer
within the Office of the Assistant Secretary for Health. The Office
shall have a Director who shall be appointed by the Secretary. The
Secretary, acting through the Director, shall carry out this section.
``(b) Duties.--The Secretary shall coordinate, in conjunction with
the Director of the National Cancer Institute, the activities of the
Institute relating to breast cancer with similar activities of other
agencies of the Federal Government, including the other agencies of the
National Institutes of Health, and with similar activities of other
public entities and of private entities.
SEC. 102. ESTABLISHMENT OF NATIONAL BREAST CANCER COMMISSION.
Title XVII of the Public Health Service Act (42 U.S.C. 300uu et
seq.), as amended by section 101, is amended by adding at the end the
following new section:
``SEC. 1710. NATIONAL BREAST CANCER COMMISSION.
``(a) Establishment.--There is established a commission to be known
as the `National Breast Cancer Commission' (in this section referred to
as the `Commission').
``(b) Study.--The Commission shall conduct a study on current
efforts in both the public and private sectors relating to the
prevention, early detection, treatment, education, and research
relating to breast cancer.
``(c) Report.--Not later than 1 year after the date on which the
initial appointments of the members have been completed under
subsection (d), the Commission shall submit to the President and the
Congress a report containing--
``(1) the results of the study conducted under subsection
(b); and
``(2) recommendations relating to such study.
``(d) Number and Appointment.--
``(1) Appointment.--The Commission shall be composed of 15
members as follows:
``(A) 5 members shall be appointed by the
President--
``(i) 3 of whom shall be--
``(I) the Secretary of Health and
Human Services;
``(II) the Secretary of Veterans
Affairs; and
``(III) the Secretary of Defense;
who shall be nonvoting members, except that, in
the case of a tie vote by the Commission, the
Secretary of Health and Human Services shall be
a voting member; and
``(ii) 2 of whom shall be selected from the
general public on the basis of such individuals
being specially qualified to serve on the
Commission by reason of their education,
training, or experience.
``(B) 5 members shall be appointed by the Speaker
of the House of Representatives on the joint
recommendation of the Majority and Minority Leaders of
the House of Representatives.
``(C) 5 members shall be appointed by the President
pro tempore of the Senate on the joint recommendation
of the Majority and Minority Leaders of the Senate.
``(2) Congressional committee recommendations.--In making
appointments under subparagraphs (B) and (C) of paragraph (1),
the Majority and Minority leaders of the House of
Representatives and the Senate shall duly consider the
recommendations of the Chairmen and Ranking Minority Members of
committees with jurisdiction over laws contained in chapter 17
of title 38, United States Code (relating to veterans' health
care), title XIX of the Social Security Act (42 U.S.C. 1901 et
seq.) (relating to Medicaid), and the Public Health Service Act
(42 U.S.C. 201 et seq.) (relating to the Public Health
Service).
``(3) Requirements of appointments.--The Majority and
Minority leaders of the Senate and the House of Representatives
shall--
``(A) select individuals who are specially
qualified to serve on the Commission by reason of their
education, training, or experience; and
``(B) engage in consultations for the purpose of
ensuring that the expertise of the 10 members appointed
by the Speaker of the House of Representatives and the
President pro tempore of the Senate shall provide as
much of a balance as possible and, to the greatest
extent possible, cover the fields of medicine, science,
law, ethics, health-care and social services.
``(4) Term of members.--Members of the Commission (other
than members appointed under paragraph (1)(A)(i)) shall serve
for the life of the Commission.
``(5) Vacancy.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
``(e) Chairman.--Not later than 15 days after the members of the
Commission are appointed, such members shall select a Chairman from
among the members of the Commission.
``(f) Quorum.--7 members of the Commission shall constitute a
quorum, but a lesser number may be authorized by the Commission to
conduct hearings.
``(g) Meetings.--The Commission shall hold its 1st meeting on a
date specified by the Chairman. After the initial meeting, the
Commission shall meet at the call of the Chairman or a majority of its
members, but shall meet at least 3 times each year during the life of
the Commission.
``(h) Pay.--Members of the Commission who are officers or employees
or elected officials of a government entity shall receive no additional
compensation by reason of their service on the Commission.
``(i) Per Diem.--While away from their homes or regular places of
business in the performance of duties for the Commission, members of
the Commission shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under sections 5702 and 5703 of title 5, United States Code.
``(j) Deadline for Appointment.--The members of the Commission
shall be appointed not later than 60 days after the date of the
enactment of this section.
``(k) Termination.--The Commission shall cease to exist 60 days
after the date on which its final report is submitted under subsection
(c).''.
TITLE II--DUTIES OF DIRECTOR OF THE NATIONAL CANCER INSTITUTE RELATING
TO BREAST CANCER
SEC. 201. PROVISIONS FOR FULL FUNDING FOR NATIONAL CANCER INSTITUTE
WITH RESPECT TO RESEARCH ON BREAST CANCER.
Section 408(a)(1) of the Public Health Service Act (42 U.S.C.
284c(a)(1)) is amended by adding at the end the following subparagraph:
``(C) For the purpose of conducting and supporting research
on breast cancer through the National Cancer Institute, there
is authorized to be appropriated for fiscal year 1994 an amount
equal to the sum of $300,000,000 and the amount obligated by
such Institute for such research for fiscal year 1993. For such
purpose, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 1995 and 1996.''.
SEC. 202. DUTIES OF DIRECTOR.
Subpart 1 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended by adding at the end the following
new section:
``SEC. 417. DUTIES OF DIRECTOR OF THE INSTITUTE RELATING TO BREAST
CANCER RESEARCH.
``(a) The Director of the Institute shall conduct and support
biomedical and behavioral research and research training, the
dissemination of health information, and other programs with respect to
breast cancer.
``(b) In carrying out subsection (a), the Director of the Institute
shall conduct or support multidisciplinary clinical research on breast
cancer, including research on assisting individuals with such cancers
(and the families of such individuals) and with responding to
psychological and social problems that arise as the result of the
cancer.
``(c)(1) The Director of the Institute shall establish the Rose
Kushner Scholarship Program for the purpose of entering into contracts
with individuals under which--
``(A) the Director of the Institute agrees to provide to
the individuals scholarships for attendance at accredited
health professions schools; and
``(B) the individuals agree--
``(i) to complete the programs of education for
which the scholarships are provided;
``(ii) to complete a program of postgraduate
clinical training in oncology; and
``(iii) after completing a program of such
training, to serve as employees of the National
Institutes of Health, for the period described in
paragraph (2), in positions that are needed by such
Institutes in carrying out programs with respect to
breast cancer.
``(2)(A) For purposes of paragraph (1)(B)(iii), the period of
service for which an individual is obligated to serve as an employee of
the National Institutes of Health is 12 months for each academic year
for which the scholarship under such subsection is provided.
``(B) The Director of the Institute may defer the obligation of an
individual to provide a period of service under paragraph (1)(B)(iii),
if the Director determines that such a deferral is appropriate.
``(C) For any period in which an individual provides service as an
employee of the National Institutes of Health in satisfaction of the
obligation of the individual under paragraph (1)(B)(iii), the
individual may be appointed as such an employee without regard to the
provisions of title 5, United States Code, relating to appointment and
compensation.
``(3)(A) The Director of the Institute may not provide a
scholarship under paragraph (1) for an academic year unless--
``(i) the individual applying for the scholarship has
submitted to the Director a proposed academic program for the
year and the Director has approved the program; and
``(ii) the individual agrees that the program will not be
altered without the approval of the Director.
``(B) The Director of the Institute may not provide a scholarship
under paragraph (1) for an academic year unless the individual applying
for the scholarship agrees to maintain an acceptable level of academic
standing, as determined by the educational institution involved in
accordance with regulations issued by the Secretary.
``(4)(A) The Director of the Institute may not provide a
scholarship under paragraph (1) for an academic year in an amount
exceeding $10,000.
``(B) A scholarship provided under paragraph (1) may be expended
only for tuition expenses, other reasonable educational expenses, and
reasonable living expenses incurred while attending the health
professions school involved.
``(C) In the case of a health professions school with respect to
which a scholarship under paragraph (1) is provided, the Director of
the Institute may enter into a contract with the school under which the
amounts provided in the scholarship for tuition and other educational
expenses are paid directly to the school. Payments to the school under
the contract may be made without regard to section 3324 of title 31,
United States Code.
``(5) The provisions of section 338E shall apply to the program
established in paragraph (1) to the same extent and in the same manner
as such provisions apply to the National Health Service Corps Loan
Repayment Program established in section 338B.
``(6) The Director of the Institute may not provide a scholarship
under paragraph (1) unless an application for the scholarship is
submitted to the Director and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Director determines to be necessary to carry out
this section.
``(d)(1) The Director of the Institute shall, subject to paragraph
(2), carry out a program of entering into contracts with appropriately
qualified health professionals under which the professionals agree to
carry out activities with respect to breast cancer as employees of the
National Institutes of Health in consideration of the Federal
Government agreeing to pay, for each year of such service, not more
than $20,000 of the principal and interest of the educational loans of
the professionals.
``(2) The Director of the Institute may not enter into a contract
with a health professional pursuant to paragraph (1) unless the
professional has a substantial amount of educational loans relative to
income.
``(3) Except to the extent inconsistent with this section, 338E
shall apply to the program established in paragraph (1) to the same
extent and in the same manner as such section applies to the National
Health Service Corps Loan Repayment Program established in section
338B.''.
SEC. 203. SPECIALIZED PROGRAMS OF RESEARCH EXCELLENCE WITH RESPECT TO
BREAST, LUNG, AND PROSTATE CANCER.
Section 408(a)(1) of the Public Health Service Act, as amended by
section 201, is amended by adding at the end the following
subparagraph:
``(D)(i) For the purpose of carrying out not less than 10
programs for research on breast cancer, lung cancer, or
prostate cancer under the programs designated by the Director
of the National Cancer Institute as the Specialized Programs of
Research Excellence, there is authorized to be appropriated
such sums as may be necessary for each of the fiscal years 1994
through 1996.
``(ii) With respect to the purpose described in clause (i),
the authorizations of appropriations established in such clause
may not be construed as terminating the availability for such
purpose of any other authorization of appropriations (including
the authorization established in subparagraph (A).''. | TABLE OF CONTENTS:
Title I: Establishment of Office of Breast Cancer and
National Breast Cancer Commission
Title II: Duties of Director of the National Cancer
Institute Relating to Breast Cancer
National Breast Cancer Strategy Act of 1993 -
Title I: Establishment of Office of Breast Cancer and National Breast Cancer Commission
- Amends the Public Health Service Act to establish: (1) the Office of Breast Cancer in the Office of the Assistant Secretary for Health; and (2) the National Breast Cancer Commission to study public and private breast cancer prevention, early detection, treatment, education, and research.
Title II: Duties of Director of the National Cancer Institute Relating to Breast Cancer
- Authorizes appropriations for conducting and supporting breast cancer research.
Adds biomedical and behavioral research, training, and dissemination of information regarding breast cancer to the duties of the National Cancer Institute Director.
Establishes the Rose Kushner Scholarship Program of scholarships in exchange for completing post-graduate clinical oncology training and serving as National Institutes of Health (NIH) employees carrying out breast cancer programs.
Establishes a program of educational loan repayments in exchange for breast cancer activities as NIH employees.
Authorizes appropriations for at least ten programs for research on breast, lung, and prostate cancer under designated Specialized Programs of Research Excellence. | {"src": "billsum_train", "title": "National Breast Cancer Strategy Act of 1993"} | 3,066 | 281 | 0.634276 | 1.590336 | 0.900532 | 3.568627 | 11.062745 | 0.909804 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The placement of commercial telecommunications, radio,
or television towers near homes can greatly reduce the value of
such homes, destroy the views from such homes, and reduce
substantially the desire to live in such homes.
(2) States and localities should be able to exercise
control over the siting and modification of such towers through
the use of zoning, planned growth, and other controls relating
to the protection of the environment and public safety.
(3) There are alternatives to the construction of towers to
meet telecommunications and broadcast needs, including the co-
location of antennae on existing towers or structures,
towerless PCS-Over-Cable telephone service, satellite
television systems, low-Earth orbit satellite communication
networks, and other alternative technologies.
(4) There are alternative methods of designing towers to
meet telecommunications and broadcast needs, including the use
of small towers that do not require blinking aircraft safety
lights, break skylines, or protrude above tree canopies and
that are camouflaged or disguised to blend with their
surroundings, or both.
(5) On August 19, 1997, the Federal Communications
Commission issued a proposed rule, MM Docket No. 97-182, which
would preempt the application of State and local zoning and
land use ordinances regarding the placement of broadcast
transmission facilities. It is in the interest of the Nation
that the Commission not adopt this rule.
(6) It is in the interest of the Nation that the memoranda
opinions and orders and proposed rules of the Commission with
respect to application of certain ordinances to the placement
of such towers (WT Docket No. 97-192, ET Docket No. 93-62, RM-
8577, and FCC 97-303, 62 F.R. 47960) be modified in order to
permit State and local governments to exercise their zoning and
land use authorities, and their power to protect public health
and safety, to regulate the placement of telecommunications or
broadcast towers and to place the burden of proof in civil
actions, and in actions before the Commission relating to the
placement of such towers, on the person or entity that seeks to
place, construct, or modify such towers.
(7) PCS-Over-Cable or satellite telecommunications systems,
including low-Earth orbit satellites, offer a significant
opportunity to provide so-called ``911'' emergency telephone
service throughout much of the United States.
(8) According to the Comptroller General, the Commission
does not consider itself a health agency and turns to health
and radiation experts outside the Commission for guidance on
the issue of health effects of radio frequency exposure.
(9) The Federal Aviation Administration does not have the
authority to regulate the siting of personal wireless telephone
or broadcast transmission towers near airports or high-volume
air traffic areas such as corridors of airspace or commonly
used flyways. The Commission's proposed rules to preempt State
and local zoning and land-use restrictions for the siting of
such towers will have a serious negative impact on aviation
safety, airport capacity and investment, and the efficient use
of navigable airspace.
(b) Purposes.--The purposes of this Act are as follows:
(1) To repeal certain limitations on State and local
authority regarding the placement, construction, and
modification of personal wireless service towers and related
facilities as such limitations arise under section 332(c)(7) of
the Communications Act of 1934 (47 U.S.C. 332(c)(7)).
(2) To permit State and local governments--
(A) in cases where the placement, construction, or
modification of personal wireless service telephone and
broadcast towers and other facilities is inconsistent with State and
local requirements or decisions, to require the use of alternative
telecommunication or broadcast technologies when such alternative
technologies are available; and
(B) to regulate the placement of such towers so
that their location or modification will not interfere
with the safe and efficient use of public airspace or
otherwise compromise or endanger public safety.
SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF BROADCAST TRANSMISSION AND OTHER
TELECOMMUNICATIONS FACILITIES.
(a) Repeal of Limitations on Regulation of Personal Wireless
Facilities.--Section 332(c)(7)(B) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(B)) is amended--
(1) in clause (i), by striking ``thereof--'' and all that
follows through the end and inserting ``thereof shall not
unreasonably discriminate among providers of functionally
equivalent services.'';
(2) by striking clause (iv);
(3) by redesignating clause (v) as clause (iv); and
(4) in clause (iv), as so redesignated--
(A) in the first sentence, by striking ``30 days
after such action or failure to act'' and inserting
``30 days after exhaustion of any administrative
remedies with respect to such action or failure to
act''; and
(B) by striking the third sentence and inserting
the following: ``In any such action in which a person
seeking to place, construct, or modify a tower facility
is a party, such person shall bear the burden of
proof.''.
(b) Prohibition on Adoption of Rule Regarding Preemption of State
and Local Authority Over Broadcast Transmission Facilities.--
Notwithstanding any other provision of law, the Federal Communications
Commission may not adopt as a final rule the proposed rule set forth in
``Preemption of State and Local Zoning and Land Use Restrictions on
Siting, Placement and Construction of Broadcast Station Transmission
Facilities'', MM Docket No. 97-182, released August 19, 1997.
(c) Authority Over Placement, Construction, and Modification of
Other Transmission Towers.--Part I of title III of the Communications
Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 337. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF TELECOMMUNICATIONS AND BROADCAST TOWERS.
``(a) In General.--Notwithstanding any other provision of this Act,
no provision of this Act may be interpreted to authorize any person to
place, construct, or modify a broadcast tower or telecommunications
tower in a manner that is inconsistent with State or local law, or
contrary to an official decision of the appropriate State or local
government entity having authority to approve, license, modify, or deny
an application to place, construct, or modify a tower, if alternate
technology is capable of delivering the broadcast or telecommunications
signals without the use of a tower.
``(b) Authority Regarding Production of Safety Studies.--No
provision of this Act may be interpreted to prohibit a State or local
government from--
``(1) requiring a person seeking authority to locate
telecommunications facilities or broadcast transmission
facilities within the jurisdiction of such government to
produce--
``(A) environmental studies, engineering reports,
or other documentation of the compliance of such
facilities with radio frequency exposure limits
established by the Commission; and
``(B) documentation of the compliance of such
facilities with applicable Federal, State, and local
aviation safety standards or aviation obstruction
standards regarding objects effecting navigable
airspace; or
``(2) refusing to grant authority to such person to locate
such facilities within the jurisdiction of such government if
such person fails to produce any studies, reports, or
documentation required under paragraph (1).''. | Amends the Communications Act of 1934 to: (1) repeal a provision which prohibits a State or local government from regulating the placement, construction, or modification of personal wireless service facilities (communications towers) on the basis of the environmental effects of frequency emissions from such facilities when such facilities comply with Federal Communications Commission (FCC) regulations; (2) allow any person adversely affected by any final action or failure to act by a State or local government with respect to such facilities to commence an action in any court of competent jurisdiction within 30 days after exhaustion of any administrative remedies; (3) require that, in any action in which a person seeking to place, construct, or modify such a facility is a party, such person bear the burden of proof of its necessity; and (4) prohibit the FCC from adopting as a final rule a certain proposed rule which would preempt State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities.
Prohibits any provision of such Act from being interpreted to: (1) authorize any person to place, construct, or modify a broadcast or telecommunications tower in a manner that is inconsistent with State or local law or contrary to an official State decision if alternate technology is capable of delivering the broadcast or telecommunications signals without the use of such a tower; or (2) prohibit a State or local government from requiring a person seeking authority to locate such facilities within a local jurisdiction to produce appropriate documentation of compliance with FCC radio frequency exposure limits and aviation safety standards. Authorizes such State or local government to refuse to grant such location authority to any person who fails to produce such documentation. | {"src": "billsum_train", "title": "A bill to amend the Communications Act of 1934 to clarify State and local authority to regulate the placement, construction, and modification of broadcast transmission and telecommunications facilities, and for other purposes."} | 1,711 | 360 | 0.507388 | 1.728318 | 0.716735 | 3.621951 | 4.664634 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rebuilding Local Business Act of
2010''.
SEC. 2. REBUILDING COUNTIES.
(a) In General.--Section 3(p) of the Small Business Act (15 U.S.C.
632(p)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``or'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(F) rebuilding counties.''; and
(2) in paragraph (4), by adding at the end the following:
``(E) Rebuilding counties.--
``(i) In general.--The term `rebuilding
county' means an initial period rebuilding
county or an extension period rebuilding
county.
``(ii) Initial period rebuilding county.--
The term `initial period rebuilding county'
means a county, parish, or similar political
subdivision--
``(I) for which the Administrator
determines that the 1-year unemployment
rate average is not less than 110
percent of the 1-year average
unadjusted unemployment rate for the
United States, based on the most recent
data available from the Secretary of
Labor;
``(II) that--
``(aa) as of the date of
the determination under
subclause (I), is not a
HUBZone; or
``(bb) will cease to
qualify as a HUBZone not later
than 2 years after the date of
the determination under
subclause (I); and
``(III) during the 3-year period
beginning on the date on which the
Administrator makes the determination
under subclause (I).
``(iii) Extension period rebuilding
county.--The term `extension period rebuilding
county' means a county, parish, or similar
political subdivision--
``(I) for which the Administrator
has made a determination under clause
(ii)(I);
``(II) for which the 3-year period
described in clause (ii)(III) has
ended;
``(III) for which the Administrator
determines that the average
unemployment rate for the 1-year period
ending on the date on which the 3-year
period described in clause (ii)(III)
ends is not less than 140 percent of
the 1-year average unadjusted
unemployment rate for the United
States, based on the most recent data
available from the Secretary of Labor;
and
``(IV) during the period beginning
on the date on which the Administrator
makes the determination under subclause
(III) and ending on the earlier of--
``(aa) the date that is 3
years after the date of the
determination under subclause
(III); and
``(bb) the date on which
the Bureau of the Census
publicly releases the initial
results of the first decennial
census occurring after the date
of the determination under
subclause (III).
``(iv) 1-year unemployment rate average.--
The term `1-year unemployment rate average'
means the average unemployment rate, based on
the most recent data available from the
Secretary of Labor, during any 1-year period
during the period--
``(I) beginning on the date on
which a recession begins, as determined
by the National Bureau of Economic
Research; and
``(II) ending on the date that is
180 days after the date on which the
National Bureau of Economic Research
publicly releases the determination
under subclause (I).''.
(b) Recession of 2007.--For purposes of applying section 3(p)(4) of
the Small Business Act, as added by subsection (a), in relation to the
recession announced by the National Bureau of Economic Research on
December 1, 2008, the term ``1-year unemployment rate average'' means
the average unemployment rate during the 1-year period ending on the
date of enactment of this Act, based on the most recent data available
from the Secretary of Labor. | Rebuilding Local Business Act of 2010 - Amends the Small Business Act to designate as a HUBZone (historically underutilized business zone), for purposes of assistance under such Act: (1) an initial period rebuilding county; and (2) an extension period rebuilding county.
Defines an initial period rebuilding county as a county, parish, or similar political subdivision: (1) for which the Administrator of the Small Business Administration (SBA) determines that the one-year unemployment rate is at least 110% of the one-year average unadjusted unemployment rate for the United States; (2) that is not a HUBZone or will cease to qualify as a HUBZone two years after such unemployment determination; and (3) during the three-year period beginning on the date of such unemployment determination.
Defines an extension rebuilding county as a county, parish, or political subdivision: (1) in which the Administrator has made the above unemployment determination; (2) for which the above three-year period has ended; (3) for which the Administrator determines that the unemployment rate as of a specified date is at least 140% of the average unadjusted unemployment rate; and (4) for which such designation extends for an additional specified period after the three-year period. | {"src": "billsum_train", "title": "To amend the Small Business Act to temporarily designate as a HUBZone counties that are most affected by a recession."} | 907 | 273 | 0.731607 | 1.922868 | 0.850522 | 2.477733 | 3.526316 | 0.866397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Preble's Conservation
Act''.
SEC. 2. SPECIAL REQUIREMENTS REGARDING PREBLE'S MEADOW JUMPING MOUSE.
(a) In General.--Section 13 of the Endangered Species Act of 1973
is amended to read as follows:
``special requirements regarding preble's meadow jumping mouse
``Sec. 13. (a) Use of Best Scientific and Commercial Data
Available.--In any case in which the Secretary is required by this Act
to use the best scientific and commercial data available with respect
to determining whether the Preble's meadow jumping mouse is an
endangered species or a threatened species, the Secretary--
``(1) in evaluating comparable data, shall give greater
weight to scientific or commercial data that are empirical or
have been field-tested or peer-reviewed; and
``(2) shall include, in data used with respect to that
species, data regarding population numbers of the species.
``(b) Field Data.--
``(1) Requirement.--The Secretary may not determine under
section 4 that the Preble's meadow jumping mouse is an
endangered species or a threatened species unless the
determination is supported by data obtained by observation of
the species in the field.
``(2) Data from landowners.--The Secretary shall--
``(A) accept and acknowledge receipt of data
regarding the status of that species that is collected
by an owner of land through observation of the species
on the land; and
``(B) include the data in the rulemaking record
compiled for any determination that the species is an
endangered species or a threatened species.
``(c) Independent Scientific Review Requirements.--
``(1) Definitions.--In this subsection:
``(A) Action.--The term `action' means--
``(i) the determination that the Preble's
meadow jumping mouse is an endangered species
or a threatened species under section 4(a); and
``(ii) the determination under section 4(a)
that the Preble's meadow jumping mouse should
be removed from any list published under
section 4(c)(1).
``(B) Qualified individual.--The term `qualified
individual' means an individual with expertise in the
biological sciences--
``(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
Preble's meadow jumping mouse or a similar
species or other scientific expertise relevant
to the decision of the Secretary under section
4(a) or (f);
``(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
``(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
``(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
``(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review of actions.
``(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
``(B) The selection and activities of the reviewers
selected pursuant to this section shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
``(C) Reviewers shall be compensated for conducting the
independent review.
``(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the Preble's meadow
jumping mouse.
``(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
``(A) a summary of the results of the independent
scientific review; and
``(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
``(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.
(b) Conforming Amendment.--The table of sections in the first
section of such Act is amended by striking the item relating to section
13 and inserting the following:
``Sec. 13. Special requirements regarding Preble's meadow jumping
mouse.''. | Common Sense Preble's Conservation Act - Amends the Endangered Species Act of 1973 to provide that, in any case in which the Secretary of the Interior is required to use the best scientific and commercial data available with respect to determining whether the Preble's meadow jumping mouse is an endangered or threatened species, the Secretary: (1) in evaluating comparable data, shall give greater weight to scientific or commercial data that are empirical or have been field-tested or peer-reviewed; and (2) shall include data regarding population numbers of the species.Prohibits the Secretary from determining that the Preble's meadow jumping mouse is an endangered or threatened species unless the determination is supported by data obtained by observation of the species in the field.Directs the Secretary to: (1) accept and acknowledge receipt of data regarding the status of that species that is collected by an owner of land through observation of the species on the land, and include the data in the rule-making record compiled for any determination that the species is an endangered or threatened species; (2) solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review of actions; and (3) appoint randomly from among the list, before any action becomes final, three qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based. | {"src": "billsum_train", "title": "To amend the Endangered Species Act of 1973 to establish special requirements for determining whether the Preble's meadow jumping mouse is an endangered species or threatened species."} | 1,144 | 297 | 0.809606 | 2.325738 | 0.983458 | 6.713235 | 3.838235 | 0.970588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Life Insurance
Improvement Act''.
SEC. 2. STUDY AND REPORT ON CERTAIN LIFE INSURANCE OPTIONS OFFERED TO
FEDERAL EMPLOYEES.
(a) In General.--Not later than July 31, 1998, the Office of
Personnel Management shall conduct a study on life insurance options
for Federal employees described under subsection (b) and submit a
report to Congress.
(b) Study and Report.--The study and report referred to under
subsection (a) shall--
(1) survey and ascertain the interest of Federal employees in
an offering under chapter 87 of title 5, United States Code, of
insurance coverage options relating to--
(A) group universal life insurance;
(B) group variable universal life insurance; and
(C) additional voluntary accidental death and dismemberment
insurance; and
(2) include any comments, analysis, and recommendations of the
Office of Personnel Management relating to such options.
SEC. 3. REPEAL OF MAXIMUM LIMITATION ON EMPLOYEE INSURANCE.
Chapter 87 of title 5, United States Code, is amended--
(1) in section 8701(c), in the first sentence, by striking the
comma immediately following ``$10,000'' and all that follows and
inserting a period; and
(2) in section 8714b(b), in the first sentence, by striking
``except'' and all that follows and inserting a period.
SEC. 4. FOSTER CHILD COVERAGE.
Section 8701(d)(1)(B) of title 5, United States Code, is amended by
inserting ``or foster child'' after ``stepchild'' both places it
appears.
SEC. 5. INCONTESTABILITY OF ERRONEOUS COVERAGE.
Section 8706 of title 5, United States Code, as amended by section
5(2), is further amended by adding at the end the following new
subsection:
``(g) The insurance of an employee under a policy purchased under
section 8709 shall not be invalidated based on a finding that the
employee erroneously became insured, or erroneously continued insurance
upon retirement or entitlement to compensation under subchapter I of
chapter 81 of this title, if such finding occurs after the erroneous
insurance and applicable withholdings have been in force for 2 years
during the employee's lifetime.''.
SEC. 6. DIRECT PAYMENT OF INSURANCE CONTRIBUTIONS.
Chapter 87 of title 5, United States Code, is amended--
(1) in section 8707--
(A) in subsection (a), by striking ``(a) During'' and
inserting ``(a) Subject to subsection (c)(2), during'';
(B) in subsection (b), by striking ``(b)(1) Whenever'' and
inserting ``(b)(1) Subject to subsection (c)(2), whenever'';
and
(C) in subsection (c), by inserting ``(1)'' immediately
after ``(c)'' and by adding at the end the following new
paragraph:
``(2) An employee who is subject to withholdings under this section
and whose pay, annuity, or compensation is insufficient to cover such
withholdings may nevertheless continue insurance if the employee
arranges to pay currently into the Employees' Life Insurance Fund,
through the agency or retirement system that administers pay, annuity,
or compensation, an amount equal to the withholdings that would
otherwise be required under this section.'';
(2) in section 8714a(d), by adding at the end the following new
paragraph:
``(3) Notwithstanding paragraph (1), an employee who is subject to
withholdings under this subsection and whose pay, annuity, or
compensation is insufficient to cover such withholdings may
nevertheless continue optional insurance if the employee arranges to
pay currently into the Employees' Life Insurance Fund, through the
agency or retirement system which administers pay, annuity, or
compensation, an amount equal to the withholdings that would otherwise
be required under this subsection.'';
(3) in section 8714b(d), by adding at the end the following new
paragraph:
``(3) Notwithstanding paragraph (1), an employee who is subject to
withholdings under this subsection and whose pay, annuity, or
compensation is insufficient to cover such withholdings may
nevertheless continue additional optional insurance if the employee
arranges to pay currently into the Employees' Life Insurance Fund,
through the agency or retirement system which administers pay, annuity,
or compensation, an amount equal to the withholdings that would
otherwise be required under this subsection.''; and
(4) in section 8714c(d), by adding at the end the following new
paragraph:
``(3) Notwithstanding paragraph (1), an employee who is subject to
withholdings under this subsection and whose pay, annuity, or
compensation is insufficient to cover such withholdings may
nevertheless continue optional life insurance on family members if the
employee arranges to pay currently into the Employees' Life Insurance
Fund, through the agency or retirement system that administers pay,
annuity, or compensation, an amount equal to the withholdings that
would otherwise be required under this subsection.''.
SEC. 7. ADDITIONAL OPTIONAL LIFE INSURANCE CONTINUATION AND
PORTABILITY.
(a) In General.--Section 8714b of title 5, United States Code, is
amended--
(1) in subsection (c)--
(A) by striking the last 2 sentences of paragraph (2); and
(B) by adding at the end the following:
``(3) The amount of additional optional insurance continued under
paragraph (2) shall be continued, with or without reduction, in
accordance with the employee's written election at the time eligibility
to continue insurance during retirement or receipt of compensation
arises, as follows:
``(A) The employee may elect to have withholdings cease in
accordance with subsection (d), in which case--
``(i) the amount of additional optional insurance continued
under paragraph (2) shall be reduced each month by 2 percent
effective at the beginning of the second calendar month after
the date the employee becomes 65 years of age and is retired or
is in receipt of compensation; and
``(ii) the reduction under clause (i) shall continue for 50
months at which time the insurance shall stop.
``(B) The employee may, instead of the option under
subparagraph (A), elect to have the full cost of additional
optional insurance continue to be withheld from such employee's
annuity or compensation on and after the date such withholdings
would otherwise cease pursuant to an election under subparagraph
(A), in which case the amount of additional optional insurance
continued under paragraph (2) shall not be reduced, subject to
paragraph (4).
``(C) An employee who does not make any election under the
preceding provisions of this paragraph shall be treated as if such
employee had made an election under subparagraph (A).
``(4) If an employee makes an election under paragraph (3)(B), that
individual may subsequently cancel such election, in which case
additional optional insurance shall be determined as if the individual
had originally made an election under paragraph (3)(A).
``(5)(A) An employee whose additional optional insurance under this
section would otherwise stop in accordance with paragraph (1) and who
is not eligible to continue insurance under paragraph (2) may elect,
under conditions prescribed by the Office of Personnel Management, to
continue all or a portion of so much of the additional optional
insurance as has been in force for not less than--
``(i) the 5 years of service immediately preceding the date of
the event which would cause insurance to stop under paragraph (1);
or
``(ii) the full period or periods of service during which the
insurance was available to the employee, if fewer than 5 years,
at group rates established for purposes of this section, in lieu of
conversion to an individual policy. The amount of insurance continued
under this paragraph shall be reduced by 50 percent effective at the
beginning of the second calendar month after the date the employee or
former employee attains age 70 and shall stop at the beginning of the
second calendar month after attainment of age 80, subject to a
provision for temporary extension of life insurance coverage and for
conversion to an individual policy of life insurance under conditions
approved by the Office. Alternatively, insurance continued under this
paragraph may be reduced or stopped at any time the employee or former
employee elects.
``(B) When an employee or former employee elects to continue
additional optional insurance under this paragraph following separation
from service or 12 months without pay, the insured individual shall
submit timely payment of the full cost thereof, plus any amount the
Office determines necessary to cover associated administrative
expenses, in such manner as the Office shall prescribe by regulation.
Amounts required under this subparagraph shall be deposited, used, and
invested as provided under section 8714 and shall be reported and
accounted for together with amounts withheld under section 8714a(d).
``(C)(i) Subject to clause (ii), no election to continue additional
optional insurance may be made under this paragraph 3 years after the
effective date of this paragraph.
``(ii) On and after the date on which an election may not be made
under clause (i), all additional optional insurance under this
paragraph for former employees shall terminate, subject to a provision
for temporary extension of life insurance coverage and for conversion
to an individual policy of life insurance under conditions approved by
the Office.''; and
(2) in the second sentence of subsection (d)(1) by inserting
``if insurance is continued as provided under subsection
(c)(3)(A),'' after ``except that,''.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Office of Personnel Management shall submit a report to
Congress on additional optional insurance provided under section
8714b(c)(5) of title 5, United States Code (as added by subsection (a)
of this section). Such report shall include recommendations on whether
continuation for such additional optional insurance should terminate as
provided under such section, be extended, or be made permanent.
(c) Technical Amendment.--The last sentence of section 8714b(d)(1)
of title 5, United States Code, is amended by inserting ``(and any
amounts withheld as provided in subsection (c)(3)(B))'' after ``Amounts
so withheld''.
SEC. 8. IMPROVED OPTIONAL LIFE INSURANCE ON FAMILY MEMBERS.
(a) In General.--Section 8714c(b) of title 5, United States Code,
is amended to read as follows:
``(b)(1) The optional life insurance on family members provided
under this section shall be made available to each eligible employee
who has elected coverage under this section, under conditions the
Office shall prescribe, in multiples, at the employee's election, of 1,
2, 3, 4, or 5 times--
``(A) $5,000 for a spouse; and
``(B) $2,500 for each child described under section 8701(d).
``(2) An employee may reduce or stop coverage elected pursuant to
this section at any time.''.
(b) Technical and Conforming Amendments.--Section 8714c of title 5,
United States Code, is amended--
(1) in subsection (c)(2), by striking ``section 8714b(c)(2) of
this title'' and inserting ``section 8714b(c) (2) through (4)'';
and
(2) in subsection (d)(1), by inserting before the last sentence
the following: ``Notwithstanding the preceding sentence, the full
cost shall be continued after the calendar month in which the
former employee becomes 65 years of age if, and for so long as, an
election under this section corresponding to that described in
section 8714b(c)(3)(B) remains in effect with respect to such
former employee.''.
SEC. 9. OPEN SEASON.
Beginning not later than 180 days after the date of enactment of
this Act, the Office of Personnel Management shall conduct an open
enrollment opportunity for purposes of chapter 87 of title 5, United
States Code, over a period of not less than 8 weeks. During this
period, an employee (as defined under section 8701(a) of such title)--
(1) may, if the employee previously declined or voluntarily
terminated any coverage under chapter 87 of such title, elect to
begin, resume, or increase group life insurance (and acquire
applicable accidental death and dismemberment insurance) under all
sections of such chapter without submitting evidence of
insurability; and
(2) may, if currently insured for optional life insurance on
family members, elect an amount above the minimum insurance on a
spouse.
SEC. 10. MERIT SYSTEM JUDICIAL REVIEW.
(a) In General.--Section 7703 of title 5, United States Code, is
amended--
(1) in subsection (b)(1) by striking ``within 30 days'' and
inserting ``within 60 days''; and
(2) in subsection (d) in the first sentence, by inserting after
``filing'' the following: ``, within 60 days after the date the
Director received notice of the final order or decision of the
Board,''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act, and apply to any suit,
action, or other administrative or judicial proceeding pending on such
date or commenced on or after such date.
SEC. 11. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on the date of enactment
of this Act.
(b) Maximum Limitation on Employee Insurance.--Section 3 shall take
effect on the first day of the first applicable pay period beginning on
or after the date of enactment of this Act.
(c) Erroneous Coverage.--Section 5 shall be effective in any case
in which a finding of erroneous insurance coverage is made on or after
the date of enactment of this Act.
(d) Direct Payment of Insurance Contributions.--Section 6 shall
take effect on the first day of the first applicable pay period
beginning on or after the date of enactment of this Act.
(e) Additional Optional Life Insurance.--
(1) In general.--Section 7 shall take effect on the first day
of the first pay period that begins on or after the 180th day
following the date of enactment of this Act, or on any earlier date
that the Office of Personnel Management may prescribe that is at
least 60 days after the date of enactment of this Act.
(2) Regulations.--The Office shall prescribe regulations under
which an employee may elect to continue additional optional
insurance that remains in force on such effective date without
subsequent reduction and with the full cost withheld from annuity
or compensation on and after such effective date if that employee--
(A) separated from service before such effective date due
to retirement or entitlement to compensation under subchapter I
of chapter 81 of title 5, United States Code; and
(B) continued additional optional insurance pursuant to
section 8714b(c)(2) as in effect immediately before such
effective date.
(f) Improved Optional Life Insurance on Family Members.--The
amendments made by section 8 shall take effect on the first day of the
first pay period which begins on or after the 180th day following the
date of enactment of this Act or on any earlier date that the Office of
Personnel Management may prescribe.
(g) Open Season.--Any election made by an employee under section 9,
and applicable withholdings, shall be effective on the first day of the
first applicable pay period that--
(1) begins on or after the date occurring 365 days after the
first day of the election period authorized under section 9; and
(2) follows a pay period in which the employee was in a pay and
duty status.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Federal Employees Life Insurance Improvement Act - Directs the Office of Personnel Management to conduct a study on the following life insurance options for Federal employees: (1) group universal life insurance; (2) group variable universal life insurance; and (3) additional voluntary accidental death and dismemberment insurance.
(Sec. 3) Amends requirements relating to Federal employee life insurance to repeal the maximum limitation on: (1) group accidental death and dismemberment life insurance; and (2) additional optional life insurance.
(Sec. 4) Modifies the definition of "family member " to include a foster child.
(Sec. 5) Prohibits the invalidation of an employee's group life and accidental death and dismemberment insurance policy based on a finding that the employee erroneously became insured, or erroneously continued insurance upon retirement or entitlement to compensation for work injuries, if such finding occurs after the erroneous insurance and applicable withholdings have been in force for two years during the employee's lifetime.
(Sec. 6) Permits an employee who is subject to withholdings for group life and accidental death and dismemberment insurance, optional life insurance, additional life insurance, or optional life insurance on family members and whose pay, annuity, or compensation are insufficient to cover such withholdings to nevertheless continue such insurance if such employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholding that would otherwise be required.
(Sec. 7) Provides for the amount of additional optional life insurance of any employee who retires on an immediate annuity or who becomes entitled to receive compensation because of disease or injury to the employee, to be continued, with or without reduction, in accordance with the employee's written election at the time eligibility to continue insurance during retirement or receipt of compensation arises. Permits the employee, instead of the option under current law, to elect to have the full cost of such insurance continue to be withheld from such employee's annuity or compensation on and after the date such withholdings would otherwise cease pursuant to an election, in which case the amount of such insurance continued shall not be reduced. Allows an employee whose additional optional insurance would otherwise stop, and who is not eligible to continue insurance, to elect to continue such insurance at group rates, in lieu of conversion to an individual policy.
Requires an employee or former employee who elects to continue such insurance following separation from service or 12 months without pay to submit timely payment of its full cost, plus any amount the Office determines necessary to cover associated administrative expenses.
Disallows any election to continue such insurance from being made three years after an effective date. Terminates, on and after the date on which an election may no longer be made, all such insurance for former employees, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Requires the Office, not later than three years after the enactment of this Act, to report to the Congress on such insurance, including recommendations on whether continuation for such insurance should terminate as provided, be extended, or be made permanent.
(Sec. 8) Revises requirements relating to optional life insurance on family members.
(Sec. 9) Requires the Office to conduct an open enrollment opportunity for purposes of obtaining life insurance. Permits an employee during this period: (1) if the employee previously declined or voluntarily terminated any coverage, to elect to begin, resume, or increase group life insurance (and acquire applicable accidental death and dismemberment insurance) without submitting evidence of insurability; and (2) if currently insured for optional life insurance on family members, to elect an amount above the minimum insurance on a spouse.
(Sec. 10) Amends provisions relating to the judicial review of decisions of the Merit Systems Protection Board to: (1) revise the time period (from 30 to 60 days) any petition for judicial review of a final order or decision of the Board must be filed; and (2) permit the Director to obtain review of any final order or decision of the Board by filing within 60 days (currently, no limitation) after the date he or she received notice of the final order or decision of the Board. | {"src": "billsum_train", "title": "Federal Employees Life Insurance Improvement Act"} | 3,568 | 949 | 0.625007 | 2.066983 | 0.753582 | 4.604486 | 3.891381 | 0.923259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diploma and Accreditation Integrity
Protection Act of 2009''.
SEC. 2. PURPOSE; DEFINITIONS.
(a) Purpose.--The purpose of this Act is to protect institutions of
higher education, businesses and other employers, professional
licensing boards, patients and clients of degree holders, taxpayers,
and other individuals from any person claiming to possess a legitimate
academic degree that in fact was issued by a fraudulent or nonexistent
school, by a non-educational entity posing as a school, or by any
entity in violation of Federal or State law.
(b) Definitions.--In this Act:
(1) Accreditation mill.--The term ``accreditation mill''
means an education or corporate organization that offers a form
of educational recognition or accreditation, for a fee or free
of charge, that--
(A) extend a permanent recognition or accreditation
status to an institution with few or no requirements
for subsequent periodic reviews;
(B) publish a list of institutions and programs
recognized or accredited by such organization that
includes institutions and programs that did not apply
for or otherwise request such recognition or
accreditation by the organization; or
(C) lack national recognition by the Secretary of
Education or the Council for Higher Education
Accreditation.
(2) Degree-granting institution.--The term ``degree-
granting institution'' means any entity that offers or confers
an academic, professional, or occupational degree, diploma, or
certificate, if such degree, diploma, or certificate may be
used to represent to the general public that the individual
possessing such degree, diploma, or certificate has completed a
program of education or training beyond secondary education.
(3) Diploma mill.--The term ``diploma mill'' means any
entity that--
(A) lacks valid accreditation by an agency
recognized by a Federal agency, a State government, or
the Council for Higher Education Accreditation as a
valid accrediting agency of institutions of higher
education; and
(B) offers degrees, diplomas, or certifications,
for a fee, that may be used to represent to the general
public that the individual possessing such a degree,
diploma, or certification has completed a program of
education or training beyond secondary education, but
little or no education or course work is required to
obtain such a degree, diploma, or certification.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
SEC. 3. ACCREDITING AGENCIES.
No accrediting agency or association may be considered to be a
reliable authority as to the quality of education or training offered
by a degree-granting institution for any purpose related to
immigration, Federal employment and hiring practices, or for any other
Federal purposes, unless the agency or association is a nationally
recognized accrediting agency or association recognized by the
Secretary of Education pursuant to part H of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1099a et seq.).
SEC. 4. FEDERAL EMPLOYMENT.
For purposes of applying any civil service law, rule, or regulation
that requires or takes into consideration a degree from an institution
of higher education for purposes of appointment or promotion of, or
improved pay for, a Federal employee, only a degree from a degree-
granting institution that is accredited by a nationally recognized
accrediting agency or association recognized by the Secretary of
Education pursuant to part H of title IV of the Higher Education Act of
1965 (20 U.S.C. 1099a et seq.) shall be acceptable.
SEC. 5. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING DIPLOMAS AND
PROFESSIONAL CERTIFICATIONS.
(a) Conduct Prohibited.--Not later than 180 days after the date of
enactment of this Act, the Federal Trade Commission shall initiate a
rulemaking to define as an unfair and deceptive act or practice under
section 18 of Federal Trade Commission Act (15 U.S.C. 57a) the
following:
(1) The issuing of a degree, diploma, certificate, or any
similar document by an entity that is not recognized as a
legitimate postsecondary degree-granting institution by the
Secretary of Education, if such degree, diploma, certificate,
or similar document misrepresents, directly or indirectly, the
subject matter, substance, or content of the course of study or
any other material fact concerning the course of study for
which such degree, diploma, certificate, or similar document
was awarded.
(2) The offering or conferring of an academic,
professional, or occupational degree if the entity offering or
conferring the degree--
(A) is not an institution of higher education; or
(B) is not accredited by--
(i) a nationally recognized accrediting
agency or association recognized by the
Secretary of Education pursuant to part H of
title IV of the Higher Education Act of 1965
(20 U.S.C. 1099a et seq.); or
(ii) an accrediting agency or association
that is recognized as a legitimate accrediting
agency or association for any purpose by any
appropriate Federal agency or by the Council
for Higher Education Accreditation,
unless the entity offering or conferring such a degree clearly
and conspicuously discloses, in all advertising and promotional
materials that contain a reference to such a degree, that the
awarding of the degree has not been so authorized or that the
entity offering or conferring the degree has not been so
approved or recognized.
(3) The claiming or asserting in any advertisements or
promotional material of an entity offering or conferring an
academic, professional, or occupational degree, that such
entity has--
(A) an accredited status unless it holds
accreditation from an accrediting agency that is
recognized by the Secretary of Education or the Council
for Higher Education Accreditation, or is recognized
for any purpose by any appropriate Federal agency; or
(B) an unaccredited, but approved status that
misrepresents, directly or indirectly, the nature,
extent, or credibility of such approval.
(4) The issuing of any accreditation, including
institutional, programmatic, or specialized accreditation, to
any degree-granting institution by any entity that is not
recognized for accreditation purposes by the Secretary of
Education, any other appropriate Federal agency, or the Council
for Higher Education Accreditation.
(b) Final Rule.--The Commission shall issue final rules under this
section not later than 18 months after the date of enactment of this
Act.
(c) Reporting Requirement.--
(1) Federal trade commission.--In administering and
enforcing the rule required under subsection (a), the Federal
Trade Commission shall report regularly to the Secretary of
Education any information regarding entities which the
Commission knows or suspects to be in violation of such rule.
(2) Secretary of education.--The Secretary of Education
shall make available to the general public, in paper and
electronic forms, the information reported to the Secretary in
accordance with paragraph (1). | Diploma and Accreditation Integrity Protection Act of 2009 - Prohibits any accreditor from being considered a reliable authority as to the quality of education or training offered by degree-granting institutions for any purpose related to immigration, federal employment, or any other federal activity, unless the accreditor is recognized by the Secretary of Education.
Considers only a degree from a degree-granting institution that is accredited by such an accreditor to be acceptable in situations when a degree from an institution of higher education (IHE) is required or taken into consideration for the purpose of appointing, promoting, or improving the pay of a federal employee.
Directs the Federal Trade Commission to define as an unfair and deceptive act or practice: (1) certain offerings of academic, professional, or occupational degrees by entities that are not IHEs or are not accredited by an accreditor recognized by the Secretary of Education, any other appropriate federal agency, or the Council for Higher Education Accreditation; or (2) the issuing of any accreditation to a degree-granting institution by an accreditor that lacks such recognition. | {"src": "billsum_train", "title": "To reduce and prevent the sale and use of fraudulent degrees in order to protect the integrity of valid higher education degrees that are used for Federal employment purposes."} | 1,565 | 248 | 0.607185 | 1.766109 | 0.778891 | 3.921569 | 6.95098 | 0.892157 |
SECTION 1. PRIVATE DISASTER LOANS.
(a) In General.--Section 7 of the Small Business Act (15 U.S.C.
636) 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) Private Disaster Loans.--
``(1) Definitions.--In this subsection--
``(A) the term `disaster area' means a county,
parish, or similar unit of general local government in
which a disaster was declared under subsection (b);
``(B) the term `eligible small business concern'
means a business concern that is--
``(i) is a small business concern, as
defined in this Act; or
``(ii) is a small business concern, as
defined in section 103 of the Small Business
Investment Act of 1958; and
``(C) the term `qualified private lender' means any
privately-owned bank or other lending institution that
the Administrator determines meets the criteria
established under paragraph (10).
``(2) Authorization.--The Administrator may guarantee
timely payment of all principal and interest as scheduled on
any loan issued--
``(A) by a qualified private lender to an eligible
small business concern located in a disaster area; and
``(B) during the 24-month period beginning on the
date on which the disaster area is designated.
``(3) Use of loans.--A loan guaranteed by the Administrator
under this subsection may be used for--
``(A) any purpose authorized under subsection (a)
or (b); and
``(B) acquiring or developing real estate for the
purpose of selling or renting such real estate.
``(4) Online applications.--
``(A) In general.--
``(i) Establishment.--The Administrator may
establish, directly or through an agreement
with another entity, an online application
process for loans guaranteed under this
subsection.
``(ii) Other federal assistance.--The
Administrator may coordinate with the head of
any other appropriate Federal agency so that
any application submitted through an online
application process established under clause
(i) may be considered for any other Federal
assistance program for disaster relief.
``(B) Contents.--
``(i) In general.--An online application
process established under subparagraph (A)
shall allow an applicant for a guarantee under
this subsection to specify the qualified
private lender from which the applicant seeks
to obtain a loan.
``(ii) Offers for loans.--
``(I) In general.--If an applicant
does not specify a qualified private
lender under clause (i), any qualified
private lender may be selected to or
opt to consider the application.
``(II) Process.--The Administrator
may, via the online process or another
predetermined and objective process,
determine a means of distributing or
otherwise making available for
consideration applications where a
qualified private lender has not been
specified by the applicant.
``(5) Refinancing.--A loan guaranteed under this subsection
may be used to refinance any debt under this Act or the Small
Business Investment Act of 1958.
``(6) Maximum amounts.--
``(A) Guarantee percentage.--The Administrator may
guarantee not more than 85 percent of a loan under this
subsection.
``(B) Loan amounts.--The maximum amount of a loan
guaranteed under this subsection shall be $3,000,000.
``(7) Loan term.--The longest term of a loan for a loan
guaranteed under this subsection shall be--
``(A) 15 years for any loan that is issued without
collateral; and
``(B) 25 years for any loan that is issued with
collateral.
``(8) Fees.--
``(A) In general.--The Administrator may not
collect a guarantee fee under this subsection.
``(B) Origination fee.--The Administrator shall pay
a qualified private lender an origination fee for a
loan guaranteed under this subsection equal to \15/100\
of 1 percent of the amount of the loan.
``(9) Documentation.--A qualified private lender may use
its own loan documentation for a loan guaranteed by the
Administrator, to the extent authorized by the Administrator,
except that the Administrator may not require such use by
regulation, or otherwise.
``(10) Implementation.--
``(A) In general.--Not later than 30 days after the
date of enactment of this subsection, the Administrator
shall--
``(i) establish interim criteria for
qualified private lenders; and
``(ii) begin accepting applications from
banks and lending institutions.
``(B) Regulations.--
``(i) In general.--Not later than 90 days
after the date of enactment of this subsection,
the Administrator shall promulgate regulations
establishing permanent criteria for qualified
private lenders.
``(ii) Existing qualified private
lenders.--A bank or lending institution that
the Administrator determined met the criteria
established under subparagraph (A)(i) may
continue to operate as a qualified private
lender if the Administrator determines that
such bank or lending institution meets the
criteria established under clause (i).
``(11) Other assistance.--The fact that a small business
concern receives assistance under this subsection shall not
preclude such business concern from receiving other assistance
under this Act.
``(12) Authorization of appropriations.--
``(A) In general.--Amounts necessary to carry out
this subsection shall be made available from amounts
appropriated to the Administration under subsection
(b).
``(B) Authority to reduce interest rates.--Funds
appropriated to the Administration to carry out this
subsection, may be used by the Administrator, to the
extent available, to reduce the applicable rate of
interest for a loan guaranteed under this subsection by
not more than 3 percentage points.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to disasters declared under section 7(b)(2) of the Small
Business Act (631 U.S.C. 636(b)(2)) before, on, or after the
date of enactment of this Act.
(2) Construction.--For any disaster described in paragraph
(1) that was declared before the date of enactment of this Act,
the 24-month period described in section 7(c)(2)(B) of the
Small Business Act, as amended by this Act, shall begin on the
date on which such disaster was declared.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 4(c)--
(A) in paragraph (1), by striking ``7(c)(2)'' and
inserting ``7(d)(2)''; and
(B) in paragraph (2)--
(i) by striking ``7(c)(2)'' and inserting
``7(d)(2)''; and
(ii) by striking ``7(e),''; and
(2) in section 7(b), in the undesignated matter following
paragraph (3)--
(A) by striking ``That the provisions of paragraph
(1) of subsection (c)'' and inserting ``That the
provisions of paragraph (1) of subsection (d)''; and
(B) by striking ``Notwithstanding the provisions of
any other law the interest rate on the Administration's
share of any loan made under subsection (b) except as
provided in subsection (c),'' and inserting
``Notwithstanding any other provision of law, and
except as provided in subsection (d), the interest rate
on the Administration's share of any loan made under
subsection (b)''. | Amends the Small Business Act to authorize the Administrator of the Small Business Administration to guarantee timely payment of principal and interest on any loan issued by a qualified private lender to an eligible small business concern located in a disaster area during the 24-month period in which it has been designated as a disaster area.
Permits such loans to be used for acquiring or developing real estate for selling or rental purposes, or to refinance any debt under this Act, or the Small Business Investment Act of 1958.
Authorizes the Administrator to establish an on-line application process for loans guaranteed under this Act. | {"src": "billsum_train", "title": "To amend the Small Business Act to provide for loan guarantees for certain private disaster loans."} | 1,724 | 125 | 0.667255 | 1.808957 | 0.599746 | 3.730435 | 13.852174 | 0.930435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Subcontractor Payment Protection
Act''.
SEC. 2. PAYMENT PROTECTIONS FOR SUBCONTRACTORS.
(a) Modifications to FAR.--The Federal Acquisition Regulation
issued under section 25(c)(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 421(c)(1)) shall be modified to address the
matters described in subsection (b).
(b) Matters To Be Addressed.--The modifications required by
subsection (a) shall, with respect to contracts entered into with the
United States, require--
(1) a prime contractor (other than a construction
contractor subject to the provisions of sections 3903(b) and
3905 of title 31, United States Code) to include in the
contractor's contractual agreement with each of the
contractor's subcontractors (including suppliers) a payment
provision which--
(A) specifies a payment term pursuant to which the
subcontractor may calculate a payment due date;
(B) requires the prime contractor to give written
notice to the subcontractor within 7 days of any event
which will delay payment to the subcontractor in
accordance with the subcontract payment term
established pursuant to subparagraph (A);
(C) requires the prime contractor to pay a
subcontractor an interest penalty on the amounts due in
the case of each payment not made in accordance with
the payment term established pursuant to subparagraph
(A)--
(i) for the period beginning on the day
after the required payment date and ending on
the date on which payment of the amount due is
made; and
(ii) computed at the rate specified by
section 3902(a) of title 31, United States
Code;
(2) a prime contractor (other than a construction
contractor subject to the provisions of sections 3903(b) and
3905 of title 31, United States Code) to submit, along with a
request to the United States for payment--
(A) in the case of a contractor which is a small
business concern, a certification that, to the best of
the contractor's knowledge and belief, payments will be
made to each subcontractor in accordance with the
subcontract agreement from the proceeds of the payment
covered by the certification and payments to
subcontractors have been made from previous payments
received from the United States; and
(B) in the case of a contractor which is not a
small business concern, a certification that, to the
best of the contractor's knowledge and belief, payments
have been made to each subcontractor in accordance with
the subcontract agreement prior to the submission of
the contractor's payment request to the United States
which includes an amount for such subcontractor;
(3) information to be furnished to a subcontractor, upon a
written or oral request of the subcontractor, regarding
payments made to the prime contractor by the United States,
subject to the limitation of section 552(b)(1) of title 5,
United States Code;
(4) a contracting officer, upon receipt of a credible
allegation, to make inquiries--
(A) with respect to a construction contract,
regarding whether the contractor has made payments to
the subcontractor in conformity with chapter 39 of
title 31, United States Code;
(B) with respect to a contract other than a
construction contract, regarding whether the contractor
has made payments to the subcontractor in compliance
with the terms of their subcontract; and
(C) regarding the validity of the required
certification regarding subcontractor payment
accompanying the contractor's payment request to the
United States;
(5) the contracting officer, upon determining that the
prime contractor is not in compliance with a requirement
referred to in subparagraph (A) or (B) of paragraph (4), to
take action to--
(A) encourage the contractor to make timely payment
to the subcontractor;
(B) provide for the disbursement of amounts which
the contractor has certified as being due to such
subcontractor directly to the United States or through
a federally insured bank acting as an escrow agent;
(C) reduce or suspend progress payments with
respect to amounts due the prime contractor; or
(D) any combination of the measures described in
subparagraphs (A), (B), and (C), and such other
remedial measures as the contracting officer deems
appropriate to encourage the contractor to comply with
the contractor's obligations regarding timely payment
of subcontractors; and
(6) the contracting officer, upon determining that the
contractor is not in compliance with certification requirement
referred to in paragraph (2), to initiate appropriate
administrative remedial action (including suspension procedures
pursuant to section 9.4 of the Federal Acquisition Regulation).
(c) Deadline.--Proposed regulations containing the modifications to
the Federal Acquisition Regulation required under this Act shall be
issued not later than 180 days after the date of the enactment of this
Act. Final regulations containing the modifications to the Federal
Acquisition Regulation required under this Act shall be issued not
later than 270 days after the date of the enactment of this Act. | Subcontractor Payment Protection Act - Requires modification of the Federal Acquisition Regulation issued under the Office of Federal Procurement Policy Act to prescribe guidelines for contracts between a prime contractor and subcontractor with respect to timely payment. | {"src": "billsum_train", "title": "Subcontractor Payment Protection Act"} | 1,099 | 50 | 0.565509 | 1.470611 | 0.80581 | 2.552632 | 26.868421 | 0.868421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald Reagan Commemorative Coin Act
of 2001''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Bimetallic Coins.--The Secretary may mint and issue not more
than 200,000 $10 bimetallic coins of gold and platinum instead of the
gold coins required under subsection (a)(1), in accordance with such
specifications as the Secretary determines to be appropriate.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 3. SOURCES OF BULLION.
(a) Platinum and Gold.--The Secretary shall obtain platinum and
gold for minting coins under this Act from available sources.
(b) Silver.--The Secretary may obtain silver for minting coins
under this Act from stockpiles established under the Strategic and
Critical Materials Stock Piling Act and from other available sources.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall--
(A) be emblematic of the presidency and life of
former President Ronald Reagan;
(B) bear the likeness of former President Ronald
Reagan on the obverse side; and
(C) bear a design on the reverse side that is
similar to the depiction of an American eagle carrying
an olive branch, flying above a nest containing another
eagle and hatchlings, as depicted on the 2001 American
Eagle Gold Proof coins.
(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 ``2005''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Design Selection.--The design for the coins minted under this
Act shall be--
(1) selected by the Secretary, after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2005 and
ending on December 31, 2005.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales of coins issued under this Act shall
include a surcharge established by the Secretary, in an amount equal to
not more than--
(1) $50 per coin for the $10 coin or $35 per coin for the
$5 coin; and
(2) $10 per coin for the $1 coin.
SEC. 7. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 5134(f) of title 31, United
States Code, the proceeds from the surcharges received by the Secretary
from the sale of coins issued under this Act shall be paid promptly by
the Secretary to the Department of Health and Human Services to be used
by the Secretary of Health and Human Services for the purposes of--
(1) providing grants to charitable organizations that
assist families in their efforts to provide care at home to a
family member with Alzheimer's disease; and
(2) increasing awareness and educational outreach regarding
Alzheimer's disease.
(b) Audits.--Any organization or entity that receives funds from
the Secretary of Health and Human Services under subsection (a) shall
be subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to such funds.
SEC. 8. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution, the deposits of which
are insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Ronald Reagan Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and ten-dollar bimetallic coins emblematic of the presidency and life of former President Ronald Reagan. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of former President Ronald Reagan."} | 1,386 | 57 | 0.607553 | 1.423198 | 0.540823 | 2.791667 | 26.041667 | 0.791667 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Department of Energy University Nuclear
Science and Engineering Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) U.S. university nuclear science and engineering
programs are in a state of serious decline. The supply of
bachelor degree nuclear science and engineering personnel in
the United States is at a 35-year-low. The number of four year
degree nuclear engineering programs has declined 50 percent to
approximately 25 programs nationwide. Over two-thirds of the
faculty in these programs are 45 years or older.
(2) Universities cannot afford to support their research
and training reactors. Since 1980, the number of small training
reactors in the United States have declined by over 50 percent
to 28 reactors. Most of these reactors were built in the late
1950's and 1960's with 30- to 40-year operating licenses, and
will require re-licensing in the next several years.
(3) The neglect in human investment and training
infrastructure is affecting 50 years of national R&D
investment. The decline in a competent nuclear workforce, and
the lack of adequately trained nuclear scientists and
engineers, will affect the ability of the United States to
solve future waste storage issues, operate existing and design
future fission reactors in the United States, respond to future
nuclear events worldwide, help stem the proliferation of
nuclear weapons, and design and operate naval nuclear reactors.
(4) Future neglect in the nation's investment in human
resources for the nuclear sciences will lead to a downward
spiral. As the number of nuclear science departments shrink,
faculties age, and training reactors close, the appeal of
nuclear science will be lost to future generations of students.
(5) Current projections are that 50 percent of industry's
nuclear workforce can retire in 10 to 15 years, and 76 percent
of the nuclear workforce at our national labs can retire in the
next 5 years. A new supply of trained scientists and engineers
to replace this retiring workforce is urgently needed.
(6) The Department of Energy's Office of Nuclear Energy,
Science and Technology is well suited to help maintain
tomorrow's human resource and training investment in the
nuclear sciences. Through its support of research and
development pursuant to the Department's statutory authorities,
the Office of Nuclear Energy, Science and Technology is the
principal federal agent for civilian research in the nuclear
sciences for the United States. The Office maintains the
Nuclear Engineering and Education Research Program which funds
basic nuclear science and engineering. The Office funds the
Nuclear Energy and Research Initiative which funds applied
collaborative research among universities, industry and
national laboratories in the areas of proliferation resistant
fuel cycles and future fission power systems. The Office funds
Universities to refuel training reactors from highly enriched
to low enriched proliferation tolerant fuels, performs
instrumentation upgrades and maintains a program of student
fellowships for nuclear science and engineering.
SEC. 3. DEPARTMENT OF ENERGY PROGRAM.
(a) Establishment.--The Secretary of Energy, through the Office of
Nuclear Energy, Science and Technology, shall support a program to
maintain the nation's human resource investment and infrastructure in
the nuclear sciences and engineering consistent with the Department's
statutory authorities related to civilian nuclear research and
development.
(b) Duties of the Office of Nuclear Energy, Science and
Technology.--In carrying out the program under this Act, the Director
of the Office of Nuclear Science and Technology shall--
(1) develop a robust graduate and undergraduate fellowship
program to attract new and talented students;
(2) assist universities in recruiting and retaining new
faculty in the nuclear sciences and engineering through a
Junior Faculty Research Initiation Grant Program;
(3) maintain a robust investment in the fundamental nuclear
sciences and engineering through the Nuclear Engineering
Education Research Program;
(4) encourage collaborative nuclear research between
industry, national laboratories and universities through the
Nuclear Energy Research Initiative; and
(5) support communication and outreach related to nuclear
science and engineering.
(c) Maintaining University Research and Training Reactors and
Associated Infrastructure.--Within the funds authorized to be
appropriated pursuant to this Act, the amounts specified under section
4(b) shall, subject to appropriations, be available for the following
research and training reactor infrastructure maintenance and research:
(1) Refueling of research reactors with low enriched fuels,
upgrade of operational instrumentation, and sharing of reactors
among universities.
(2) In collaboration with the U.S. nuclear industry,
assistance, where necessary, in re-licensing and upgrading
training reactors as part of a student training program.
(3) A reactor research and training award program that
provides for reactor improvements as part of a focused effort
that emphasizes research, training, and education.
(d) University-DOE Laboratory Interactions.--The Secretary of
Energy, through the Office of Nuclear Science and Technology, shall
develop--
(1) a sabbatical fellowship program for university
professors to spend extended periods of time at Department of
Energy laboratories in the areas of nuclear science and
technology; and
(2) a visiting scientist program in which laboratory staff
can spend time in academic nuclear science and engineering
departments. The Secretary may under section 3(b)(1) provide
for fellowships for students to spend time at Department of
Energy laboratories in the area of nuclear science under the
mentorship of laboratory staff.
(e) Operations and Maintenance.--For the research programs
described, portions thereof may be used to supplement operation of the
research reactor during investigator's proposed effort provided the
host institution provides cost sharing in the reactor's operation.
(f) Merit Review Required.--All grants, contracts, cooperative
agreements, or other financial assistance awards under this Act shall
be made only after independent merit review.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Total Authorization.--The following sums are authorized to be
appropriated to the Secretary of Energy, to remain available until
expended, for the purposes of carrying out this Act:
(1) $30,200,000 for fiscal year 2002.
(2) $42,000,000 for fiscal year 2003.
(3) $47,850,000 for fiscal year 2004.
(4) $55,600,000 for fiscal year 2005.
(5) $64,100,000 for fiscal year 2006.
(b) Graduate and Undergraduate Fellowships.--Of the funds under
subsection (a), the following sums are authorized to be appropriated to
carry out section 3(b)(1):
(1) $3,000,000 for fiscal year 2002.
(2) $3,100,000 for fiscal year 2003.
(3) $3,200,000 for fiscal year 2004.
(4) $3,200,000 for fiscal year 2005.
(5) $3,200,000 for fiscal year 2006.
(c) Junior Faculty Research Initiation Grant Program.--Of the funds
under subsection (a), the following sums are authorized to be
appropriated to carry out section 3(b)(2):
(1) $5,000,000 for fiscal year 2002.
(2) $7,000,000 for fiscal year 2003.
(3) $8,000,000 for fiscal year 2004.
(4) $9,000,000 for fiscal year 2005.
(5) $10,000,000 for fiscal year 2006.
(d) Nuclear Engineering and Education Research Program.--Of the
funds under subsection (a), the following sums are authorized to be
appropriated to carry out section 3(b)(3):
(1) $8,000,000 for fiscal year 2002.
(2) $12,000,000 for fiscal year 2003.
(3) $13,000,000 for fiscal year 2004.
(4) $15,000,000 for fiscal year 2005.
(5) $20,000,000 for fiscal year 2006.
(e) Communication and Outreach Related to Nuclear Science and
Engineering.--Of the funds under subsection (a), the following sums are
authorized to be appropriated to carry out section 3(b)(5):
(1) $200,000 for fiscal year 2002.
(2) $200,000 for fiscal year 2003.
(3) $300,000 for fiscal year 2004.
(4) $300,000 for fiscal year 2005.
(5) $300,000 for fiscal year 2006.
(f) Refueling of Research Reactors and Instrumentation Upgrades.--
Of the funds under subsection (a), the following sums are authorized to
be appropriated to carry out section 3(c)(1):
(1) $6,000,000 for fiscal year 2002.
(2) $6,500,000 for fiscal year 2003.
(3) $7,000,000 for fiscal year 2004.
(4) $7,500,000 for fiscal year 2005.
(5) $8,000,000 for fiscal year 2006.
(g) Re-Licensing Assistance.--Of the funds under subsection (a),
the following sums are authorized to be appropriated to carry out
section 3(c)(2):
(1) $1,000,000 for fiscal year 2002.
(2) $1,100,000 for fiscal year 2003.
(3) $1,200,000 for fiscal year 2004.
(4) $1,300,000 for fiscal year 2005.
(5) $1,300,000 for fiscal year 2006.
(h) Reactor Research and Training Award Program.--Of the funds
under subsection (a), the following sums are authorized to be
appropriated to carry out section 3(c)(3):
(1) $6,000,000 for fiscal year 2002.
(2) $10,000,000 for fiscal year 2003.
(3) $14,000,000 for fiscal year 2004.
(4) $18,000,000 for fiscal year 2005.
(5) $20,000,000 for fiscal year 2006.
(i) University-DOE Laboratory Interactions.--Of the funds under
subsection (a), the following sums are authorized to be appropriated to
carry out section 3(d):
(1) $1,000,000 for fiscal year 2002.
(2) $1,100,000 for fiscal year 2003.
(3) $1,200,000 for fiscal year 2004.
(4) $1,300,000 for fiscal year 2005.
(5) $1,300,000 for fiscal year 2006. | Department of Energy University Nuclear Science and Engineering Act - Instructs the Secretary of Energy, acting through the Office of Nuclear Energy, Science and Technology, to support a program to maintain the nation's human resource investment and infrastructure in nuclear sciences and engineering.Directs the Secretary to: (1) promote interactions between university and Department of Energy (DOE) laboratories; and (2) provide student fellowships at DOE nuclear science laboratories.Authorizes appropriations through FY2006 that target: (1) graduate and undergraduate fellowships; (2) junior faculty research initiation grant programs; (3) nuclear engineering and education research programs; (4) communication and outreach related to nuclear science and engineering; (5) refueling research reactors and instrumentation upgrades; (6) re-licensing assistance; (7) reactor research and training award program; and (8) university-DOE laboratory interactions. | {"src": "billsum_train", "title": "To authorize funding for University Nuclear Science and Engineering Programs at the Department of Energy for fiscal years 2002 through 2006."} | 2,018 | 180 | 0.555832 | 1.624493 | 0.766349 | 3.54491 | 11.898204 | 0.934132 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Johnson-O'Malley Supplemental Indian
Education Program Modernization Act''.
SEC. 2. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION.
The Act of April 16, 1934 (25 U.S.C. 452 et seq.) (commonly known
as the ``Johnson-O'Malley Act''), is amended by adding at the end the
following:
``SEC. 7. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION.
``(a) Definitions.--In this section:
``(1) Elementary school.--The term `elementary school' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965.
``(2) Eligible entity.--The term `eligible entity' means an
entity that educates or serves Indian students and is--
``(A) a tribal organization;
``(B) an Indian corporation;
``(C) a school district;
``(D) a State; or
``(E) a consortium of tribal organizations.
``(3) Eligible indian student.--The term `eligible Indian
student' means an Indian student who is eligible under section
273.12 of title 25, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
``(4) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(5) Secondary school.--The term `secondary school' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965.
``(6) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Assistant Secretary for
Indian Affairs.
``(7) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
``(b) Establishment.--The Secretary, in coordination with the
Director of the Bureau of Indian Education, shall establish a program
to enter into contracts and to monitor and review contractual
obligations with eligible entities to provide educational benefits to
eligible Indian students.
``(c) Uses of Funds.--An eligible entity that enters into a
contract under subsection (b) shall use the funds available under the
contract for the educational benefit of eligible Indian students--
``(1) to establish and carry out programs, or to expand and
carry out programs in existence before the period of time
covered by the contract, to provide--
``(A) remedial instruction, counseling, and
cultural programs;
``(B) courses related to science, technology,
engineering, and mathematics;
``(C) school supplies and other items that enable
students to participate in curricular and extra-
curricular programs; or
``(D) activities that were available to Indian
students under contracts entered into under this Act
before October 1, 2012;
``(2) to establish targeted, culturally sensitive, dropout
prevention activities; and
``(3) to purchase equipment to facilitate--
``(A) training for professional trade skills; and
``(B) intensified college preparation programs.
``(d) Computation of Awards.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall base the amount that an eligible entity
receives under a contract entered into under subsection (b) for
any fiscal year on the number of eligible Indian students of
the eligible entity, as determined by the Secretary under
paragraph (2).
``(2) Determination of number of eligible indian
students.--
``(A) In general.--The Secretary shall determine
the number of eligible Indian students of an eligible
entity in accordance with this paragraph.
``(B) Initial determination.--Not later than 1 year
after the date of enactment of this section, the
Secretary shall publish a report describing the number
of potentially eligible Indian students of each
eligible entity, using data described in subparagraph
(D) from, as determined by the Secretary, the most
applicable, accurate, and current of--
``(i) the Bureau of the Census; or
``(ii) the National Center for Education
Statistics.
``(C) Reconciliation.--After publishing the report
under subparagraph (B), the Secretary, in coordination
with the Director of the Bureau of Indian Education,
shall consult with entities party to a contract under
subsection (b)--
``(i) to establish a process to reconcile
the data described in the report published
under subparagraph (B) with--
``(I) data described in
subparagraph (D) of entities party to a
contract under subsection (b); and
``(II) tribal enrollment
information; and
``(ii) to determine an accurate number of
eligible Indian students of each eligible
entity.
``(D) Data use.--
``(i) In general.--Subject to clause (ii),
the Secretary shall use data from not earlier
than the fiscal year preceding the fiscal year
for which an eligible entity is applying for a
contract under subsection (b) to determine the
number of eligible Indian students.
``(ii) New contractors.--To determine the
number of eligible Indian students of an entity
party to a contract under subsection (b) that
the Secretary recognized as an eligible entity
during or after fiscal year 2012, the Secretary
shall, for the first year of the period of time
covered by the contract, use data of the school
districts served by the entity for the fiscal
year for which the entity is applying for a
contract under subsection (b).
``(3) Hold harmless.--An eligible entity that educates or
serves eligible Indian students attending a public school that
has been afforded supplemental services under a contract under
this Act that took effect during or before fiscal year 1995
shall receive an amount under a contract entered into under
subsection (b) equal to or greater than the amount that the
eligible entity would have received under the contract entered
into under this Act during or before fiscal year 1995, for a
period of time ending not sooner than 2 years after the date of
enactment of this section.
``(4) Funding reform.--The Secretary shall submit to
Congress recommendations for legislation to provide resources
to restore the amount of funds available through contracts
under this Act per Indian student to the amount of funds
available through contracts under this Act per Indian student
during fiscal year 1995.
``(e) Additional Considerations.--
``(1) Geographic coverage and enhanced participation.--In
entering into contracts under subsection (b), the Secretary
shall, to the maximum extent practicable, ensure--
``(A) full geographic coverage; and
``(B) the full participation of eligible entities.
``(2) Increased participation of eligible entities.--To the
maximum extent practicable, the Secretary shall--
``(A) contact and consult with Indian tribes and
school districts with significant populations of
eligible Indian students that have not previously
contracted under this Act; and
``(B) determine the interest in and eligibility for
administering services under this Act of the Indian
tribes and school districts described in subparagraph
(A).
``(3) Complementary program participants.--In entering into
contracts under subsection (b), the Secretary may give
preference to a consortium of tribal organizations, including a
consortium of tribal organizations that includes a Tribal
College or University, to encourage as many students and
professionals as possible to benefit from the program
established under subsection (b).
``(f) Annual Report.--The Secretary shall include in the budget
request of the Department of the Interior for each fiscal year an
annual assessment of the program established under subsection (b).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.''. | Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill amends the Johnson-O'Malley Act to establish a program through which the Bureau of Indian Affairs (BIA) shall contract with eligible entities for the purpose of providing educational benefits to Indian students. An eligible entity is an entity that educates or serves Indian students and is either a tribal organization, an Indian corporation, a school district, a state, or a consortium of tribal organizations. An eligible entity shall use the funds to establish or expand programs to: (1) provide remedial instruction, counseling, cultural programs, school supplies, and specified courses and activities; (2) establish targeted, culturally sensitive, dropout prevention activities; and (3) purchase equipment to facilitate training in trade skills and college preparation. In general, BIA shall base the amount of a contract on the number of eligible Indian students educated or served by an eligible entity. With respect to these contracts, BIA must ensure full geographic coverage and the full participation of eligible entities. | {"src": "billsum_train", "title": "Johnson-O'Malley Supplemental Indian Education Program Modernization Act"} | 1,776 | 216 | 0.582008 | 1.644256 | 0.869318 | 3.134021 | 8.592784 | 0.917526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Drug Treatment Alternative
Sentencing Act of 2000''.
SEC. 2. ESTABLISHMENT.
Notwithstanding any other provision of law, the court, upon the
conviction of an individual for a misdemeanor under section 404(a) of
the Controlled Substances Act (21 U.S.C. 844(a)), if the individual is
a defendant described in section 3553(f)(2) of title 18, United States
Code, shall consider sentencing that individual to a term of probation
that includes a condition, or a term of imprisonment that includes a
recommendation, of participation in substance abuse treatment,
including a rehabilitation program as described under this Act.
SEC. 3. PROBATION PROGRAMS.
(a) Generally.--If the court orders probation pursuant to section
2, the sentence of probation shall be subject to subtitle B of chapter
227 of title 18, United States Code. In considering discretionary
conditions of probation under section 3563(b) of such title, the court
shall consider and use, where appropriate to assure participation in
substance abuse treatment, any of the following:
(1) Day fines.
(2) House arrest.
(3) Electronic monitoring.
(4) Intensive probation supervision.
(5) Day reporting centers.
(6) Victim-offender reconciliation.
(7) Intermittent confinement.
(8) Treatment in a therapeutic community.
(b) Alternative Sentence.--In order to assure participation in
substance abuse treatment each offender who participates in a substance
abuse program pursuant to this section shall serve a sentence of
imprisonment with respect to the underlying offense if that offender
does not successfully complete such a substance abuse treatment
program.
(c) Preference for Community-Based Programs.--The court shall
order, to the greatest extent practicable, that substance abuse
treatment for an individual sentenced under subsection (a) shall be
provided in the locality in which the individual resides.
SEC. 4. REHABILITATION PROGRAM.
(a) In General.--The Bureau of Prisons (hereinafter in this Act
referred to as the ``Bureau'') shall maintain a rehabilitation program
for offenders sentenced to incarceration under this Act. The program
shall consist of--
(1) residential substance abuse treatment; and
(2) aftercare services.
(b) Report.--The Bureau of Prisons shall transmit to the Congress
on January 1, 2002, and on January 1 of each year thereafter, a report.
Such report shall contain--
(1) a detailed quantitative and qualitative description of
each substance abuse treatment program, residential or not,
operated by the Bureau; and
(2) a complete statement of to what extent the Bureau has
achieved compliance with the requirements of this Act.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``residential substance abuse treatment''
means a course of individual and group activities, lasting
between 9 and 12 months, in residential treatment programs--
(A) directed at the substance abuse problems of the
convicted person;
(B) intended to develop a person's cognitive,
behavioral, social, vocational, and other skills so as
to solve the convicted person's substance abuse and
related problems; and
(C) shall include--
(i) addiction education;
(ii) individual, group, and family
counseling pursuant to individualized treatment
plans;
(iii) opportunity for involvement in
Alcoholics Anonymous, Narcotics Anonymous, or
Cocaine Anonymous;
(iv) parenting skills training, domestic
violence counseling, and sexual abuse
counseling, where appropriate;
(v) HIV education counseling and testing,
when requested, and early intervention services
for seropositive individuals;
(vi) services that facilitate access to
health and social services, where appropriate
and to the extent available; and
(vii) planning for and counseling to assist
reentry into society, including referrals to
appropriate educational, vocational, and other
employment-related programs (to the extent
available), referrals, to appropriate
outpatient or other drug or alcohol treatment,
counseling, transitional housing, and
assistance in obtaining suitable affordable
housing and employment upon completion of
treatment (and release from prison, if
applicable);
(2) the term ``aftercare services'' means a course of
individual and group treatment for a minimum of one year or for
the remainder of the term of incarceration if less than one
year, involving sustained and frequent interaction with
individuals who have successfully completed a program of
residential substance abuse treatment, and shall include
consistent personal interaction between the individual and a
primary counselor or case manager, participation in group and
individual counseling sessions, social activities targeted
toward a recovering substance abuser, and, where appropriate,
more intensive intervention; and
(3) the term ``substance abuse or dependency'' means the
abuse of drugs or alcohol.
SEC. 6. STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR
NONVIOLENT CONTROLLED SUBSTANCE OFFENSES.
The Attorney General shall within 1 year after the enactment of
this Act to the Committees on the Judiciary of the House of
Representatives and Senate issue a report on the racial impact of
mandatory minimum sentences for controlled substance offenses, their
effectiveness in reducing drug-related crime by nonviolent offenders in
contrast with other approaches such as drug treatment programs, and the
appropriateness of the use of such sentences on nonviolent offenders. | Directs the Bureau of Prisons to maintain a rehabilitation program for such offenders sentenced to incarceration.
Requires the Attorney General to study the racial impact of mandatory minimum sentences for controlled substance offenses, their effectiveness in reducing drug-related crime by nonviolent offenders, and the appropriateness of the use of such sentences on nonviolent offenders. | {"src": "billsum_train", "title": "Federal Drug Treatment Alternative Sentencing Act of 2000"} | 1,194 | 84 | 0.449843 | 1.046189 | 0.475784 | 6.311475 | 18.016393 | 0.967213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paul Wellstone Early Educator Loan
Forgiveness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1)(A) The first 5 years of a child's life are a time of
momentous change.
(B) Research shows that a child's brain size doubles
between birth and age 3.
(2) New scientific research shows that the electrical
activity of the brain cells actually changes the physical
structure of the brain, and that without a stimulating
environment, a baby's brain suffers.
(3) Research also indicates that there is a connection
between the cognitive, social, emotional, and physical
stimulation young children receive from their early childhood
teachers and caregivers and success in learning, school
readiness, and intellectual growth. There are important short-
and long-term effects of that stimulation on cognition and
social development.
(4) High quality early childhood education correlates with
better language development, mathematics abilities, and social
skills.
(5) 11,900,000 children younger than age 5 spend part of
their time with a child care provider other than a parent. By
2000, 64 percent of 3- to 5-year-olds were enrolled in some
type of preschool program. Demand for child care is growing as
more mothers enter the workforce.
(6) Good quality child care, in a healthy and safe
environment, with trained, caring providers who provide age-
appropriate, developmentally appropriate, and effective
activities, helps children grow and thrive. Recent research
shows that most child care needs significant improvement.
(7) Good quality child care depends largely on the
provider, yet providers of child care earn on average $7.86 per
hour, or $16,350 per year. Such earnings cause high annual
turnover, up to 31 percent of the staff in some child care
programs. High turnover affects the overall quality of a child
care program and causes anxiety for children.
(8) Children attending lower quality child care programs
and child care programs with high staff turnover are less
competent in language and social development than other
children.
(9) The quality of child care is primarily related to high
staff-to-child ratios, staff education, professional
development, and administrators' prior experience. In addition,
certain characteristics distinguish poor, mediocre, and good
quality child care programs, the most important of which are
teacher wages, education, and specialized training.
(10) Each State requires kindergarten teachers to hold at
least a bachelor's degree and certificate in early childhood
education. Only 20 States and the District of Columbia require
teachers in prekindergarten programs to satisfy those
requirements. Thirty States allow caregivers with no previous
training to work in child care programs.
SEC. 3. LOAN FORGIVENESS FOR CHILD CARE PROVIDERS.
Section 428K of the Higher Education Act of 1965 (20 U.S.C. 1078-
11) is amended to read as follows:
``SEC. 428K. LOAN FORGIVENESS FOR CHILD CARE PROVIDERS.
``(a) Purposes.--The purposes of this section are--
``(1) to bring more highly trained individuals into the
early child care profession; and
``(2) to keep more highly trained child care providers in
the early child care field for longer periods of time.
``(b) Definitions.--In this section:
``(1) Child care facility.--The term `child care facility'
means a facility, including a home, that--
``(A) provides child care services; and
``(B) meets applicable State or local government
licensing, certification, approval, or registration
requirements, if any.
``(2) Child care services.--The term `child care services'
means activities and services provided for the education and
care of children from birth through age 5 by an individual who has a
degree in early childhood education, including a preschool teacher.
``(3) Degree.--The term `degree' means an associate's or
bachelor's degree awarded by an institution of higher
education.
``(4) Early childhood education.--The term `early childhood
education' means education in the area of early child
development and education, or any other educational area
related to early child development and education or child care,
that the Secretary determines to be appropriate.
``(5) Eligible preschool program provider.--The term
`eligible preschool program provider' means a preschool program
provider serving children younger than the age of compulsory
school attendance in the State that is--
``(A) a public or private school;
``(B) a provider that is supported, sponsored,
supervised, or administered by a local educational
agency;
``(C) a Head Start agency designated under the Head
Start Act (42 U.S.C. 9831 et seq.);
``(D) a nonprofit or community-based organization;
or
``(E) a licensed child care center or family child
care provider.
``(6) Institution of higher education.--Notwithstanding
section 102, the term `institution of higher education' has the
meaning given the term in section 101.
``(7) Preschool teacher.--The term `preschool teacher'
means an individual--
``(A) who has received at least an associate's
degree in early childhood education and who is working
toward or who has already received a bachelor's degree
in early childhood education; and
``(B) who works for an eligible preschool program
provider supporting the children's cognitive, social,
emotional, and physical development to prepare the
children for the transition to kindergarten.
``(c) Loan Forgiveness.--
``(1) In general.--The Secretary may carry out a program of
assuming the obligation to repay, pursuant to subsection (d), a
loan made, insured, or guaranteed under this part, part D
(excluding loans made under sections 428B and 428C or
comparable loans made under part D), or part E for any new
borrower after the date of enactment of the Higher Education
Amendments of 1998, who--
``(A) receives a degree in early childhood
education;
``(B) obtains employment in a child care facility,
such as employment as a preschool teacher; and
``(C) has been employed full time, for the 2
consecutive years preceding the year for which the
determination is made, as a provider of child care
services in a child care facility in a low-income
community.
``(2) Low-income community.--In this subsection, the term
`low-income community' means a community in which 70 percent of
households earn less than 85 percent of the State median
household income.
``(3) Award basis; priority.--
``(A) Award basis.--Subject to subparagraph (B),
loan repayment under this section shall be on a first-
come, first-served basis and subject to the
availability of appropriations.
``(B) Priority.--The Secretary shall give priority
in providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
``(4) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out the
provisions of this section.
``(d) Loan Repayment.--
``(1) In general.--The Secretary shall assume the
obligation to repay--
``(A) after the second consecutive year of
employment described in subparagraphs (B) and (C) of
subsection (c)(1), 20 percent of the total amount of
all loans described in subsection (c)(1) and made after
the date of enactment of the Higher Education
Amendments of 1998, to a student;
``(B) after the third consecutive year of such
employment, 20 percent of the total amount of all such
loans; and
``(C) after each of the fourth and fifth
consecutive years of such employment, 30 percent of the
total amount of all such loans.
``(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made, insured, or guaranteed under this part, part D, or part
E.
``(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan that accrues for such year
shall be repaid by the Secretary.
``(4) Special rule.--In the case in which a student
borrower who is not participating in loan repayment pursuant to
this section returns to an institution of higher education
after graduation from an institution of higher education for
the purpose of obtaining a degree in early childhood education,
the Secretary is authorized to assume the obligation to repay
the total amount of loans described in subsection (c)(1) and
incurred for a maximum of 2 academic years in returning to the
institution of higher education for the purpose of obtaining
the degree in early childhood education. Such loans shall only
be repaid for borrowers who qualify for loan repayment pursuant
to the provisions of this section, and shall be repaid in
accordance with the provisions of paragraph (1).
``(5) Ineligibility of national service award recipients.--
No student borrower may, for the same service, receive a
benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.).
``(e) Repayment to Eligible Lenders and Holders.--The Secretary
shall pay to each eligible lender or holder for each fiscal year an
amount equal to the aggregate amount of the lender's or holder's loans
that are subject to repayment pursuant to this section for such year.
``(f) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each of the
second through the fifth consecutive years of qualifying
employment described in subsection (d)(1). The borrower shall
receive forbearance while engaged in qualifying employment
described in subsection (d)(1) unless the borrower is in
deferment while so engaged.
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct, by grant or
contract, an independent national evaluation of the impact of
the program assisted under this section on the field of early
childhood education.
``(2) Competitive basis.--The grant or contract described
in paragraph (1) shall be awarded on a competitive basis.
``(3) Contents.--The evaluation described in this
subsection shall--
``(A) determine the number of individuals who were
encouraged by the program assisted under this section
to pursue early childhood education;
``(B) determine the number of individuals who
remain employed in a child care facility as a result of
participation in the program;
``(C) identify the barriers to the effectiveness of
the program;
``(D) assess the cost-effectiveness of the program
in improving the quality of--
``(i) early childhood education; and
``(ii) child care services;
``(E) identify the reasons why participants in the
program have chosen to take part in the program;
``(F) identify the number of individuals
participating in the program who received an
associate's degree and the number of such individuals
who received a bachelor's degree; and
``(G) identify the number of years each individual
participated in the program.
``(4) Interim and final evaluation reports.--The Secretary
shall prepare and submit to the President and Congress such
interim reports regarding the evaluation described in this
subsection as the Secretary determines to be appropriate, and
shall prepare and so submit a final report regarding the
evaluation by January 1, 2007.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for fiscal year
2004, and such sums as may be necessary for each of the 4 succeeding
fiscal years.''. | Paul Wellstone Early Educator Loan Forgiveness Act - Amends the Higher Education Act of 1965 to revise the student loan forgiveness program for child care providers to include preschool teachers. Requires such teachers to: (1) have received at least an associate's degree, and be working toward or have already received a bachelor's degree, in early childhood education; and (2) work for an eligible preschool program provider to prepare the children for transition to kindergarten. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to improve the loan forgiveness program for child care providers, including preschool teachers, and for other purposes."} | 2,657 | 99 | 0.419055 | 1.257822 | 0.693336 | 3.360465 | 29.55814 | 0.965116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coral Reef Conservation Amendments
Act of 2005''.
SEC. 2. EXPANSION OF CORAL REEF CONSERVATION PROGRAM.
(a) Project Diversity.--Section 204(d) of the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6403(d)) is amended--
(1) by striking ``Geographic and Biological'' in the
heading and inserting ``Project''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Remaining funds shall be awarded for--
``(A) projects (with priority given to community-
based local action strategies) that address emerging
priorities or threats, including international and
territorial priorities, or threats identified by the
Administrator in consultation with the Coral Reef Task
Force; and
``(B) other appropriate projects, as determined by
the Administrator, including monitoring and assessment,
research, pollution reduction, education, and technical
support.''.
(b) Approval Criteria.--Section 204(g) of that Act (16 U.S.C.
6403(g)) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(9);
(2) by striking paragraph (10); and
(3) by inserting after paragraph (9) the following:
``(10) promoting activities designed to minimize the
likelihood of vessel impacts on coral reefs, particularly those
activities described in section 210(b), including the promotion
of ecologically sound navigation and anchorages near coral
reefs; or
``(11) promoting and assisting entities to work with local
communities, and all appropriate governmental and
nongovernmental organizations, to support community-based
planning and management initiatives for the protection of coral
reef systems.''.
SEC. 3. EMERGENCY RESPONSE.
Section 206 of the Coral Reef Conservation Act of 2000 (16 U.S.C.
6405) is amended to read as follows:
``SEC. 206. EMERGENCY RESPONSE ACTIONS.
``(a) In General.--The Administrator may undertake or authorize
action necessary to prevent or minimize the destruction or loss of, or
injury to, coral reefs or coral reef ecosystems from vessel impacts,
derelict fishing gear, vessel anchors and anchor chains, or damage from
unforeseen or disaster-related circumstances.
``(b) Actions Authorized.--Action authorized by subsection (a)
includes vessel removal and emergency restabilization of the vessel and
any impacted coral reef.
``(c) Partnering With Other Federal Agencies.--When possible,
action by the Administrator under this section should--
``(1) be conducted in partnership with other Federal
agencies, including the United States Coast Guard, the Federal
Emergency Management Agency, the U.S. Army Corps of Engineers,
and the Department of the Interior; and
``(2) leverage resources of other agencies.''.
SEC. 4. NATIONAL PROGRAM.
Section 207(b) of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6406) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(3);
(2) by striking ``partners.'' in paragraph (4) and
inserting ``partners; and''; and
(3) by adding at the end the following:
``(5) activities designed to minimize the likelihood of
vessel impacts or other physical damage to coral reefs,
including those activities identified in section 210(b).''.
SEC. 5. REPORT TO CONGRESS.
(a) In General.--Section 208 of the Coral Reef Conservation Act of
2000 (16 U.S.C. 6407) is amended to read as follows:
``SEC. 208. REPORT TO CONGRESS.
``Not later than March 1, 2007, and every 3 years thereafter, the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of the
House of Representatives a report describing all activities undertaken
to implement the strategy, including--
``(1) a description of the funds obligated by each
participating Federal agency to advance coral reef conservation
during each of the 3 fiscal years next preceding the fiscal
year in which the report is submitted;
``(2) a description of Federal interagency and cooperative
efforts with States and United States territories to prevent or
address overharvesting, coastal runoff, or other anthropogenic
impacts on coral reefs, including projects undertaken with the
Department of Interior, Department of Agriculture, the
Environmental Protection Agency, and the United States Army
Corps of Engineers;
``(3) a summary of the information contained in the vessel
grounding inventory established under section 210, including
additional authorization or funding, needed for response and
removal of such vessels;''
``(4) a description of Federal disaster response actions
taken pursuant to the National Response Plan to address damage
to coral reefs and coral reef ecosystems; and
``(5) an assessment of the condition of United States coral
reefs, accomplishments under this Act, and the effectiveness of
management actions to address threats to coral reefs.''.
(b) Clerical Amendment.--The table of contents for the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by
striking the item relating to section 208 and inserting the following:
``208. Report to Congress.''.
SEC. 6. FUND; GRANTS; GROUNDING INVENTORY; COORDINATION.
(a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C.
6401 et seq.) is amended--
(1) by striking ``organization solely'' and all that
follows in section 205(a) (16 U.S.C. 6404(a)) and inserting
``organization--
``(1) to support partnerships between the public and
private sectors that further the purposes of this Act and are
consistent with the national coral reef strategy under section
203; and
``(2) to address emergency response actions under section
206.'';
(2) by adding at the end of section 205(b) 16 U.S.C.
6404(b)) ``The organization is encouraged to solicit funding
and in-kind services from the private sector, including
nongovernmental organizations, for emergency response actions
under section 206 and for activities to prevent damage to coral
reefs, including activities described in section 210(b)(2).'';
(3) by striking ``the grant program'' in section 205(c) (16
U.S.C. 6404(c)) and inserting ``any grant program or emergency
response action'';
(4) by redesignating sections 209 and 210 as sections 212
and 213, respectively; and
(5) by inserting after section 208 the following:
``SEC. 209. COMMUNITY-BASED PLANNING GRANTS.
``(a) In General.--The Administrator may make grants to entities
who have received grants under section 204(c) to provide additional
funds to such entities to work with local communities and through
appropriate Federal and State entities to prepare and implement plans
for the increased protection of coral reef areas identified by the
community and scientific experts as high priorities for focused
attention. The plans shall--
``(1) support attainment of 1 or more of the criteria
described in section 204(g);
``(2) be developed at the community level;
``(3) utilize watershed-based approaches;
``(4) provide for coordination with Federal and State
experts and managers; and
``(5) build upon local approaches or models, including
traditional or island-based resource management concepts.
``(b) Terms and Conditions.--The provisions of subsections (b),
(d), (f), and (h) of section 204 apply to grants under subsection (a),
except that, for the purpose of applying section 204(b)(1) to grants
under this section, `75 percent' shall be substituted for `50 percent'.
``SEC. 210. VESSEL GROUNDING INVENTORY.
``(a) In General.--The Administrator may maintain an inventory of
all vessel grounding incidents involving coral reef resources,
including a description of--
``(1) the impacts to such resources;
``(2) vessel and ownership information, if available;
``(3) the estimated cost of removal, mitigation, or
restoration;
``(4) the response action taken by the owner, the
Administrator, the Commandant of the Coast Guard, or other
Federal or State agency representatives;
``(5) the status of the response action, including the
dates of vessel removal and mitigation or restoration and any
actions taken to prevent future grounding incidents; and
``(6) recommendations for additional navigational aids or
other mechanisms for preventing future grounding incidents.
``(b) Identification of At-Risk Reefs.--The Administrator may--
``(1) use information from any inventory maintained under
subsection (a) or any other available information source to
identify coral reef areas outside designated National Marine
Sanctuaries that have a high incidence of vessel impacts,
including groundings and anchor damage; and
``(2) identify appropriate measures, including action by
other agencies, to reduce the likelihood of such impacts.
``SEC. 211. REGIONAL COORDINATION.
``The Administrator shall work in coordination and collaboration
with other Federal agencies, States, and United States territorial
governments to implement the strategies developed under section 203,
including regional and local strategies, to address multiple threats to
coral reefs and coral reef ecosystems such as coastal runoff, vessel
impacts, and overharvesting.''.
(b) Clerical Amendment.--The table of contents for the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended--
(1) by redesignating the items relating to sections 208
through 211 as relating to sections 211 through 214; and
(2) by inserting the following after the item relating to
section 207:
``209. Community-based planning grants.
``210. Vessel grounding inventory.
``211. Regional coordination.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the Coral Reef Conservation Act of 2000 (formerly 16
U.S.C. 6408), as redesignated by section 6, is amended--
(1) by striking ``$16,000,000 for each of fiscal years
2001, 2002, 2003, and 2004,'' in subsection (a) and inserting
``$30,000,000 for fiscal year 2006, $32,000,000 for fiscal year
2007, $34,000,000 for fiscal year 2008, and $35,000,000 for
each of fiscal years 2009 through 2012, of which no less than
30 percent per year (for each of fiscal years 2006 through
2012) shall be used for the grant program under section 204 and
up to 10 percent per year shall be used for the Fund
established under section 205,'';
(2) by striking ``$1,000,000'' in subsection (b) and
inserting ``$2,000,000''; and
(3) by striking subsection (c) and inserting the following:
``(c) Community-Based Planning Grants.--There is authorized to be
appropriated to the Administrator to carry out section 209 the sum of
$8,000,000 for fiscal years 2007 through 2012, such sum to remain
available until expended.''; and
(4) by striking subsection (d).
Passed the Senate December 15, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Coral Reef Conservation Amendments Act of 2005 - (Sec. 2) Amends the Coral Reef Conservation Act of 2000 to extend the award of remaining grant funds under the coral reef conservation program, in addition to projects addressing emerging priorities or threats, to other appropriate projects, as identified by the Administrator of the National Oceanic and Atmospheric Administration (NOAA), including monitoring and assessment, research, pollution reduction, education, and technical support.
Prohibits the Administrator from approving a coral reef conservation project unless it is consistent with a certain coral reef action strategy and will enhance conservation by: (1) promoting activities designed to minimize vessel impacts on coral reefs; and (2) assisting entities to work with local communities, and appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef systems.
(Sec. 3) Authorizes the Administrator to undertake emergency response actions to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral ecosystems from vessel impacts, derelict fishing gear, vessel anchors and anchor chains, or damage from unforeseen or disaster-related circumstances.
Requires the Administrator, when possible, to partner with other specified federal agencies and to leverage their resources for such purposes.
(Sec. 4) Authorizes, under the national program to conserve coral reefs and coral ecosystems, any activities designed to minimize the likelihood of vessel impacts or other physical damage to coral reefs, including activities to identify certain at-risk coral reefs.
(Sec. 5) Directs the Administrator to report triennially to Congress on all activities undertaken to implement the national coral reef action strategy, including: (1) a description of funds obligated by each participating federal agency to advance coral reef conservation; (2) a description of federal interagency and cooperative efforts with states and U.S. territories to prevent overharvesting, coastal runoff, or other anthropogenic impacts on coral reefs; (3) a summary of the information contained in the vessel grounding inventory, including additional funding, needed for response and removal of such vessels; (4) a description of federal disaster response actions taken under the National Response Plan to address damage to coral reefs and coral reef ecosystems; and (5) an assessment of the condition of U.S. coral reefs, accomplishments under this Act, and the effectiveness of management actions to address threats to coral reefs.
(Sec. 6) Requires a nonprofit organization that receives project funds from the Coral Reef Conservation Fund to use them to address emergency response actions to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral ecosystems from vessel impacts or other physical damage to coral reefs. Urges such organizations to solicit funding and in-kind services from the private sector (including nongovernmental organizations).
Authorizes the Administrator to make community-based planning grants to certain entities to work with local communities and appropriate federal and state entities to implement plans for increased protection of high priority coral reefs.
Authorizes the Administrator to: (1) maintain an inventory of all vessel grounding accidents involving coral reef resources; and (2) identify certain at-risk coral reefs that have a high incidence of vessel impacts, including appropriate measures to reduce such impacts.
Directs the Administrator to work in coordination with other federal agencies, states, and U.S. territorial governments to implement the national coral reef action strategies (including regional and local strategies) to address multiple threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and overharvesting.
(Sec. 7) Reauthorizes the Coral Reef Conservation Act of 2000 and authorizes appropriations through FY2012 for: (1) the coral reef conservation program; and (2) community-based planning grants. | {"src": "billsum_train", "title": "A bill to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes."} | 2,530 | 808 | 0.729253 | 2.195233 | 0.855417 | 4.987483 | 3.25452 | 0.942976 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Savings Access After
Catastrophes Act of 2012''.
SEC. 2. HURRICANE ISAAC DISASTER AREA.
For purposes of this Act, the term ``Hurricane Isaac disaster
area'' means any parish or county of Louisiana or Mississippi which is
(in whole or in part) in the area with respect to which a major
disaster has been declared by the President before September 10, 2012,
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of Hurricane Isaac.
SEC. 3. SUSPENSION OF PERSONAL CASUALTY LOSS LIMITATIONS.
Paragraphs (1) and (2) of section 165(h) of the Internal Revenue
Code of 1986 shall not apply to losses described in section 165(c)(3)
of such Code which arise in the Hurricane Isaac disaster area during
the 2-year period beginning on August 26, 2012, and which are
attributable to Hurricane Isaac. In the case of any other losses,
section 165(h)(2)(A) of such Code shall be applied without regard to
the losses referred to in the preceding sentence.
SEC. 4. TREATMENT OF NET OPERATING LOSSES ATTRIBUTABLE TO HURRICANE
ISAAC.
(a) Extension of Carryback Period.--During the 2-year period
beginning on August 26, 2012, if a portion of any net operating loss of
the taxpayer for any taxable year is a Hurricane Isaac loss, section
172(b)(1) of the Internal Revenue Code of 1986 shall be applied with
respect to such portion--
(1) by substituting ``5 taxable years'' for ``2 taxable
years'' in subparagraph (A)(i) thereof, and
(2) by not taking such portion into account in determining
any eligible loss of the taxpayer under subparagraph (F)
thereof for the taxable year.
(b) Suspension of 90 Percent AMT Limitation.--Section 56(d)(1) of
such Code shall be applied by increasing the amount determined under
subparagraph (A)(ii)(I) thereof by the sum of the carrybacks and
carryovers of any net operating loss attributable to the portion
described in subsection (a).
(c) Hurricane Isaac Loss.--For purposes of this section--
(1) In general.--The term ``Hurricane Isaac loss'' means
the lesser of--
(A) the excess of--
(i) the net operating loss for such taxable
year, over
(ii) the specified liability loss for such
taxable year to which a 10-year carryback
applies under section 172(b)(1)(C) of such
Code, or
(B) the amount of any deduction for any qualified
Hurricane Isaac casualty loss to the extent taken into
account in computing the net operating loss for such
taxable year.
(2) Qualified hurricane isaac casualty loss.--
(A) In general.--The term ``qualified Hurricane
Isaac casualty loss'' means any uncompensated section
1231 loss (as defined in section 1231(a)(3)(B) of such
Code) of property located in the Hurricane Isaac
disaster area if--
(i) such loss is allowed as a deduction
under section 165 of such Code for the taxable
year, and
(ii) such loss is by reason of Hurricane
Isaac.
(B) Applicable rules.--For purposes of subparagraph
(A), rules similar to the rules of subparagraphs (B)
and (C) of paragraph (3), and paragraph (4), of section
1400N(k) of such Code and shall apply.
SEC. 5. TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.
(a) In General.--A qualified Hurricane Isaac distribution shall be
treated as a qualified hurricane distribution for purposes of section
1400Q(a) of the Internal Revenue Code of 1986.
(b) Qualified Hurricane Isaac Distribution.--For purposes of
subsection (a), the term ``qualified Hurricane Isaac distribution''
means any distribution from an eligible retirement plan made on or
after August 26, 2012, and before September 11, 2014, to an individual
whose principal place of abode on August 26, 2012, is located in the
Hurricane Isaac disaster area and who has sustained an economic loss by
reason of Hurricane Isaac.
(c) Applicable Rules.--For purposes of this section, rules similar
to the rules of section 1400Q(a) of such Code (other than paragraph
(4)(A) thereof) shall apply.
SEC. 6. RESCISSION OF UNSPENT AND UNCOMMITTED FEDERAL FUNDS.
(a) In General.--Notwithstanding any other provision of law, of all
available unobligated Federal funds, an amount in appropriated
discretionary unexpired funds determined by the Director of the Office
of Management and Budget to be equal to the reduction in Federal
revenues by reason of the enactment of this Act is rescinded.
(b) Implementation.--Not later than 60 days after the date of
enactment of this Act, the Director of the Office of Management and
Budget shall--
(1) identify the accounts and amounts rescinded to
implement subsection (a); and
(2) submit a report to the Secretary of the Treasury and
Congress of the accounts and amounts identified under paragraph
(1) for rescission.
(c) Exception.--This section shall not apply to the unobligated
Federal funds of the Department of Defense or the Department of
Veterans Affairs. | Investment Savings Access After Catastrophes Act of 2012 - Defines "Hurricane Isaac disaster area" for purposes of this Act as any parish or county of Louisiana or Mississippi in an area in which a major disaster has been declared before September 10, 2012, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Isaac.
Provides for tax preferences in the Hurricane Isaac disaster area, including: (1) suspension of limitations on the tax deduction for personal casualty losses, (2) an extension of the carryback period for net operating losses, and (3) tax-free distributions from a retirement plan made on or after August 26, 2012, and before September 11, 2014, to an individual whose principal place of abode on August 26, 2012, was located in the Hurricane Isaac disaster area and who sustained an economic loss due to Hurricane Isaac.
Rescinds unobligated funds in an amount equal to the reduction in revenues resulting from the enactment of this Act. | {"src": "billsum_train", "title": "To provide tax relief with respect to the Hurricane Isaac disaster area."} | 1,248 | 210 | 0.646619 | 1.943052 | 0.792459 | 5.312169 | 5.52381 | 0.931217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Every Representative's
Integrity Transparent Act of 2014'' or the ``MERIT Act''.
SEC. 2. PROHIBITING CAMPAIGN COMMITTEES FROM EMPLOYING RELATIVES OF
CANDIDATES.
(a) Prohibition.--Section 302 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 432) is amended by adding at the end the following
new subsection:
``(j) Restrictions on Dealings With Relatives of Candidates.--
``(1) Prohibiting employment.--
``(A) Authorized committees.--An authorized
committee of a candidate may not employ in a paid
position any individual who is a relative of the
candidate.
``(B) Leadership pacs.--A leadership PAC (as
defined in section 304(i)(8)(B)) may not employ in a
paid position any individual who is a relative of the
candidate or individual holding Federal office who
establishes, finances, maintains, or controls the
leadership PAC.
``(2) Relative defined.--In this subsection, the term
`relative' means, with respect to a candidate or individual
holding Federal office, an aunt, brother, brother-in-law,
daughter, daughter-in-law, father, father-in-law, first cousin,
grandson, granddaughter, half-brother, half-sister, husband,
mother, mother-in-law, nephew, niece, sister, sister-in-law,
son, son-in-law, stepbrother, stepdaughter, stepfather,
stepmother, stepsister, stepson, uncle, or wife.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the expiration of the 90-day period which begins on
the date of the enactment of this Act.
SEC. 3. LIMIT ON INTEREST RATE PAID BY CAMPAIGN COMMITTEES ON LOANS
MADE BY CANDIDATES.
(a) Limit on Interest Rate.--Section 302 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432), as amended by section 2, is
further amended by adding at the end the following new subsection:
``(k) Limit on Interest Rate Paid on Loans Made by Candidates.--
``(1) Limit.--If an authorized committee of a candidate
accepts a loan from the candidate, the committee may not pay
interest on the loan at an annual rate higher than the prime
rate as of the date the loan is agreed to plus 2 percentage
points.
``(2) Prime rate defined.--In this subsection, the term
`prime rate' means the bank prime loan rate published in the
Federal Reserve Statistical Release on selected interest rates
(daily or weekly), and commonly referred to as the H.15 release
(or any successor publication).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to loans made on or after the date of the enactment
of this Act.
SEC. 4. ENHANCED DISCLOSURE OF CERTAIN INFORMATION BY CAMPAIGN
COMMITTEES.
(a) Loans Made by Candidates.--Section 304(b)(3)(E) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(b)(3)(E)) is amended by
striking ``and the date and amount or value of such loan;'' and
inserting the following: ``the date and amount or value of such loan,
and in the case of a loan made to an authorized committee which is made
by or guaranteed by the candidate, the terms and conditions of the
loan, including the aggregate amount of the loan, the annualized
interest rate (and, if the interest rate is variable, a description of
how the rate may vary), the terms and conditions (if any) under which
the interest rate may be changed from fixed to variable or from
variable to fixed, the repayment schedule, the duration of the loan,
any fees and penalties which may be assessed on the borrower, and the
requirements (if any) for loan forgiveness or deferment;''.
(b) Payments to Relatives of Candidates.--
(1) Payments for operating expenses.--Section 304(b)(5)(A)
of such Act (2 U.S.C. 434(b)(5)(A)) is amended by striking the
semicolon at the end and inserting the following: ``, and, if
the person to whom the expenditure is made is a relative of the
candidate (as defined in section 302(j)(2)) or is a business
organization with respect to which a relative of the candidate
(as so defined) serves as an officer or director, the name and
address of the relative and the type of relative involved;''.
(2) Other disbursements.--Section 304(b)(6)(A) of such Act
(2 U.S.C. 434(b)(6)(A)) is amended by striking the semicolon at
the end and inserting the following: ``, and, if the person who
received the disbursement is a relative of the candidate (as
defined in section 302(j)(2)) or is a business organization
with respect to which a relative of the candidate (as so
defined) serves as an officer or director, the name and address
of the relative and the type of relative involved;''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to reports filed under section 304 of the Federal
Election Campaign Act of 1971 after the date of the enactment of this
Act.
SEC. 5. CLARIFICATION OF RULES APPLICABLE TO USES OF CONTRIBUTIONS
ACCEPTED BY POLITICAL COMMITTEES.
(a) Prohibiting Conversion to Personal Use.--Section 313(b)(2) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 439a(b)(2)) is
amended by striking ``the candidate's election campaign or individual's
duties as a holder of Federal office,'' and inserting the following:
``the candidate's election campaign, the individual's duties as a
holder of Federal office, or the political committee's political
activities (as the case may be),''.
(b) Clarification That Contributions May Be Used for Authorized
Expenditures in Connection With Political Activities and for Other
Lawful Purposes.--
(1) In general.--Section 313(a) of such Act (2 U.S.C.
439a(a)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``accepted by a candidate'' and inserting
``accepted by a candidate or a political committee'';
(B) in the matter preceding paragraph (1), by
striking ``used by the candidate or individual'' and
inserting ``used by the candidate, individual, or
political committee''; and
(C) in paragraph (1), by striking the semicolon at
the end and inserting the following: ``, or, in the
case of a political committee, in connection with the
committee's political activities;''.
(2) Conforming amendments.--Section 313(a) of such Act (2
U.S.C. 439a(a)) is amended--
(A) in paragraph (2), by striking ``for ordinary
and necessary expenses'' and inserting ``in the case of
a candidate or individual, for ordinary and necessary
expenses'';
(B) in paragraph (3), by striking ``for
contributions'' and inserting ``in the case of a
candidate or individual, for contributions'';
(C) in paragraph (4), by striking ``for transfers''
and inserting ``in the case of a candidate or
individual, for transfers''; and
(D) in paragraph (5), by striking ``for donations''
and inserting ``in the case of a candidate or
individual, for donations''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after December 2014.
SEC. 6. REQUIRING LOBBYISTS TO IDENTIFY RELATIVES WHO ARE COVERED
OFFICIALS AND DISCLOSE LOBBYING CONTACTS WITH RELATIVES.
(a) Identification of Relatives Who Are Covered Officials in
Registration Statements.--
(1) In general.--Section 4(b)(6) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603(b)(6)) is amended to read as
follows:
``(6) for each employee of the registrant who has acted or
whom the registrant expects to act as a lobbyist on behalf of
the client--
``(A) the name of the employee;
``(B) the position in which the employee served if
such employee has served as a covered executive branch
official or a covered legislative branch official in
the 20 years before the date on which the employee
first acted as a lobbyist on behalf of the client; and
``(C) the name of each relative of the employee who
serves currently or who served previously as a covered
executive branch official or a covered legislative
branch official and, in the case of an official who is
or was a Member of Congress, the Congressional Bioguide
Identifier assigned to the Member by the Clerk of the
House of Representatives or the Secretary of the
Senate, as the case may be.''.
(2) Updates to registration for lobbyists who become
relatives of covered officials after registration.--Section 4
of such Act (2 U.S.C. 1603) is amended by adding at the end the
following new subsection:
``(e) Updates to Registration for Employees Who Become Relatives of
Covered Officials.--If, after a registrant registers under this
section, an employee of the registrant who is identified in the
registration under subsection (b)(6) becomes the relative of a covered
legislative branch official or a covered executive branch official, the
registrant shall update the registration to include the information
described in subparagraph (B) of such subsection with respect to the
employee and the official not later than 90 days after the employee
becomes the relative of the official.''.
(3) Effective date; transition rule for current
registrants.--
(A) Effective date.--The amendments made by this
subsection shall apply with respect to registrations
made under section 4 of the Lobbying Disclosure Act of
1995 after the date of the enactment of this Act.
(B) Transition rule.--A registrant who registered
under section 4 of the Lobbying Disclosure Act of 1995
prior to the date of the enactment of this Act shall
include the information described in section 4(b)(6)(C)
of such Act (as added by paragraph (1)) in the next
quarterly report on lobbying activities which the
registrant files under section 5(a) of such Act after
the date of the enactment of this Act.
(b) Inclusion of Lobbying Contacts With Relatives in Quarterly
Reports on Lobbying Activities.--
(1) In general.--Section 5(b)(2) of such Act (2 U.S.C.
1604(b)(2)) is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the semicolon at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) if, on behalf of the client, any lobbyist
employed by the registrant contacted a relative who is
a covered legislative branch official or covered
executive branch official, a statement identifying the
lobbyist, the official (and, if the official is a
Member of Congress, the Congressional Bioguide
Identifier assigned to the Member by the Clerk of the
House of Representatives or the Secretary of the
Senate, as the case may be), the subject matter of the
contact, and the type of relative involved;''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reports filed under section 5 of
the Lobbying Disclosure Act of 1995 with respect to quarterly
periods which begin on or after the date of the enactment of
this Act.
(c) Relative Defined.--Section 3 of such Act (2 U.S.C. 1602) is
amended--
(1) by redesignating paragraph (16) as paragraph (17); and
(2) by inserting after paragraph (15) the following new
paragraph:
``(16) Relative.--The term `relative' means, with respect
to a lobbyist or employee of a registrant, an aunt, brother,
brother-in-law, daughter, daughter-in-law, father, father-in-
law, first cousin, grandson, granddaughter, half-brother, half-
sister, husband, mother, mother-in-law, nephew, niece, sister,
sister-in-law, son, son-in-law, stepbrother, stepdaughter,
stepfather, stepmother, stepsister, stepson, uncle, or wife.''. | Making Every Representative's Integrity Transparent Act of 2014 or the MERIT Act - Amends the Federal Election Campaign Act of 1971 to prohibit a candidate's authorized committee from employing any of the candidate's relatives in a paid position. Prohibits a leadership political action committee (PAC) from employing in a paid position any relative of the candidate or any individual holding federal office who establishes, finances, maintains, or controls the leadership PAC. Limits the interest rate an authorized committee may pay on a loan accepted from the candidate to an annual rate no higher than the prime rate plus 2%. Revises political committee disclosure requirements about: loans made by candidates, expenditures to relatives of candidates for operating expenses, and disbursements received by a candidate's relative or a business organization one of whose officers or dicrectors is a relative of the candidate. Applies the prohibition against the conversion to personal use of contributions accepted by candidates also to contributions accepted by political committees. Allows the use of contributions accepted by political committees for authorized expenditures in connection with political activities. Amends the Lobbying Disclosure Act of 1995 to: (1) require lobbying registrations to contain, for each employee of the registrant who has acted or who the registrant expects to act as a lobbyist on behalf of the client, the name of each relative of the employee who serves currently or who has served previously as a covered executive or legislative branch official, including the Congressional Bioguide Identifier of any covered official who is or was a Member of Congress; (2) require updates to registrations for employees who become relatives of covered officials, and (3) include lobbying contacts with relatives who are covered officials in quarterly reports on lobbying activities. | {"src": "billsum_train", "title": "MERIT Act"} | 3,046 | 381 | 0.57638 | 1.877156 | 0.803452 | 3.546584 | 7.872671 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Residential Solar Energy Act of
2001''.
SEC. 2. CREDIT TO HOLDERS OF RESIDENTIAL SOLAR ENERGY BONDS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT TO HOLDERS OF RESIDENTIAL SOLAR ENERGY BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
Residential Solar Energy Bond on a credit allowance date of such bond
which occurs during the taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year an
amount equal to the sum of the credits determined under subsection (b)
with respect to credit allowance dates during such year on which the
taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a Residential Solar Energy Bond is 25 percent of the annual
credit determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any Residential Solar Energy Bond is the product
of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph
(1), the applicable credit rate with respect to an issue is the
rate equal to an average market yield (as of the day before the
date of issuance of the issue) on outstanding long-term
corporate debt obligations (determined under regulations
prescribed by the Secretary).
``(4) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed.
``(c) Residential Solar Energy Bond.--For purposes of this
section--
``(1) In general.--The term `Residential Solar Energy Bond'
means any bond issued as part of an issue if--
``(A) 95 percent or more of the proceeds of such
issue are to be used to make qualified solar energy
loans,
``(B) the bond is issued by a qualified utility,
``(C) the issuer designates such bond for purposes
of this section, and
``(D) the term of each bond which is part of such
issue does not exceed 15 years.
``(2) Qualified solar energy loan.--
``(A) In general.--The term `qualified solar energy
loan' means any loan without interest to the owner of
any qualified residential property for the purchase and
installation of photovoltaic cells on such property but
only if--
``(i) the excess of the electricity
produced by such cells over the electricity
consumed at the residential property is
transmitted from such property for use by
others,
``(ii) the net electricity produced or
consumed at the residential property is
metered,
``(iii) the owner receives a credit against
future electricity consumption for the excess
described in clause (i),
``(iv) the principal amount of the loan is
payable in equal installments over 15 years
(or, if shorter, the period specified by the
utility), and
``(v) the loan is made under a program of
the utility that--
``(I) specifies an approved list of
photovoltaic cell equipment and
installers, and
``(II) contains other safeguards to
ensure that the loan is used for its
intended purpose.
``(B) Qualified utility.--The term `qualified
utility' means any entity (including a governmental
unit) engaged in the sale of electrical energy at
retail in the United States
``(C) Qualified residential property.--The term
`qualified residential property' means any single-
family or multi-family residence.
``(d) Limitation on Amount of Bonds Designated.--
``(1) In general.--The maximum aggregate face amount of
bonds which may be designated under subsection (c)(1) by any
qualified utility shall not exceed the limitation amount
allocated to such utility under paragraph (3).
``(2) National limitation on amount of bonds designated.--
There is a national Residential Solar Energy Bond limitation of
$24,000,000,000.
``(3) Allocation of limitation among utilities.--
``(A) In general.--The national Residential Solar
Energy Bond limitation shall be allocated by the
Secretary of Energy during 2002, 2003, 2004, and 2005
to qualified utilities. In making such allocations,
such Secretary shall give priorities to qualified
utilities which provide subsidies (other than through
the use of such Bonds) for the purchase and
installation by residential customers of photovoltaic
cells on their residences.
``(B) Unused allocations.--Any allocation made to a
qualified utility which is not used within 6 months
after the date of the allocation may be reallocated by
the Secretary of Energy.
``(e) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under part
IV of subchapter A (other than subpart C thereof,
relating to refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(f) Other Definitions.--For purposes of this section--
``(1) Credit allowance date.--The term `credit allowance
date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is
outstanding.
``(2) Bond.--The term `bond' includes any obligation.
``(g) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (e)) and the amount so
included shall be treated as interest income.
``(h) Special Rules Relating to Arbitrage.--
``(1) In general.--A bond shall not be treated as failing
to meet the requirements of subsection (c)(1) solely by reason
of the fact that the proceeds of the issue of which such bond
is a part are invested for a reasonable temporary period until
such proceeds are used in making qualified solar energy loans.
``(2) Earnings on proceeds.--Any earnings on proceeds
during the temporary period shall be treated as proceeds of the
issue for purposes of applying subsection (c)(1) and paragraph
(1) of this subsection.
``(3) Treatment of loan repayments.--Principal repayments
received during any calendar quarter shall not be treated as
failing to meet the requirements of subsection (c)(1) if,
before the end of the following calendar quarter, the amount of
such repayments is used to make qualified solar energy loans,
to redeem residential solar energy bonds, or to acquire zero
interest State and local government series bonds. The term of a
loan made from such repayments may extend beyond the last day
that any bond issued as part of the issue financing the loan
being repaid is outstanding; and, if so, the requirement that a
loan be without interest shall not apply to the period after
such last day.
``(i) Other Special Rules.--
``(1) Bonds held by regulated investment companies.--If any
Residential Solar Energy Bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(2) Credits may be stripped.--Under regulations
prescribed by the Secretary--
``(A) In general.--There may be a separation
(including at issuance) of the ownership of a
Residential Solar Energy Bond and the entitlement to
the credit under this section with respect to such
bond. In case of any such separation, the credit under
this section shall be allowed to the person who on the
credit allowance date holds the instrument evidencing
the entitlement to the credit and not to the holder of
the bond.
``(B) Certain rules to apply.--In the case of a
separation described in subparagraph (A), the rules of
section 1286 shall apply to the Residential Solar
Energy Bond as if it were a stripped bond and to the
credit under this section as if it were a stripped
coupon.
``(3) Treatment for estimated tax purposes.--Solely for
purposes of sections 6654 and 6655, the credit allowed by this
section to a taxpayer by reason of holding a Residential Solar
Energy Bond on a credit allowance date shall be treated as if
it were a payment of estimated tax made by the taxpayer on such
date.
``(4) Credit may be transferred.--Nothing in any law or
rule of law shall be construed to limit the transferability of
the credit allowed by this section through sale and repurchase
agreements.
``(5) Reporting.--Issuers of Residential Solar Energy Bonds
shall submit reports similar to the reports required under
section 149(e).
``(j) Recapture of Portion of Credit Where Cessation of Qualified
Use.--
``(1) In general.--If any bond which when issued purported
to be a Residential Solar Energy Bond ceases to meet the
requirements of subsection (c), the issuer shall pay to the
United States (at the time required by the Secretary) an amount
equal to the aggregate of the credits allowable under this
section (determined without regard to subsection (e)) for
taxable years ending during the calendar year in which such
cessation occurs and the 2 preceding calendar years.
``(2) Failure to pay.--If the issuer fails to timely pay
the amount required by paragraph (1) with respect to any issue,
the tax imposed by this chapter on each holder of any bond
which is part of such issue shall be increased (for the taxable
year of the holder in which such cessation occurs) by the
aggregate decrease in the credits allowed under this section to
such holder for taxable years beginning in such 3 calendar
years which would have resulted solely from denying any credit
under this section with respect to such issue for such taxable
years.
``(3) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (2) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under paragraph (2) shall not be treated as a tax
imposed by this chapter for purposes of determining--
``(i) the amount of any credit allowable
under this part, or
``(ii) the amount of the tax imposed by
section 55.''
(b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
``(8) Reporting of credit on residential solar energy
bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 30B(g) and such amounts
shall be treated as paid on the credit allowance date
(as defined in section 30B(f)(1)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''
(c) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30B. Credit to holders of
Residential Solar Energy
Bonds.''
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2001.
(e) Guidelines for Applications.--Not later than January 1, 2002,
guidelines specifying the criteria to be used in approving applications
under section 30B(d)(3) of the Internal Revenue Code of 1986 (as added
by this Act) shall be developed and published by the Secretary of
Energy in the Federal Register. | Residential Solar Energy Act of 2001 - Amends the Internal Revenue Code to allow a credit, as specified, to holders of residential solar energy bonds. Defines such bonds. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an interest-free source of capital to cover the costs of installing residential solar energy equipment."} | 2,990 | 39 | 0.61 | 1.346637 | 0.56969 | 3.78125 | 87.4375 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Physician Workforce
Improvement Act of 1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Institute of Medicine, the Alliance for Aging
Research, the National Institute on Aging, and the Council on
Graduate Medical Education have reported that there is a
critical shortage of certified geriatricians.
(2) The average total educational debt that a physician who
completes required training including a fellowship in geriatric
medicine or geriatric psychiatry in order to become a certified
geriatrician exceeds $75,000, and the current reimbursement
policy for these physicians creates significant financial
disincentives to entering the practice of geriatric medicine
and geriatric psychiatry.
(3) It is essential that physicians that provide clinical
services to elderly individuals be trained in the range of
settings in which medical care is delivered in order to provide
those services appropriately.
SEC. 3. GRADUATE MEDICAL EDUCATION FUNDING.
(a) In General.--Section 1886(h)(4) of the Social Security Act (42
U.S.C. 1395ww(h)(4)) is amended by adding at the end the following:
``(I) Geriatric programs.--
``(i) In general.--The rules established
under this paragraph shall specify that a
resident that is enrolled in a fellowship in
geriatric medicine or geriatric psychiatry
within an approved medical residency training
program shall be, for the computation of the
number of full-time-equivalent residents in an
approved medical residency training program,
counted 2 times for the period such resident is
enrolled in such fellowship.
``(ii) Limitation.--The number of residents
that are counted 2 times for the computation of
the number of full-time-equivalent residents in
an approved medical residency training program
under clause (i) shall not exceed 400 in any
calendar year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to cost reporting periods beginning on or after the date of
enactment of this Act.
SEC. 4. DEMONSTRATION PROJECTS TO INCREASE THE NUMBER OF GERIATRICIANS.
(a) Definitions.--In this section:
(1) Geriatric training consortium.--The term ``geriatric
training consortium'' means a State, regional, or local entity
that--
(A) is developed and supported by an accredited
geriatric training program;
(B) consists of--
(i) a teaching hospital;
(ii) a skilled nursing facility; and
(iii) an ambulatory care or community-based
facility, such as a community clinic, a day
treatment program, a hospice program, a managed
care organization, or a rehabilitation
facility; and
(C) is organized for--
(i) the training of residents enrolled in
formal postgraduate training programs in
geriatric medicine or geriatric psychiatry; and
(ii) the provision of appropriate training
experiences in the care of elderly individuals
to residents in primary care disciplines and
other health professionals.
(2) Primary care.--The term ``primary care'' means family
medicine, general internal medicine, general pediatrics,
preventive medicine, geriatric medicine, and osteopathic
general practice.
(3) Resident.--The term ``resident'' has the meaning given
such term in section 1886(h)(5)(I) of the Social Security Act
(42 U.S.C. 1395ww(h)(5)(I)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Demonstration Projects.--
(1) Authority.--The Secretary, through geriatric training
consortia, shall establish and conduct 5 demonstration projects
to increase the number of certified geriatricians that are
appropriately trained to provide items and services to
beneficiaries under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) in a range of patient settings. In
conducting demonstration projects under this section, the
Secretary shall make payments for the indirect costs of medical
education and the direct graduate medical education costs
relating to the training of residents to the geriatric training
consortia carrying out the projects.
(2) Application.--Any geriatric training consortium seeking
to conduct a demonstration project under this section shall
submit to the Secretary an application at such time, in such
form and manner, and containing such information as the
Secretary may require.
(c) Waiver Authority.--The Secretary may waive compliance with any
requirement of titles XI, XVIII, and XIX of the Social Security Act (42
U.S.C. 1301 et seq., 1395 et seq., 1396 et seq.) which, if applied,
would prevent a demonstration project carried out under this section
from effectively achieving the purpose of the project.
(d) Annual Report to Congress.--
(1) In general.--Beginning 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report that evaluates the
effectiveness of the demonstration projects conducted under
this section and that contains any legislative recommendations
determined appropriate by the Secretary.
(2) Continuation or replication of demonstration
projects.--Beginning 3 years after the date of enactment of
this Act, the report required under paragraph (1) shall include
recommendations regarding whether the demonstration projects
conducted under this section should be continued and whether
broad replication of the project should be initiated.
(e) Duration.--A demonstration project under this section shall be
conducted for a period of not more than 5 years. The Secretary may
terminate a project if the Secretary determines that the consortium
conducting the project is not in substantial compliance with the terms
of the application approved by the Secretary.
(f) Funding.--
(1) In general.--The Secretary shall provide for the
transfer from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Insurance Trust Fund under sections 1817
and 1841 of title XVIII of the Social Security Act (42 U.S.C.
1395i, 1395t), in such proportions as the Secretary determines
to be appropriate, of such funds as are necessary for the costs
of carrying out the demonstration projects under this section.
(2) Limitation.--
(A) In general.--With respect to any year that a
demonstration project is conducted under this section,
the total amount paid to such a demonstration project
shall not exceed the lessor of--
(i) an amount described in subparagraph
(B); or
(ii) $1,000,000.
(B) Amount described.--An amount described in this
subparagraph is an amount equal to the number of
geriatric fellows enrolled in a geriatric training
consortium for that year multiplied by the amount that
the hospital that is part of that geriatric training
consortium conducting the demonstration project
received under the medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) for
the indirect costs of medical education and for direct
graduate medical education costs for each full-time-
equivalent resident during the hospital's most recent
cost reporting period, determined without regard to
section 1886(h)(4)(I) of that Act (42 U.S.C.
1395ww(h)(4)(I)) (as added by section 3), and
determined as of the date the Secretary appropriates
the funds for the demonstration project for that year. | Directs the Secretary of Health and Human Services to establish and conduct a limited number of demonstration projects to increase the number of certified geriatricians who are appropriately trained to provide items and services to beneficiaries under the Medicare program in a range of patient settings. Directs the Secretary to make annual reports to the Congress on such projects. | {"src": "billsum_train", "title": "Medicare Physician Workforce Improvement Act of 1999"} | 1,713 | 70 | 0.516451 | 1.2532 | 0.312919 | 3.983607 | 23.42623 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Serving Institution Digital
and Wireless Technology Opportunity Act of 2003''.
SEC. 2. ESTABLISHMENT OF OFFICE.
(a) In General.--There is established within the National Science
Foundation an Office of Minority Serving Institution Digital and
Wireless Technology to carry out the provisions of this Act.
(b) Purpose.--The Office shall--
(1) strengthen the ability of eligible institutions to
provide capacity for instruction in digital and wireless
network technologies by providing grants to, or executing
contracts or cooperative agreements with, those institutions to
provide such instruction; and
(2) strengthen the national digital and wireless
infrastructure by increasing national investment in
telecommunications and technology infrastructure at eligible
institutions.
SEC. 3. ACTIVITIES SUPPORTED.
An eligible institution shall use a grant, contract, or cooperative
agreement awarded under this Act--
(1) to acquire the equipment, instrumentation, networking
capability, hardware and software, digital network technology,
wireless technology, and infrastructure;
(2) to develop and provide educational services, including
faculty development, related to science, mathematics,
engineering, or technology;
(3) to provide teacher education, library and media
specialist training, and preschool and teacher aid
certification to individuals who seek to acquire or enhance
technology skills in order to use technology in the classroom
or instructional process;
(4) to implement joint projects and consortia to provide
education regarding technology in the classroom with a State or
State education agency, local education agency, community-based
organization, national non-profit organization, or business,
including minority businesses;
(5) to provide professional development in science,
mathematics, engineering, or technology to administrators and
faculty of eligible institutions with institutional
responsibility for technology education;
(6) to provide capacity-building technical assistance to
eligible institutions through remote technical support,
technical assistance workshops, distance learning, new
technologies, and other technological applications;
(7) to foster the use of information communications
technology to increase scientific, mathematical, engineering,
and technology instruction and research; and
(8) to develop proposals to be submitted under this Act and
to develop strategic plans for information technology
investments.
SEC. 4. APPLICATION AND REVIEW PROCEDURE.
(a) In General.--To be eligible to receive a grant, contract, or
cooperative agreement under this Act, an eligible institution shall
submit an application to the Director at such time, in such manner, and
accompanied by such information as the Director may reasonably require.
The Director, in consultation with the advisory council established
under subsection (b), shall establish a procedure by which to accept
and review such applications and publish an announcement of such
procedure, including a statement regarding the availability of funds,
in the Federal Register.
(b) Advisory Council.--The Director shall establish an advisory
council to advise the Director on the best approaches for involving
eligible institutions in the activities described in section 3, and for
reviewing and evaluating proposals submitted to the program. In
selecting the members of the advisory council, the Director may consult
with representatives of appropriate organizations, including
representatives of eligible institutions, to ensure that the membership
of the advisory council reflects participation by technology and
telecommunications institutions, minority businesses, eligible
institution communities, Federal agency personnel, and other
individuals who are knowledgeable about eligible institutions and
technology issues. Any panel assembled to review a proposal submitted
to the program shall include members from minority serving
institutions. Program review criteria shall include consideration of--
(1) demonstrated need for assistance under this Act; and
(2) diversity among the types of institutions receiving
assistance under this Act.
(c) Data Collection.--An eligible institution that receives a
grant, contract, or cooperative agreement under section 2 shall provide
the Office with any relevant institutional statistical or demographic
data requested by the Office.
(d) Information Dissemination.--The Director shall convene an
annual meeting of eligible institutions receiving grants, contracts, or
cooperative agreements under section 2 for the purposes of--
(1) fostering collaboration and capacity-building
activities among eligible institutions; and
(2) disseminating information and ideas generated by such
meetings.
SEC. 5. MATCHING REQUIREMENT.
The Director may not award a grant, contract, or cooperative
agreement to an eligible institution under this Act unless such
institution agrees that, with respect to the costs to be incurred by
the institution in carrying out the program for which the grant,
contract, or cooperative agreement was awarded, such institution will
make available (directly or through donations from public or private
entities) non-Federal contributions in an amount equal to \1/4\ of the
amount of the grant, contract, or cooperative agreement awarded by the
Director, or $500,000, whichever is the lesser amount. The Director
shall waive the matching requirement for any institution or consortium
with no endowment, or an endowment that has a current dollar value
lower than $50,000,000.
SEC. 6. LIMITATIONS.
(a) In General.--An eligible institution that receives a grant,
contract, or cooperative agreement under this Act that exceeds
$2,500,000, shall not be eligible to receive another grant, contract,
or cooperative agreement under this Act until every other eligible
institution that has applied for a grant, contract, or cooperative
agreement under this Act has received such a grant, contract, or
cooperative.
(b) Awards Administered by Eligible Institution.--Each grant,
contract, or cooperative agreement awarded under this Act shall be made
to, and administered by, an eligible institution, even when it is
awarded for the implementation of a consortium or joint project.
SEC. 7. ANNUAL REPORT AND EVALUATION.
(a) Annual Report Required From Recipients.--Each institution that
receives a grant, contract, or cooperative agreement under this Act
shall provide an annual report to the Director on its use of the grant,
contract, or cooperative agreement.
(b) Evaluation by Director.--The Director, in consultation with the
Secretary of Education, shall--
(1) review the reports provided under subsection (a) each
year; and
(2) evaluate the program authorized by section 3 on the
basis of those reports every 2 years.
(c) Contents of Evaluation.--The Director, in the evaluation, shall
describe the activities undertaken by those institutions and shall
assess the short-range and long-range impact of activities carried out
under the grant, contract, or cooperative agreement on the students,
faculty, and staff of the institutions.
(d) Report to Congress.--The Director shall submit a report to the
Congress based on the evaluation. In the report, the Director shall
include such recommendations, including recommendations concerning the
continuing need for Federal support of the program, as may be
appropriate.
SEC. 8. DEFINITIONS.
In this Act:
(1) Eligible institution.--The term ``eligible
institution'' means an institution that is--
(A) a historically Black college or university that
is a part B institution, as defined in section 322(2)
of the Higher Education Act of 1965 (20 U.S.C.
1061(2)), an institution described in section
326(e)(1)(A), (B), or (C) of that Act (20 U.S.C.
1063b(e)(1)(A), (B), or (C)), or a consortium of
institutions described in this subparagraph;
(B) a Hispanic-serving institution, as defined in
section 502(a)(5) of the Higher Education Act of 1965
(20 U.S.C. 1101a(a)(5));
(C) a tribally controlled college or university, as
defined in section 316(b)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)(3));
(D) an Alaska Native-serving institution under
section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b));
(E) a Native Hawaiian-serving institution under
section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b)); or
(F) an institution determined by the Director, in
consultation with the Secretary of Education, to have
enrolled a substantial number of minority, low-income
students during the previous academic year who received
assistance under subpart I of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a et seq.)
for that year.
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) Minority business.--The term ``minority business''
includes HUBZone small business concerns (as defined in section
3(p) of the Small Business Act (15 U.S.C. 632(p)).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director of the
National Science Foundation $250,000,000 for each of the fiscal years
2004 through 2008 to carry out this Act.
Passed the Senate April 30, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2003 - Establishes within the National Science Foundation (NSF) an Office of Minority Serving Institution Digital and Wireless Technology to: (1) award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions.Requires the NSF Director to establish an advisory council on the best approaches for involving eligible institutions in supported activities and for reviewing and evaluating submitted proposals. Requires the council to include members from minority serving institutions.Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement.Prohibits an institution that receives assistance exceeding $2.5 million from receiving further assistance until every other eligible institution has received assistance under this Act.Requires each institution receiving such assistance to report annually to the Director on its use of such assistance. Requires the Director to review such reports, evaluate such assistance program, and report recommendations to Congress, including recommendations on the continuing need for Federal support of the program.Authorizes appropriations for FY 2004 through 2008. | {"src": "billsum_train", "title": "A bill to establish a digital and wireless network technology program, and for other purposes."} | 1,947 | 328 | 0.666296 | 2.024907 | 0.820354 | 3.62543 | 6.285223 | 0.931271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combatting Illegal College and
University Gambling Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) illegal gambling on college sports is a serious
national problem;
(2) illegal gambling by college students and other underage
persons, particularly on sports, is a serious national problem
that warrants effective national countermeasures to combat it;
(3) recent scientific reports suggest a very high incidence
of illegal gambling among college students, on college sporting
events;
(4) illegal student bookies are present at every collegiate
institution;
(5) there is evidence that illegal sports gambling,
including that conducted on college and university campuses
through illegal student bookies, is linked to organized crime
and is a major source of revenue for organized crime
operations;
(6) the FBI estimates that close to $2,500,000,000 is
wagered illegally on the National Collegiate Athletic
Association Division I Men's Basketball Tournament each year;
(7) in Nevada, the only State where such sports betting is
legal, the 1998 National Collegiate Athletic Association
Division I Men's Basketball Tournament saw approximately
$80,000,000 wagered with Nevada's regulated sports books, or
only three percent of that wagered illegally elsewhere;
(8) there are no comprehensive studies available that
analyze the prevalence of illegal gambling on college sports;
(9) the National Gambling Impact Study Commission (NGISC)
(as authorized under Public Law 104-169) was expressly limited
by its statutory charter to a study of legal gambling but did
recommend that the role of illegal sports gambling be examined
in future gambling related research including research by
agencies of the Department of Justice;
(10) the issue of illegal gambling on college sports is
still largely overlooked by college administrators;
(11) there needs to be comprehensive gambling education
programs conducted on each campus that target all students as
recommended by the NGISC;
(12) illegal gambling on college sports will continue to
flourish throughout the United States unless a strong effort is
made to enforce State and Federal laws prohibiting such
activity;
(13) in order to combat illegal gambling on college sports
in this country, law enforcement must ensure that compliance
with Federal and State laws is a high priority; and
(14) absent meaningful countermeasures, including
implementation of more effective student awareness and
education campaigns, illegal gambling on college sports will
continue to be a problem on college and university campuses
across the United States.
SEC. 3. STUDY OF GAMBLING ON COLLEGE AND UNIVERSITY CAMPUSES.
(a) Establishment of Panel.--Not later than 90 days after the date
of enactment of this Act, the Attorney General shall establish a panel,
which shall be composed of Federal, State, and local government law
enforcement officials, to conduct a study of illegal college sports
gambling.
(b) Contents of Study.--The study conducted by the panel
established under subsection (a) shall include an analysis of--
(1) the scope and prevalence of illegal college sports
gambling, including unlawful sports gambling (as defined in
section 3702 of title 28, United States Code);
(2) the role of organized crime in illegal gambling on
college sports;
(3) the role of State regulators and the legal sports books
in Nevada in assisting law enforcement to uncover illegal
sports gambling and related illegal activities;
(4) the enforcement and implementation of the Professional
and Amateur Sports Protection Act of 1992, including whether it
has been adequately enforced;
(5) the effectiveness of steps taken by institutions of
higher education to date, whether individually or through
national organizations, to reduce the problem of illegal
gambling on college sports;
(6) the factors that influence the attitudes or levels of
awareness of administrators, professors, and students,
including student athletes, about illegal gambling on college
sports;
(7) the effectiveness of new countermeasures to reduce
illegal gambling on college sports, including related
requirements for institutions of higher education and persons
receiving Federal education funds;
(8) potential actions that could be taken by the National
Collegiate Athletic Association to address illegal gambling on
college and university campuses; and
(9) other matters relevant to the issue of illegal gambling
on college sports as determined by the Attorney General.
SEC. 4. REPORT TO CONGRESS.
Not later than 12 months after the establishment of the panel, the
Attorney General shall submit to Congress a report on the study
conducted under section 3, which shall include--
(1) recommendations for actions colleges, universities, and
the National Collegiate Athletic Association should implement
to address the issue of illegal gambling on college sports;
(2) recommendations for intensive educational campaigns
which the National Collegiate Athletic Association could
implement to assist in the effort to prevent illegal gambling
on college sports;
(3) recommendations for any Federal and State legislative
actions to address the issue of illegal gambling on college
sports; and
(4) recommendations for any administrative or private
sector actions to address the issue of illegal gambling on
college sports. | (Sec. 4) Directs the Attorney General to submit to Congress a report on the study, including recommendations for: (1) Federal and State legislative actions, administrative or private sector actions, and actions by colleges, universities, and the NCAA to address the issue; and (2) intensive educational campaigns by the NCAA to assist in the effort to prevent illegal gambling on college sports. | {"src": "billsum_train", "title": "Combatting Illegal College and University Gambling Act"} | 1,014 | 77 | 0.598619 | 1.492681 | 1.140557 | 3.921053 | 13.75 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atlantic Striped Bass Conservation
Act Amendments of 1997''.
SEC. 2. REAUTHORIZATION AND AMENDMENT OF ATLANTIC STRIPED BASS
CONSERVATION ACT.
The Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is
amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Atlantic Striped Bass Conservation
Act'.
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds and declares the following:
``(1) Atlantic striped bass are of historic commercial and
recreational importance and economic benefit to the Atlantic
coastal States and to the Nation.
``(2) No single government entity has full management authority
throughout the range of the Atlantic striped bass.
``(3) The population of Atlantic striped bass--
``(A) has been subject to large fluctuations due to natural
causes, fishing pressure, environmental pollution, loss and
alteration of habitat, inadequacy of fisheries conservation and
management practices, and other causes; and
``(B) risks potential depletion in the future without
effective monitoring and conservation and management measures.
``(4) It is in the national interest to implement effective
procedures and measures to provide for effective
interjurisdictional conservation and management of this species.
``(b) Purpose.--It is therefore declared to be the purpose of the
Congress in this Act to support and encourage the development,
implementation, and enforcement of effective interstate action
regarding the conservation and management of the Atlantic striped bass.
``SEC. 3. DEFINITIONS.
``As used in this Act--
``(1) the term `Magnuson Act' means the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
``(2) The term `Atlantic striped bass' means members of stocks
or populations of the species Morone saxatilis, which ordinarily
migrate seaward of the waters described in paragraph (3)(A)(i).
``(3) The term `coastal waters' means--
``(A) for each coastal State referred to in paragraph
(4)(A)--
``(i) all waters, whether salt or fresh, of the coastal
State shoreward of the baseline from which the territorial
sea of the United States is measured; and
``(ii) the waters of the coastal State seaward from the
baseline referred to in clause (i) to the inner boundary of
the exclusive economic zone;
``(B) for the District of Columbia, those waters within its
jurisdiction; and
``(C) for the Potomac River Fisheries Commission, those
waters of the Potomac River within the boundaries established
by the Potomac River Compact of 1958.
``(4) The term `coastal State' means--
``(A) Pennsylvania and each State of the United States
bordering on the Atlantic Ocean north of the State of South
Carolina;
``(B) the District of Columbia; and
``(C) the Potomac River Fisheries Commission established by
the Potomac River Compact of 1958.
``(5) The term `Commission' means the Atlantic States Marine
Fisheries Commission established under the interstate compact
consented to and approved by the Congress in Public Laws 77-539 and
81-721.
``(6) The term `exclusive economic zone' has the meaning given
such term in section 3(6) of the Magnuson Act (16 U.S.C. 1802(6)).
``(7) The term `fishing' means--
``(A) the catching, taking, or harvesting of Atlantic
striped bass, except when incidental to harvesting that occurs
in the course of commercial or recreational fish catching
activities directed at a species other than Atlantic striped
bass;
``(B) the attempted catching, taking, or harvesting of
Atlantic striped bass; and
``(C) any operation at sea in support of, or in preparation
for, any activity described in subparagraph (A) or (B).
The term does not include any scientific research authorized by the
Federal Government or by any State government.
``(8) The term `moratorium area' means the coastal waters with
respect to which a declaration under section 5(a) applies.
``(9) The term `moratorium period' means the period beginning
on the day on which moratorium is declared under section 5(a)
regarding a coastal State and ending on the day on which the
Commission notifies the Secretaries that that State has taken
appropriate remedial action with respect to those matters that were
the case of the moratorium being declared.
``(10) The term `Plan' means a plan for managing Atlantic
striped bass, or an amendment to such plan, that is prepared and
adopted by the Commission.
``(11) The term `Secretary' means the Secretary of Commerce or
a designee of the Secretary of Commerce.
``(12) The term `Secretaries' means the Secretary of Commerce
and the Secretary of the Interior or their designees.
``SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY COASTAL
STATES.
``(a) Determination.--During December of each fiscal year, and at
any other time it deems necessary the Commission shall determine--
``(1) whether each coastal State has adopted all regulatory
measures necessary to fully implement the Plan in its coastal
waters; and
``(2) whether the enforcement of the Plan by each coastal State
is satisfactory.
``(b) Satisfactory State Enforcement.--For purposes of subsection
(a)(2), enforcement by a coastal State shall not be considered
satisfactory by the Commission if, in its view, the enforcement is
being carried out in such a manner that the implementation of the Plan
within the coastal waters of the State is being, or will likely be,
substantially and adversely affected.
``(c) Notification of Secretaries.--The Commission shall
immediately notify the Secretaries of each negative determination made
by it under subsection (a).
``SEC. 5. MORATORIUM.
``(a) Secretarial Action After Notification.--Upon receiving notice
from the Commission under section 4(c) of a negative determination
regarding a coastal State, the Secretaries shall determine jointly,
within 30 days, whether that coastal State is in compliance with the
Plan and, if the State is not in compliance, the Secretaries shall
declare jointly a moratorium on fishing for Atlantic striped bass
within the coastal waters of that coastal State. In making such a
determination, the Secretaries shall carefully consider and review the
comments of the Commission and that coastal State in question.
``(b) Prohibited Acts During Moratorium.--During a moratorium
period, it is unlawful for any person--
``(1) to engage in fishing within the moratorium area;
``(2) to land, or attempt to land, Atlantic striped bass that
are caught, taken, or harvested in violation of paragraph (1);
``(3) to land lawfully harvested Atlantic striped bass within
the boundaries of a coastal State when a moratorium declared under
subsection (a) applies to that State; or
``(4) to fail to return to the water Atlantic striped bass to
which the moratorium applies that are caught incidental to
harvesting that occurs in the course of commercial or recreational
fish catching activities, regardless of the physical condition of
the striped bass when caught.
``(c) Civil Penalties.--
``(1) Civil penalty.--Any person who commits any act that is
unlawful under subsection (b) shall be liable to the United States
for a civil penalty as provided by section 308 of the Magnuson Act
(16 U.S.C. 1858).
``(2) Civil forfeitures.--
``(A) In general.--Any vessel (including its gear,
equipment, appurtenances, stores, and cargo) used, and any fish
(or the fair market value thereof) taken or retained, in any
manner, in connection with, or as the result of, the commission
of any act that is unlawful under subsection (b) shall be
subject to forfeiture to the United States as provided in
section 310 of the Magnuson Act (16 U.S.C. 1860).
``(B) Disposal of fish.--Any fish seized pursuant to this
Act may be disposed of pursuant to the order of a court of
competent jurisdiction, or, if perishable, in a manner
prescribed in regulations.
``(d) Enforcement.--A person authorized by the Secretaries or the
Secretary of the department in which the Coast Guard is operating may
take any action to enforce a moratorium declared under subsection (a)
that an officer authorized by the Secretary under section 311(b) of the
Magnuson Act (16 U.S.C. 1861(b)) may take to enforce that Act (16
U.S.C. 1801 et seq.). The Secretaries may, by agreement, on a
reimbursable basis or otherwise, utilize the personnel, services,
equipment (including aircraft and vessels), and facilities of any other
Federal department or agency and of any agency of a State in carrying
out that enforcement.
``(e) Regulations.--The Secretaries may issue regulations to
implement this section.
``SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPULATIONS.
``(a) In General.--For the purposes of carrying out this Act, the
Secretaries shall conduct continuing, comprehensive studies of Atlantic
striped bass stocks. These studies shall include, but shall not be
limited to, the following:
``(1) Annual stock assessments, using fishery-dependent and
fishery-independent data, for the purposes of extending the long-
term population record generated by the annual striped bass study
conducted by the Secretaries before 1994 and understanding the
population dynamics of Atlantic striped bass.
``(2) Investigations of the causes of fluctuations in Atlantic
striped bass populations.
``(3) Investigations of the effects of water quality, land use,
and other environmental factors on the recruitment, spawning
potential, mortality, and abundance of Atlantic striped bass
populations, including the Delaware River population.
``(4) Investigations of--
``(A) the interactions between Atlantic striped bass and
other fish, including bluefish, menhaden, mackerel, and other
forage fish or possible competitors, stock assessments of these
species, to the extent appropriate; and
``(B) the effects of interspecies predation and competition
on the recruitment, spawning potential mortality, and abundance
of Atlantic striped bass.
``(b) Socio-Economic Study.--The Secretaries, in consultation with
with the Atlantic States Marine Fisheries Commission, shall conduct a
study of the socio-economic benefits of the Atlantic striped bass
resource. The Secretaries shall issue a report to the Congress
concerning the findings of this study no later than September 30, 1998.
``(c) Reports.--The Secretaries shall make biennial reports to the
Congress and to the Commission concerning the progress and findings of
studies conducted under subsection (a) and shall make those reports
public. Such reports shall, to the extent appropriate, contain
recommendations of actions which could be taken to encourage the
sustainable management of Atlantic striped bass.
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.
``(a) Authorization.--For each of fiscal years 1998, 1999, and
2000, there are authorized to be appropriated to carry out this Act--
``(1) $800,000 to the Secretary of Commerce; and
``(2) $250,000 to the Secretary of the Interior.
``(b) Cooperative Agreements.--The Secretaries may enter into
cooperative agreements with the Atlantic States Marine Fisheries
Commission or with States, for the purpose of using amounts
appropriated pursuant to this section to provide financial assistance
for carrying out the purposes of this Act.
``SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MANAGEMENT PLANS AND
AMENDMENTS.
``(a) Standards and Procedures.--In order to ensure the opportunity
for public participation in the preparation of management plans and
amendments to management plans for Atlantic striped bass, the
Commission shall prepare such plans and amendments in accordance with
the standards and procedures established under section 805(a)(2) of the
Atlantic Coastal Fisheries Cooperative Management Act.
``(b) Application.--Subsection (a) shall apply to management plans
and amendments adopted by the Commission after the 6-month period
beginning on the date of enactment of the Atlantic Striped Bass
Conservation Act Amendments of 1997.
``SEC. 9. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE ECONOMIC ZONE.
``(a) Regulation of Fishing in Exclusive Economic Zone.--The
Secretary shall promulgate regulations governing fishing for Atlantic
striped bass in the exclusive economic zone that the Secretary
determines--
``(1) are consistent with the national standards set forth in
section 301 of the Magnuson Act (16 U.S.C. 1851);
``(2) are compatible with the Plan and each Federal moratorium
in effect on fishing for Atlantic striped bass within the coastal
waters of a coastal State;
``(3) ensure the effectiveness of State regulations on fishing
for Atlantic striped bass within the coastal waters of a coastal
State; and
``(4) are sufficient to assure the long-term conservation of
Atlantic striped bass populations.
``(b) Consultation; Periodic Review of Regulations.--In preparing
regulations under subsection (a), the Secretary shall consult with the
Atlantic States Marine Fisheries Commission, the appropriate Regional
Fishery Management Councils, and each affected Federal, State, and
local government entity. The Secretary shall periodically review
regulations promulgated under subsection (a), and if necessary to
ensure their continued consistency with the requirements of subsection
(a), shall amend those regulations.
``(c) Applicability of Magnuson Act Provisions.--The provisions of
sections 307, 308, 309, 310, and 311 of the Magnuson Act (16 U.S.C.
1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil
penalties, criminal offenses, civil forfeitures, and enforcement shall
apply with respect to regulations and any plan issued under subsection
(a) of this section as if such regulations or plan were issued under
the Magnuson Act.''.
SEC. 3. REPEALS.
(a) Anadromous Fish Conservation Act.--Section 7 of the Anadromous
Fish Conservation Act (16 U.S.C. 757g) is repealed.
(b) Albemarle Sound-Roanoke River Basin.--Section 5 of the Act
entitled ``An Act to authorize appropriations to carry out the Atlantic
Striped Bass Conservation Act for fiscal years 1989 through 1991, and
for other purposes'', approved November 3, 1988 (16 U.S.C. 1851 note;
102 Stat. 2984), relating to studies of the Albermarle Sound-Roanoke
River Basin striped bass stock, is repealed.
(c) Regulation of Fishing in Exclusive Economic Zone.--Section 6 of
the Act entitled ``An Act to authorize appropriations to carry out the
Atlantic Striped Bass Conservation Act for fiscal years 1989 through
1991, and for other purposes'', approved November 3, 1988 (16 U.S.C.
1851 note; 102 Stat. 2986) is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Atlantic Striped Bass Conservation Act Amendments of 1997 - Amends the Atlantic Striped Bass Conservation Act to replace the existing Act with provisions requiring a moratorium on fishing for Atlantic striped bass in the coastal waters of a State that the Atlantic States Marine Fisheries Commission and the Secretaries of Commerce and the Interior determine is not complying with the Commission's plan for managing Atlantic striped bass. Provides for civil penalties and forfeiture of vessels, gear, and fish for violations of the moratorium. Mandates continuing, comprehensive studies of Atlantic striped bass stocks and a study of the socio-economic benefits of the Atlantic striped bass resource. Authorizes appropriations to carry out the Act. Authorizes cooperative agreements between the Secretaries and the Commission or States to use amounts appropriated under the Act. Requires the Commission to prepare such management plans in accordance with standards and procedures of the Atlantic Coastal Fisheries Cooperative Management Act relating to the preparation of coastal fishery management plans. Mandates regulations governing fishing for Atlantic striped bass in the Exclusive Economic Zone that are consistent with the national standards in the Magnuson-Stevens Fishery Conservation and Management Act, ensure the effectiveness of State regulations on fishing for Atlantic striped bass in the coastal waters of a coastal State, and meet other requirements. Applies provisions of that Act regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement concerning regulations and any plan issued under this paragraph. Repeals provisions of the Anadromous Fish Conservation Act relating to studies of the anadromous stocks of Atlantic striped bass. Repeals provisions of Federal law relating to a study of the striped bass fishery resources and habitats of the Albemarle Sound-Roanoke River basin area. Repeals provisions of Federal law relating to regulations governing the fishing for Atlantic striped bass in the Exclusive Economic Zone. | {"src": "billsum_train", "title": "Atlantic Striped Bass Conservation Act Amendments of 1997"} | 3,517 | 414 | 0.621487 | 1.895789 | 0.735038 | 3.836858 | 9.44713 | 0.936556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Emergency Management Agency
Buy American Compliance Act''.
SEC. 2. APPLICABILITY OF BUY AMERICAN REQUIREMENTS TO FEMA ASSISTANCE.
(a) Definitions.--In this Act:
(1) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
(2) Agreement.--The term ``Agreement'' has the meaning
given the term in section 308 of the Trade Agreements Act of
1979 (19 U.S.C. 2518).
(3) Director.--The term ``Director'' means the Director of
the Federal Emergency Management Agency.
(4) Domestic product.--The term ``domestic product'' means
a product that is mined, produced, or manufactured in the
United States.
(5) Product.--The term ``product'' means--
(A) steel;
(B) iron; and
(C) any other article, material, or supply.
(b) Requirement To Use Domestic Products.--Except as provided in
subsection (c), the Director shall require, as a condition of any
financial assistance provided by the Agency on a nonemergency basis for
a construction project, that the construction project use only domestic
products.
(c) Waivers.--
(1) In general.--Except as provided in paragraph (2), the
requirements of subsection (b) shall not apply in any case in
which the Director determines that--
(A) the use of a domestic product would be
inconsistent with the public interest;
(B) a domestic product--
(i) is not produced in a sufficient and
reasonably available quantity; or
(ii) is not of a satisfactory quality; or
(C) the use of a domestic product would increase
the overall cost of the construction project by more
than 25 percent.
(2) Limitation on applicability of waivers with respect to
products produced in certain foreign countries.--A product of a
foreign country shall not be used in a construction project
under a waiver granted under paragraph (1) if the Director, in
consultation with the United States Trade Representative,
determines that--
(A) the foreign country is a signatory country to
the Agreement under which the head of an agency of the
United States waived the requirements of this section;
and
(B) the signatory country violated the Agreement
under section 305(f)(3)(A) of the Trade Agreements Act
of 1979 (19 U.S.C. 2515(f)(3)(A)) by discriminating
against a domestic product that is covered by the
Agreement.
(d) Calculation of Costs.--For the purposes of subsection
(c)(1)(C), any labor cost involved in the final assembly of a domestic
product shall not be included in the calculation of the cost of the
domestic product.
(e) State Requirements.--The Director shall not impose any
limitation or condition on assistance provided by the Agency that
restricts--
(1) any State from imposing more stringent requirements
than this section on the use of articles, materials, and
supplies mined, produced, or manufactured in foreign countries
in construction projects carried out with Agency assistance; or
(2) any recipient of Agency assistance from complying with
a State requirement described in paragraph (1).
(f) Report on Waivers.--The Director shall annually submit to
Congress a report on the purchases from countries other than the United
States that are waived under subsection (c)(1) (including the dollar
values of items for which waivers are granted under subsection (c)(1)).
(g) Intentional Violations.--
(1) In general.--A person described in paragraph (2) shall
be ineligible to enter into any contract or subcontract carried
out with financial assistance made available by the Agency in
accordance with the debarment, suspension, and ineligibility
procedures of subpart 9.4 of chapter 1 of title 48, Code of
Federal Regulations (or any successor regulation).
(2) Persons ineligible to receive contract or
subcontract.--A person referred to in paragraph (1) is any
person that a court of the United States or a Federal agency
determines--
(A) has affixed a label bearing a ``Made in
America'' inscription (or any inscription with the same
meaning) to any product that is not a domestic product
that--
(i) was used in a construction project to
which this section applies; or
(ii) was sold in or shipped to the United
States; or
(B) has represented that a product that is not a
domestic product, that was sold in or shipped to the
United States, and that was used in a construction
project to which this section applies, was produced in
the United States. | Provides authorized waivers of such requirement. Prohibits the application of the authorized waivers with respect to a product of a foreign country that is a signatory country to the Agreement on Government Procurement but that has violated such Agreement by discriminating against a covered U.S. product.
Prohibits the Director from imposing any assistance limitation that restricts more stringent State Buy American requirements.
Makes a person ineligible to enter into a contract or subcontract for a project carried out with financial assistance made available by the Agency if a U.S. court or agency has determined that such person has affixed a "Made in America" label to any product used in such a project, or otherwise has represented that a product was produced in the United States, when it was not. | {"src": "billsum_train", "title": "Federal Emergency Management Agency Buy American Compliance Act"} | 1,057 | 183 | 0.521868 | 1.630145 | 0.752687 | 2.057554 | 6.741007 | 0.834532 |
SECTION 1. INCREASED AVERAGE FUEL ECONOMY STANDARDS.
(a) Increased Standard.--Section 32902 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``At least'' and inserting ``(1) At
least'';
(B) by striking ``automobiles (except passenger
automobiles)'' and inserting ``non-passenger
automobiles'';
(C) by striking ``classes of automobiles'' and
inserting ``classes of non-passenger automobiles based
on vehicle attributes related to fuel economy''; and
(D) by adding at the end the following:
``(2) In prescribing average fuel economy standards under this
section, the Secretary shall ensure that the average fuel economy
standard for non-passenger automobiles manufactured by a manufacturer
for model year 2022 and subsequent model years shall be not less than
27.5 miles per gallon.'';
(2) by amending subsection (b) to read as follows:
``(b) Passenger Automobiles.--(1) At least 18 months before the
beginning of each model year, the Secretary shall prescribe by
regulation average fuel economy standards for passenger automobiles
manufactured by a manufacturer in that model year. Each standard shall
be the maximum feasible average fuel economy level that the Secretary
decides the manufacturers can achieve in that model year. The Secretary
may prescribe separate standards for different classes of passenger
automobiles based on vehicle attributes related to fuel economy.
``(2) In prescribing average fuel economy standards under this
section, the Secretary shall ensure that the average fuel economy
standard for passenger automobiles manufactured by a manufacturer for
model year 2022 and subsequent model years shall be not less than 35
miles per gallon.''; and
(3) by amending subsection (c) to read as follows:
``(c) Alternative Minimum Standard for Passenger Automobiles.--(1)
Notwithstanding any other provision of this section, for any model year
in which the Secretary prescribes average fuel economy standards for
passenger automobiles on the basis of vehicle attributes, the average
fuel economy standard for passenger automobiles manufactured by a
manufacturer in that model year shall also provide for an alternative
minimum standard that shall apply only to a manufacturer's domestically
manufactured passenger automobiles.
``(2) The alternative minimum standard referred to in paragraph (1)
shall be the greater of--
``(A) 27.5 miles per gallon; or
``(B) 92 percent of the average fuel economy projected by
the Secretary for the combined domestic and foreign fleets
manufactured for sale in the United States by all manufacturers
in that model year, which projection shall be published in the
Federal Register when the standard for that model year is
promulgated in accordance with this section.
``(3) The alternative minimum standard under this subsection shall
apply to a manufacturer's domestically manufactured passenger
automobiles only if the average fuel economy standard established for
passenger automobiles on the basis of vehicle attributes pursuant to
this section, excluding any credits transferred by the manufacturer
pursuant to section 32903(g) from other categories of automobiles
described in such section, would allow that manufacturer to comply with
a less stringent average fuel economy standard than the alternative
minimum standard.
``(4) If the Secretary prescribes standards for passenger
automobiles on the basis of vehicle attributes, the Secretary shall
provide a transition period during the first 3 model years in which an
attribute-based standard would apply during which each manufacturer may
elect whether to comply with the attribute-based standard or with the
single corporate average fuel economy level prescribed under subsection
(b).''.
(b) Effective Date and Transition From Existing Standards.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Transition for passenger automobiles.--The standard or
standards for passenger automobiles under the authority of
section 32902(b) of title 49, United States Code, in effect on
the day before the date of the enactment of this Act, shall
remain in effect until a standard for passenger automobiles is
prescribed pursuant to such section, as amended by this
section.
(c) Technical and Conforming Amendments.--Chapter 329 of title 49,
United States Code, is amended--
(1) in section 32901(a)--
(A) by redesignating paragraph (16) as paragraph
(17); and
(B) by inserting after paragraph (15) the
following:
``(16) `non-passenger automobile' means an automobile that
is not a passenger automobile; and'';
(2) in section 32902--
(A) in subsection (g)--
(i) in paragraph (1), by striking
``subsection (a) or (d)'' both places it
appears and inserting ``subsection (a), (b),
(c), or (d)''; and
(ii) in paragraph (2), by striking ``(and
submit the amendment to Congress when required
under subsection (c)(2) of this section)'';
(B) in subsection (h), by striking ``subsections
(c),'' and inserting ``subsections (b), (c)''; and
(C) in subsection (j), by striking ``subsection
(a),'' and inserting ``subsection (a), (b),'';
(3) in section 32903--
(A) by striking ``section 32902(b)-(d) of this
title'' each place it appears and inserting
``subsection (a) through (d) of section 32902'';
(B) in subsection (a)(2), by striking ``clause (1)
of this subsection'' and inserting ``paragraph (1)'';
and
(C) in subsection (e), by striking ``automobiles
that are not passenger automobiles'' and inserting
``non-passenger automobiles''; and
(4) in section 32909(b), by striking ``, except that a
petition for review'' and all that follows through ``referred
to in section 32902(c)(2)''.
SEC. 2. CREDIT TRANSFERRING WITHIN A MANUFACTURER'S FLEET.
Section 32903 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Credit Transferring Within a Manufacturer's Fleet.--(1) The
Secretary of Transportation shall establish by regulation a corporate
average fuel economy credit transferring program to allow any
manufacturer whose automobiles exceed any of the average fuel economy
standards prescribed under section 32902 to transfer the credits earned
under this section and to apply such credits within that manufacturer's
fleet to a compliance category of automobiles that fails to achieve the
prescribed standards.
``(2) Credits transferred under this subsection are available to be
used in the same model years that the manufacturer could have applied
such credits under subsections (a), (b), (d), and (e), as well as for
the model year in which the manufacturer earned such credits. The
maximum increase in any compliance category attributable to transferred
credits is 1.0 mile per gallon in any single model year.
``(3) In the case of transfers of credits to the category of
automobiles described in paragraph (5)(B)(i), the transfer is limited
to the extent that the fuel economy level of the manufacturer's fleet
of passenger automobiles manufactured domestically shall comply with
the provisions established under section 32902(c), excluding any
transfers from other categories of automobiles described in paragraph
(5)(B).
``(4) A credit transferred in conformance with this subsection may
only be so transferred if such credit is earned in model year 2010 or
any subsequent model year.
``(5) As used in this subsection--
``(A) the term `fleet' means all automobiles manufactured
by a manufacturer in a particular model year; and
``(B) the term `compliance category of automobiles' means
any of the 3 categories of automobiles for which compliance is
separately calculated under this chapter, namely--
``(i) passenger automobiles manufactured
domestically;
``(ii) passenger automobiles not manufactured
domestically; and
``(iii) non-passenger automobiles.''.
SEC. 3. FUEL CONSERVATION EDUCATION PROGRAM.
(a) Partnership.--The Secretary of Transportation shall enter into
a partnership with interested industry groups, including groups from
the automotive, gasoline refining, and oil industries, and groups
representing the public interest and consumers to establish a public
education campaign that provides information to United States drivers
about immediate measures that may be taken to conserve transportation
fuel.
(b) Accessibility.--The public information campaign under this
section shall be targeted to reach the widest audience possible. The
education campaign may include television, print, Internet website, or
any other method designed to maximize the dissemination of
transportation fuel savings information to drivers.
(c) Cost Sharing.--The Secretary shall provide no more than 50
percent of the cost of the campaign created under this section. The
Secretary is authorized to accept private funds to augment funds made
available under this subsection.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary to carry out this section. | Revises corporate average fuel economy standards (CAFE standards) provisions for non-passenger and passenger automobiles to: (1) provide for increased average fuel economy standards for non-passenger and passenger automobiles; (2) permit separate average fuel economy standards for non-passenger and passenger automobiles based on vehicle attributes related to fuel economy; and (3) establish a corporate average fuel economy credit transferring program within a manufacturer's fleet.
Provides for the establishment of a public education campaign to provide information to U.S. drivers about immediate measures that may be taken to conserve transportation fuel. | {"src": "billsum_train", "title": "To increase the corporate average fuel economy standards for automobiles, and for other purposes."} | 2,063 | 126 | 0.552201 | 1.336339 | 0.678743 | 3.736364 | 17.527273 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive National Mercury
Monitoring Program Establishment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Mercury is a potent neurotoxin of significant
ecological and public health concern. Exposure to mercury
occurs largely by consumption of contaminated fish. Children
and women of childbearing age who consume large amounts of fish
are at high risk of adverse effects. It is estimated that
200,000 to 400,000 children born each year in the United States
have been exposed to mercury levels in their mothers' wombs
high enough to impair neurological development. The Centers for
Disease Control and Prevention have found that eight percent of
the women in the United States of childbearing age have blood
mercury levels in excess of values deemed safe by the
Environmental Protection Agency.
(2) As of 2004, fish consumption advisories due to mercury
contamination have been issued for 44 States, including 21
statewide advisories for freshwaters and 12 statewide
advisories for coastal waters. These advisories represent more
than 52,000 square kilometers of lakes and 1,230,000 kilometers
of rivers. Yet, fish and shellfish are an important source of
dietary protein, and a healthy fishing resource is important to
the economy. The extent of fish consumption advisories
underscores the extensive human and ecological health risk
posed by mercury pollution.
(3) In most locations, the primary route for mercury input
to aquatic ecosystems is by atmospheric transport and
deposition. Mercury's interaction with the environment and
bioaccumulation in biota are not fully understood. Computer
models and other assessment tools predict varying effectiveness
in reducing mercury concentrations in fish, and no broad-scale
data sets exist to test model predictions.
(4) In September 2003, the Society of Environmental
Toxicology and Chemistry convened a workshop of 32 mercury
scientists to develop a system to measure and document changes
resulting from reductions in mercury emissions in the United
States. The resulting plan is documented in the book ``State of
Science for Mercury Effects: Assessment for Aquatic and
Terrestrial Environments'', published in 2007.
(5) On January 1, 2005, ``Monitoring the Response to
Changing Mercury Deposition'' was published in the periodical
Environmental Science and Technology. The article proposed a
``holistic, multimedia, long-term mercury monitoring program''.
(6) Many regulations limiting mercury emissions have either
gone into effect or will soon be enacted, but scientists are
not adequately measuring the environmental benefits of reduced
mercury emissions. As governments advance regulations,
governments should document whether their rules are effective.
(7) On May 15, 2006, the Office of Inspector General of the
Environmental Protection Agency issued a report entitled,
``Monitoring Needed to Assess Impact of EPA's Clean Air Mercury
Rule (CAMR) on Potential Hotspots'', Report No. 2006-P-0025,
which states, in part: ``Without field data from an improved
monitoring network, EPA's ability to advance mercury science
will be limited and `utility-attributable' hotspots that pose
health risks may occur and go undetected'' and ``We recommend
that EPA develop and implement a mercury monitoring plan to (1)
assess the impact of CAMR, if adopted, on mercury deposition
and fish tissue; and (2) evaluate and refine mercury estimation
tools and models''.
(8) On January 4, 2007, ``Contamination in Remote Forest
and Aquatic Ecosystems in the Northeastern U.S.: Sources,
Transformations and Management Options'' and ``Biological
Mercury Hotspots in the Northeastern U.S. and Southeastern
Canada'' were published in the journal BioScience. The authors
identified five biological mercury hotspots and nine areas of
concern in the northeastern United States and southeastern
Canada associated primarily with atmospheric mercury emissions
and deposition. They further located an area of particularly
high mercury deposition adjacent to a coal-fired electric
utility in southern New Hampshire. The authors of the studies
concluded that local impacts from mercury emissions should be
closely monitored in order to assess the impact of State and
Federal policies.
SEC. 3. MONITORING PROGRAM.
(a) Establishment.--The Administrator of the Environmental
Protection Agency, in consultation with the United States Fish and
Wildlife Service, the United States Geological Survey, the Forest
Service, the National Park Service, and the National Oceanic and
Atmospheric Administration, shall establish a national scale mercury
monitoring program. For purposes of such program, the Administrator of
the Environmental Protection Agency shall select multiple monitoring
sites in ecoregions of the United States.
(b) Air and Watershed.--The program under this section shall
monitor long-term changes in mercury levels in the air and watershed,
including--
(1) at locations selected under subsection (a) that the
Administrator of the Environmental Protection Agency determines
appropriate, measuring and recording wet mercury deposition;
(2) at a portion of such locations that the Administrator
of the Environmental Protection Agency determines is
appropriate, measuring and recording atmospheric mercury
speciation and estimates of the dry deposition of mercury;
(3) at a portion of such locations that the Administrator
of the Environmental Protection Agency determines is
appropriate, measuring and recording mercury flux and mercury
export; and
(4) measuring and recording the level of mercury re-emitted
from aquatic and terrestrial environments into the atmosphere.
(c) Water and Soil Chemistry.--The program under this section shall
monitor mercury levels in water and soil chemistry, including--
(1) at a portion of all locations selected under subsection
(a) that the Administrator of the Environmental Protection
Agency determines is appropriate, extracting and analyzing
sediment cores;
(2) measuring and recording total mercury concentration,
methyl mercury concentration, and percent methyl mercury in
surface sediments;
(3) measuring and recording total mercury concentration and
methyl mercury concentration in surface water; and
(4) at a portion of such locations that the Administrator
of the Environmental Protection Agency determines is
appropriate, measuring and recording total mercury
concentrations and methyl mercury concentrations throughout the
water column.
(d) Aquatic Plants and Animals.--The program under this section
shall monitor mercury levels in plants and animals, including--
(1) measuring and recording methyl mercury levels in
yearling fish;
(2) measuring and recording mercury levels, and other
scientific data relevant to assessing the health of the fish
population, in commercially or recreationally important fish;
(3) measuring and recording mercury levels in the
appropriate tissue in reptiles, amphibians, birds, and mammals;
and
(4) at a portion of all locations selected under subsection
(a) that the Administrator of the Environmental Protection
Agency determines is appropriate, measuring and recording
mercury levels in phytoplankton, algae, zooplankton, and
benthic invertebrates.
(e) Selection of Monitoring Sites.--The Administrator of the
Environmental Protection Agency shall, not later than 12 months after
the date of enactment of this Act and in coordination with the
Scientific Advisory Committee, recommend appropriate sites for
monitoring under the program established under this section.
SEC. 4. SCIENTIFIC ADVISORY COMMITTEE.
(a) Establishment.--There shall be established a Scientific
Advisory Committee to advise the Administrator of the Environmental
Protection Agency on the establishment, site selection, and operation
of the national mercury monitoring program under this Act.
(b) Membership.--The Scientific Advisory Committee shall consist of
scientists who are not employees of the Federal Government, including--
(1) 3 scientists appointed by the Administrator of the
Environmental Protection Agency;
(2) 2 scientists appointed by the Director of the United
States Fish and Wildlife Service;
(3) 2 scientists appointed by the Director of the National
Park Service;
(4) 2 scientists appointed by the Director of the Forest
Service;
(5) 2 scientists appointed by the Director of the United
States Geological Survey; and
(6) 2 scientists appointed by the Administrator of the
National Oceanic and Atmospheric Administration.
SEC. 5. REPORTS AND PUBLIC DISCLOSURE.
(a) Reports.--The Administrator of the Environmental Protection
Agency shall transmit to Congress a report on the program under this
Act not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter. Once every 4 years, such report shall include
an assessment of the reduction in mercury deposition rates that must be
achieved in order to prevent adverse ecological effects.
(b) Availability of Data.--All data obtained pursuant to this Act
shall be made available to the public.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for carrying out this Act--
(1) for fiscal year 2008--
(A) to the Environmental Protection Agency
$7,000,000;
(B) to the United States Geological Survey
$4,500,000;
(C) to the Fish and Wildlife Service $4,500,000;
and
(D) to the National Oceanic and Atmospheric
Administration $2,000,000;
(2) for fiscal year 2009--
(A) to the Environmental Protection Agency
$5,000,000;
(B) to the United States Geological Survey
$3,000,000;
(C) to the Fish and Wildlife Service $3,000,000;
and
(D) to the National Oceanic and Atmospheric
Administration $1,000,000;
(3) for fiscal year 2010--
(A) to the Environmental Protection Agency
$5,250,000;
(B) to the United States Geological Survey
$3,250,000;
(C) to the Fish and Wildlife Service $3,250,000;
and
(D) to the National Oceanic and Atmospheric
Administration $1,250,000; and
(4) such sums as may be necessary for each of fiscal years
2011 through 2013 to the Environmental Protection Agency, the
United States Geological Survey, the Fish and Wildlife Service,
and the National Oceanic and Atmospheric Administration.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Ecoregion.--The term ``ecoregion'' means a large area
of land and water that contains a geographically distinct
assemblage of natural communities, including similar land
forms, climate, ecological processes, and vegetation.
(2) Mercury export.--The term ``mercury export'' means
mercury flux from a watershed to the corresponding water body,
or from one water body to another (e.g. a lake to a river),
generally expressed as mass per unit time.
(3) Mercury flux.--The term ``mercury flux'' means the rate
of transfer of mercury between ecosystem components (e.g.
between water and air), or between portions of ecosystem
components, expressed in terms of mass per unit time or mass
per unit area per time.
(4) Surface sediment.--The term ``surface sediment'' means
sediment in the top 2 centimeters of a lakebed or riverbed. | Comprehensive National Mercury Monitoring Program Establishment Act - Directs the Administrator of the Environmental Protection Agency to establish a national-scale mercury monitoring program. Requires such program to monitor: (1) long-term changes in mercury levels in the air and watersheds; (2) mercury levels in water and soil chemistry; and (3) mercury levels in plants and animals.
Establishes the Scientific Advisory Committee to advise the Administrator on the establishment, site selection, and operation of the program. | {"src": "billsum_train", "title": "To provide for the establishment of a national mercury monitoring program."} | 2,333 | 100 | 0.485055 | 1.292327 | 0.756998 | 4.72043 | 23.494624 | 0.956989 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Oversight Act''.
SEC. 2. TREATMENT OF CLASSIFIED INFORMATION IN POSSESSION OF HOUSE
INTELLIGENCE COMMITTEE.
(a) Requiring Certain Information to Be Made Available to Certain
Standing Committees.--Clause 11(g)(3) of rule X of the Rules of the
House of Representatives is amended--
(1) in the first sentence of subdivision (B), by striking
``as it may prescribe,'' and inserting ``as it may prescribe
subject to the requirements of subdivision (C),''; and
(2) by adding at the end the following new subdivisions:
``(C) The select committee may not reject a request by any standing
committee referred to in subdivision (D) to make information described
in subdivision (A) available to such committee if the information
relates to any matter within the jurisdiction of such committee, unless
the information reveals sensitive intelligence sources and methods or
reveals sensitive information related to a covert action (as defined in
section 503(e) of the National Security Act of 1947 (50 U.S.C.
413b(e)).
``(D) The committees referred to in this subdivision are as
follows:
``(i) The Committee on Appropriations.
``(ii) The Committee on Armed Services.
``(iii) The Committee on Energy and Commerce.
``(iv) The Committee on Financial Services.
``(v) The Committee on Government Reform.
``(vi) The Committee on Homeland Security.
``(vii) The Committee on International Relations.
``(viii) The Committee on the Judiciary.
``(ix) Any other standing committee designated by the
Speaker for purposes of this subdivision.''.
(b) Requiring Notification of Standing Committees of Information
Within Jurisdiction; Briefing by Members Serving on Both Committees.--
Clause 11(g) of rule X of the Rules of the House of Representatives is
amended by adding at the end the following new subparagraph:
``(6)(A) If the select committee is provided with information
described in subparagraph (3)(A) which relates to any matter within the
jurisdiction of a standing committee described in subparagraph (3)(D),
the select committee shall provide notice to such standing committee
not later than 7 legislative days after the select committee is
provided with the information, under such regulations as it may
prescribe in consultation with the Speaker and the minority leader.
``(B) After providing notice under subdivision (A) to a standing
committee, the members of the select committee who also serve on such
standing committee, in coordination with the chairman of such standing
committee, shall provide for a briefing of the entire membership of
such standing committee with respect to the information which is the
subject of the notice, in accordance with such procedures as may be
established by the select committee and the chairman of such standing
committee. Any member attending the briefing may be accompanied by a
staff person in the same manner and under the same terms and conditions
as provided in subparagraph (3)(B). This subdivision shall not apply
with respect to the Committee on Energy and Commerce, the Committee on
Financial Services, the Committee on Government Reform, or the
Committee on Homeland Security.''.
(c) Assistance to Standing Committees Requesting Briefing on
Classified Information Held by Executive Branch Offices.--Clause 11(g)
of rule X of the Rules of the House of Representatives, as amended by
subsection (b), is amended by adding at the end the following new
subparagraph:
``(7) If a standing committee described in subparagraph (3)(D)
provides the select committee with a copy of a request sent by the
standing committee to any entity in the executive branch for a briefing
regarding information described in subparagraph (3)(A) which relates to
any matter within the jurisdiction of the standing committee, the
select committee shall transmit a written response endorsing the
request to the standing committee and the entity in the executive
branch, unless the information reveals sensitive intelligence sources
and methods or reveals sensitive information related to a covert action
(as defined in section 503(e) of the National Security Act of 1947 (50
U.S.C. 413b(e)).''.
(d) Permitting Access to Staff Accompanying Member Granted Access
to Information.--Clause 11(g)(3)(B) of rule X of the Rules of the House
of Representatives is amended by adding at the end the following: ``A
Member to whom information is made available under this subdivision and
who serves on a standing committee described in subparagraph (D) may be
accompanied during the Member's review of the information by one
individual who is an employee of the Office of the Member or an
employee of such standing committee, but only if the employee has the
appropriate security clearance as determined by the select committee
(as defined under the National Security Act of 1947).''.
(e) Conforming Amendment Relating to Oversight Functions.--Clause
3(m) of rule X of the Rules of the House of Representatives is amended
by adding at the end the following: ``Nothing in this paragraph may be
construed to prohibit any disclosure authorized under clause 11 or the
disclosure by the select committee of the existence of any operation or
program which is not a covert action (as defined in section 503(e) of
the National Security Act of 1947 (50 U.S.C. 413b(e)).''.
SEC. 3. PROHIBITION ON DENYING INFORMATION TO A COMMITTEE RELATING TO
THE JURISDICTION OF THAT COMMITTEE.
Section 501(c) of the National Security Act of 1947 (50 U.S.C.
413(c)) is amended by adding at the end the following: ``The
congressional intelligence committees shall not establish any procedure
that denies another committee of the House of Representatives or the
Senate access to information, including classified transcripts,
records, data, charts, or files, in possession of the congressional
intelligence committees if such information relates to the jurisdiction
of the other committee, provided that such information does not reveal
sensitive intelligence sources and methods or sensitive information
related to a covert action.''.
SEC. 4. NO EFFECT ON RESTRICTIONS REGARDING HANDLING OF CLASSIFIED
INFORMATION.
Nothing in this Act or any amendment made by this Act may be
construed to affect any provision of law or any rule or regulation
governing the handling of classified information which is authorized to
be made available to any individual, including the application of
existing criminal and civil penalties and sanctions under the House
Rules providing for censure, removal from committee membership, or
expulsion from the House for a Member or removal from employment for
staff who have engaged in unauthorized disclosure of intelligence or
intelligence-related information. | Intelligence Oversight Act - Amends Rule X (Organization of Committees) of the Rules of the House of Representatives to prohibit the Select Committee on Intelligence from rejecting a request by one of certain standing committees to make classified information in the Intelligence Committee's possession about lawful intelligence or intelligence-related activities of a federal agency available to such committee if the information relates to any matter within the committee's jurisdiction, unless the information reveals sensitive intelligence sources and methods or reveals sensitive information related to a covert action.
Requires the Intelligence Committee to notify appropriate standing committees of any classified information received by it that falls within such a committee's jurisdiction. Requires Intelligence Committee members who also serve on the standing committee, in coordination with its chairman, to brief the entire membership on such classified information.
Provides for Intelligence Committee assistance to standing committees requesting a briefing on classified information held by executive branch offices.
Amends the National Security Act of 1947 to conform to this Act. | {"src": "billsum_train", "title": "To amend the Rules of the House of Representatives to specify conditions under which the Permanent Select Committee on Intelligence of the House of Representatives shall be required to exercise its authority to make classified information in its possession available to certain standing committees of the House, and for other purposes."} | 1,541 | 233 | 0.6692 | 1.707459 | 0.902432 | 3.423913 | 7.375 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco Regulatory Fairness Act of
2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Cigarette smoking and tobacco use cause approximately
450,000 deaths each year in the United States.
(2) Cigarette smoking accounts for approximately
$65,000,000,000 in lost productivity and health care costs.
(3) In spite of the well-established dangers of cigarette
smoking and tobacco use, there is no Federal agency that has
any authority to regulate the manufacture, sale, distribution,
and use of tobacco products.
(4) The tobacco industry spends approximately
$4,000,000,000 each year to promote tobacco products.
(5) Each day 3,000 children try cigarettes for the first
time, many of whom become lifelong addicted smokers.
(6) There is no minimum age requirement in Federal law that
an individual must reach to legally buy cigarettes and other
tobacco products.
(7) The Food and Drug Administration is the most qualified
Federal agency to regulate tobacco products.
(8) It is inconsistent for the Food and Drug Administration
to regulate the manufacture, sale, and distribution of other
nicotine-containing products used as substitutes for cigarette
smoking and tobacco use and not be able to regulate tobacco
products in a comparable manner.
SEC. 3. DEFINITIONS.
Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321) is amended by adding at the end the following:
``(kk) The term `tobacco product' means cigarettes, cigars, little
cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco.
``(ll) The term `tobacco additive' means any substance the intended
use of which results or may reasonably be expected to result, directly
or indirectly, in its becoming a component or otherwise affecting the
characteristics of any tobacco product.
``(mm) The term `constituent' means any element of cigarette
mainstream or sidestream smoke which is present in quantities which
represent a potential health hazard or where the health effect is
unknown.
``(nn) The term `tar' means mainstream total articulate matter
minus nicotine and water.''.
SEC. 4. ENFORCEMENT.
Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
331) is amended--
(1) in subsections (a), (b), (c), (g), and (k), by striking
``or cosmetic'' and inserting ``cosmetic, or tobacco product'';
and
(2) by adding at the end the following:
``(u) The manufacture, sale, distribution, and advertising of
tobacco products in violation of regulations promulgated by the
Secretary pursuant to chapter X.''.
SEC. 5. REGULATION OF TOBACCO PRODUCTS.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended by adding at the end the following:
``CHAPTER X--TOBACCO PRODUCTS
``SEC. 1000. REGULATION OF TOBACCO PRODUCTS.
``(a) Regulations.--Not later than 1 year after the date on which
the Secretary receives the recommendations described in section
1003(f), the Secretary shall promulgate regulations governing the
manufacture, sale, and distribution of tobacco products in accordance
with the provisions of the chapter.
``(b) Food and Drug Administration.--Regulations promulgated under
subsection (a) shall designate the Food and Drug Administration as the
Federal agency that regulates the manufacture, distribution, and sale
of tobacco products.
``(c) Limitation.--Regulations promulgated under subsection (a) may
not prohibit the manufacture, distribution, or sale of a tobacco
product solely on the basis that such product causes a disease.
``(d) Sale or Distribution.--Under regulations promulgated under
subsection (a) it shall be unlawful to--
``(1) sell a tobacco product to an individual under the age
of 18 years;
``(2) sell a tobacco product to an individual if such
tobacco product is intended for use by an individual under the
age of 18 years; and
``(3) sell or distribute a tobacco product if the label of
such product does not display the following statement: `Federal
Law Prohibits Sale To Minors'.
``(e) Manufacturing.--Regulations promulgated under subsection (a)
governing the manufacture of tobacco products shall--
``(1) require that all additives used in the manufacture of
tobacco products are safe; and
``(2) classify as a drug any nicotine-containing product
that does not meet the definition of a tobacco product.
``SEC. 1001. ADULTERATED TOBACCO PRODUCTS.
``(a) In General.--A tobacco product shall be deemed to be
adulterated--
``(1) if such product consists in whole or in part of any
filthy, putrid, or decomposed substance, or is otherwise
contaminated by any poisonous or deleterious substance that may
render such product injurious to health;
``(2) if such product has been prepared, packed, or held
under insanitary conditions in which such product may have been
contaminated with filth, or in which such product may have been
rendered injurious to health; and
``(3) if the container for such product is composed, in
whole or in part, of any poisonous or deleterious substance
that may render the contents of such product injurious to
health.
``(b) Regulations.--The Secretary may by regulation prescribe good
manufacturing practices for tobacco products. Such regulations may be
modeled after current good manufacturing practice regulations for other
products regulated under this Act.
``SEC. 1002. MISBRANDED TOBACCO PRODUCTS.
``A tobacco product shall be deemed to be misbranded--
``(1) if the labeling of such product is false or
misleading in any particular;
``(2) if in package form unless such product bears a label
containing--
``(A) the name and place of business of the tobacco
product manufacturer, packer, or distributor; and
``(B) an accurate statement of the quantity of the
contents in terms of weight, measure, or numerical
count,
except that under subparagraph (B) of this paragraph reasonable
variations shall be permitted, and exemptions as to small
packages shall be established, by regulations promulgated by
the Secretary;
``(3) if any word, statement, or other information required
by or under authority of this chapter to appear on the label or
labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements or
designs in the labeling) and in such terms as to render it
likely to be read and understood by the ordinary individual
under customary conditions of purchase and use;
``(4) if such product has an established name, unless its
label bears, to the exclusion of any other nonproprietary name,
its established name is prominently printed in type as required
by the Secretary by regulation;
``(5) if the Secretary has issued regulations requiring
that the labeling of such product bear adequate directions for
use, or adequate warnings against use by children, that are
necessary for the protection of users unless the labeling of
such product conforms in all respects to such regulations; and
``(6) if such product was manufactured, prepared,
propagated, or processed in an establishment not duly
registered as required under section 1004.
``SEC. 1003. ADVISORY COMMITTEE.
``(a) Establishment.--There is established in the Food and Drug
Administration a Tobacco and Nicotine Products Advisory Committee
(hereafter referred to as the `advisory committee').
``(b) Purpose.--The advisory committee shall assist the Secretary
in developing the regulations described in section 1000.
``(c) Membership.--
``(1) In general.--Not later than 60 days after the date of
enactment of this chapter, the Secretary shall appoint to the
advisory committee 10 individuals who are qualified by training
and experience to evaluate and make recommendations regarding
regulations governing the manufacture, distribution, sale,
labeling and advertising of tobacco products.
``(2) Experts.--The members described under paragraph (1),
not including the chairperson of such advisory committee, shall
consist of--
``(A) one expert in the field of nicotine
addiction;
``(B) one expert in the field of pharmacology;
``(C) one expert in the field of food and drug law;
``(D) one expert in the field of public education;
``(E) one expert in the field of toxicology;
``(F) two experts representing the interests of
family medicine, internal medicine, or pediatrics; and
``(G) two consumer representatives from the public
health community.
``(3) Ex officio.--The advisory committee shall have the
following as ex officio members:
``(A) The Director of the National Cancer
Institute.
``(B) The Director of the National Heart, Lung, and
Blood Institute.
``(C) The Director of National Institute on Drug
Abuse.
``(D) The Director of the Centers for Disease
Control and Prevention.
``(E) The Surgeon General of the Public Health
Service.
``(4) Chairperson.--The chairperson of the advisory
committee shall be appointed by the Secretary with the advice
and consent of the Commissioner of Food and Drugs.
``(d) Function.--The advisory committee shall--
``(1) review the available scientific evidence on the
effects of tobacco products on human health;
``(2) review the manufacturing process of tobacco products,
including the use of additives, sprayed on chemicals, product
development, and product manipulation;
``(3) review the role of nicotine as part of the smoking
habit, including its addictive properties and health effects;
and
``(4) review current Federal, State, and local laws
governing the manufacture, distribution, sale, labeling and
advertising of tobacco products.
``(e) Authority.--The advisory committee may hold hearings and
receive testimony and evidence as the committee determines to be
appropriate.
``(f) Recommendations.--Not later than 1 year after the Secretary
has appointed all members to the advisory committee, such committee
shall prepare and submit recommendations regarding regulations to be
promulgated under section 1000 to the Secretary.
``SEC. 1004. REGISTRATION.
``Not later than 120 days after the date of enactment of this
chapter, any manufacturer directly or indirectly engaged in the
manufacture, distribution, or sale of tobacco products shall register
with the Secretary the name and place of business of such manufacturer.
``SEC. 1005. ADVERTISING.
``(a) Regulations.--The Federal Trade Commission, after
consultation with the Secretary and upon receipt of approval by the
Secretary, shall promulgate regulations governing the advertising of
all tobacco products.
``(b) Labels.--The Federal Trade Commission, after consultation
with the Secretary and upon receipt of approval by the Secretary, may
promulgate regulations that--
``(1) modify the warning labels required by the Federal
Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.)
and the Comprehensive Smokeless Tobacco Health Education Act of
1986 (15 U.S.C. 4401 et seq.) if the modification in the
content of the label does not weaken the health message
contained in the label and is in the best interests of the
public health as determined by the Secretary; and
``(2) increase the size and placement of such required
labels.''.
SEC. 6. CONFORMING AMENDMENTS.
(a) Records.--Section 703 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 373) is amended--
(1) by striking ``or cosmetics'' each place it appears and
inserting ``cosmetics, or tobacco products''; and
(2) by striking ``or cosmetic'' each place it appears and
inserting ``cosmetic, or tobacco product''.
(b) Factory Inspections.--Section 704 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 374) is amended--
(1) in subsection (a)(1)--
(A) by striking ``or cosmetics'' each place it
appears and inserting ``cosmetics, or tobacco
products''; and
(B) by striking ``or restricted devices'' each
place it appears and inserting ``restricted devices, or
tobacco products''; and
(2) in subsection (b), by striking ``or cosmetic'' and
inserting ``cosmetic, or tobacco product''. | Requires the promulgation of regulations governing the manufacture, sale, and distribution of tobacco products. Define adulterated and misbranded tobacco products.
Establishes a Tobacco and Nicotine Products Advisory Committee.
Requires the promulgation of regulations governing the advertising of all tobacco products. | {"src": "billsum_train", "title": "Tobacco Regulatory Fairness Act of 2000"} | 2,840 | 72 | 0.458211 | 1.065707 | 0.834328 | 3.708333 | 54.541667 | 0.875 |
SECTION 1. QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) Requirement for Review.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 888. Quadrennial quality of life review
``(a) Review Required.--(1) The Secretary of Defense shall every
four years, two years after the submission of the quadrennial defense
review to Congress under section 118 of this title, conduct a
comprehensive examination of the quality of life of the members of the
armed forces (to be known as the `quadrennial quality of life review').
The review shall include examination of the programs, projects, and
activities of the Department of Defense, including the morale, welfare,
and recreation activities.
``(2) The quadrennial review shall be designed to result in
determinations, and to foster policies and actions, that reflect the
priority given the quality of life of members of the armed forces as a
primary concern of the Department of Defense leadership.
``(3) Each quadrennial quality of life review shall be conducted in
consultation with the Chairman of the Joint Chiefs of Staff.
``(b) Conduct of Review.--Each quadrennial quality of life review
shall be conducted so as--
``(1) to assess quality of life priorities and issues
consistent with the most recent National Security Strategy
prescribed by the President pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 404a);
``(2) to identify actions that are needed in order to
provide members of the armed forces with the quality of life
reasonably necessary to encourage the successful execution of
the full range of missions that the members are called on to
perform under the national security strategy;
``(3) to provide a full accounting of the backlog of
installations in need of maintenance and repair, to determine
how the disrepair affects performance and quality of life of
members and their families, and to identify the budget plan
that would be required to provide the resources necessary to
remedy the backlog of maintenance and repair; and
``(4) to identify other actions that have the potential for
improving the quality of life of the members of the armed
forces.
``(c) Considerations.--Among the matters considered by the
Secretary in conducting the quadrennial review, the Secretary shall
include the following matters:
``(1) Infrastructure.
``(2) Military construction.
``(3) Physical conditions at military installations and
other Department of Defense facilities.
``(4) Budget plans.
``(5) Adequacy of medical care for members of the armed
forces and their dependents.
``(6) Adequacy of housing and the basic allowance for
housing and basic allowance for subsistence.
``(7) Housing-related utility costs.
``(8) Educational opportunities and costs.
``(9) Length of deployments.
``(10) Rates of pay, and pay differentials between the pay
of members and the pay of civilians.
``(11) Retention and recruiting efforts.
``(12) Workplace safety.
``(13) Support services for spouses and children.
``(14) Other elements of Department of Defense programs and
Federal Government policies and programs that affect the
quality of life of members.
``(d) Submission of QQLR to Congressional Committees.--The
Secretary shall submit a report on each quadrennial quality of life
review to the Committees on Armed Services of the Senate and the House
of Representatives. The report shall be submitted not later than
September 30 of the year in which the review is conducted. The report
shall include the following:
``(1) The results of the review, including a comprehensive
discussion of how the quality of life of members of the armed
forces affects the national security strategy of the United
States.
``(2) The long-term quality of life problems of the armed
forces, together with proposed solutions.
``(3) The short-term quality of life problems of the armed
forces, together with proposed solutions.
``(4) The assumptions used in the review.
``(5) The effects of quality of life problems on the morale
of the members of the armed forces.
``(6) The quality of life problems that affect the morale
of members of the reserve components in particular, together
with solutions.
``(7) The effects of quality of life problems on military
preparedness and readiness.
``(8) The appropriate ratio of--
``(A) the total amount expended by the Department
of Defense in a fiscal year for programs, projects, and
activities designed to improve the quality of life of
members of the armed forces, to
``(B) the total amount expended by the Department
of Defense in the fiscal year.
``(e) Independent Review.--Before submitting the report on the
quadrennial quality of life review under subsection (d), the Secretary
of Defense shall make the report available for review and comment by
entities independent of the Department of Defense that are concerned
with the quality of life of members of the armed forces.
``(f) CJCS Review.--Upon the completion of each quadrennial quality
of life review, the Chairman of the Joint Chiefs of Staff shall prepare
and submit to the Secretary of Defense the Chairman's assessment of the
review, including the Chairman's assessment of the quality of life of
members of the armed forces. The Chairman's assessment shall be
submitted to the Secretary of Defense in time for the inclusion of the
assessment in the report. The Secretary shall include the Chairman's
assessment, together with the Secretary's comments, in the report in
its entirety.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``888. Quadrennial quality of life review.''. | Directs the Secretary of Defense, every four years, to conduct a comprehensive examination of the quality of life of members of the armed forces, including morale, welfare, and recreation activities and other programs and projects of the Department of Defense. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to require the Secretary of Defense to carry out a quadrennial review of the quality of life in the Armed Forces, and for other purposes."} | 1,249 | 51 | 0.5786 | 1.52695 | 0.835134 | 4.152174 | 26.978261 | 0.978261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homesteading and Neighborhood
Restoration Act of 1995''.
SEC. 2. ASSISTANCE FOR HABITAT FOR HUMANITY AND OTHER SELF-HELP HOUSING
PROVIDERS.
(a) Grant Authority.--The Secretary shall, to the extent that
amounts are made available to carry out this section and the
requirements of this section are met, make grants for use in accordance
with this section to--
(1) Habitat for Humanity International, whose
organizational headquarters are located in Americus, Georgia;
and
(2) other national or regional organizations or consortia
that have experience in providing or facilitating self-help
housing homeownership opportunities.
(b) Goals and Accountability.--
(1) Goals.--In making grants under this section, the
Secretary shall take such actions as may be necessary to ensure
that--
(A) assistance provided under this section is used
to facilitate and encourage innovative homeownership
opportunities through the provision of self-help
housing, under which the homeowner contributes a
significant amount of sweat equity toward the
construction of the new dwelling;
(B) assistance provided under this section for land
acquisition and infrastructure development results in
the development of not less than 5,000 new dwellings;
(C) the dwellings constructed in connection with
assistance provided under this section are dwellings
that comply with local building and safety codes and
standards and are available at prices below the
prevailing market prices;
(D) the provision of assistance under this section
establishes and fosters a partnership between the
Federal Government and Habitat for Humanity
International, the affiliates thereof, and other
organizations and consortia, resulting in efficient
development of affordable housing with minimal
governmental intervention, limited governmental
regulation, and significant involvement by private
entities;
(E) activities to develop housing assisted pursuant
to this section involve community participation similar
to the homeownership program carried out by Habitat for
Humanity International, in which volunteers assist in
the construction of dwellings; and
(F) dwellings are developed in connection with
assistance under this section on a geographically
diverse basis, which includes areas having high housing
costs, rural areas, and areas underserved by other
homeownership opportunities that are populated by low-
income families that are otherwise unable to afford
housing.
(2) Accountability.--If, at any time, the Secretary
determines that the goals under this subsection cannot be met
by providing assistance in accordance with the terms of this
section, the Secretary shall immediately notify the applicable
committees in writing of such determination and any proposed
changes to such goals or to this section.
(c) Allocation.--Of any amounts available for grants under this
section--
(1) 50 percent shall be used for a grant to the
organization specified in subsection (a)(1); and
(2) 50 percent shall be used for grants to organizations
and consortia under subsection (a)(2).
(d) Use.--
(1) Purpose.--Amounts from grants made under this section
shall be used only for eligible expenses in connection with
developing new decent, safe, and sanitary nonluxury dwellings
in the United States for families and persons who are otherwise
unable to afford to purchase a dwelling.
(2) Eligible expenses.--
(A) Costs included.--For purposes of paragraph (1),
the term ``eligible expenses'' means costs only for the
following activities:
(i) Land acquisition.--Acquiring land
(including financing and closing costs).
(ii) Infrastructure improvement.--
Installing, extending, constructing,
rehabilitating, or otherwise improving
utilities and other infrastructure.
(B) Costs not included.--The term does not include
any costs for the rehabilitation, improvement, or
construction of dwellings.
(e) Establishment of Grant Fund.--
(1) In general.--Any amounts from any grant made under this
section shall be deposited by the grantee organization or
consortium in a fund that is established by such organization
or consortium for such amounts, administered by such
organization or consortium, and available for use only in
accordance with subsection (d). Any interest, fees, or other
earnings of the fund shall be deposited in the fund and shall
be considered to be grant amounts for purposes of this section.
(2) Assistance to habitat for humanity international
affiliates.--Habitat for Humanity International may use amounts
in the fund established for such organization pursuant to
paragraph (1) in accordance with subsection (d) by providing
assistance from the fund to local affiliates of such
organization.
(f) Requirements for Assistance to Other Organizations.--The
Secretary may make a grant to an organization or consortium under
subsection (a)(2) only pursuant to--
(1) an expression of interest by such organization or
consortium to the Secretary for a grant for such purposes;
(2) a determination by the Secretary that the organization
or consortium has the capability and has obtained financial
commitments (or has the capacity to obtain financial
commitments) necessary to--
(A) develop not less than 50 dwellings in
connection with the grant amounts; and
(B) otherwise comply with a grant agreement under
subsection (i); and
(3) a grant agreement entered into under subsection (i).
(g) Treatment of Unused Amounts.--Upon the expiration of the 6-
month period beginning on the date on which the Secretary initially
provides notice of the availability of amounts for grants under
subsection (a)(2), the Secretary shall determine whether the amount
remaining from the aggregate amount reserved under subsection (c)(2)
exceeds the amount needed to provide funding in connection with any
expressions of interest under subsection (f)(1) made by such date that
are likely to result in grant agreements under subsection (i). If the
Secretary determines that such excess amounts remain, the Secretary
shall provide the excess amounts to Habitat for Humanity International
by making a grant to that organization in accordance with this section.
(h) Geographic Diversity.--
(1) Use of grant amounts.--In using grant amounts provided
under subsection (a)(1), Habitat for Humanity International
shall make reasonable efforts to ensure that the amounts are
used in a manner that results in national geographic diversity
among housing developed using such amounts.
(2) Making grants.--In making grants under subsection
(a)(2), the Secretary shall make reasonable efforts to ensure
that grants are provided and grant amounts are used in a manner
that results in national geographic diversity among housing
developed using grant amounts under this section.
(i) Grant Agreement.--A grant under this section shall be made only
pursuant to a grant agreement entered into by the Secretary and the
organization or consortium receiving the grant, which shall--
(1) require such organization or consortium to use grant
amounts only as provided in this section;
(2) provide for the organization or consortium to develop a
specific and reasonable number of dwellings using the grant
amounts, which number shall be established taking into
consideration costs and economic conditions in the areas in
which the dwellings will be developed, but in no case shall be
less than 50;
(3) require the organization or consortium to use the grant
amounts in a manner that leverages other sources of funding
(other than grants under this section), including private or
public funds, in developing the dwellings;
(4) require the organization or consortium to comply with
the other provisions of this section;
(5) in the case only of a grant under subsection (a)(2),
provide that if the organization or consortium has not used any
grant amounts during the 24-month period beginning on the date
on which such amounts are initially disbursed to the
organization or consortium, the Secretary shall recapture such
unused amounts; and
(6) contain such other terms as the Secretary may require
to provide for compliance with subsection (b) and the
requirements of this section.
(j) Grant Payments.--
(1) One-step disbursement.--With respect to any grant under
subsection (a)(2) in an amount less than $8,000,000, the
Secretary shall make the total amount of the grant available to
the grantee organization or consortium upon entering into the
grant agreement under subsection (i) and providing notice under
paragraph (3).
(2) Two-step disbursement.--With respect to the grant under
subsection (a)(1) and any grant under subsection (a)(2) in an
amount equal to or exceeding $8,000,000, the Secretary shall
disburse the grant amounts in 2 equal payments, as follows:
(A) Initial payment.--The first payment shall be
made available to the grantee organization or
consortium upon entering into the grant agreement under
subsection (i) and providing notice under paragraph
(3).
(B) Final payment.--The second payment shall be
made available to the organization or consortium
subject to the following requirements:
(i) Notice.--The amounts may not be made
available until 30 days after the Secretary
certifies to the applicable committees that the
grant amounts provided under subparagraph (A)
to the organization or consortium have been
used in accordance with this section to develop
the new dwellings required under the grant
agreement.
(ii) Fulfillment of grant agreement.--If
the Secretary determines that the organization
or consortium has not, during the 24-month
period beginning on the date on which amounts
are initially made available under subparagraph
(A) to the organization or consortium,
substantially fulfilled the obligations under
the grant agreement, including development of
the appropriate number of dwellings under the
agreement, the Secretary shall provide any
undisbursed amounts remaining from such grant
to Habitat for Humanity International by making
a grant to such organization in accordance with
this section.
(3) Notification to congress.--Notification under this
paragraph is written notification to the applicable committees
of a grant, the amount of the grant, and the terms of the grant
agreement.
(4) Failure to report.--If the Secretary fails to report to
the applicable committees as required in this subsection, the
Secretary may not make any grant under this section after that
failure and may not disburse any amounts under any grant made
prior to that failure.
(k) Records and Audits.--During the period beginning on the date on
which a grant is made under this section and ending on close-out of the
grant under subsection (l)--
(1) the grantee organization or consortium shall keep such
records and adopt such administrative practices as the
Secretary may require to ensure compliance with the provisions
of this section and the grant agreement; and
(2) the Secretary and the Comptroller General of the United
States, and any of their duly authorized representatives shall
have access for the purpose of audit and examination to any
books, documents, papers, and records of the grantee
organization or consortium and the affiliates thereof that are
pertinent to the grant made under this section.
(l) Close-Out.--
(1) In general.--The Secretary shall close out a grant made
under this section upon determining that the aggregate amount
of any assistance provided from the fund established under
subsection (d)(1) by the grantee organization or consortium
exceeds the amount of the grant. For purposes of this
paragraph, any interest, fees, and other earnings of the fund
shall be excluded from the amount of the grant.
(2) Effect.--After a close-out under paragraph (1), no
grantee organization or consortium, or any affiliates thereof,
may be required to comply with any provision of this section or
the grant agreement or to account to the Secretary for use of
grant amounts.
(m) Environmental Review.--A grant under this section shall be
considered to be funds for a special project for purposes of section
305(c) of the Multifamily Housing Property Disposition Reform Act of
1994.
(n) Report to Congress.--Not later than 90 days after the date on
which the close-out of all grants under this section is completed, the
Secretary shall submit to the applicable committees a report describing
the grants made under this section, the grantees, the housing developed
in connection with the grant amounts, and the purposes for which the
grant amounts were used.
(o) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Applicable committees.--The term ``applicable
committees'' means the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Banking and
Financial Services of the House of Representatives.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) United states.--The term ``United States'' includes the
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, American Samoa, and
any other territory or possession of the United States.
(p) Funding.--Of any amounts made available for annual
contributions for assisted housing before the date of enactment of this
Act, $50,000,000 shall be used by the Secretary to carry out this
section. Any such amounts shall remain available for such purposes
until expended.
(q) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall issue any final regulations
necessary to carry out this section. The regulations shall take effect
upon issuance and may not exceed, in length, 5 full pages in the
Federal Register. | Homesteading and Neighborhood Restoration Act of 1995 - Directs the Secretary of Housing and Urban Development to make grants to: (1) Habitat for Humanity International, whose headquarters are in Americus, Georgia; and (2) other national or regional organizations or consortia with experience in providing self-help housing homeownership opportunities. | {"src": "billsum_train", "title": "Homesteading and Neighborhood Restoration Act of 1995"} | 2,826 | 69 | 0.639844 | 1.692623 | 1.193292 | 5.133333 | 45.15 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tax Moratorium and Equity
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The moratorium of the Internet Tax Freedom Act on new
taxes on Internet access and on multiple and discriminatory
taxes on electronic commerce should be extended.
(2) States should be encouraged to simplify their sales and
use tax systems.
(3) As a matter of economic policy and basic fairness,
similar sales transactions should be treated equally, without
regard to the manner in which sales are transacted, whether in
person, through the mails, over the telephone, on the Internet,
or by other means.
(4) Congress may facilitate such equal taxation consistent
with the United States Supreme Court's decision in Quill Corp.
v. North Dakota.
(5) States that adequately simplify their tax systems
should be authorized to correct the present inequities in
taxation through requiring sellers to collect taxes on sales of
goods or services delivered in-state, without regard to the
location of the seller.
(6) The States have experience, expertise, and a vital
interest in the collection of sales and use taxes, and thus
should take the lead in developing and implementing sales and
use tax collection systems that are fair, efficient, and non-
discriminatory in their application and that will simplify the
process for both sellers and buyers.
(7) Online consumer privacy is of paramount importance to
the growth of electronic commerce and must be protected.
SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM THROUGH 2005.
Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151
note) is amended by striking ``3 years after the date of the enactment
of this Act--'' and inserting ``on December 31, 2005:''.
SEC. 4. STREAMLINED SALES AND USE TAX SYSTEM.
(a) Development of Streamlined System.--It is the sense of Congress
that States and localities should work together to develop a
streamlined sales and use tax system that addresses the following in
the context of remote sales:
(1) A centralized, one-stop, multi-state registration
system for sellers.
(2) Uniform definitions for goods or services, the sale of
which may, by State action, be included in the tax base.
(3) Uniform rules for attributing transactions to
particular taxing jurisdictions.
(4) Uniform procedures for--
(A) the treatment of purchasers exempt from sales
and use taxes; and
(B) relief from liability for sellers that rely on
such State procedures.
(5) Uniform procedures for the certification of software
that sellers rely on to determine sales and use tax rates and
taxability.
(6) A uniform format for tax returns and remittance forms.
(7) Consistent electronic filing and remittance methods.
(8) State administration of all State and local sales and
use taxes.
(9) Uniform audit procedures, including a provision giving
a seller the option to be subject to no more than a single
audit per year using those procedures; except that if the
seller does not comply with the procedures to elect a single
audit, any State can conduct an audit using those procedures.
(10) Reasonable compensation for tax collection by sellers.
(11) Exemption from use tax collection requirements for
remote sellers falling below a de minimis threshold of
$5,000,000 in gross annual sales.
(12) Appropriate protections for consumer privacy.
(13) Such other features that the States deem warranted to
promote simplicity, uniformity, neutrality, efficiency, and
fairness.
(b) No Undue Burden.--Congress finds that, if adopted, the system
described in subsection (a) will not place an undue burden on
interstate commerce or burden the growth of electronic commerce and
related technologies in any material way.
(c) Study.--It is the sense of Congress that a joint, comprehensive
study should be commissioned by State and local governments and the
business community to determine the cost to all sellers of collecting
and remitting State and local sales and use taxes on sales made by
sellers under the law as in effect on the date of enactment of this Act
and under the system described in subsection (a) to assist in
determining what constitutes reasonable compensation.
SEC. 5. INTERSTATE SALES AND USE TAX COMPACT.
(a) Authorization and Consent.--In general, the States are
authorized to enter into an Interstate Sales and Use Tax Compact.
Subject to subsection (c), Congress consents to their entry into that
Compact. The Compact shall describe a uniform, streamlined sales and
use tax system consistent with section 4(a), and shall provide that
States joining the Compact must adopt that system.
(b) Expiration.--The authorization and consent in subsection (a)
shall expire if the Compact has not been formed before January 1, 2006.
(c) Congressional Consent Withdrawn if Compact Disapproved.--
(1) Adopting states to transmit.--Upon the 20th State
becoming a signatory to the Compact, the adopting States shall
transmit a copy of the Compact to Congress.
(2) Congressional action.--The consent of Congress to the
Compact is withdrawn if Congress, by law, disapproves the
Compact within 120 days (computed in accordance with section
154 of the Trade Act of 1974 (19 U.S.C. 2194)) after the
adopting States transmit the Compact to Congress.
SEC. 6. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH
AVERAGING.
(a) In General.--Subject to the exception in subsection (e), a
State that adopts the Compact authorized under section 5 and that
levies a use tax shall impose a single, uniform State-wide use-tax rate
on all remote sales on which it assesses a use tax for any calendar
year for which the State meets the requirements of subsection (b).
(b) Averaging Requirement.--A State meets the requirements of this
subsection for any calendar year in which the single, uniform State-
wide use-tax rate is in effect if such rate is no greater than the
weighted average of the sales tax rates actually imposed by the State
and its local jurisdictions during the 12-month period ending on June
30 prior to such calendar year.
(c) Computation of Rate No Greater Than Weighted Average.--For
purposes of subsection (b), a State-wide use-tax rate is no greater
than the weighted average of the sales tax rates imposed during a 12-
month period described in subsection (b) only if, had such rate been
assessed during such period on all sales subject to the sales and use
tax by such State and its local jurisdictions, such rate would not have
yielded a greater total assessment of taxes than the total taxes
actually assessed on such sales during such period.
(d) Annual Option To Collect Actual Tax.--Notwithstanding
subsection (a), a remote seller may elect annually to collect the
actual applicable State and local use taxes on each sale made in the
State.
(e) Alternative System.--A State that adopts the dramatically
simplified sales and use tax system described in the Compact authorized
under section 5 so that remote sellers can use information provided by
the State to identify the single applicable rate for each sale, may
require a remote seller to collect the actual applicable State and
local sales or use tax due on each sale made in the State if the State
provides such seller relief from liability to the State for relying on
such information provided by the State.
SEC. 7. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES.
(a) Grant of Authority.--
(1) States that adopt the system may require collection.--
Any State that has adopted the system described in the Compact
is authorized, notwithstanding any other provision of law, to
require all sellers not qualifying for the de minimis exception
to collect and remit sales and use taxes on remote sales to
purchasers located in such State after the expiration of the
120 day period described by section 5(c)(2) unless the Compact
is disapproved under section 5(c).
(2) States that do not adopt the system may not require
collection.--Paragraph (1) does not extend to any State that
does not adopt the system described in the Compact.
(b) No Effect on Nexus, etc.--No obligation imposed by virtue of
authority granted by subsection (a)(1) or denied by subsection (a)(2)
shall be considered in determining whether a seller has a nexus with
any State for any other tax purpose. Except as provided in subsection
(a), nothing in this Act permits or prohibits a State--
(1) to license or regulate any person;
(2) to require any person to qualify to transact intrastate
business; or
(3) to subject any person to State taxes not related to the
sale of goods or services.
SEC. 8. LIMITATION.
In general, nothing in this Act shall be construed as subjecting
sellers to franchise taxes, income taxes, or licensing requirements of
a State or political subdivision thereof, nor shall anything in this
Act be construed as affecting the application of such taxes or
requirements or enlarging or reducing the authority of any State or
political subdivision to impose such taxes or requirements.
SEC. 9. DEFINITIONS.
In this Act:
(1) State.--The term ``State'' means any State of the
United States of America and includes the District of Columbia.
(2) Goods or services.--The term ``goods or services''
includes tangible and intangible personal property and
services.
(3) Remote sale.--The term ``remote sale'' means a sale in
interstate commerce of goods or services attributed, under the
rules established pursuant to section 4(a)(3), to a particular
taxing jurisdiction that could not, except for the authority
granted by this Act, require that the seller of such goods or
services collect and remit sales or use taxes on such sale.
(4) Locus of remote sale.--The term ``particular taxing
jurisdiction'', when used with respect to the location of a
remote sale, means a remote sale of goods or services
attributed, under the rules established pursuant to section
4(a)(3), to a particular taxing jurisdiction. | Internet Tax Moratorium and Equity Act - Amends the Internet Tax Freedom Act to extend, until December 31, 2005, provisions which prohibit a State or political subdivision from imposing: (1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; and (2) multiple or discriminatory taxes on electronic commerce.Expresses the sense of Congress that: (1) States and localities should work together to develop a uniform streamlined sales and use tax system that addresses remote sales; and (2) a joint comprehensive study should be undertaken to determine the cost of collecting and remitting State and local sales and use taxes under such system.Authorizes States to enter into an Interstate Sales and Use Tax Compact which shall describe a uniform, streamlined sales and use tax system consistent with such system. | {"src": "billsum_train", "title": "To foster innovation and technological advancement in the development of the Internet and electronic commerce, and to assist the States in simplifying their sales and use taxes."} | 2,282 | 175 | 0.626673 | 1.9136 | 0.761966 | 4.163522 | 13.08805 | 0.918239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug-Free School Zone Enforcement
Act''.
SEC. 2. RESERVATION OF FUNDS.
(a) In General.--Section 4004(1) of the Safe and Drug-Free Schools
and Communities Act of 1994 (20 U.S.C. 7104(1)) is amended by striking
``1;'' and inserting ``1, except that, from the amount made available
under this paragraph for each fiscal year (beginning with fiscal year
2000), the Secretary shall reserve not less than $150,000,000 for
grants under subpart 2;''.
(b) Conforming Redesignation.--Subparts 2 and 3 of the Safe and
Drug-Free Schools and Communities Act of 1994 are redesignated as
subparts 3 and 4, respectively.
(c) Additional Conforming Amendments.--
(1) Subpart 4.--Sections 4131 through 4134 of the Safe and
Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7141
et seq.) are redesignated as sections 4141 through 4144,
respectively.
(2) Subpart 3.--Sections 4121 and 4123 of the Safe and
Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7131
and 7133) are redesignated as sections 4131 and 4132,
respectively.
(3) Funding.--Section 4004(2) of the Safe and Drug-Free
Schools and Communities Act of 1994 (20 U.S.C. 7104(2)) is
amended by striking ``2.'' and inserting ``3.''.
SEC. 3. GRANTS TO REDUCE DRUG USE AND TRANSACTIONS IN SCHOOL ZONES.
The Safe and Drug-Free Schools and Communities Act of 1994 (20
U.S.C. 7111 et seq.) is amended by inserting after subpart 1 the
following:
``Subpart 2--Drug-Free School Zone Enforcement
``SEC. 4121. STATE ALLOTMENTS.
``(a) In General.--Except as provided in subsection (b), for the
purpose of carrying out section 4122, the Secretary shall, for each
fiscal year, allot among the States--
``(1) one-half of the amount reserved under section 4004(1)
to carry out this subpart according to the ratio between the
school-aged population of each State and the school-aged
population of all the States; and
``(2) one-half of such amount according to the ratio
between the amount each State received under part A of title I
for the preceding year and the sum of such amounts received by
all the States.
``(b) Minimum.--For any fiscal year, no State shall be allotted
under this section an amount that is less than one-half of 1 percent of
the total amount allotted to all the States under this section.
``(c) Reallotment.--The Secretary may reallot any amount of any
allotment to a State if the Secretary determines that the State will be
unable to use such amount within two years of such allotment. Such
reallotments shall be made on the same basis as allotments are made
under subsection (a).
``SEC. 4122. STATE GRANTS FOR DRUG-FREE SCHOOL ZONE ENFORCEMENT.
``(a) Applications.--In order to receive the allotment for its
State under section 4121 for any fiscal year, the head of a State's
Department of Justice (or, in the case of a State that does not have a
Department of Justice, the head of the equivalent department or agency
of the State that is responsible for crime reduction) shall submit to
the Secretary, at such time as the Secretary may require, an
application that--
``(1) contains assurances consistent with subsection (b);
and
``(2) otherwise includes any other information that the
Secretary may require.
``(b) Use of Funds.--
``(1) Subgrants.--
``(A) Percentage.--A State agency that receives the
allotment for its State under this subpart for a fiscal
year shall use not less than 95 percent of such
allotment to make subgrants to units of local
government.
``(B) Use of funds by subgrantees.--A unit of local
government that receives a subgrant under this
paragraph shall use the funds for the purpose of
reducing drug-related transactions and drug use in the
one-mile areas surrounding elementary and secondary
schools by--
``(i) hiring additional law enforcement
officers to be deployed for this purpose;
``(ii) hiring additional prosecutors to
prosecute criminal cases involving such drug-
related transactions or drug use; and
``(iii) facilitating coordination with
State and Federal drug enforcement agencies.
``(2) Administrative costs.--Not more than 5 percent of the
total amount allotted for a State under section 4121 for each
fiscal year may be used for administrative costs of the State
agency incurred in carrying out the activities described in
paragraph (1).
``SEC. 4123. DEFINITIONS.
``For purposed of this subpart--
``(1) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico; and
``(2) the term `unit of local government' has the meaning
given such term in section 901(a)(3) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)(3)).''. | Directs the Secretary of Education to: (1) reserve for such grants program a specified minimum amount of funds under such Act; and (2) make program allotments to States, according to a specified formula.
Requires States to use at least 95 percent of such grant allotments for subgrants to local governments for such drug-free zone enforcement.
Requires local governments to use such subgrants to hire additional law enforcement officers and prosecutors, and facilitate coordination with State and Federal drug enforcement agencies, for such drug-free zone enforcement. | {"src": "billsum_train", "title": "Drug-Free School Zone Enforcement Act"} | 1,247 | 120 | 0.523187 | 1.433891 | 0.441335 | 1.932039 | 10.485437 | 0.84466 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Treatment Court Improvement
Act of 2018''.
SEC. 2. HIRING BY DEPARTMENT OF VETERANS AFFAIRS OF ADDITIONAL VETERANS
JUSTICE OUTREACH SPECIALISTS.
(a) Hiring of Additional Veterans Justice Outreach Specialists.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall hire
not fewer than 50 Veterans Justice Outreach Specialists and place
each such Veterans Justice Outreach Specialist at an eligible
Department of Veterans Affairs medical center in accordance with
this section.
(2) Requirements.--The Secretary shall ensure that each
Veterans Justice Outreach Specialist employed under paragraph (1)--
(A) serves, either exclusively or in addition to other
duties, as part of a justice team in a veterans treatment court
or other veteran-focused court; and
(B) otherwise meets Department hiring guidelines for
Veterans Justice Outreach Specialists.
(b) Eligible Department of Veterans Affairs Medical Centers.--For
purposes of this section, an eligible Department of Veterans Affairs
medical center is any Department of Veterans Affairs medical center
that--
(1) complies with all Department guidelines and regulations for
placement of a Veterans Justice Outreach Specialist;
(2) works within a local criminal justice system with justice-
involved veterans;
(3) maintains an affiliation with one or more veterans
treatment courts or other veteran-focused courts; and
(4) either--
(A) routinely provides Veterans Justice Outreach
Specialists to serve as part of a justice team in a veterans
treatment court or other veteran-focused court; or
(B) establishes a plan that is approved by the Secretary to
provide Veterans Justice Outreach Specialists employed under
subsection (a)(1) to serve as part of a justice team in a
veterans treatment court or other veteran-focused court.
(c) Placement Priority.--The Secretary shall prioritize the
placement of Veterans Justice Outreach Specialists employed under
subsection (a)(1) at eligible Department of Veterans Affairs medical
centers that have or intend to establish an affiliation, for the
purpose of carrying out the Veterans Justice Outreach Program, with a
veterans treatment court, or other veteran-focused court, that--
(1) was established on or after the date of the enactment of
this Act; or
(2)(A) was established before the date of the enactment of this
Act; and
(B) is not fully staffed with Veterans Justice Outreach
Specialists.
(d) Reports.--
(1) Report by secretary of veterans affairs.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the implementation of this
section and its effect on the Veterans Justice Outreach
Program.
(B) Contents.--The report submitted under paragraph (1)
shall include the following:
(i) The status of the efforts of the Secretary to hire
Veterans Justice Outreach Specialists pursuant to
subsection (a)(1), including the total number of Veterans
Justice Outreach Specialists hired by the Secretary
pursuant to such subsection and the number that the
Secretary expects to hire pursuant to such subsection.
(ii) The total number of Veterans Justice Outreach
Specialists assigned to each Department of Veterans Affairs
medical center that participates in the Veterans Justice
Outreach Program, including the number of Veterans Justice
Outreach Specialists hired under subsection (a)(1)
disaggregated by Department of Veterans Affairs medical
center.
(iii) The total number of eligible Department of
Veterans Affairs medical centers that sought placement of a
Veterans Justice Outreach Specialist under subsection
(a)(1), how many Veterans Justice Outreach Specialists each
such center sought, and how many of such medical centers
received no placement of a Veterans Justice Outreach
Specialist under subsection (a)(1).
(iv) For each eligible Department of Veterans Affairs
medical center--
(I) the number of justice-involved veterans who
were served or are expected to be served by a Veterans
Justice Outreach Specialist hired under subsection
(a)(1); and
(II) the number of justice-involved veterans who do
not have access to a Veterans Justice Outreach
Specialist.
(2) Report by comptroller general of the united states.--
(A) In general.--Not later than 3 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the
implementation of this section and the effectiveness of the
Veterans Justice Outreach Program.
(B) Contents.--The report required by subparagraph (A)
shall include the following:
(i) An assessment of whether the Secretary has
fulfilled the Secretary's obligations under this section.
(ii) The number of veterans who are served by Veterans
Justice Outreach Specialists hired under subsection (a)(1),
disaggregated by demographics (including discharge status).
(iii) An identification of any subgroups of veterans
who underutilize services provided under laws administered
by the Secretary, including an assessment of whether these
veterans have access to Veterans Justice Outreach
Specialists under the Veterans Justice Outreach Program.
(iv) Such recommendations as the Comptroller General
may have for the Secretary to improve the effectiveness of
the Veterans Justice Outreach Program.
(e) Definitions.--In this section:
(1) Justice team.--The term ``justice team'' means the group of
individuals, which may include a judge, court coordinator,
prosecutor, public defender, treatment provider, probation or other
law enforcement officer, program mentor, and Veterans Justice
Outreach Specialist, who assist justice-involved veterans in a
veterans treatment court or other veteran-focused court.
(2) Justice-involved veteran.--The term ``justice-involved
veteran'' means a veteran with active, ongoing, or recent contact
with some component of a local criminal justice system.
(3) Local criminal justice system.--The term ``local criminal
justice system'' means law enforcement, jails, prisons, and
Federal, State, and local courts.
(4) Veterans justice outreach program.--The term ``Veterans
Justice Outreach Program'' means the program through which the
Department of Veterans Affairs identifies justice-involved veterans
and provides such veterans with access to Department services.
(5) Veterans justice outreach specialist.--The term ``Veterans
Justice Outreach Specialist'' means an employee of the Department
of Veterans Affairs who serves as a liaison between the Department
and the local criminal justice system on behalf of a justice-
involved veteran.
(6) Veterans treatment court.--The term ``veterans treatment
court'' means a State or local court that is participating in the
veterans treatment court program (as defined in section 2991(i)(1)
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797aa(i)(1))).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Veterans Treatment Court Improvement Act of 2018 (Sec. 2) This bill requires the Department of Veterans Affairs (VA) to hire at least 50 Veterans Justice Outreach Specialists under the Veterans Justice Outreach Program. Each of these specialists must serve as part of a justice team in a veterans treatment court or other veteran-focused court. A specialist hired under this bill must be placed at a VA medical center that: complies with VA guidelines for specialist placement, works within a local criminal justice system with justice-involved veterans, maintains an affiliation with one or more veterans treatment courts or other veteran-focused courts, and provides specialists or establishes a VA-approved plan to provide specialists to serve as part of a justice team. The VA shall prioritize the placement of these specialists at medical centers that have an affiliation with a court that was established after this bill's enactment or is not fully staffed with specialists. The Government Accountability Office shall report to Congress on the effectiveness of the Veterans Justice Outreach Program. | {"src": "billsum_train", "title": "Veterans Treatment Court Improvement Act of 2017"} | 1,522 | 216 | 0.78144 | 2.020644 | 0.883101 | 3.929648 | 6.98995 | 0.884422 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon and Fisheries
Predation Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are 13 groups of salmon and steelhead that are
listed as threatened species or endangered species under the
Endangered Species Act of 1973 that migrate through the lower
Columbia River.
(2) The people of the Northwest United States are united in
their desire to restore healthy salmon and steelhead runs, as
they are integral to the region's culture and economy.
(3) The Columbia River treaty tribes retain important
rights with respect to salmon and steelhead.
(4) Federal, State, and tribal governments have spent
billions of dollars to assist the recovery of Columbia River
salmon and steelhead populations.
(5) One of the factors impacting salmonid populations is
increased predation by marine mammals, including California sea
lions.
(6) The population of California sea lions has increased 6-
fold over the last 3 decades, and is currently greater than
250,000 animals.
(7) In recent years, more than 1,000 California sea lions
have been foraging in the lower 145 miles of the Columbia River
up to Bonneville Dam during the peak spring salmonid run before
returning to the California coast to mate.
(8) The percentage of the spring salmonid run that has been
eaten or killed by California sea lions at Bonneville Dam has
increased 7-fold since 2002.
(9) In recent years, California sea lions have with greater
frequency congregated near Bonneville Dam and have entered the
fish ladders.
(10) These California sea lions have not been responsive to
extensive hazing methods employed near Bonneville Dam to
discourage this behavior.
(11) The process established under the 1994 amendment to
the Marine Mammal Protection Act of 1972 to address aggressive
sea lion behavior is protracted and will not work in a timely
enough manner to protect threatened and endangered salmonids in
the near term.
(12) In the interest of protecting Columbia River
threatened and endangered salmonids, a temporary expedited
procedure is urgently needed to allow removal of the minimum
number of California sea lions as is necessary to protect the
passage of threatened and endangered salmonids in the Columbia
River and its tributaries.
(13) On December 21, 2010, the independent Pinniped-Fishery
Interaction Task Force recommended lethally removing more of
the California sea lions in 2011.
(14) On August 18, 2011, the States of Washington, Oregon,
and Idaho applied to the National Marine Fisheries Service,
under section 120(b)(1)(A) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1389(b)(1)(A)), for the lethal removal of
sea lions that the States determined are having a ``significant
negative impact'' on the recovery of Columbia River and Snake
River salmon and steelhead.
(15) On September 12, 2011, the National Marine Fisheries
Service announced it was accepting the States' application for
lethal removal of sea lions and that it would reconvene the
Pinniped-Fishery Interaction Task Force to consider the States'
application. This Act will ensure the necessary authority for
permits under the Marine Mammal Protection Act of 1972 to be
issued in a timely fashion.
(16) During a June 14, 2011, hearing, the Committee on
Natural Resources of the House of Representatives received
testimony from State and tribal witnesses expressing concern
that significant pinniped predation of important Northwest fish
resources other than salmonids is severely impacting fish
stocks determined by both Federal and State fishery management
agencies to be at low levels of abundance, and that this cannot
be addressed by section 120 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1389), which as in effect before the
enactment of this Act restricted control of predatory
pinnipeds' impact only with respect to endangered salmonids.
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 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1389) is amended by striking subsection (f) and inserting the
following:
``(f) Temporary Marine Mammal Removal Authority on the Waters of
the Columbia River or Its Tributaries.--
``(1) Removal authority.--Notwithstanding any other
provision of this Act, the Secretary may issue a permit to an
eligible entity authorizing the intentional lethal taking on
the waters of the Columbia River and its tributaries of sea
lions that are part of a healthy population that is not listed
as an endangered species or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), to
protect endangered and threatened species of salmon and other
nonlisted fish species.
``(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 Secretary shall approve or deny an application for
a permit under this subsection by not later than 30
days after receiving the application.
``(C) Duration of permit.--A permit under this
subsection shall be effective for no more than one year
after the date it is issued, but may be renewed by the
Secretary.
``(3) Limitations.--
``(A) Limitation on permit authority.--Subject to
subparagraph (B), a permit issued under this subsection
shall not authorize the lethal taking of more than 10
sea lions during the duration of the permit.
``(B) Limitation on annual takings.--The cumulative
number of sea lions authorized to be taken each year
under all permits in effect under this subsection shall
not exceed one percent of the annual potential
biological removal level.
``(4) Delegation of permit authority.--Any eligible entity
may delegate to any other eligible entity the authority to
administer its permit authority under this subsection.
``(5) NEPA.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
not apply with respect to this subsection and the issuance of
any permit under this subsection during the 5-year period
beginning on the date of the enactment of this subsection.
``(6) Suspension of permitting authority.--
``If, 5 years after enactment, 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, may suspend the issuance of
permits under this subsection.
``(7) Eligible entity defined.--In this subsection, the
term `eligible entity' means each of the State of Washington,
the State of Oregon, the State of 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, and the
Columbia River Inter-Tribal Fish Commission''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) preventing predation by sea lions, recovery of listed
salmonid stocks, and preventing future listings of fish stocks
in the Columbia River is a vital priority;
(2) permit holders exercising lethal removal authority
pursuant to the amendment made by this Act should be trained in
wildlife management; and
(3) the Federal Government should continue to fund lethal
and nonlethal removal measures for preventing such predation.
SEC. 5. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
Nothing in this Act or the amendment made by this Act shall be
construed to affect or modify any treaty or other right of any
federally recognized Indian tribe. | (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Endangered Salmon and Fisheries Predation Prevention Act - Amends the Marine Mammal Protection Act of 1972 to authorize the Secretary of the department in which the National Oceanic and Atmospheric Administration (NOAA) is operating to issue one-year permits to 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, and the Columbia River Inter-Tribal Fish Commission for the lethal taking on the waters of the Columbia River or its tributaries of sea lions that are part of a healthy population that is not listed as an endangered species or threatened species under the Endangered Species Act of 1973 in order to protect endangered and threatened species of salmon and other nonlisted fish species. Authorizes the Secretary to renew such permits.
Prohibits such a permit from authorizing the lethal taking of more than 10 sea lions. Limits the cumulative annual taking of sea lions each year under all such permits to 1% of the annual potential biological removal level.
Provides that environmental impact statement requirements under the National Environmental Policy Act of 1969 (NEPA) do not apply with respect to this Act and the issuance of any such permits during the five-year period that begins on this Act's enactment.
Authorizes the Secretary to suspend the issuance of such permits if, after five years, lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation.
Expresses the sense of Congress that: (1) preventing predation by sea lions, recovery of listed salmonid stocks, and preventing future listings of fish stocks in the Columbia River is a vital priority; (2) permit holders exercising lethal removal authority should be trained in wildlife management; and (3) the government should continue to fund lethal and nonlethal removal measures for preventing such predation. | {"src": "billsum_train", "title": "To amend the Marine Mammal Protection Act of 1972 to reduce predation on endangered Columbia River salmon and other nonlisted species, and for other purposes."} | 1,797 | 474 | 0.641517 | 2.157497 | 0.623213 | 5.21039 | 4.093506 | 0.919481 |
SECTION 1. COORDINATED SERVICES FOR STUDENTS AND FAMILIES.
Chapter 1 of title I of the Elementary and Secondary Education Act
of 1965 is amended by inserting after part F the following new part:
``PART G--COORDINATED SERVICES FOR SCHOOL STUDENTS AND FAMILIES
``SEC. 1493. CONGRESSIONAL FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) there are influences outside of school which affect
the ability of a child to achieve academically;
``(2) factors such as hunger, homelessness, unemployment,
and drug and alcohol abuse affect family relationships and the
ability of a child to learn;
``(3) access to health and social service programs can
assist children and their families and improve the ability of
the family to take an active role in their child's education;
``(4) schools are in a unique position to identify the
needs of their students and their families and to coordinate
programs to meet such needs; and
``(5) coordination of health and social service programs
with education can help the Nation meet the National Education
Goals and ensure better outcomes for children.
``(b) Purposes.--The purpose of this part is to provide elementary
and secondary school students and their families better access to the
social, health, and education services necessary for the students to
succeed in school and the family to take an active role in ensuring
that the child receives the best possible education.
``SEC. 1494. ELIGIBLE ENTITIES.
``The Secretary of Education is authorized to make grants under
this part to a local educational agency to conduct model programs--
``(1) in schools that serve not less than 30 percent of
families who meet poverty criteria based on the best available
data to the State and local educational agency; and
``(2) schools that meet the criteria established under
paragraph (1) which are in partnership with community-based
organizations if the local educational agency is responsible
for fiscal administration.
``SEC. 1495. PROGRAM AUTHORIZED.
``(a) In General.--In carrying out the program under this part,
funds made available to local educational agencies for the use of
eligible schools and in certain cases by eligible schools in
partnership with community-based organizations, shall be used to pay
the Federal share of the cost of providing coordinated social, health
and education services to students and their families which may include
hiring a coordinator of services if necessary, minor renovation of
existing buildings, and equipment purchases.
``(b) Program Elements.--Programs should be tailored to meet the
needs of the community served, but may include the coordinated
provision of--
``(1) nutrition assistance;
``(2) health care assistance;
``(3) housing assistance;
``(4) drug and alcohol prevention or rehabilitation
services;
``(5) education and training programs;
``(6) energy assistance; and
``(7) other social services.
``(c) Location.--Coordination and delivery of services may take
place in school facilities during or after school hours or may be
located in an outreach facility that is centrally located for access by
students and their families.
``(d) Federal Share.--(1) The Federal share under this part may
be--
``(A) not more than 90 percent for the first year;
``(B) not more than 70 percent in the second year;
``(C) not more than 50 percent in the third and fourth
years; and
``(D) not more than 25 percent in any subsequent year.
``(2) The remaining cost of a project that receives assistance
under this part may be paid from any source other than from funds made
available for programs under this part.
``(3) The Secretary may waive, in whole or in part, the requirement
that all or part of the remaining cost described in paragraph (1) be
obtained from sources other than funds made available under this part
if a local educational agency--
``(A) demonstrates that it otherwise would not be able to
participate in the program under this part; and
``(B) negotiates with the Secretary with respect to the
amount of the remaining cost to which the waiver would be
applicable.
``SEC. 1496. APPLICATIONS.
``(a) Notification.--The Secretary shall notify schools that meet
the criteria established under section 1494 regarding the availability
of grants under this part.
``(b) Submission.--To be eligible to receive a grant under this
part, a local educational agency shall submit an application to the
Secretary in such form and containing such information as the Secretary
may reasonably require.
``(c) Requirements.--An application submitted under subsection (b)
shall include--
``(1) assurances that projects developed with funds
received under this part shall not be used to duplicate
existing services or programs that are accessible to families
who meet the criteria established under section 1494;
``(2) documentation that an assessment has been made to
determine the needs of families in the schools community;
``(3) documentation that broad-based community support is
available for such a program;
``(4) a description of new services to be provided;
``(5) a description of how existing services or projects
will be coordinated with new projects;
``(6) a description of how on and off campus services or
projects will be integrated, promoted, and made accessible; and
``(7) a description of how services will continue once
Federal funds are not available under this part.
``SEC. 1497. GRANT SELECTION.
``(a) Grant Selection.--The Secretary shall consider the following
factors in awarding grants to local educational agencies:
``(1) The need for the coordination of services in such
community.
``(2) The geographic distribution of grants, including
urban and rural areas.
``(3) The ability of grantees to serve as models for other
programs.
``(b) Renewal of Grants.--A grant under this part is for a 4-year
period, and can be renewed for only one additional 2-year period.
``SEC. 1498. REPORTS.
``(a) Report to Secretary.--Each local educational agency that
receives assistance under this part shall submit an annual report to
the Secretary that describes the activities and projects established
with funds under this part.
``(b) Reports to Congress.--The Secretary shall submit to Congress
a report each year which describes and evaluates the projects
established with funds under this part.
``SEC. 1499. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $20,000,000 for fiscal
year 1994, and such sums as may be necessary for each of the fiscal
years 1995 through 1999 to carry out the projects under this part.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a model grant program to provide coordinated social, health, and education services to elementary and secondary school students and their families (under the chapter 1 title I programs for educationally disadvantaged children).
Authorizes the Secretary of Education to make such grants to selected local educational agencies (LEAs) to conduct model programs in schools where at least 30 percent of families meet poverty criteria and in such schools in partnership with community-based organizations if the LEA is responsible for fiscal administration.
Sets forth program elements, Federal share, application, selection, and reporting requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to establish a grant program to provide coordinated and comprehensive services to elementary and secondary students and families."} | 1,466 | 136 | 0.520143 | 1.377671 | 0.672899 | 2.373984 | 11.739837 | 0.861789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Reprocessed Medical Devices Act
of 2002''.
SEC. 2. PURPOSE.
The purpose of this Act is to--
(1) increase the safety and medical devices labeled as
single-use devices that are reprocessed for additional use;
(2) provide health professionals with more accurate
information on the medical devices that they are using; and
(3) provide the Food and Drug Administration with more
accurate information on adverse events that may be caused by
device failure.
SEC. 3. DEVICE REPROCESSING AND REUSE.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(u)(1) The reprocessing for reuse of a device (including the
manufacture or repeated manufacture of a previously used device) that
is intended for use on a single patient, unless such reprocessed
device--
``(A)(i) is subject to an order under section 515 approving
the reprocessed device as safe and effective for the number of
intended uses by the reprocessor as set forth in its
submission, or
``(ii) is subject to an order determining that the
reprocessed device is substantially equivalent under
subsections (f) and (i) of section 513 to a legally marketed
device, specifically taking into account the number of uses
specified in the label of the reprocessed device;
``(B) is labeled with the number of times the device has
been reprocessed;
``(C) prominently and conspicuously bears the name of the
reprocessor and the original manufacturer of the device, a
generally recognized abbreviation of such names, or a unique
and generally recognized symbol identifying such manufacturers,
except that the Secretary may waive any requirement under this
subparagraph with respect to a device if the Secretary
determines that compliance with the requirement is not feasible
or would compromise the provision of reasonable assurance of
the safety or effectiveness of the device; and
``(D) prominently and conspicuously bears on its label the
following statement: `Reprocessed device for single use
reprocessed by ________________' (the name of the reprocessor
shall be placed in the blank space to identify the person
responsible for reprocessing).
``(2)(A) Not later than 60 days after the date of enactment of this
subsection, the Secretary shall review each reprocessed device that is
exempt on such date from the requirement to submit a report under
section 510(k) and shall--
``(i) in the case of an exempt class I reprocessed device,
determine whether the device is intended for a use which is of
substantial importance in preventing impairment of human health
or presents a potential unreasonable risk of illness or injury,
including a review of the risks presented by reprocessing the
device; and
``(ii) in the case of an exempt class II reprocessed
device, determine whether such a report is necessary to assure
the safety and effectiveness of the devices, including a review
of the risks presented by reprocessing the device.
The Secretary shall solicit public comment during such 60 day period
concerning whether each device should remain exempt.
``(B) Based on the finding of the review conducted under
subparagraph (A) the Secretary shall, not later than 120 days after
such date of enactment, publish in the Federal Register a list of the
reprocessed devices that are no longer exempt from submission of a
report under section 510(k). The reprocessor of any such device will be
required to make a submission under section 510(k) not later than 120
days after the publication by the Secretary of such list in the Federal
Register.
``(C) During such 120-day period, the Secretary may not determine
that the device is misbranded under subsection (o) or adulterated under
section 501(f)(1)(B) on the basis that such report has not been
submitted to the Secretary. After the submission of the report to the
Secretary, the Secretary may not determine that the device is
misbranded under subsection (o) or adulterated under section
501(f)(1)(B) until the Secretary determines the classification of the
device under section 513 or the Secretary determines that the
submission was insufficient to make a classification.
``(D) Subsection (o) applies with respect to a failure to submit a
report under subsection (k) that is required pursuant to subparagraph
(A), including a failure of the report to include validation data
required in such subparagraph.
``(E) The termination under subparagraph (A) of an exemption under
subsection (l) or (m) for a reprocessed device does not terminate the
exemption under subsection (l) or (m) for the original device.
``(v) The introduction or delivery for introduction into interstate
commerce of a device which was previously used in a patient and labeled
in a manner that represents directly or indirectly that the device is
new or unused.''.
(b) Exemptions.--Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360) is amended--
(1) in subsection (l), by adding at the end the following:
``The Secretary, in determining whether an exemption under this
subsection applies, shall consider whether such an exemption
would also apply to such a device when reprocessed with
consideration given to whether additional risks, if any, from
reprocessing should preclude such an exemption.''; and
(2) in subsection (m), by adding at the end the following:
``(3) The Secretary in determining whether an exemption under this
subsection applies shall consider whether such an exemption would also
apply to such a device when reprocessed with consideration given to
whether additional risks, if any, from reprocessing should preclude
such an exemption.''.
(c) Premarket Notification.--Section 510 of the Federal Food, Drug
and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the
following:
``(o) With respect to reprocessed single-use devices for which
reports are required under subsection (k):
``(1)(A) The Secretary shall identify such devices or types
of devices for which reports under such subsection must, in
order to ensure that the device is substantially equivalent to
a predicate device, include validation data, the types of which
shall be specified by the Secretary, regarding cleaning and
sterilization, and functional performance demonstrating that
the single-use device will remain substantially equivalent to
its predicate device, after the maximum number of times the
device is reprocessed as intended by the person submitting the
premarket notification.
``(B) Not later than 60 days after the date of enactment of
this subsection, the Secretary shall publish in the Federal
Register a list of the device types identified under
subparagraph (A), and shall revise the list as appropriate.
``(C) Reports under subsection (k) for devices or types of
devices within a type included on the list under subparagraph
(B) are, upon publication of the list, required to include such
validation data.
``(2)(A) In the case of each report under subsection (k)
that was submitted to the Secretary prior to the publication of
the initial list under paragraph (1), or any revision thereof,
and that was for a device or type of device included on such
list, the person who submitted the report under subsection (k)
shall submit validation data as described in paragraph (1) to
the Secretary not later than 9 months after the publication of
the list under paragraph (1)(B).
``(B) During the 9-month period described in subparagraph
(A), the Secretary may not take any action under this Act
against a device solely on the basis that the validation data
for the device has not been submitted to the Secretary.
``(C) After the submission of the validation data to the
Secretary, the Secretary may not determine that the device is
misbranded under section 502(o) adulterated under section
501(f)(1)(B), or take action against the device under section
301(p) for failure to provide any information required by
subsection (k) until--
``(i) the review is terminated by withdrawal of the
submission of the report under subsection (k);
``(ii) the Secretary finds the data to be
acceptable and issues a letter; or
``(iii) the Secretary determines that the device is
not substantially equivalent to a predicate device.
Upon a determination that a device is not substantially
equivalent to a predicate device under clause (iii), the device
may no longer be legally marketed.
``(3) In the case of a report under subsection (k) for a
device identified under paragraph (1) that is of a type for
which the Secretary has not previously received a report under
such subsection, the Secretary may, in advance of revising the
list under paragraph (1) to include such type, require that the
report include the validation data specified in paragraph (1).
``(4) Section 502(o) applies with respect to the failure of
a report under subsection (k) to include validation data
required under paragraph (1).''.
(d) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ll) The term `single-use device' means a disposable device that
is intended for one use or use on a single patient in a single
procedure.
``(mm)(1) The term `reprocessed', with respect to a single-use
device, means an original device that was used as intended and then
subsequently was subject to additional processing and manufacturing for
the purpose of an additional single use on a patient. The subsequent
processing and manufacture of a reprocessed single use device shall
result in a device that is reprocessed within the meaning of this
definition.
``(2) A single-use device that meets the definition under paragraph
(1) shall be considered a reprocessed device without regard to any
description of the device used by the manufacturer of the device or
other persons, including a description that uses the term `recycled'
rather than the term `reprocessed'.
``(nn) The term `original device' means a new, unused single use
device.''.
SEC. 4. MEDWATCH.
Not later than 6 months after the date of enactment of this Act,
the Secretary of Health and Human Services shall modify the MEDWATCH
voluntary and mandatory forms to facilitate the reporting of
information by user facilities or distributors as appropriate relating
to reprocessed devices, including the name of the reprocessor and
whether the device has been reused. | Safe Reprocessed Medical Devices Act of 2002 - Classifies as misbranded a device that is reprocessed and intended for use on a single patient, unless such product meets certain requirements, including that it: (1) is labeled with the number of times it has been reprocessed; and (2) prominently and conspicuously bears an identification of the reprocessor and the original manufacturer. Allows the Secretary to waive the latter requirement.Directs the Secretary of Health and Human Services to review, according to specified criteria, a Class I or Class II reprocessed device whose producer is exempt from having to report preceding the device's introduction into state commerce. Requires the Secretary to publish in the Federal Register a list of such devices that are no longer exempt.Declares that the termination of an exemption from reporting requirements for a reprocessed device shall not terminate the exemption for the original device.Directs the Secretary to perform specified duties with respect to those reprocessed single-use devices that require reports, including to require validation data. Prohibits the Secretary from determining that such a device is misbranded or adulterated or from taking action against the device for a failure to provide certain required information unless one of specified conditions are met, including that the device is not substantially equivalent to a predicate device. Prohibits marketing the device if it is not substantially equivalent. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to add requirements regarding device reprocessing and reuse."} | 2,452 | 320 | 0.708934 | 2.166881 | 0.866903 | 3.096386 | 9.008032 | 0.871486 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empower Employees Act of 2014''.
SEC. 2. LABOR ORGANIZATION DUES NOT DEDUCTIBLE FROM PAY.
(a) Agencies Generally.--
(1) In general.--Chapter 71 of title 5, United States Code,
is amended by striking section 7115 and inserting the
following:
``Sec. 7115. Labor organization dues not deductible from pay
``(a) In General.--An agency may not deduct any amount from the pay
of an employee for the dues of a labor organization.
``(b) Restriction.--Appropriated funds may not be used to pay an
employee who makes deductions described in subsection (a).
``(c) Definition.--For purposes of this section, the term `agency'
means--
``(1) an Executive agency (as defined in section 105), the
United States Postal Service, and the Postal Regulatory
Commission;
``(2) an office, agency, or other establishment in the
legislative branch;
``(3) an office, agency, or other establishment in the
judicial branch; and
``(4) the government of the District of Columbia.''.
(2) Clerical amendment.--The table of sections for chapter
71 of title 5, United States Code, is amended by striking the
item relating to section 7115 and inserting the following:
``7115. Labor organization dues not deductible from pay.''.
(b) Postal Service Amendment.--
(1) In general.--Section 1205 of title 39, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections for chapter
12 of title 39, United States Code, is amended by striking the
item relating to section 1205.
SEC. 3. EFFECTIVE DATES; TRANSITION PROVISIONS.
(a) Effective Date.--The amendments made by this Act shall take
effect on the date of enactment of this Act.
(b) Transition Provisions.--
(1) Current deductions for dues of an exclusive
representative.--Nothing in this Act shall, in the case of an
assignment received before the date of enactment of this Act
under subsection (a) of section 7115 of title 5, United States
Code (as then in effect), cause the termination of such
assignment before--
(A) the date on which such assignment is revoked,
in accordance with the last sentence of such subsection
(a) (as last in effect before such date of enactment);
or
(B) if earlier, the date determined under paragraph
(1) or (2) of subsection (b) of such section 7115 (as
last in effect before such date of enactment).
(2) Current deductions for dues of other labor
organizations.--Nothing in this Act shall, in the case of a
voluntary allotment made before the date of enactment of this
Act under subsection (c) of section 7115 of title 5, United
States Code (as then in effect), cause the termination of such
allotment before the date on which the underlying agreement
(under authority of which such allotment is being made) ceases
to have effect, whether by reason of section 7115(c)(2)(B) of
such title 5 (as last in effect before such date of enactment)
or otherwise.
(3) Current deductions for dues of a labor organization
from postal service employees.--Nothing in this Act shall, in
the case of a written assignment received before the date of
enactment of this Act under section 1205 of title 39, United
States Code (as then in effect), cause the termination of such
assignment before the date on which such assignment--
(A) is revoked in accordance with such section (as
last in effect before such date of enactment); or
(B) otherwise expires.
(c) Nonrenewability.--
(1) In general.--An agreement between an agency and a labor
organization, entered into before the date of enactment of this
Act under subsection (a) or (c) of section 7115 of such title 5
(as then in effect), shall not, to the extent that it relates
to deductions for the payment of dues of such labor
organization, be subject to renewal or extension.
(2) Postal service.--A written assignment received by the
United States Postal Service under section 1205 of title 39,
United States Code (as then in effect) or an agreement between
the United States Postal Service and any organization of
employees in effect pursuant to 1205(b) of such title (as then
in effect), shall not, to the extent that it relates to
deductions for the payment of dues of such organization, be
subject to renewal or extension.
(d) Definitions.--For purposes of this section, the terms
``agency'', ``exclusive representative'', and ``labor organization''
have the meanings given such terms in section 7103 of title 5, United
States Code. | Empower Employees Act of 2014 - Prohibits federal agencies, including executive, legislative, and judicial agencies, the United States Postal Service (USPO), the Postal Regulatory Commission (PRC), and the government of the District of Columbia, from deducting labor organization fees from the salaries of their employees. | {"src": "billsum_train", "title": "Empower Employees Act of 2014"} | 1,138 | 70 | 0.531572 | 1.360755 | 0.45977 | 2.263158 | 17.561404 | 0.824561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 8 Reform, Responsibility,
and Accountability Act of 2012''.
SEC. 2. PROHIBITION OF SECTION 8 RENTAL ASSISTANCE FOR FELONS AND
ILLEGAL ALIENS.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by inserting after subsection (i) the
following new subsection:
``(j) Prohibition of Assistance for Felons.--Notwithstanding any
other provision of law, assistance under this section (including
tenant- and project-based assistance) may not be provided for any
family that includes an individual who--
``(1) at any time, has been convicted of a felony under any
State or Federal law; or
``(2) is unlawfully present in the United States.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply beginning upon the expiration of the 24-month period that begins
on the date of the enactment of this Act.
SEC. 3. 5-YEAR TIME LIMITATION ON SECTION 8 RENTAL ASSISTANCE.
Section 16 of the United States Housing Act of 1937 (42 U.S.C.
1437n) is amended by adding at the end the following new subsection:
``(g) 5-Year Time Limitation on Section 8 Assistance.--
``(1) In general.--Except as otherwise provided in this
subsection and notwithstanding any other provision of this Act,
assistance under section 8 may not be provided on behalf of any
family that includes a member who has previously been provided
such assistance for 60 months (whether or not consecutive) or
longer.
``(2) Exception for elderly and disabled families.--In
determining the number of months for which an individual has
been provided assistance under section 8, for purposes of
paragraph (1), a public housing agency shall disregard any
month during which such individual was a member of a disabled
or elderly family so assisted.
``(3) Applicability.--
``(A) In general.--This subsection shall apply
beginning upon the expiration of the 24-month period
that begins on the date of the enactment of the Section
8 Reform, Responsibility, and Accountability Act of
2012.
``(B) Treatment of assistance before effective date
of limitation.--Except as provided in subparagraph (C),
any months that commenced before the expiration of such
period shall be considered for purposes of determining,
pursuant to paragraph (1), the number of months for
which an individual has been provided assistance under
section 8.
``(C) Two-year safe harbor after effective date.--
For purposes of paragraph (1), the maximum number of
months that commenced before the expiration of such 24-
month period that any individual may be considered to
have been provided assistance under section 8, shall be
36.''.
SEC. 4. WORK REQUIREMENTS FOR SECTION 8 RENTAL ASSISTANCE.
Section 16 of the United States Housing Act of 1937 (42 U.S.C.
1437n), as amended by the preceding provisions of this Act, is further
amended by adding at the end the following new subsection:
``(h) Work Requirement for Assisted Families Receiving Section 8
Assistance.--
``(1) In general.--Except as provided in this subsection
and notwithstanding any other provision of this Act, assistance
under section 8 may not be provided on behalf of any family,
unless each member of the family who is 18 years of age or
older performs not fewer than 20 hours of work activities (as
such term is defined in section 407(d) of the Social Security
Act (42 U.S.C. 607(d))) per week.
``(2) Exemptions.--The Secretary of Housing and Urban
Development shall provide an exemption from the applicability
of paragraph (1) for any individual family member who--
``(A) is 62 years of age or older;
``(B) is a blind or disabled individual, as defined
under section 216(i)(1) or 1614 of the Social Security
Act (42 U.S.C. 416(i)(1); 1382c), and who is unable to
comply with this section, or is a primary caretaker of
such individual;
``(C) meets the requirements for being exempted
from having to engage in a work activity under the
State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or under
any other welfare program of the State in which the
public housing agency administering rental assistance
described in paragraph (1) is located, including a
State-administered welfare-to-work program;
``(D) is in a family receiving assistance under a
State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or under
any other welfare program of the State in which the
public housing agency administering such rental
assistance is located, including a State-administered
welfare-to-work program, and has not been found by the
State or other administering entity to be in
noncompliance with such program; or
``(E) is a single custodial parent caring for a
child who has not attained 6 years of age, and the
individual proves that the individual has a
demonstrated inability (as determined by the State) to
obtain needed child care, for one or more of the
following reasons:
``(i) Unavailability of appropriate child
care within a reasonable distance from the
individual's home or work site.
``(ii) Unavailability or unsuitability of
informal child care by a relative or under
other arrangements.
``(iii) Unavailability of appropriate and
affordable formal child care arrangements.
``(3) Administration.--A public housing agency providing
rental assistance described in paragraph (1) may administer the
work activities requirement under this subsection directly,
through a resident organization, or through a contractor having
experience in administering work activities programs within the
service area of the public housing agency. The Secretary may
establish qualifications for such organizations and
contractors.
``(4) Participation of nonprofit employment and work
development organizations.--In administering this subsection,
each public housing agency shall provide for the active
participation of nonprofit employment assistance and training
organizations and nonprofit work development organizations in
assisting families receiving rental assistance under section 8,
in accordance with such requirements as the Secretary shall
establish.
``(5) Applicability.--This subsection shall apply beginning
upon the expiration of the 24-month period that begins on the
date of the enactment of the Section 8 Reform, Responsibility,
and Accountability Act of 2012.''.
SEC. 5. PREFERENCE FOR PROVIDING SECTION 8 RENTAL ASSISTANCE TO
VETERANS.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended--
(1) in subsection (d)(1)(A)--
(A) by inserting after ``except that'' the
following: ``each public housing agency shall give
preference to families that include a member who is a
veteran as such term is defined in section 101 of title
38, United States Code) who will reside in the dwelling
unit assisted, and except that''; and
(B) by inserting after ``local preferences,'' the
following: ``which shall be subordinate to the
preference for veterans and shall be''; and
(2) in subsection (o)--
(A) in paragraph (6)(A)--
(i) in clause (ii)--
(I) by striking ``this
subparagraph'' and inserting ``clause
(ii)''; and
(II) by inserting before the period
at the end the following: ``, and shall
be subordinate to the preference
established under clause (i)'';
(ii) by redesignating clauses (i) and (ii)
(as so amended) as clauses (ii) and (iii),
respectively; and
(iii) by inserting before clause (ii) (as
so redesignated by clause (ii) of this
subparagraph) the following new clause:
``(i) Required preference for veterans.--In
making tenant-based assistance under this
subsection available on behalf of eligible
families, each public housing agency shall give
preference to families that include a member
who is a veteran (as such term is defined in
section 101 of title 38, United States Code)
who will reside in the dwelling unit
assisted.''; and
(B) in paragraph (13)(J)--
(i) by striking ``The agency'' and
inserting the following: ``In selecting
families to receive project-based assistance
pursuant to this paragraph, the agency shall
give preference to families that include a
member who is a veteran (as such term is
defined in section 101 of title 38, United
States Code) who will reside in the unit. In
addition, the agency''; and
(ii) by inserting after ``section 5A'' the
following: ``, except that any such preferences
established pursuant to this sentence shall be
subordinate to the preference established by
the preceding sentence.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply beginning upon the date of the enactment of this Act.
SEC. 6. TERMINATION OF SECTION 8 ASSISTANCE AND TERMINATION OF TENANCY
IN ASSISTED UNITS.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by inserting after subsection (k) the following new
subsection:
``(l) Termination of Assistance and Tenancy.--Notwithstanding any
other provision of this section or of chapter 1 or 8 of the handbook of
the Secretary entitled `Occupancy Requirements of Subsidized
Multifamily Housing Programs', as in effect on May 18, 2011 (HUD
Handbook 4350.3 REV-1), the provisions of chapter 8 (relating to
termination of housing assistance and termination of tenancy) shall
apply with respect to any housing assistance provided under this
section, any housing assistance payments contract pursuant to this
section, and any tenant of a unit assisted under this section.''.
SEC. 7. TREATMENT OF STATE AND LOCAL LAWS.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by inserting after subsection (l), as added by the
preceding provisions of this Act, the following new subsection:
``(m) Treatment of State and Local Laws.--No provision of this Act
or of any housing assistance payments contract under this section may
be construed to annul, alter, affect, or exempt any person or housing
assisted under this section or such a contract from complying with the
laws of any State or political subdivision of a State.''.
SEC. 8. SENSE OF THE CONGRESS REGARDING THE MOVING TO WORK PROGRAM.
It is the sense of the Congress that the Moving to Work
demonstration program of the Department of Housing and Urban
Development under section 204 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1996 (42 U.S.C. 1437f note) should be expanded to
include significantly more public housing agencies.
SEC. 9. USE OF UNSPENT HOUSING ASSISTANCE PAYMENTS CONTRACT AMOUNTS FOR
COMPLIANCE MEASURES.
Amounts provided by the Secretary of Housing and Urban Development
to a public housing agency under an annual contributions contract for
rental assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) that remain unused for housing assistance
payments contracts may be used by such agency for actions--
(1) to monitor compliance of owners of housing assisted
under such section and tenants of such housing with all laws
and regulations relating to such assistance; and
(2) to enforce violations of such laws and regulations.
SEC. 10. PUBLIC AVAILABILITY OF PHA PLANS.
(a) In General.--Section 5A of the United States Housing Act of
1937 (42 U.S.C. 1437c-1) is amended by adding at the end the following
new subsection:
``(m) Public Availability of Plan.--Each public housing agency that
has a public housing agency plan approved under this section shall make
the approved plan (and any approved modifications and amendments to
such plan) publicly available for inspection during regular business
hours at the offices of the agency and in electronic form by means of
the World Wide Web.''.
(b) Applicability.--Subsection (m) of section 5A of the United
States Housing Act of 1937, as added by the amendment made by
subsection (a), shall apply beginning upon the date of the enactment of
this Act. | Section 8 Reform, Responsibility, and Accountability Act of 2012 - Amends the United States Housing Act of 1937 (USHA) to prohibit section 8 rental assistance (including tenant- and project-based assistance) from being provided to any family that includes a convicted felon or illegal alien.
Places a five-year limitation on section 8 rental assistance, disregarding any month during which such individual was a member of a disabled or elderly family so assisted.
Prohibits such assistance on behalf of any family, unless each member of the family who is 18 years of age or older performs at least 20 hours of work activities per week.
Requires the Secretary of Housing and Urban Development (HUD) to exempt from such prohibition any individual family member who meets certain requirements.
Requires a public housing agency (PHA), in providing such housing assistance, to give preference to families that include a member who is a veteran that will reside in the dwelling unit.
Declares that requirements relating to termination of housing assistance and termination of tenancy shall apply to any section 8 housing assistance provided, any housing assistance payments contract, and any tenant of a unit assisted.
Prohibits any requirement of USHA, or of any housing assistance payments contract under USHA, from being construed to annul, alter, affect, or exempt any person or housing assisted under it or under such a contract from complying with the laws of any state or local government. Expresses the sense of Congress that the HUD Moving to Work demonstration program under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 should be expanded to include significantly more PHAs.
Authorizes the use of unspent section 8 housing assistance payments for section 8 compliance measures.
Requires approved PHA plans, including modifications and amendments, to be made public at the PHA's office and in electronic form on the World Wide Web. | {"src": "billsum_train", "title": "To reform the program for rental assistance under section 8 of the United States Housing Act of 1937, and for other purposes."} | 2,903 | 423 | 0.568259 | 1.748781 | 0.778684 | 4.781768 | 7.096685 | 0.936464 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Predatory Lending Deterrence Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``affiliate'' and ``subsidiary'' have the
same meanings as in section 2 of the Bank Holding Company Act
of 1956 (12 U.S.C. 1841);
(2) the terms ``appropriate Federal financial supervisory
agency'' and ``regulated financial institution'' have the same
meanings as in section 803 of the Community Reinvestment Act of
1977 (12 U.S.C. 2902); and
(3) the terms ``consumer'', ``creditor'', and ``open end
credit plan'' have the same meanings as in section 103 of the
Truth in Lending Act (15 U.S.C. 1602).
SEC. 3. THRESHOLDS.
Section 103(aa)(1) of the Truth in Lending Act (15 U.S.C.
1602(aa)(1)) is amended--
(1) in subparagraph (A), by striking ``10 percentage'' and
inserting ``8 percentage''; and
(2) in subparagraph (B), by striking clauses (i) and (ii),
and inserting the following:
``(i) 4 percent of the total loan amount,
if the total loan amount is not less than
$20,000; or
``(ii) the lesser of 5 percent of the total
loan amount or $800, if the total loan amount
is less than $20,000, excluding from the amount
of points and fees--
``(I) not more than 2 bona fide
loan discount points payable by the
consumer in connection with the loan
transaction, if the interest rate from
which the interest rate on the loan
will be discounted does not exceed by
more than 1 percentage point the
required net yield for a 90-day
standard mandatory delivery commitment
for a reasonably comparable loan from
either the Federal National Mortgage
Association or the Federal Home Loan
Mortgage Corporation, whichever is
greater; and
``(II) not more than 1 bona fide
loan discount point payable by the
consumer in connection with the loan
transaction, if the interest rate from
which the interest rate on the loan
will be discounted does not exceed by
more than 2 percentage points the
required net yield for a 90-day
standard mandatory delivery commitment
for a reasonably comparable loan from
either the Federal National Mortgage
Association or the Federal Home Loan
Mortgage Corporation, whichever is
greater.''.
SEC. 4. PROHIBITIONS AND LIMITATIONS REGARDING HIGH COST HOME LOANS.
(a) In General.--Section 129 of the Truth in Lending Act (15 U.S.C.
1639) is amended--
(1) in the section heading, by inserting ``high cost''
after ``certain'';
(2) by striking subsections (c) through (k);
(3) by redesignating subsection (l) as subsection (n); and
(4) by inserting after subsection (b) the following:
``(c) Prohibition on Balloon Payments.--
``(1) In general.--A mortgage referred to in section
103(aa) may not contain terms under which any scheduled payment
is more than twice the amount of the average of all other
regular periodic payments.
``(2) Construction.--Paragraph (1) does not prohibit a
payment schedule adjusted for the seasonal or irregular income
of the consumer.
``(d) Prohibition on Negative Amortization.--A mortgage referred to
in section 103(aa) may not contain terms under which the repayment
schedule of regular periodic payments does not cover the full amount of
interest due, causing the principal balance to increase.
``(e) Prohibition on Prepaid Payments.--A mortgage referred to in
section 103(aa) may not contain terms under which more than 2 periodic
payments required under the loan are consolidated and paid in advance
from the loan proceeds provided to the consumer.
``(f) Consideration of Ability To Repay; Mandatory Credit
Counseling.--No creditor may extend a mortgage referred to in section
103(aa) unless--
``(1) at the time at which the loan is consummated, the
total monthly debts of the obligor, including amounts owed
under the loan, do not exceed 50 percent of the monthly gross
income of the obligor, as verified by the credit application,
the financial statement of the obligor, a credit report,
financial information provided to the creditor by or on behalf
of the obligor, or any other reasonable means; and
``(2) the creditor has first received certification that
the consumer has received counseling on the advisability of the
loan transaction from a counselor approved by the United States
Department of Housing and Urban Development, a State housing
financing agency, or other appropriate regulatory agency.
``(g) Requirements for Payments Under Home Improvement Contracts.--
A creditor shall not make a payment to a contractor under a home
improvement contract from amounts extended as credit under a mortgage
referred to in section 103(aa), other than--
``(1) in the form of an instrument that is payable to the
consumer or jointly to the consumer and the contractor; or
``(2) at the election of the consumer, by a third party
escrow agent in accordance with terms established in a written
agreement signed by the consumer, the creditor, and the
contractor before the date of payment.
``(h) Prohibition on Call Provisions.--
``(1) In general.--A mortgage referred to in section
103(aa) may not contain terms that permit the creditor, in the
sole discretion of the creditor, to accelerate repayment of the
indebtedness.
``(2) Construction.--Paragraph (1) does not apply when
repayment of the loan has been accelerated by default, pursuant
to a due-on-sale provision, or pursuant to some other provision
of the loan documents unrelated to the payment schedule.
``(i) Prohibition on Modification or Deferral Fees.--No creditor
may charge a consumer any fee or other charge to modify, renew, extend,
or amend a mortgage referred to in section 103(aa), or to defer any
payment due under the terms of any such mortgage.
``(j) Prohibition on Mandatory Arbitration.--A mortgage referred to
in section 103(aa) may not contain terms that require arbitration of
disputes or that limit in any way the right of the consumer to seek
relief through the judicial process.
``(k) Prohibition on Financing of Fees or Charges.--No creditor may
extend a mortgage referred to in section 103(aa) that directly or
indirectly finances--
``(1) any prepayment fees or penalties payable by the
consumer in a refinancing transaction, if the creditor or an
affiliate of the creditor is also the creditor with respect to
the obligation being refinanced;
``(2) any points or fees; or
``(3) any other charges payable to third parties.
``(l) Prohibition on Benefit From Refinancing Existing Loan With
New Loan.--No creditor may charge a consumer points and fees or other
charges in connection with the extension of a mortgage referred to in
section 103(aa) if the proceeds of the loan are used to refinance an
existing mortgage referred to in section 103(aa) that is held by the
same creditor.
``(m) Securitization.--Any person that purchases (in whole or in
part) an interest in a mortgage referred to in section 103(aa) shall
exercise due diligence before such purchase in determining whether the
requirements of this section have been met with respect to the
mortgage.''.
SEC. 5. ADDITITIONAL DEFINITIONS.
Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended
by adding at the end the following:
``(cc) Affiliate.--The term `affiliate' has the same meaning as in
section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C.
1841(k)).
``(dd) Bona Fide Loan Discount Points.--The term `bona fide loan
discount points' means loan discount points knowingly paid by the
consumer that results in a reduction of the interest rate or time-price
differential applicable to the subject loan, if the amount of the
interest rate reduction purchased by the discount points is reasonable,
as determined by the Board.
``(ee) Points and Fees.--The term `points and fees'--
``(1) means--
``(A) finance charges (other than interest or the
time-price differential), as defined by rule or
regulation of the Board;
``(B) real estate related fees, as defined by rule
or regulation of the Board, but only if the creditor
receives direct or indirect compensation in connection
with the charge, or the charge is paid to an affiliate
of the creditor;
``(C) all compensation paid directly or indirectly
to a mortgage broker, including a broker that
originates a loan in its own name in a table funded
transaction, that is not otherwise included under
subparagraph (A) or (B);
``(D) all premiums financed by the creditor,
directly or indirectly, for any credit life insurance,
credit disability insurance, or credit unemployment
insurance, or any other life or health insurance (other
than insurance premiums calculated and paid on a
monthly basis); and
``(E) all prepayment fees or penalties included in
the loan documents; and
``(2) does not include--
``(A) taxes, filing fees, recording and other
charges and fees paid or to be paid to public officials
for determining the existence of or for perfecting,
releasing, or satisfying a security interest; or
``(B) fees paid to a person other than the creditor
or an affiliate of the creditor, or to the mortgage
broker or an affiliate of the mortgage broker, with
respect to--
``(i) flood certification;
``(ii) pest infestation determinations;
``(iii) appraisals;
``(iv) inspections performed prior to
consummation of the transaction;
``(v) credit reports;
``(vi) surveys;
``(vii) attorneys' fees (if the consumer
has the right to select the attorney from an
approved list or otherwise) or notary fees;
``(viii) escrow charges, if otherwise not
included under subparagraph (A); or
``(ix) title and flood insurance premiums,
subject to the rules and regulations of the
Board.
``(ff) Obligor.--The term `obligor' means each consumer,
coconsumer, cosigner, or guarantor obligated to repay a subject loan or
other debt.
``(gg) Table Funded Transaction.--The term `table funded
transaction' means a settlement at which a mortgage loan is funded by
an advance of loan funds in which there is a subsequent assignment of
the loan from the person identified as the creditor in the loan
documents to the person advancing the funds.
``(hh) Total Loan Amount.--The term `total loan amount' has the
meaning given the term by rule or regulation of the Board.''.
SEC. 6. PROHIBITIONS AND LIMITATIONS REGARDING ALL MORTGAGE LOANS.
(a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.)
is amended by inserting after section 129 the following new section:
``SEC. 129A. REQUIREMENTS AND LIMITATIONS FOR ALL MORTGAGES.
``(a) Prohibition on Prepayment Penalties.--A residential mortgage
transaction may not include terms under which a consumer must pay a
prepayment penalty for paying all or part of the principal before the
date on which the principal is due.
``(b) Limitations With Respect to Default.--
``(1) No encouragement of default.--A creditor may not
recommend or encourage default on an existing loan or other
debt prior to or in connection with a residential mortgage
transaction that refinances all or a portion of that existing
loan or debt.
``(2) No higher rate.--
``(A) In general.--A residential mortgage
transaction may not include terms under which the
interest rate mortgage that applies after default is
higher than the interest rate that applies before
default.
``(B) Construction.--Subparagraph (A) does not
apply to interest rate changes on a variable rate
mortgage loan that result from a change in the annual
percentage rate.
``(c) Prohibition on Financing of Insurance Premiums.--
``(1) In general.--A residential mortgage transaction may
not include terms under which any credit life insurance, credit
disability insurance, credit unemployment insurance, or any
other life or health insurance premiums are financed, directly
or indirectly, under the extension of credit.
``(2) Construction.--For purposes of paragraph (1),
insurance premiums calculated and paid by the consumer on a
monthly basis shall not be considered to be financed by the
creditor, but only if the consumer has the option to cancel the
insurance coverage (and related premiums) at any time.
``(d) Limitation on Refinancing.--No creditor may knowingly or
intentionally engage in the act or practice of entering into a
residential mortgage transaction that refinances an existing mortgage
unless the new extension of credit is of tangible net benefit to the
consumer, after consideration of--
``(1) the terms of both the new and refinanced loans;
``(2) the cost of the new loan; and
``(3) and the ability of the consumer to repay the new
loan.''.
(b) Clerical Amendment.--Chapter 2 of the Truth in Lending Act (15
U.S.C. 1631 et seq.) is amended in the table of contents by inserting
after the item relating to section 129 the following:
``129A. Requirements and limitations for all mortgages.''.
SEC. 7. ENFORCEMENT.
(a) Board of Governors of the Federal Reserve System.--In addition
to any other applicable penalties, any person that violates section 129
of the Truth in Lending Act (15 U.S.C. 1639), as amended by this Act,
shall be subject to the penalties contained in subsections (a) and (b)
of section 8 of the Bank Holding Company Act of 1956 (12 U.S.C. 1847),
and the authority of the Board of Governors of the Federal Reserve
System under those subsections.
(b) Unfair or Deceptive Acts or Practices.--
(1) In general.--A creditor shall be deemed to have engaged
in an unfair or deceptive act or practice under the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) if it
intentionally--
(A) structures a mortgage referred to in section
103(aa) of the Truth in Lending Act (15 U.S.C.
1602(aa)) as an open end credit plan;
(B) provides misleading information to a consumer
or otherwise engages in fraudulent behavior with
respect to such a mortgage; or
(C) engages in any subterfuge in connection with
such a mortgage intended to misrepresent the specific
terms or conditions of the credit agreement.
(2) Enforcement.--All enforcement authority of the Federal
Trade Commission under the Federal Trade Commission Act (15
U.S.C. 41 et seq.) shall apply with respect to an act or
practice described in paragraph (1) in the same manner and to
the same extent that such authority otherwise applies to unfair
or deceptive acts or practices under that Act.
SEC. 8. EFFECT ON OTHER LAWS.
The extension of credit in the form of a mortgage referred to in
section 103(aa) of the Truth in Lending Act (15 U.S.C. 1602(aa)), as
amended by this Act, may not be taken into consideration by the
appropriate Federal financial supervisory agency for purposes of
assessing the record of a regulated financial institution that is the
creditor or an affiliate or subsidiary of the creditor in such
transaction, in meeting the credit needs of its entire community for
purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et
seq.). | (Sec. 4) Sets forth proscriptions and limitations governing high cost home loans including: (1) a proscription against balloon payments; (2) a proscription against a repayment schedule whose regular periodic payments do not cover the full amount of interest due (causing the principal balance to increase); (3) a proscription against prepaid payments; (4) mandatory creditor consideration of debtor's repayment ability; (5) restrictions on creditor's payments under home improvement contracts; (6) a proscription against creditor's sole discretion to accelerate debt repayment; (7) a proscription against modification or deferral fees; (8) a proscription against financing of fees or charges; and (9) a proscription against creditor's benefit from refinancing an existing loan with a new loan.
(Sec. 6) Sets forth additional requirements and limitations for all mortgages, including prohibiting a residential mortgage transaction creditor from: (1) imposing a penalty for prepayment of all or part of the principal; (2) encouraging default on a prior debt or applying a higher post default interest rate mortgage; and (3) financing insurance premiums under the residential mortgage transaction extension of credit.
(Sec. 7) Subjects violations of this Act to certain penalties of the Bank Holding Company Act of 1956 and to the authority of the Board of Governors of the Federal Reserve System.
Subjects certain creditor violations to Federal Trade Commission Act penalties with respect to unfair or deceptive practices. | {"src": "billsum_train", "title": "Predatory Lending Deterrence Act"} | 3,730 | 320 | 0.408873 | 1.264254 | 0.629265 | 2.571429 | 11.678571 | 0.857143 |
SECTION 1. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
Part B of title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by inserting after section 317F the following
section:
``prevention of traumatic brain injury
``Sec. 317G. The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may carry out projects to
reduce the incidence of traumatic brain injury. Such projects may be
carried out by the Secretary directly or through awards of grants or
contracts to public or nonprofit private entities. The Secretary may
directly or through such awards provide technical assistance with
respect to the planning, development, and operation of such projects.
``(b) Certain Activities.--Activities under subsection (a) may
include--
``(1) the conduct of research into identifying effective
strategies for the prevention of traumatic brain injury; and
``(2) the implementation of public information and
education programs for the prevention of such injury and for
broadening the awareness of the public concerning the public
health consequences of such injury.
``(c) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service that carry out activities
regarding traumatic brain injury.
``(d) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.''.
SEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.
Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61)
is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following paragraph:
``(4) the authority to make awards of grants or contracts
to public or nonprofit private entities for the conduct of
basic and applied research regarding traumatic brain injury,
which research may include--
``(A) the development of new methods and modalities
for the more effective diagnosis, measurement of degree
of injury, post-injury monitoring and prognostic
assessment of head injury for acute, subacute and later
phases of care;
``(B) the development, modification and evaluation
of therapies that retard, prevent or reverse brain
damage after acute head injury, that arrest further
deterioration following injury and that provide the
restitution of function for individuals with long-term
injuries;
``(C) the development of research on a continuum of
care from acute care through rehabilitation, designed,
to the extent practicable, to integrate rehabilitation
and long-term outcome evaluation with acute care
research; and
``(D) the development of programs that increase the
participation of academic centers of excellence in head
injury treatment and rehabilitation research and
training.''; and
(2) in subsection (h), by adding at the end the following
paragraph:
``(4) The term `traumatic brain injury' means an acquired
injury to the brain. Such term does not include brain
dysfunction caused by congenital or degenerative disorders, nor
birth trauma, but may include brain injuries caused by anoxia
due to near drowning. The Secretary may revise the definition
of such term as the Secretary determines necessary.''.
SEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
Part E of title XII of the Public Health Service Act (42 U.S.C.
300d-51 et seq.) is amended by adding at the end the following section:
``SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS REGARDING
TRAUMATIC BRAIN INJURY.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, may make grants to
States for the purpose of carrying out demonstration projects to
improve access to health and other services regarding traumatic brain
injury.
``(b) State Advisory Board.--
``(1) In general.--The Secretary may make a grant under
subsection (a) only if the State involved agrees to establish
an advisory board within the appropriate health department of
the State or within another department as designated by the
chief executive officer of the State.
``(2) Functions.--An advisory board established under
paragraph (1) shall advise and make recommendations to the
State on ways to improve services coordination regarding
traumatic brain injury. Such advisory boards shall encourage
citizen participation through the establishment of public
hearings and other types of community outreach programs.
``(3) Composition.--An advisory board established under
paragraph (1) shall be composed of--
``(A) representatives of--
``(i) the corresponding State agencies
involved;
``(ii) public and nonprofit private health
related organizations;
``(iii) other disability advisory or
planning groups within the State;
``(iv) members of an organization or
foundation representing traumatic brain injury
survivors in that State; and
``(v) injury control programs at the State
or local level if such programs exist; and
``(B) a substantial number of individuals who are
survivors of traumatic brain injury, or the family
members of such individuals.
``(c) Matching Funds.--
``(1) In general.--With respect to the costs to be incurred
by a State in carrying out the purpose described in subsection
(a), the Secretary may make a grant under such subsection only
if the State agrees to make available, in cash, non-Federal
contributions toward such costs in an amount that is not less
than $1 for each $2 of Federal funds provided under the grant.
``(2) Determination of amount contributed.--In determining
the amount of non-Federal contributions in cash that a State
has provided pursuant to paragraph (1), the Secretary may not
include any amounts provided to the State by the Federal
Government.
``(d) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
``(e) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service that carry out activities
regarding traumatic brain injury.
``(f) Report.--Not later than 2 years after the date of the
enactment of this section, the Secretary shall submit to the Committee
on Energy and Commerce of the House of Representatives, and to the
Committee on Labor and Human Resources of the Senate, a report
describing the findings and results of the programs established under
this section, including measures of outcomes and consumer and surrogate
satisfaction.
``(g) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 1995 through 1997.''.
SEC. 4. STUDY; CONSENSUS CONFERENCE.
(a) Study.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), acting
through the appropriate agencies of the Public Health Service,
shall conduct a study for the purpose of carrying out the
following with respect to traumatic brain injury:
(A) In collaboration with appropriate State and
local health-related agencies--
(i) determine the incidence and prevalence
of traumatic brain injury; and
(ii) develop a uniform reporting system
under which States report incidents of
traumatic brain injury, if the Secretary
determines that such a system is appropriate.
(B) Identify common therapeutic interventions which
are used for the rehabilitation of individuals with
such injuries, and shall, subject to the availability
of information, include an analysis of--
(i) the effectiveness of each such
intervention in improving the functioning of
individuals with brain injuries;
(ii) the comparative effectiveness of
interventions employed in the course of
rehabilitation of individuals with brain
injuries to achieve the same or similar
clinical outcome; and
(iii) the adequacy of existing measures of
outcomes and knowledge of factors influencing
differential outcomes.
(C) Develop practice guidelines for the
rehabilitation of traumatic brain injury at such time
as appropriate scientific research becomes available.
(2) Dates certain for reports.--
(A) Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to
the Committee on Energy and Commerce of the House of
Representatives, and to the Committee on Labor and
Human Resources of the Senate, a report describing the
findings made as a result of carrying out paragraph
(1)(A).
(B) Not later than 3 years after the date of the
enactment of this Act, the Secretary shall submit to
the Committees specified in subparagraph (A) a report
describing the findings made as a result of carrying
out subparagraphs (B) and (C) of paragraph (1).
(b) Consensus Conference.--The Secretary, acting through the
Director of the National Center for Medical Rehabilitation Research
within the National Institute for Child Health and Human Development,
shall conduct a national consensus conference on managing traumatic
brain injury and related rehabilitation concerns.
(c) Definition.--For purposes of this section, the term ``traumatic
brain injury'' means an acquired injury to the brain. Such term does
not include brain dysfunction caused by congenital or degenerative
disorders, nor birth trauma, but may include brain injuries caused by
anoxia due to near drowning. The Secretary may revise the definition of
such term as the Secretary determines necessary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 1995 through 1997. | Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to carry out projects to reduce the incidence of traumatic brain injury through grants or contracts to public or nonprofit entities. Authorizes the following activities: (1) the conduct of research into identifying effective strategies for the prevention of traumatic brain injury; and (2) the implementation of public information and education programs for the prevention of such injury and for broadening the awareness of the public concerning the public health consequences of such injury.
(Sec. 2) Requires the National Institutes of Health research program on trauma to include the authority to award grants or contracts to public or nonprofit entities for the conduct of basic and applied research regarding traumatic brain injury.
(Sec. 3) Authorizes the Secretary to make grants to States for the purpose of carrying out demonstration projects to improve access to health and other services regarding traumatic brain injury. Permits the Secretary to make a grant only if the State agrees to establish an advisory board within the appropriate health department or another department of the State. Authorizes appropriations.
(Sec. 4) Directs the Secretary to conduct: (1) a study concerning traumatic brain injuries; and (2) a national consensus conference on managing traumatic brain injury and related rehabilitation concerns. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for the conduct of expanded studies and the establishment of innovative programs with respect to traumatic brain injury, and for other purposes."} | 2,337 | 279 | 0.650588 | 1.790658 | 0.88621 | 5.15415 | 8.664032 | 0.932806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Default Swap Prohibition Act
of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Credit default swaps were conceived as insurance
instruments, used to diffuse risk and increase liquidity
throughout our lending system.
(2) The credit default swap market has grown over the past
decade to include contracts that are entered into by persons
with no economic interest in the contract's underlying
reference event, also known as naked credit default swaps.
(3) Certain parties wrote credit default swap contracts
without posting collateral, leaving them overexposed to certain
asset classes and creating a systemic risk.
(4) Unconnected and uncollateralized speculation creates an
unnecessary risk for our financial system.
(5) Credit default swaps have proved to be harmful
financial instruments and have caused significant wealth
destruction during our economic crisis.
(b) Purpose.--The purposes of this Act are--
(1) to allow the Securities and Exchange Commission to have
oversight over all security-based swap agreements; and
(2) to prevent further damage to our economy by prohibiting
credit default swaps.
SEC. 3. ESTABLISHING SECURITIES AND EXCHANGE COMMISSION OVERSIGHT OF
CREDIT DEFAULT SWAPS.
(a) Definition of Credit Default Swap.--
(1) Section 2(a) of the Securities Act of 1933 (15 U.S.C.
77b(a)) is amended by adding at the end the following:
``(17) Credit default swap.--The term `credit default swap'
means--
``(A) a swap agreement (as such term is defined in
section 206A of the Gramm-Leach-Bliley Act) that
protects a party to such agreement against the risk of
a loss of value because of the occurrence or non-
occurrence of an event or contingency specified in such
agreement relating to a security, loan, or other
reference asset; and
``(B) such other forms of credit risk protection as
the Commission may, by rule, prescribe as necessary or
appropriate in the public interest or for the
protection of investors.''.
(2) Section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)) is amended by adding at the end the following:
``(65) Credit default swap.--The term `credit default swap'
means--
``(A) a swap agreement (as such term is defined in
section 206A of the Gramm-Leach-Bliley Act) that
protects a party to such agreement against the risk of
a loss of value because of the occurrence or non-
occurrence of an event or contingency specified in such
agreement relating to a security, loan, or other
reference asset; and
``(B) such other forms of credit risk protection as
the Commission may, by rule, prescribe as necessary or
appropriate in the public interest or for the
protection of investors.''.
(b) Securities Act Jurisdiction Over Swaps.--Section 2A(b) of the
Securities Act of 1933 (15 U.S.C. 77b-1(b)) is amended--
(1) in paragraph (1), by striking ``does not'' and
inserting ``shall'';
(2) by amending paragraph (2) to read as follows:
``(2) The Commission may require the registration of any
security-based swap agreement under this title.''; and
(3) by amending paragraph (3) to read as follows:
``(3) The Commission may promulgate rules, interpret rules,
enforce rules, and issue orders of general applicability under
this title in a manner that imposes or specifies reporting or
recordkeeping requirements, procedures, or standards as
prophylactic measures against fraud, manipulation, or insider
trading with respect to any security-based swap agreement.''.
(c) Securities Exchange Act Jurisdiction Over Swaps.--Section 3A(b)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c-1(b)) is
amended--
(1) in paragraph (1), by striking ``does not'' and
inserting ``shall'';
(2) by amending paragraph (2) to read as follows:
``(2) The Commission may require registration of any
security-based swap agreement under this title.''; and
(3) by amending paragraph (3) to read as follows:
``(3) The Commission may promulgate rules, interpret rules,
enforce rules, and issue orders of general applicability under
this title in a manner that imposes or specifies reporting or
recordkeeping requirements, procedures, or standards as
prophylactic measures against fraud, manipulation, or insider
trading with respect to any security-based swap agreement.''.
(d) Technical and Conforming Amendment.--
(1) Section 17 of the Securities Act of 1933 (15 U.S.C.
77q) is amended by striking subsection (d).
(2) Section 9 of the Securities Exchange Act of 1934 (15
U.S.C. 78i) is amended by striking subsection (i).
(3) Section 15 of the Securities Exchange Act of 1934 (15
U.S.C. 78o) is amended by striking subsection (i) (as added by
section 303(f) of the Commodity Futures Modernization Act of
2000).
(4) Section 16 of the Securities Exchange Act of 1934 (15
U.S.C. 78p) is amended by striking subsection (g).
(5) Section 20 of the Securities Exchange Act of 1934 (15
U.S.C. 78t) is amended by striking subsection (f).
(6) Section 21A of the Securities Exchange Act of 1934 (15
U.S.C. 78u-1) is amended by striking subsection (g).
SEC. 4. PROHIBITION ON CREDIT DEFAULT SWAPS.
The Securities Exchange Act of 1934 is amended by inserting after
section 7 (15 U.S.C. 78g) the following new section:
``SEC. 7A. PROHIBITION ON CREDIT DEFAULT SWAPS.
``It shall be unlawful for any person to enter into a credit
default swap agreement or contract.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect with
respect to swap agreements (as such term is defined in section 206A of
the Gramm-Leach-Bliley Act) and credit default swaps (as such term is
defined in section 3(a)(65) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(65))) entered into after the end of the 180-day period
beginning on the date of the enactment of this Act. | Credit Default Swap Prohibition Act of 2009 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to grant the Securities and Exchange Commission (SEC) regulatory jurisdiction over any security-based swap agreement, including authority to issue, interpert, and enforce rules and orders in a manner that imposes prophylactic measures against fraud, manipulation, or insider trading.
Defines credit default swap as: (1) a swap agreement that protects a party to it against the risk of a loss of value because of the occurrence or non-occurrence of an event or contingency specified in the agreement relating to a security, loan, or other reference asset; and (2) such other forms of credit risk protection as the SEC may, by rule, prescribe as necessary or appropriate in the public interest or for the protection of investors.
Authorizes the SEC to require registration of any security-based swap agreement.
Amends the Securities Exchange Act of 1934 to declare it unlawful for any person to enter into a credit default swap agreement or contract. | {"src": "billsum_train", "title": "To amend the securities laws to prohibit credit default swaps and to provide the Securities and Exchange Commission with the authority to regulate swap agreements."} | 1,513 | 229 | 0.636248 | 1.817575 | 0.909719 | 5.233831 | 6.621891 | 0.945274 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Work Opportunity Credit Improvements
Act''.
SEC. 2. THREE-YEAR EXTENSION OF WORK OPPORTUNITY TAX CREDIT.
(a) In General.--Subparagraph (B) of section 51(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2011'' and inserting ``December 31, 2014''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after December 31, 2011.
SEC. 3. ALTERNATIVE CERTIFICATION FOR CERTAIN TARGETED GROUPS.
(a) In General.--Paragraph (13) of section 51(d) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(D) Alternative certification for certain
targeted groups.--Notwithstanding subparagraph (A), in
the case of a recently discharged veteran, a qualified
ex-felon, a designated community resident, a vocational
rehabilitation referral, a qualified summer youth, or a
qualified SSI recipient, an individual shall be treated
as having been certified by the local designated agency
as a member of a targeted group if the employer--
``(i) prior to filing a return of tax on
which the employer claims a credit with respect
to such individual, obtains such documentation
relating to the requirements for the targeted
group of which the individual is a member as
would be required by the designated local
agency to be submitted for certification under
subparagraph (A)(i),
``(ii) meets the pre-screening requirement
of subparagraph (A)(ii)(I), and
``(iii) maintains such records relating to
such individual as the Secretary shall by
regulation prescribe.''.
(b) Effective Date.--The amendments made by this section shall
apply to individuals whose hiring date (as defined in section 51(d)(11)
of the Internal Revenue Code of 1986) is on or after the date of the
enactment of this Act.
SEC. 4. WORK OPPORTUNITY CREDIT FOR CERTAIN RECENTLY DISCHARGED
VETERANS.
(a) In General.--Subparagraph (A) of section 51(d)(3) of the
Internal Revenue Code of 1986 is amended by striking ``means any
veteran'' and all that follows and inserting ``means any recently
discharged veteran and any veteran receiving specified benefits.''
(b) Recently Discharged Veteran; Veteran Receiving Specified
Benefits.--Paragraph (3) of section 51(d) of such Code is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively, and
(2) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Recently discharged veteran.--For purposes of
subparagraph (A), the term `recently discharged
veteran' means--
``(i) any individual who has served on
active duty (other than active duty for
training) in the Armed Forces of the United
States for more than 180 days,
``(ii) any individual who has been
discharged or released from active duty in the
Armed Forces of the United States for a
service-connected disability, and
``(iii) any member of the National Guard
who has served for more than 180 consecutive
days of--
``(I) active duty (within the
meaning of title 32, United States
Code) other than for training,
``(II) full-time National Guard
duty (within the meaning of such title
32) other than for training,
``(III) duty, other than inactive
duty or duty for training, in State
status (within the meaning of such
title 32), or
``(IV) any combination of duty
described in subclause (I), (II), or
(III),
who has been discharged or released from such
duty at any time during the 5-year period
ending on the hiring date. Such term shall not
include any veteran who begins work for the
employer before the date of the enactment of
this Act.
``(C) Veteran receiving specified benefits.--For
purposes of subparagraph (A), the term `veteran
receiving specified benefits' means any veteran who is
certified by the designated local agency as--
``(i) being a member of a family receiving
assistance under a supplemental nutrition
assistance program under the Food and Nutrition
Act of 2008 for at least a 3-month period
ending during the 12-month period ending on the
hiring date, or
``(ii) entitled to compensation for a
service-connected disability, and--
``(I) having a hiring date which is
not more than 1 year after having been
discharged or released from active duty
in the Armed Forces of the United
States, or
``(II) having aggregate periods of
unemployment during the 1-year period
ending on the hiring date which equal
or exceed 6 months.''.
(c) Conforming Amendments.--Section 51 of the such Code is
amended--
(1) by striking ``(d)(3)(A)(ii)'' in paragraph (3) of
subsection (b) and inserting ``(d)(3)(C)(ii)'',
(2) by striking ``For purposes of subparagraph (A)'' in
subparagraphs (D) and (E) of subsection (d)(3), as redesignated
by subsection (b), and inserting ``For purposes of subparagraph
(C)'', and
(3) by adding at the end of paragraph (13) of subsection
(d), as amended by this Act the following new subparagraph:
``(E) Pre-screening of recently discharged
veterans.--
``(i) In general.--For purposes of
subparagraph (A), the term `pre-screening
notice' shall include any documentation
provided to an individual by the Department of
Defense or the National Guard upon release or
discharge from the Armed Forces or from service
in the National Guard which includes
information sufficient to establish that such
individual is a recently discharged veteran.
``(ii) Additional certification not
required.--Subparagraph (A) shall be applied
without regard to clause (ii)(II) thereof in
the case of a recently discharged veteran who
provides to the employer documentation
described in clause (i).''.
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply to individuals whose hiring date (as defined in
section 51(d)(11) of the Internal Revenue Code of 1986) is on or after
the date of the enactment of this Act.
(e) Department of Defense Documentation.--
(1) In general.--The Department of Defense and the National
Guard, as applicable, shall provide--
(A) to each individual who is discharged or
released from active duty in the Armed Forces of the
United States on or after the date of the enactment of
this Act; and
(B) to each member of the National Guard who is
released from duty described in section
51(d)(3)(B)(iii) of the Internal Revenue Code of 1986
(as added by this Act) on or after the date of the
enactment of this Act;
in addition to the documentation which, without regard to this
subsection, is provided at the time of such discharge or
release, documentation described in paragraph (4). If the
documentation which is provided without regard to this
subsection at the time of the discharge or release described in
the preceding sentence does not include information sufficient
to satisfy the requirements of section 51(d)(13)(D)(i) of the
Internal Revenue Code of 1986 (as added by this Act), the
Department of Defense or the National Guard, whichever is
applicable, shall provide additional documentation which
includes such information.
(2) Informational briefing as part of preseparation
counseling.--In the case of an individual who is discharged or
released from duty described in subparagraph (A) or (B) of
paragraph (1) after the date of the enactment of this Act, the
Department of Defense or the National Guard, whichever is
applicable, shall inform such individual, as a part of the
individual preseparation counseling required by section 1142 of
title 10, United States Code, of the credit for employment of
recently discharged veterans under section 51 of the Internal
Revenue Code of 1986.
(3) Request for documentation.--The Department of Defense
or the National Guard, whichever is applicable, shall provide
upon request the documentation required by paragraph (1) to any
individual or a third party authorized by the individual who is
discharged or released from duty described in subparagraph (A)
or (B) of such paragraph during the 5-year period preceding and
including the date of the enactment of this Act.
(4) Instructions for use of work opportunity credit.--The
documentation described in this paragraph is a document which
includes--
(A) instructions for an individual to ensure
treatment as a recently discharged veteran for purposes
of section 51(d)(3)(B) of the Internal Revenue Code of
1986 (as added by this Act),
(B) instructions for employers detailing the use of
the credit under such section with respect to such
individual, and
(C) the dates during which the credit under such
section is available.
Such instructions shall be developed in collaboration with the
Internal Revenue Service.
SEC. 5. INCENTIVES TO HIRE HIGH-RISK YOUTHS.
(a) In General.--Subparagraph (A) of section 51(d)(14) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``or disconnected youth'', and
(2) by inserting ``, or any high-risk youth who so begins
work during 2009, 2010, 2011, 2012, 2013, or 2014,'' after
``during 2009 or 2010''.
(b) Conforming Amendments.--
(1) Clause (ii) of section 51(d)(14)(B) of such Code is
amended--
(A) by striking ``disconnected youth'' and
inserting ``high-risk youth'', and
(B) by striking ``Disconnected youth'' in the
heading thereof and inserting ``High-risk youth''.
(2) The heading for section 51(d)(14) of such Code is
amended by striking ``disconnected youth'' in the heading
thereof and inserting ``high-risk youth''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2010. | Work Opportunity Credit Improvements Act - Amends the Internal Revenue Code to: (1) extend through 2014 the work opportunity tax credit, (2) allow employers to certify certain employees as members of a targeted group for purposes of such credit in lieu of obtaining certification from a state employment security agency, (3) expand the definition of "qualified veteran" for purposes of such credit to include any recently discharged veteran and any veteran receiving specified benefits, and (4) allow such credit for the hiring of high-risk youth who begin work during the period of 2009 through 2014.
Directs the Department of Defense (DOD) or the National Guard, as applicable, to provide individuals discharged or released from the Armed Forces or the National Guard with information and documentation necessary for qualifying for the work opportunity tax credit as a recently discharged veteran. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the work opportunity credit."} | 2,383 | 170 | 0.558095 | 1.422174 | 0.734176 | 2.358025 | 13.296296 | 0.876543 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Chance for Youth Act of 2015''.
SEC. 2. YOUTH SEALING AND EXPUNGEMENT.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER D--EXPUNGEMENT AND SEALING OF YOUTH CRIMINAL RECORDS
``Sec.
``3631. Youth Offense Expungement and Sealing Review Board.
``3632. Expungement and sealing for youth.
``3633. Definitions.
``3634. Reporting.
``Sec. 3631. Youth Offense Expungement and Sealing Review Board
``(a) In General.--The Chief Judge for each Federal District shall
establish--
``(1) a Youth Offense Expungement and Sealing Review Board
(hereinafter in this section referred to as the `Review Board')
to review petitions for discretionary expungement and sealing
of youth offenses; and
``(2) the rules and procedures governing the operation of
the Review Board in the exercise of its powers under subsection
(c).
``(b) Composition.--The Review Board shall include one
representative, selected by the Chief Judge to serve without
compensation, from each of the following:
``(1) The Department of Justice.
``(2) The United States Probation and Pretrial Services
System.
``(3) The Office of the Federal Defender or a designated
Criminal Justice Act panel attorney or private criminal defense
attorney.
``(c) Powers.--The Review Board shall--
``(1) review petitions under this subchapter to determine
whether the youth, and the offense on which the petition is
based, meet the eligibility requirements for expungement or
sealing consideration;
``(2) for petitions meeting the eligibility requirements,
evaluate those petitions on the merits in order to make a
recommendation on the advisability of granting the petition;
and
``(3) convey its recommendation, with a written
explanation, to the Chief Judge in each Federal District, or a
designee of the Chief Judge, for consideration.
``(d) Recommendation.--In making its recommendation, the Review
Board--
``(1) shall consider all the evidence and testimony
presented in the petition and any hearings held on the
petition;
``(2) may not consider any arrest or prosecution that did
not result in a conviction and that took place prior to the
conviction or arrest the petitioner is seeking to expunge or
seal; and
``(3) shall balance--
``(A) the public safety, the interest of public
knowledge, and any legitimate interest of the
Government in maintaining the accessibility of the
protected information; against
``(B) the interest of the petitioner in having the
petition granted, including the benefit to the
petition's ability to positively contribute to the
community, and the petitioner's conduct and
demonstrated desire to be rehabilitated.
``(e) Court To Consider and Decide Upon Petitions.--The Court shall
consider and decide upon each petition for which the court receives a
recommendation from the Review Board. The Court's decision to grant or
deny the petition shall give significant weight to the Review Board
recommendation. The Court shall grant the petition unless the
Government shows the interests described in subsection (d)(3)(A)
outweigh the interests of the petitioner described in subsection
(d)(3)(B).
``(f) One Opportunity.--A youth may only file a petition for
expungement or sealing under this subchapter once and the decision of
the district court on the petition shall be final and is not
appealable.
``(g) Online Forms for Petitions.--The Director of the
Administrative Office of the United States Courts shall create and make
available to the public, online and in paper form, a universal form to
file a petition under this section, and establish a process under which
indigent petitioners may obtain a waiver of any fee for filing a
petition under this section.
``(h) Making Available Standard Forms for Court Orders.--The
Director of the Administrative Office of the United States Courts shall
create and make available to the Chief Judge of every Federal district
standard expungement and sealing orders that empower the petitioner to
seek destruction of records in accordance with the order.
``Sec. 3632. Expungement and sealing for youth
``(a) Expungement Petition Eligibility.--A youth may petition a
district court of the United States for expungement--
``(1) of the record of any misdemeanor or nonviolent felony
drug conviction 3 years after the youth has completed every
term of imprisonment related to that misdemeanor or nonviolent
felony drug conviction;
``(2) of the record of any person who has not attained the
age of 18 at the time of committing the conduct resulting in
conviction for any misdemeanor or nonviolent offense 3 years
after the person has completed every term of imprisonment
related to that misdemeanor or nonviolent offense conviction;
and
``(3) of the record of an arrest or prosecution for any
nonviolent offense on the date on which the case related to
that arrest or prosecution is disposed of.
``(b) Sealing Petition Eligibility.--A youth may petition a
district court of the United States, for sealing--
``(1) of the record of any nonviolent conviction 5 years
after the youth has completed every term of imprisonment
related to that nonviolent conviction;
``(2) of the record of any person who has not attained the
age of 18 at the time of committing the conduct resulting in
conviction for any offense 10 years after the person has
completed every term of imprisonment related to that offense
conviction; and
``(3) of the record of an arrest or prosecution for any
nonviolent offense on the date on which the case related to
that arrest or prosecution is disposed of.
``(c) Notice of Opportunity To File Petition.--A youth shall be
informed of the eligibility to, procedures for, and benefits of filing
an expungement or sealing petition--
``(1) by the District Court on the date of conviction;
``(2) by the Office of Probation and Pretrial Services on
the date the youth completes every term of imprisonment; or
``(3) if the arrest or prosecution does not result in a
conviction, then by the Department of Justice on the date the
case is disposed of.
``(d) Grant of Petition.--If a court grants a petition under this
section--
``(1) the person to whom the record pertains may choose to,
but is not required to, disclose the existence of the record,
and the offense conduct and any arrest, juvenile delinquency
proceeding, adjudication, conviction, or other result of such
proceeding relating to the offense conduct, shall be treated as
if it never occurred;
``(2) the court shall destroy each paper and electronic
copy of the record in the possession of the court;
``(3) the court shall issue an expungement or sealing order
requiring the destruction of any paper and electronic copies of
the record by any court, law enforcement officer, law
enforcement agency, treatment or rehabilitation services
agency, or employee thereof in possession of those copies;
``(4) any entity or person listed in paragraph (3) that
receives an inquiry relating to the record shall reply to the
inquiry stating that no such record exists; and
``(5) except as provided in subsection (f), no person shall
not be subject to prosecution under any civil or criminal
provision of Federal or State law relating to perjury, false
swearing, or making a false statement for failing to
acknowledge the record or respond to any inquiry made of the of
petitioner or the parent relating to the record, for any
purpose.
``(e) Civil Actions.--
``(1) In general.--If an individual who has a record
expunged or sealed under this section brings an action that
might be defended with the contents of the record, there shall
be a rebuttable presumption that the defendant has a complete
defense to the action.
``(2) Showing by plaintiff.--In an action described in
paragraph (1), the plaintiff may rebut the presumption of a
complete defense by showing that the contents of the record
would not prevent the defendant from being liable.
``(3) Duty to testify as to existence of record.--The court
in which an action described in paragraph (1) is filed may
require the plaintiff to state under oath whether the plaintiff
had a record and whether the record was expunged or sealed.
``(4) Proof of existence of record.--If the plaintiff in an
action described in paragraph (1) denied the existence of a
record, the defendant may prove the existence of the record in
any manner compatible with the applicable laws of evidence.
``(f) Attorney General Nonpublic Records.--The Attorney General
shall--
``(1) maintain a nonpublic database of all records expunged
or sealed under this subchapter;
``(2) disclose, access, or utilize records contained in the
nonpublic database only--
``(A) in defense of any civil suit arising out of
the facts contained in the record;
``(B) to determine whether the individual to whom
the record relates is eligible for a first-time-
offender diversion program;
``(C) for a background check that relates to law
enforcement employment or any employment that requires
a Government security clearance; or
``(D) if the Attorney General determines that
disclosure is necessary to serve the interests of
national security; and
``(3) to the extent practicable, notify the individual to
whom the record pertains of the disclosure unless it is made
pursuant to paragraph (2)(D).
``Sec. 3633. Definitions
``In this subchapter--
``(1) the term `youth' means an individual who was 21 years
of age or younger at the time of the criminal offense for which
the individual was arrested, prosecuted, or sentenced;
``(2) the term `nonviolent felony' means a Federal criminal
felony offense that is not--
``(A) a crime of violence; or
``(B) a sex offense (as that term is defined in
section 111 of the Sex Offender Registration and
Notification Act);
``(3) the term `record' means information, whether in paper
or electronic form, containing any reference to--
``(A) an arrest, conviction, or sentence of an
individual for an offense;
``(B) the institution of juvenile delinquency or
criminal proceedings against an individual for the
offense; or
``(C) adjudication, conviction, or any other result
of juvenile delinquency or criminal proceedings;
``(4) the term `expunge'--
``(A) means to destroy a record and obliterate the
name of the person to whom the record pertains from
each official index or public record; and
``(B) has the effect described in section 3631(g),
including--
``(i) the right to treat an offense to
which an expunged record relates, and any
arrest, juvenile delinquency proceeding,
adjudication, conviction, or other result of
such proceeding relating to the offense, as if
it never occurred; and
``(ii) protection from civil and criminal
perjury, false swearing, and false statement
laws with respect to an expunged record;
``(5) the term `seal'--
``(A) means--
``(i) to close a record from public viewing
so that the record cannot be examined except by
court order; and
``(ii) to physically seal the record shut
and label the record `SEALED' or, in the case
of an electronic record, the substantive
equivalent; and
``(B) has the effect described in section 3631(g),
including--
``(i) the right to treat an offense to
which an expunged record relates, and any
arrest, juvenile delinquency proceeding,
adjudication, conviction, or other result of
such proceeding relating to the offense, as if
it never occurred; and
``(ii) protection from civil and criminal
perjury, false swearing, and false statement
laws with respect to an expunged record;
``(6) the term `conviction'--
``(A) means a judgment or disposition in criminal
court against a person following a finding of guilt by
a judge or jury; and
``(B) for the purposes of this section--
``(i) multiple convictions shall be deemed
to be one conviction if the convictions result
from or relate to the same act or acts
committed at the same time; and
``(ii) multiple convictions, not to exceed
3, that do not result from or relate to the
same act or acts committed at the same time
shall be deemed to be one conviction if the
convictions result from or relate to the same
indictment, information, or complaint, or plea
of guilty; and
``(7) the term `destroy' means to render a file unreadable,
whether paper, electronic, or otherwise stored, by shredding,
pulverizing, pulping, incinerating, overwriting, reformatting
the media, or other means.
``Sec. 3634. Reporting
``Not later than 2 years after the date of enactment of this
subchapter, and each year thereafter, the Attorney General shall issue
a public report that--
``(1) describes--
``(A) the number of expungement and sealing
petitions granted and denied; and
``(B) the number of instances in which the office
of a United States attorney supported or opposed an
expungement or sealing petition; and
``(2) includes any supporting data that the court
determines relevant but does not name any petitioner.''.
SEC. 3. RETROACTIVE EFFECT.
This Act and the amendments made by this Act apply with respect to
youth without regard to whether they become involved in the Federal
criminal justice system before, on, or after the date of the enactment
of this Act. | Fair Chance for Youth Act of 2015 This bill amends the federal criminal code to establish a process to expunge and seal certain youth criminal records. A youth is an individual who was arrested, prosecuted, or sentenced for a criminal offense committed at age 21 or younger. A youth may petition to expunge records related to: (1) a misdemeanor conviction, (2) a nonviolent felony drug conviction, (3) a conviction for any nonviolent offense committed prior to attaining age 18, or (4) an arrest or prosecution for a nonviolent offense that is disposed of. A youth may petition to seal records related to: (1) a nonviolent conviction, (2) a conviction for any offense committed prior to attaining age 18, and (3) an arrest or prosecution for a nonviolent offense that is disposed of. Each federal district court must establish a Youth Offense Expungement and Sealing Review Board to review, evaluate on the merits, and make recommendations to grant or deny expungement and sealing petitions. The Court must consider and decide each petition for which it receives a Review Board recommendation. The Department of Justice must report on the number of: (1) expungement and sealing petitions granted and denied, and (2) times a U.S. attorney supported or opposed an expungement or sealing petition. This bill's provisions apply to youth regardless of whether such youth became involved in the federal criminal justice system before, on, or after enactment. | {"src": "billsum_train", "title": "Fair Chance for Youth Act of 2015"} | 3,175 | 321 | 0.671672 | 2.069505 | 0.634655 | 2.835714 | 10.517857 | 0.935714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radiation Detection for Dirty Bomb
Material in Containers and Bulk Cargo Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the possibility of a terrorist group using a dirty bomb
as a weapon against the United States is 1 of the greatest
threats to national security;
(2) it is not difficult to transport dirty bomb material
and conventional explosives into the United States in a sea
freight container or bulk material cargo;
(3) because of the threat of dirty bombs to national
security and the limitations of the current radiation detection
system with respect to detecting dirty bombs, the Secretary of
Energy should carry out a program to demonstrate the operation
of a large-scale radiation detection system that uses advanced
scanning technologies to enable more sea freight containers and
bulk material cargo to be inspected at seaports and places of
entry by land;
(4) in selecting a system for demonstration, the Secretary
should give priority to existing radiation detection
technologies that--
(A) have proven to be effective nationally and
internationally;
(B) may be quickly implemented; and
(C) are capable of detecting radioactive sources in
sea freight containers and bulk material cargo to a
reasonable depth;
(5) the selected system should--
(A) screen sea freight containers and bulk material
cargo without, to the maximum extent practicable,
inhibiting the flow of commerce at seaports and places
of entry by land;
(B) operate at a level capable of detecting a
heavily shielded, concealed, radioactive source; and
(C) have the capability of distinguishing between--
(i) a nonthreatening radioactive source;
and
(ii) a radioactive source that is being
used, or capable of being used, as a dirty
bomb;
(6) any information that is obtained during the scanning of
sea freight containers and bulk material cargo should be
maintained in a central data collection system to be archived
in real-time and made available to the appropriate Federal,
State, and local agencies for use in tracking and analyzing
trends and alarm conditions and operating radiation detection
systems;
(7) pilot projects for monitoring sea freight containers
and bulk material cargo that are carried out under this Act
should incorporate information obtained from all other national
and international projects pertaining to inspection of sea
containers and cargo shipped across places of entry by land;
and
(8) in developing the final procedures and protocols for
monitoring sea freight containers and bulk material cargo for
radiation, the Secretary should ensure that the procedures and
protocols--
(A) address situations that seaport and land
authorities may confront during the scanning of
incoming cargoes; and
(B) provide the seaport and land authorities with
the necessary guidance to adequately respond to the
situations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the radiation
detection system demonstration program carried out under
section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) System.--The term ``system'' means a radiation
detection system.
SEC. 4. RADIATION DETECTION SYSTEM DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall carry out a program to--
(1) maintain and expand ongoing seaport and land radiation
detection system projects;
(2) use existing laboratory relationships and expertise in
large-scale radiation monitoring systems;
(3) evaluate radiation detection systems for use at
seaports and places of entry by land in the United States; and
(4) select at least 1 system for demonstration at a seaport
and 1 system for demonstration at a place of entry by land.
(b) Evaluation of Systems.--
(1) In general.--The Secretary shall conduct an evaluation
of existing state-of-the-art systems that provide the highest
degree of detection capability for radioactive sources that may
be hidden in sea freight containers or cargo crossing land
borders.
(2) Technology.--The Secretary shall emphasize the rapid
development of existing technology and systems on completion of
the evaluation.
(c) Selection of System for Demonstration.--
(1) In general.--A system selected by the Secretary--
(A) may include hardware components such as
detectors, instrumentation, and communication hardware;
and
(B) shall include--
(i) integration of the hardware;
(ii) reporting procedures and protocols;
and
(iii) coordination for decisionmaking,
databases, and related software developments.
(2) Proximity to material.--In selecting a system for
demonstration, the Secretary shall--
(A) take into consideration that it is critical
that the system be located as close as possible to the
material to be scanned; and
(B) select a system that allows for close
proximity.
(3) Technology field operational time.--The Secretary shall
select for demonstration a system that uses a technology that
has proven field operational time.
(d) Demonstration.--
(1) Use of knowledge gained from previous study.--In the
demonstration phase of the program, the Secretary shall--
(A) incorporate knowledge gained from the study
conducted at Port of New Orleans before the date of
enactment of this Act; and
(B) expand on that knowledge to account for
material shipped in containers.
(2) Duration.--The demonstration phase of the program shall
be completed not later than 2 years after the date on which
funding is made available for the program.
(3) Future Needs.--As part of the demonstration phase, the
Secretary shall--
(A) identify needs for future research and
improvement for continued development of emerging
systems; and
(B) make Federal, State, and local agencies with
responsibilities relating to seaport and land
authorities aware of those needs.
(e) Requirements.--
(1) Data.--Regardless of the operational condition of a
system, all data detected by the system shall be collected,
displayed, and archived.
(2) Durability.--A system shall be capable of withstanding
critical acceleration caused by severe impacts and rough
handling, that are attendant to the monitoring of containers
and bulk material being unloaded from a ship.
(3) Radiation detected.--A system shall be capable of
detecting gammas and neutrons emitted by isotopes that could be
used to construct a dirty bomb, including cobalt-60, cesium-
137, iridium-192, iodine-131, and americium-241/beryllium.
(4) System operation.--The operation of a system shall be
fully automatic.
(5) Detection time.--A system shall be capable of detecting
radiation in a container that will not significantly inhibit
the flow of commerce.
(6) Background.--A system shall be sensitive to
fluctuations in background levels.
SEC. 5. PROCEDURES AND PROTOCOLS FOR DETECTION AND REPORTING.
In connection with the program, the Secretary shall develop
standard procedures and protocols for detection and reporting of data
collected from radiation collection systems to allow synchronization of
technical approaches to detection and harmonize coordination efforts
among agencies.
SEC. 6. TECHNICAL ASSISTANCE.
(a) In General.--The Secretary shall develop a national technical
assistance program to share and propagate the experiences gained in
conducting the program.
(b) Stakeholders.--In carrying out subsection (a), the Secretary
shall solicit the views of stakeholders (including members of the
National Maritime Security Advisory Committee, local port authorities,
the Conference of Radiation Control Program Directors, Inc., and the
Health Physics Society) to encourage the greatest level of
participation in the development of a national program of radiation
detection systems.
SEC. 7. INTERNSHIPS.
In connection with the program, the Secretary shall provide student
internships to universities in States with significant seaports that
focus on academic programs pertaining to radiation detection and
radiation health physics.
SEC. 8. REPORT.
At the conclusion of the program, the Secretary shall submit to
Congress a report that describes the results of the program.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of fiscal years
2004 through 2007 such sums as are necessary to carry out this Act. | Radiation Detection for Dirty Bomb Material in Containers and Bulk Cargo Act of 2003 - Instructs the Secretary of Energy to implement a program to: (1) maintain and expand ongoing seaport and land radiation detection system projects; (2) use existing laboratory relationships and expertise in large-scale radiation monitoring systems; (3) evaluate radiation detection systems for use at seaports and places of entry by land in the United States; and (4) select at least one system for demonstration at a seaport and at a place of land entry.Directs the Secretary to: (1) conduct an evaluation of existing state-of-the-art systems that provide the highest degree of detection capability for radioactive sources hidden in sea freight containers or cargo crossing land borders; (2) emphasize the rapid development of existing technology and systems on completion of the evaluation; (3) develop standard procedures and protocols for detection and reporting of data collected from radiation collection systems; and (4) develop a national technical assistance program to share and propagate the experiences gained in conducting the program.Requires the Secretary to solicit the views of stakeholders, including the National Maritime Security Advisory Committee, local port authorities, the Conference of Radiation Control Program Directors, Inc., and the Health Physics Society; and (2) provide student internships to universities in States with significant seaports that focus on academic programs pertaining to radiation detection and radiation health physics. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Energy to carry out a program to evaluate and demonstrate the operation of radiation detection systems for use at seaports in the United States."} | 1,772 | 291 | 0.66849 | 2.071265 | 0.809601 | 7.357934 | 6.110701 | 0.98155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Livestock Identification and
Marketing Opportunities Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For purposes of animal health investigation and
surveillance, there needs to be an identification system that
can trace animals from the time of first movement of the animal
from its original premise to the time of slaughter of the
animal in less than 48 hours.
(2) The beef industry estimates that the United States
cattle industry lost approximately $3,000,000,000 in export
value on beef, beef variety meats, hides, and tallow during the
12 months since a December 2003 diagnosis in the United States
of bovine spongiform encephalopathy. A livestock identification
system may have prevented some of this loss.
(3) In order to be as efficient as possible, the livestock
identification system needs to be automated and electronic with
participants using compatible technologies.
(4) The livestock identification system needs to be
flexible enough to adapt to changes in technology and to the
demands of the industry and the markets.
(5) The best technology available should be used for the
livestock identification system while still allowing for
registration into the system for livestock owners who are
economically disadvantaged.
(6) Confidentiality of information on animal movements,
sales, and ownership is necessary to ensure that livestock
owners have the confidence to comply with and fully participate
in the livestock identification system.
(7) Besides animal disease surveillance, the livestock
identification system should provide a commercial information
exchange infrastructure that would allow for enhanced marketing
opportunities.
SEC. 3. LIVESTOCK IDENTIFICATION BOARD.
(a) Establishment.--There is established a board to be known as the
``Livestock Identification Board''.
(b) Duties.--The duties of the Board shall be to--
(1) establish and maintain an electronic livestock
identification system that--
(A) is capable of tracing all livestock in the
United States from the time of first movement of the
livestock from its original premise to the time of
slaughter of such livestock in less than 48 hours;
(B) tracks all relevant information about the
livestock, including--
(i) the livestock identification number or
the group or lot identification number for the
livestock, as applicable;
(ii) the date the livestock identification
number or the group or lot identification
number was assigned;
(iii) the premise identification number;
(iv) the species of the livestock;
(v) the date of birth of the livestock, to
the extent possible;
(vi) the sex of the livestock;
(vii) any other information the Board
considers appropriate for animal disease
surveillance; and
(viii) any other information that the
person who owns or controls the livestock
voluntarily submits to the Board;
(2) maintain information obtained through the livestock
identification system in a centralized data system; and
(3) determine the official identification technology to be
used to track animals under the livestock identification
system.
(c) Powers.--The Board may--
(1) prescribe and collect fees to recover the costs of the
livestock identification system; and
(2) establish and maintain a grant program to assist
persons with fulfilling the requirements of the livestock
identification system.
(d) Membership.--
(1) Voting members.--The Board shall be composed of 7
voting members appointed by the Secretary of Agriculture, in
consultation with the Chair and ranking minority member of the
relevant congressional committees, of whom--
(A) 1 member shall be a representative of cattle
owners;
(B) 1 member shall be a representative of swine
owners;
(C) 1 member shall be a representative of sheep and
goat owners;
(D) 1 member shall be a representative of poultry
owners;
(E) 1 member shall be a representative of livestock
auction market operators;
(F) 1 member shall be a representative of meat
processors; and
(G) 1 member shall be a person actively engaged in
the livestock industry.
(2) Non-voting members.--The Board shall include 2 non-
voting members appointed by the Secretary, in consultation with
the Chair and ranking minority member of the relevant
congressional committees, of whom--
(A) 1 member shall be a representative of the
Department of Agriculture; and
(B) 1 member shall be a representative of State or
tribal veterinarians or State or tribal agriculture
agencies.
(3) Terms.--
(A) In general.--Each member shall be appointed for
a term of 3 years, except as provided by subparagraphs
(B) and (C).
(B) Terms of initial appointees.--As designated by
the Secretary at the time of appointment, of the voting
members first appointed--
(i) the members appointed under
subparagraphs (B), (D), and (E) of paragraph
(1) shall be appointed for a term of 2 years;
and
(ii) the members appointed under
subparagraphs (C) and (G) of paragraph (1)
shall be appointed for a term of 1 year.
(C) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office. A vacancy in the
Board shall be filled in the manner in which the
original appointment was made.
(4) Chairperson.--The Chairperson of the Board shall be
elected by its members.
(5) Appointment.--The Secretary shall appoint all members
of the Board not later than 45 days after the date of the
enactment of this Act.
(e) Meetings.--
(1) Initial meeting.--Not later than 60 days after the date
of the enactment of this Act, the Board shall hold its initial
meeting.
(2) Subsequent meetings.--The Board shall meet at the call
of the Chairperson.
(f) Quorum.--4 voting members of the Board shall constitute a
quorum.
(g) Pay.--Members of the Board shall serve without compensation.
(h) Travel Expenses.--Each member of the Board shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(i) Staff.--The Board may appoint and fix the pay of personnel as
the Board considers appropriate.
(j) Contracts.--The Board may contract with or compensate any
persons for goods or services.
(k) Rules and Regulations.--The Board may issue such rules and
regulations as may be necessary to carry out this Act.
(l) Implementation.--
(1) In general.--The Board shall implement the livestock
identification system established pursuant to this section not
later than December 31, 2008.
(2) Report.--Not later than one year after the date of the
enactment of this Act, and quarterly thereafter until December
31, 2010, the Board shall submit to the Secretary of
Agriculture and the relevant congressional committees a report
on the status of the implementation of the livestock
identification system, including--
(A) for each species subject to the system, the
number of animals or groups of animals tracked by the
system; and
(B) the percentage of each animal species subject
to the livestock identification system that are tracked
by the system, which shall be determined by dividing
the number submitted under subparagraph (A) for a
species by the total number of animals of such species
in the United States.
SEC. 4. PREMISE IDENTIFICATIONS.
Not later than nine months after the date of the enactment of this
Act, the Secretary of Agriculture shall establish a premise
identification system for all premises in the United States. The
premise identification data shall be made available to the Board and
shall include--
(1) a premise identification number;
(2) the name of the entity that owns or controls the
premise;
(3) contact information for the premise, including a
person, address, and phone number;
(4) the type of operation at the premise; and
(5) the date the premise number was assigned.
SEC. 5. ENFORCEMENT; FIRST ENTRY INTO COMMERCE.
Subject to section 6(b), the Secretary of Agriculture shall verify
that each animal, or group of animals, where applicable, subject to the
livestock identification system established pursuant to section 3 is
properly identified upon first entry of the animal into commerce. Any
animal or group of animals that the Secretary determines is not
properly identified shall be identified using the official
identification technology before entering commerce.
SEC. 6. VOLUNTARY PARTICIPATION FOR OTHER ANIMAL SPECIES.
(a) In General.--The owner of an animal or group of animals, where
applicable, that is not subject to the livestock identification system
established pursuant to section 3 may voluntarily subject such animal
or group of animals to tracking by such livestock identification
system.
(b) Enforcement Exemption.--The voluntary tracking of such animal
or group of animals shall not make the animal or group of animals
subject to the enforcement actions of the Secretary under section 5.
SEC. 7. RELEASE OF LIVESTOCK IDENTIFICATION NUMBERING INFORMATION.
(a) Freedom of Information Act.--Information obtained through the
livestock identification system established pursuant to section 3 or
the premise identification system established pursuant to section 4 is
exempt from disclosure under section 552 of title 5, United States
Code.
(b) Character of Livestock Identification System Information.--
Except as provided in subsections (c) and (d), information obtained
through the livestock identification system or the premise
identification system--
(1) may not be released;
(2) shall not be considered information in the public
domain; and
(3) shall be considered commercial information that is
privileged and confidential.
(c) Limited Release of Information Authorized.--Notwithstanding
subsection (b), the Board may release information obtained through the
livestock identification system or the premise identification system
(other than information voluntarily submitted pursuant to section
3(b)(1)(B)(viii)) regarding particular livestock if--
(1) a disease or pest poses a significant threat to the
livestock that the information involves;
(2) the release of the information is related to actions
the Board may take under this Act; and
(3) the person obtaining the information needs the
information for reasons consistent with the public health and
public safety purposes of the livestock identification system,
as determined by the Secretary of Agriculture.
(d) Limited Release of Information Required.--
(1) In general.--Notwithstanding subsection (b), the Board
shall promptly release information obtained through the
livestock identification system or the premise identification
system (other than information voluntarily submitted pursuant
to section 3(b)(1)(B)(viii)) regarding particular livestock--
(A) to the person who owns or controls the
livestock, if the person requests such information;
(B) to the Secretary of Agriculture for the purpose
of animal disease surveillance;
(C) to a State or tribal veterinarian or a State or
tribal agriculture agency for the purpose of animal
disease surveillance;
(D) to the Attorney General for the purpose of
investigation or prosecution of a criminal act;
(E) to the Secretary of Homeland Security for the
purpose of national security;
(F) to the Secretary of Health and Human Services
for the purpose of protection of public health; and
(G) to the government of a foreign country, if
release of the information is necessary to trace
livestock threatened by disease or pest, as determined
by the Secretary.
(2) Information voluntarily submitted.--Notwithstanding
subsection (b), on the request of a person who owns or controls
livestock, the Board shall release information voluntarily
submitted to the Board pursuant to section 3(b)(1)(B)(viii)
regarding such livestock to such person or to another person.
(e) Conflict of Law.--If the information disclosure limitations or
requirements of this section conflict with information disclosure
limitations or requirements of a State law and such conflict involves
interstate or international commerce, this section shall take
precedence over the State law.
SEC. 8. REPORT ON IMPACT OF LIVESTOCK IDENTIFICATION SYSTEM.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Agriculture shall submit to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Agriculture of the House of Representatives, and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report on a livestock identification system, including--
(1) the lessons learned and the effectiveness of the animal
identification system pilot programs funded in fiscal year
2005;
(2) an analysis of the economic impact of a livestock
identification system on the livestock industry; and
(3) the expected cost of implementing a livestock
identification system.
SEC. 9. CONFORMING AMENDMENTS.
Subsection (f) of section 282 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1638a) is amended--
(1) by striking ``Certification of Origin.--'' and all that
follows through ``To certify the country of origin'' and
inserting ``Certification of Origin; Existing Certification
Programs.--To certify the country of origin''; and
(2) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively.
SEC. 10. DEFINITIONS.
In this Act:
(1) The term ``Board'' means the Livestock Identification
Board established under section 3(a).
(2) The term ``livestock'' means cattle, swine, sheep,
goats, and poultry.
(3) The term ``premise'' means a location that holds,
manages, or boards animals.
(4) The term ``relevant congressional committees'' means
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate.
(5) The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$33,000,000 for each of fiscal years 2006 through 2008. | Livestock Identification and Marketing Opportunities Act - Establishes the Livestock Identification Board which shall: (1) establish an electronic livestock identification system (livestock system) that is capable of tracing all U.S. livestock from the time of first movement from its original premise to the time of slaughter in less than 48 hours, and tracking all relevant livestock information (identification number, species, date of birth); (2) maintain a centralized livestock data system; and (3) determine the official livestock system identification technology.
Directs the Secretary of Agriculture to: (1) establish a U.S. premise identification system; and (2) verify that each animal, or group of animals subject to the livestock system, is properly identified upon first entry of the animal into commerce.
Authorizes the owner of an animal or group of animals that is not subject to the livestock livestock system to voluntarily subject such animal, or group of animals, to system tracking.
Exempts information obtained through the livestock or premise systems from Freedom of Information Act disclosure.
States that information obtained through the livestock or premise systems: (1) may not be released; (2) shall not be considered public domain information; and (3) shall be considered privileged and confidential commercial information.
Authorizes the Board to release livestock or premise system information for reasons of public health or disease or pest control. Requires the Board to release livestock or premise system information to: (1) a livestock owner upon request; (2) the Secretary, a state, or a tribal agency for animal disease surveillance; (3) the Attorney General for criminal investigation or prosecution; (4) the Secretary of Homeland Security for national security; (5) the Secretary of Health and Human Services for public health protection; and (6) a foreign government if necessary to trace livestock threatened by disease or pest, as determined by the Secretary.
Defines "livestock" as cattle, swine, sheep, goats, and poultry. | {"src": "billsum_train", "title": "To establish a Livestock Identification Board to create and implement a mandatory national livestock identification system."} | 3,063 | 399 | 0.658818 | 2.115576 | 0.844748 | 3.848168 | 7.599476 | 0.963351 |
SECTION 1. PROHIBITION.
(a)(1) The Secretary shall not issue a lease, permit, or license
for the exploration for or extraction of oil or gas on or from
submerged lands described in subsection (b).
(2)(A) No person shall explore for or extract oil or gas on or from
any area of the submerged lands described in subsection (b) after the
date of the cancellation, expiration, relinquishment, surrender, or
termination of a lease with respect to such area.
(B) Except as provided in subparagraph (A), this subsection shall
not prohibit exploration for or extraction of oil or gas on or from any
area of submerged lands under the terms of a lease, permit, or license
in effect on the date of enactment of this Act with respect to such
area.
(b)(1) The lands with respect to which subsection (a) applies shall
include--
(A) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Florida, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act,
and all submerged lands south of 26 degrees north latitude and
east of 86 degrees west longitude;
(B) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Georgia;
(C) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of South Carolina;
(D) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 175 miles of any
point of the coast line of the State of North Carolina;
(E) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Virginia;
(F) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 50 miles of any
point of the coast line of the State of Maryland, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(G) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Delaware, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(H) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 125 miles of any
point of the coast line of the State of New Jersey, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(I) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 125 miles of any
point of the coast line of the State of New York, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(J) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 125 miles of any
point of the coast line of the State of Connecticut, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(K) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 125 miles of any
point of the coast line of the State of Rhode Island, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(L) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 50 miles of any
point of the coast line of the State of Massachusetts,
including areas with respect to which a moratorium on oil and
gas leasing activities existed before the date of enactment of
this Act, and lands within the 400 meter isobath surrounding
Georges Bank, identified by the Department of the Interior as
consisting of the following blocks: in protraction diagram NJ
19-1, blocks numbered 12-16, 54-55 and 57-58; in protraction
diagram NK 19-5, blocks numbered 744, 788, 831-832, and 1005-
1008; in protraction diagram NK 19-6, blocks numbered 489-491,
532-537, 574-576, 578-581, 618-627, 661-662, 664-671, 705-716,
749-761, 793-805, and 969-971; in protraction diagram NK 19-8,
blocks numbered 37-40, 80-84, 124-127, and 168-169; in
protraction diagram NK 19-9, blocks numbered 13-18, 58-63, 102-
105, 107-108, 146-149, 151-152, 191-193, 195-197, 235-237, 240-
242, 280-282, 284-286, 324-331, 368-376, 412-420, 456-465, 500-
510, 543-554, 587-594, 596-599, 631-637, 640-644, 675-688, 718-
733, 762-778, 805-821, 846-865, 887-891, 894-908, 930-950, and
972-994; in protraction diagram NK 19-10, blocks numbered 474-
478, 516-524, 560-568, 604-612, 647-660, 692-704, 737-748, 787-
792, 830-836, 873-880, 967-968, and 1011-1012; in protraction
diagram NK 19-11, blocks numbered 621-632, 665-676, 700, 709-
720, 744, 753-764, 785, 797-808, 825-827, 841-852, 856-860,
869, 890-905, 907-909, 929-931, 941-945, 947-949, 973-975, and
985-989; and in protraction diagram NK 19-12, blocks numbered
452-456, 495-499, 536-537, 539-541, 575-577, 579-582, 617-621,
623-624, 661-662, 664-665, and 705-706;
(M) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of New Hampshire;
(N) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Maine;
(O) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 145 miles of any
point of the coast line of the State of California, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(P) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Oregon;
(Q) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Washington; and
(R) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Alaska, including areas
with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act.
(2) The lands with respect to which subsection (a) applies shall
not include any portion of the Central or Western Gulf of Mexico
planning areas of the Department of the Interior.
(c)(1)(A) Notwithstanding section 5(a)(2) (A) and (B) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1334(a)(2) (A) and (B)), the
Secretary of the Interior shall cancel any lease or permit in effect on
the date of enactment of this Act in areas described in subparagraph
(B), and such cancellation shall entitle the lessee to receive
compensation under section 5(a)(2)(C) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1334(a)(2)(C)).
(B) The areas with respect to which subparagraph (A) applies are as
follows:
(i) Any lands south of 26 degrees north latitude and east
of 86 degrees west longitude.
(ii) Any lands within the North Aleutian Basin planning
area of the Department of the Interior.
(2) The Secretary of the Interior shall report to the Congress by
May 1, 1996, on alternative options for compensating leaseholders on
blocks numbered 204, 246, 247, 290, 291, 334, 335, 378, 379, 422, 423,
466, 467, 510, 511, 553, 554, 555, 597, 598, 599, 640, 641, and 642 on
protraction diagram NI 18-2 of the Universal Transverse Mercator Grid
System, assuming the compensation procedures outlined in section 5 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1334). These options
shall include, to the extent practicable, credits in lieu of
appropriations, such as credits on Federal royalties on producing Outer
Continental Shelf leases. | Prohibits the Secretary of the Interior from issuing a lease, permit, or license for oil or gas exploration or extraction on specified submerged lands of the Outer Continental Shelf. | {"src": "billsum_train", "title": "To prohibit the Secretary of the Interior from issuing oil and gas leases on certain portions of the Outer Continental Shelf."} | 2,228 | 41 | 0.625232 | 1.394799 | 0.210248 | 3.78125 | 62.03125 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Environment from Countries
Under Repression and Emergency Act'' or the ``SECURE Act''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)), the status
of any alien described in subsection (b) shall be adjusted by
the Secretary of Homeland Security to that of an alien lawfully
admitted for permanent residence if the alien--
(A) is not inadmissible under paragraph (2) or (3)
of section 212(a) of such Act (8 U.S.C. 1182(a));
(B) is not deportable under paragraph (2), (3), or
(4) of section 237(a) of such Act (8 U.S.C. 1227(a));
and
(C) is not described in section 208(b)(2)(A)(i) of
such Act (8 U.S.C. 1158(b)(2)(A)(i)).
(2) Relationship of application to certain orders.--
(A) In general.--An alien who is present in the
United States and has been ordered removed, or
permitted voluntarily to depart, from the United States
under any provision of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) may, notwithstanding such
order, apply for adjustment of status under paragraph
(1).
(B) Motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or approving an application under such
subparagraph, to file a motion to reopen, reconsider,
or vacate an order described in such subparagraph.
(C) Approval.--If the Secretary of Homeland
Security approves an application submitted by an alien
under subparagraph (A), the Secretary shall cancel the
order related to the alien that is referred to in such
subparagraph.
(D) Denial.--If the Secretary of Homeland Security
renders a final administrative decision to deny an
application submitted by an alien under subparagraph
(A), the order related to such alien shall be effective
and enforceable to the same extent as if such
application had not been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--An alien is described in this subsection
if the alien--
(A) is a national of a foreign state that was at
any time designated under section 244(b) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b));
(B)(i) is in temporary protected status under
section 244 of the Immigration and Nationality Act 8 (8
U.S.C. 1254a);
(ii) held temporary protected status as a national
of a designated country listed in paragraph (1); or
(iii) qualified for temporary protected status at
the time the last designation was made by the Secretary
of Homeland Security;
(C) has been continuously present in the United
States for at least 3 years and is physically present
in the United States on the date on which the alien
files an application for adjustment of status under
this section; and
(D) passes all applicable criminal and national
security background checks.
(2) Short absences.--An alien shall not be considered to
have failed to maintain continuous physical presence in the
United States under paragraph (1)(C) by reason of an absence,
or multiple absences, from the United States for any period or
periods that do not exceed, in the aggregate, 180 days.
(3) Waiver authorized.--Notwithstanding any provision of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), an
alien who fails to meet the continuous physical presence
requirement under paragraph (1)(C) shall be considered eligible
to receive an adjustment of status under this section if the
Attorney General or the Secretary of Homeland Security
determines that the removal of the alien from the United States
would result in extreme hardship to the alien or the alien's
spouse, children, parents, or domestic partner.
(c) Stay of Removal.--
(1) In general.--Except as provided in paragraph (2), an
alien who is subject to a final order of removal may not be
removed if the alien--
(A) has a pending application under subsection (a);
or
(B)(i) is prima facie eligible to file an
application under subsection (a); and
(ii) indicates that he or she intends to file such
an application.
(2) Exception.--Paragraph (1) shall not apply to any alien
whose application under subsection (a) has been denied by the
Secretary of Homeland Security in a final administrative
determination.
(3) During certain proceedings.--
(A) In general.--Except as provided in subparagraph
(B) and notwithstanding any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), the Secretary of Homeland Security may not order
any alien to be removed from the United States if the
alien raises, as a defense to such an order, the
eligibility of the alien to apply for adjustment of
status under subsection (a).
(B) Exception.--Subparagraph (A) shall not apply to
any alien whose application under subsection (a) has
been denied by the Secretary of Homeland Security in a
final administrative determination.
(4) Work authorization.--The Secretary of Homeland
Security--
(A) shall authorize any alien who has applied for
adjustment of status under subsection (a) to engage in
employment in the United States while such application
is pending; and
(B) may provide such alien with an ``employment
authorized'' endorsement or other appropriate document
signifying such employment authorization.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) and except
as provided in paragraphs (2) and (3), the Secretary of
Homeland Security shall adjust the status of an alien to that
of an alien lawfully admitted for permanent residence if the
alien--
(A) is the spouse, domestic partner, child, or
unmarried son or daughter of an alien whose status has
been adjusted to that of an alien lawfully admitted for
permanent residence under subsection (a);
(B) is physically present in the United States on
the date on which the alien files an application for
such adjustment of status; and
(C) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence.
(2) Continuous presence requirement.--
(A) In general.--The status of an unmarried son or
daughter referred to in paragraph (1)(A) may not be
adjusted under paragraph (1) until such son or daughter
establishes that he or she has been physically present
in the United States for at least 1 year.
(B) Short absences.--An alien shall not be
considered to have failed to maintain continuous
physical presence in the United States under
subparagraph (A) by reason of an absence, or multiple
absences, from the United States for any period or
periods that do not exceed, in the aggregate, 180 days.
(3) Waiver.--In determining eligibility and admissibility
under paragraph (1)(C), the grounds for inadmissibility under
paragraphs (4), (5), (6), (7)(A), and (9) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall
not apply.
(e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act 19 (8 U.S.C. 1255); or
(2) aliens who are subject to removal proceedings under
section 240 of such Act (8 U.S.C. 1229a).
(f) Exceptions to Numerical Limitations.--The numerical limitations
set forth in sections 201 and 202 of the Immigration and Nationality
Act (8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is
adjusted pursuant to subsection (a).
SEC. 3. ADDITIONAL REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED
ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED
UNDER TEMPORARY PROTECTED STATUS.
Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1254a(b)(3)) is amended--
(1) in subparagraph (A)--
(A) by striking ``the Attorney General'' and
inserting ``, the Secretary of Homeland Security'';
(B) by inserting ``(including a recommendation from
the Secretary of State that is received by the
Secretary of Homeland Security not later than 90 days
before the end of such period of designation)'' after
``Government''; and
(C) by striking ``The Attorney General'' and
inserting ``The Secretary''; and
(2) in subparagraph (B)--
(A) by striking ``If the Attorney General'' and
inserting the following:
``(i) In general.--If the Secretary of
Homeland Security'';
(B) in clause (i), as redesignated, by striking
``Attorney General'' and inserting ``Secretary''; and
(C) by adding at the end the following:
``(ii) Report.--Not later than 3 days after
the publication of the Secretary's
determination in the Federal Register that a
country's designation under paragraph (1) is
being terminated, the Secretary shall submit a
report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of
the House of Representatives that shall
include--
``(I) an explanation of the event
or events that initially prompted such
country's designation under paragraph
(1);
``(II) the progress the country has
made in remedying the designation under
paragraph (1), including any
significant challenges or shortcomings
that have not been addressed since the
initial designation;
``(III) a statement indicating
whether the country has requested a
designation under paragraph (1), a
redesignation under such paragraph, or
an extension of such designation; and
``(IV) an analysis, with applicable
and relevant metrics, as determined by
the Secretary, of the country's ability
to repatriate its nationals,
including--
``(aa) the country's
financial ability to provide
for its repatriated citizens;
``(bb) the country's
financial ability to address
the initial designation under
paragraph (1) without foreign
assistance;
``(cc) the country's gross
domestic product and per capita
gross domestic product per
capita;
``(dd) an analysis of the
country's political stability
and its ability to be
economically self-sufficient
without foreign assistance;
``(ee) the economic and
social impact repatriation of
nationals in possession of
temporary protected status
would have on the recipient
country; and
``(ff) any additional
metrics the Secretary considers
necessary.''.
SEC. 4. OTHER MATTERS.
(a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall
apply in this Act.
(b) Savings Provision.--Nothing in this Act may be construed to
repeal, amend, alter, modify, effect, or restrict the powers, duties,
functions, or authority of the Secretary of Homeland Security in the
administration and enforcement of the immigration laws.
(c) Eligibility for Other Immigration Benefits.--An alien who is
eligible to be granted the status of an alien lawfully admitted for
permanent residence under section 2 may not be precluded from seeking
such status under any other provision of law for which the alien may
otherwise be eligible. | Safe Environment from Countries Under Repression and Emergency Act or the SECURE Act This bill permits a qualifying alien who is not inadmissible or deportable under certain criminal or security grounds or who did not participate in persecution to apply for adjustment to lawful permanent resident status if such alien: (1) is in temporary protected status (TPS), (2) held TPS status, (3) qualified for TSP status at the time of the Department of Homeland Security's (DHS) last TPS designation, or (4) is a national of a foreign country that was at any time a TPS-designated country. TPS designation permits eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States. An alien who has applied for status adjustment may work while the application is pending. The spouse, domestic partner, child, or unmarried son or daughter of an alien who has adjusted to lawful permanent resident status may also adjust to such status subject to certain conditions. An unmarried son or daughter must additionally establish physical presence in the United States for at least one year. An alien subject to a final order of removal may not be removed if the alien has a pending status adjustment application or is prima facie eligible to file an application and indicates an intention to do so. An alien who raises the defense of status adjustment eligibility may not be removed unless DHS has already denied the alien's application. | {"src": "billsum_train", "title": "Safe Environment from Countries Under Repression and Emergency Act"} | 2,727 | 310 | 0.523791 | 1.749204 | 0.846972 | 2.768953 | 8.797834 | 0.855596 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Medicare Home
Health Case Manager Act of 1998''.
(b) Findings.--The Congress finds as follows:
(1) A Medicare beneficiary experiencing a severe or chronic
illness faces a bewildering array of home health and post-acute
care hospital services at a time in life when the Medicare
beneficiary is least able to ``manage'' the choices, especially
for beneficiaries who do not have family members to help them
consider the choices.
(2) Such a Medicare beneficiary may be unaware of the
financial relationships between institutions and agencies which
may cause the patient to be referred for home health services
that are unnecessary or not furnished in the most appropriate
setting.
(3) Medicare fee-for-service does not currently have a
system in which a physician or other health care provider is
encouraged to guide the patient through this maze of services
and help ensure that choices are made that maximize benefits
while minimizing costs.
(4) Chronically ill medicare patients need an independent
ombudsman to help develop a plan of care and to periodically
adjust the plan for the sole benefit of the patient and the
patient's family.
SEC. 2. ESTABLISHMENT OF MEDICARE HOME HEALTH CARE CASE MANAGERS FOR
LONG TERM HOME HEALTH SPELLS OF ILLNESS.
(a) Requirement for Case Management Plan for Beneficiaries
Requiring Extended Home Health Services.--
(1) In general.--Section 1861(m) of the Social Security Act
(42 U.S.C. 1395x(m)) is amended, in the matter preceding
paragraph (1), by inserting after ``under a plan (for
furnishing such items and services to such individual)
established and periodically reviewed by a physician'' the
following: ``and, in the case of such services furnished (or
likely to be required to be furnished) for an extended period
(as defined by the Secretary in regulations), under a home
health case management plan (as defined in subsection (uu)(2))
established by a home health case manager (as defined in
subsection (uu)(1)) in consultation with the physician and, if
available, the family of the individual''.
(2) Definitions.--Section 1861 of such Act (42 U.S.C.
1395x) is amended by adding at the end the following new
subsection:
``Home Health Case Manager
``(uu)(1) The term `home health case manager' means a public agency
or private organization (or a subdivision thereof) that--
``(A) develops, coordinates, and monitors the delivery of
home health services by home health agencies to an individual;
``(B) has experience and expertise in the furnishing of
home health services; and
``(C) meets such other standards as the Secretary finds
necessary for the effective and efficient development and
oversight of home health case management plans and to ensure
the health and safety of individuals furnished services under
such a plan.
``(2) The term `home health case management plan' means a
structured plan for the delivery of home health services that is
developed by a home health case manager, after consultation with the
physician and, if available, the family of the individual involved.
``(3) The term `home health case manager services' means the
development, coordination, and monitoring of a home health case
management plan for an individual furnished (or likely to be required
to be furnished) home health services for an extended period (as
defined by the Secretary in regulations under subsection (m)) and
includes the periodic review of such a plan.''.
(3) Guidance on initiation of case manager services.--The
Secretary of Health and Human Services shall provide guidance
on the process or processes that may be used to identify
Medicare beneficiaries requiring home health services for
extended periods and to develop home health case management
plans on a timely basis.
(4) Limitation on referrals.--Section 1877 of the Social
Security Act (42 U.S.C. 1395nn) shall apply to a referral by a
home health case manager to a home health agency in the same
manner as such section applies to a referral by a physician to
an entity described in section 1877(a)(2) of such Act.
(b) Coverage of and Payment for Home Health Case Manager
Services.--
(1) Part a.--
(A) Coverage.--Section 1812(a)(3) of such Act (42
U.S.C. 1395d(a)(3)) is amended by inserting before the
semicolon ``, and home health case manager services (as
defined in section 1861(uu)(3))''.
(B) Eligibility.--Section 1814(a)(2)(C) of such Act
(42 U.S.C. 1395f(a)(2)(C)) is amended by inserting
``and, in the case of such services furnished for an
extended period (as defined by the Secretary under
section 1861(m)), under a home health case management
plan that has been established and periodically
reviewed by a home health case manager'' after ``is
periodically reviewed by a physician''.
(C) Payment.--Section 1812 of such Act (42 U.S.C.
1395d) is amended by adding at the end the following
new subsection:
``(h)(1) Payment under this part for home health case manager
services (as defined in section 1861(uu)(3)) shall be made pursuant to
the fee schedule established by the Secretary under section 1834(m).
``(2)(A) Payment may be made under this title for home health case
manager services in the case of an individual only--
``(i) for the initial development of the home health case
management plan for the individual, and
``(ii) for the subsequent review and modification of such
plan, as provided by the Secretary in regulations.''.
(2) Coverage under part b.--
(A) In general.--Section 1832(a)(2)(A) of such Act
(42 U.S.C. 1395k(a)(2)(A)) is amended by inserting
before the semicolon ``, and home health case manager
services (as defined in section 1861(uu)(3))''.
(B) Eligibility.--Section 1835(a)(2) of such Act
(42 U.S.C. 1395n(a)(2)) is amended by inserting ``and,
in the case of such services furnished for an extended
period (as defined by the Secretary under section
1861(m)), under a home health case management plan that
has been established and periodically reviewed by a
home health case manager'' after ``is periodically
reviewed by a physician''.
(C) Payment.--Section 1833 of such Act (42 U.S.C.
1395l) is amended--
(i) in subsection (a)(2)--
(I) by striking ``and'' at the end
of subparagraph (F);
(II) by adding ``and'' at the end
of subparagraph (G); and
(III) by adding after subparagraph
(G) the following new subparagraph:
``(H) subject to subsection (u), with respect to
home health case manager services (as defined in
section 1861(uu)(3), the amount determined under the
fee schedule established under section 1834(m);'', and
(ii) by adding at the end the following new
subsection:
``(u)(1) Payment may be made under this title for home health case
manager services in the case of an individual only--
``(A) for the initial development of the home health case
management plan for the individual, and
``(B) for the subsequent review and modification of such
plan, as provided by the Secretary in regulations.''.
(3) Establishment of Fee Schedule.--Section 1834 of such
Act (42 U.S.C. 1395m) is amended by adding at the end the
following new section:
``(m) Establishment of Fee Schedule for Home Health Case Manager
Services.--
``(1) In general.--The Secretary shall establish a fee
schedule for payment for home health case manager services.
Such schedule may provide for rates that differ for such
services that comprise the establishment of a home health case
management plan and that comprise review and modification of
such a plan.
``(2) Considerations.--In establishing such fee schedule,
the Secretary shall consider appropriate regional and
operational differences and adjustments to payment rates to
account for inflation and other relevant factors.
``(3) Consultation.--In establishing the fee schedule for
home health case manager services under this subsection, the
Secretary shall consult with appropriate organizations
representing individuals and entities who furnish referral
services for home health services and share with such
organizations relevant data in establishing such schedule.''.
(c) Effective Dates.--
(1) Requirement of case management plan.--The amendment
made by subsection (a)(1) applies with respect to home health
services furnished on or after October 1, 2000.
(2) Payment for case manager services.--The amendments made
by subsection (b) apply to home health case manager services
furnished on or after 6 months before the effective date
specified in paragraph (1).
SEC. 3. REPORT TO CONGRESS ON FEASIBILITY OF CASE MANAGERS WITH RESPECT
TO OTHER MEDICARE SERVICES.
(a) Study.--The Secretary of Health and Human Services shall
conduct a study of the types of services consisting of post-acute
hospital care furnished under the Medicare program under title XVIII of
the Social Security Act to determine whether use of case managers and
case management plans similar to home health case managers (as defined
in section 1861(uu)(1)) and home health case management plans (as
defined in section 1861(uu)(2)) is feasible and appropriate for each
such type of service. In conducting the study, the Secretary shall also
determine whether such case managers and case management plans may
improve quality of care and patient outcomes under the medicare
program, may result in cost savings to the program, and may reduce
incidents of waste, fraud and abuse against the program.
(b) Report.--Not later than January 1, 2001, the Secretary shall
submit to Congress a report containing the determinations made pursuant
to the study conducted under subsection (a) and any recommendations for
legislative and administrative action the Secretary deems appropriate. | Medicare Home Health Case Manager Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act with regard to home health services to: (1) require a case management plan established by a home health case manager for beneficiaries requiring extended home health services; and (2) provide for coverage of and payment for home health case manager services under Medicare part A (Hospital Insurance) and B (Supplementary Medical Insurance).
Directs the Secretary of Health and Human Services to: (1) establish a fee schedule for payment for home health case manager services; and (2) study and report to the Congress on the feasibility of case managers with respect to Medicare post-acute hospital care services. | {"src": "billsum_train", "title": "Medicare Home Health Case Manager Act of 1998"} | 2,340 | 147 | 0.577036 | 1.512459 | 0.676045 | 3.690647 | 14.733813 | 0.928058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Availability Act of
1999''.
SEC. 2. REQUIREMENT FOR PHYSICIAN AVAILABILITY IN ACUTE CARE HOSPITALS.
(a) In General.--Each covered hospital shall have a qualified
physician available in the hospital 24 hours a day, seven days a week
to attend to the needs of inpatients of the hospital.
(b) Definitions.--For purposes of this section:
(1) Covered hospital.--
(A) In general.--Subject to subparagraph (B), the
term ``covered hospital'' means a subsection (d)
hospital (as defined in section 1886(d)(1)(B) of the
Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) that--
(i) has a participation agreement in effect
under section 1866 of such Act (42 U.S.C.
1395cc),
(ii) is participating in the program under
title XIX of such Act, or
(iii) is receiving Federal funds under a
grant or cooperative agreement.
(B) Exclusion for federal facilities and small
hospitals.--Such term does not include a hospital
that--
(i) is a facility of the Federal
Government, or
(ii) the Secretary of Health and Human
Services determines has fewer than 100 licensed
beds (as defined by the Secretary).
(2) Physician; qualified physician.--(A) The term
``physician'' means, with respect to a hospital, an individual
who is a doctor of medicine or osteopathy legally authorized
under State law to practice medicine and surgery in that
hospital.
(B) The term ``qualified physician'' means, with respect to
a hospital, an individual who is a physician and whose
credentials as such a physician have been verified by the
administration of the hospital (before providing any services
at the hospital) through appropriate means, including
verification through the National Practitioner Databank.
(3) Physician availability.--A physician is considered to
be ``available'' in a hospital if--
(A) the physician is physically present in the
hospital;
(B) the physician's primary responsibility is to be
in attendance to serve the needs of the hospital's
inpatients without delay; and
(C) the physician is not physically present in,
assigned to, serving in, or expected to cover, the
hospital's emergency room or emergency department.
(c) Enforcement.--
(1) Warning.--If the Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') determines
that a hospital has violated subsection (a), in the first
instance the Secretary shall provide a written warning
regarding such violation to the hospital and shall notify the
Inspector General of the Department of Health and Human
Services (in this section referred to as the ``HHS Inspector
General'') of such violation. Subsequently, the HHS Inspector
General shall monitor the compliance of the hospital with the
requirement of subsection (a).
(2) Second violation.--After providing a warning to a
hospital under paragraph (1), if the Secretary determines that
the hospital subsequently and knowingly violates subsection
(a)--
(A) the hospital is subject to a civil money
penalty in an amount not to exceed $100,000, and
(B) the hospital shall submit to the HHS Inspector
General, by not later than 30 days after the date of
such a determination, a remedial plan to prevent future
violations of the requirement of such subsection.
The provisions of section 1128A of the Social Security Act (42
U.S.C. 1320a-7a), other than subsections (a) and (b) of such
section, shall apply to civil money penalties under
subparagraph (A) in the same manner as they apply to a penalty
or proceeding under subsection (a) of such section.
(3) Subsequent violations.--After imposing a civil money
penalty under paragraph (2) against a hospital, if the
Secretary determines that the hospital subsequently and
knowingly violates subsection (a), the Secretary may issue an
order disqualifying the hospital from participation in the
programs under titles XVIII and XIX of the Social Security Act
and from receipt of Federal funds under any grant or
cooperative agreement for such period as the Secretary
specifies and until the Secretary receives satisfactory
assurances that the hospital will be in substantial compliance
with the requirement of subsection (a).
(4) Failure to submit or comply with remedial plan.--If the
Secretary determines, after consultation with the HHS Inspector
General, that a hospital has failed to submit a satisfactory
remedial plan required under paragraph (2)(B) or is failing to
substantially carry out such a plan, the Secretary may suspend
payment of funds to the hospital under titles XVIII and XIX of
the Social Security Act and under Federal grants or cooperative
agreements until the Secretary receives satisfactory assurances
that such failures will not continue.
(d) Effective Date.--This section shall take effect on the first
day of the first month that begins more than 180 days after the date of
the enactment of this Act. | Physician Availability Act of 1999 - Requires each non-Federal hospital with a specified participation agreement under title XVIII (Medicare) of the Social Security Act, participating under title XIX (Medicaid) of such Act, or receiving Federal funds, and with at least 100 licensed beds, to have a qualified physician available in the hospital (other than in the emergency department) 24 hours a day, seven days a week to attend to the hospital's inpatients. Provides for enforcement, including through civil penalties and suspension or disqualification from Medicare or Medicaid. | {"src": "billsum_train", "title": "Physician Availability Act of 1999"} | 1,150 | 131 | 0.570487 | 1.472303 | 0.680544 | 2.485714 | 9.695238 | 0.847619 |
SECTION 1. SHORT TITLE
This Act may be cited as the ``Rural Wireless Telecommunications
Consumer Enhancement Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Telecommunications Act of 1996 was enacted to
foster the deployment of telecommunications and information
technologies to all Americans by promoting competition and
reducing regulation.
(2) The Telecommunications Act of 1996 specifically
recognized the unique challenges in delivering services in
rural and underserved areas.
(3) Small wireless carriers in rural areas are uniquely
positioned to offer quality services and competitive
initiatives to benefit consumers in such less densely populated
regions.
(4) Existing regulations are typically tailored to the
circumstances of larger carriers and therefore often impose
disproportionate burdens on small rural wireless carriers
inhibiting the ability of these carriers to expand
telecommunications services and offer new competitive
initiatives to consumers living in rural areas.
(5) Reducing regulatory burdens on small rural wireless
carriers located in and serving rural areas will enable these
carriers to commit resources to the deployment of expanded
telecommunications services and competitive initiatives to
benefit consumers living in such areas.
(6) Reducing regulatory burdens on small rural wireless
carriers located in and serving rural areas will increase
carriers' abilities to respond to marketplace conditions
allowing them to accelerate deployment of wireless services and
competitive initiatives to benefit businesses and residents in
rural areas.
(b) Purposes.--The purposes of this Act are--
(1) to accelerate deployment of wireless telecommunications
and the development of competition in the telecommunications
industry in all regions of the Nation, consistent with the
Telecommunications Act of 1996, by reducing regulatory burdens
on small rural wireless carriers located in and serving rural
communities;
(2) to improve such carriers' abilities to offer new
competitive initiatives; and
(3) to allow such carriers to redirect resources from
paying the costs of such regulatory burdens to increasing
investment in such initiatives.
SEC. 3. DEFINITIONS.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by redesignating paragraphs (40) through (52) as
paragraphs (41) through (53), respectively; and
(2) by inserting after paragraph (39) the following new
paragraph:
``(40) Small rural wireless carriers.--The term `small
rural wireless carriers' means any wireless company (together
with all affiliates) whose wireless subscribers are fewer than
1 percent of the Nation's wireless subscribers in the aggregate
nationwide.''.
SEC. 4. REDUCED REGULATORY BURDENS ON SMALL RURAL WIRELESS CARRIERS.
Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c))
is amended by adding at the end the following new paragraph:
``(9) Small rural wireless carriers.--
``(A) Commission to take into account
differences.--In adopting rules that apply to small
rural wireless carriers (as defined in this Act) the
Commission shall separately evaluate the burden that
any proposed regulatory, compliance, or reporting
requirements would have on small rural wireless
carriers.
``(B) Effect of commission's failure to take into
account differences.--If the Commission adopts a rule
that applies to small rural wireless carriers and fails
to separately evaluate the burden that any proposed
regulatory, compliance, or reporting requirement would
have on small rural wireless carriers, the Commission
shall not enforce the rule against small rural wireless
carriers until the Commission performs such separate
evaluation.
``(C) If commission determines the rules are
burdensome.--If its evaluation determines that any
proposed regulatory, compliance, or reporting
requirement would create a financial burden on small
rural wireless carriers by imposing additional costs
that require small rural wireless carriers to divert
resources from improving existing and advanced
services, making infrastructure investments, and other
competitive initiatives for the benefit of businesses
and residents in rural areas, the Commission shall
forbear from imposing such requirement on small rural
wireless carriers unless it determines such forbearance
is not in the public interest.
``(D) If forbearance is not in the public
interest.--If the Commission determines that such
forbearance is not in the public interest, the
Commission shall state its reasons for such
determination, develop an alternative schedule that
provides additional time for small rural wireless
carriers to comply with such requirements, and report
such actions to the Congress 30 days prior to
finalizing the regulatory, compliance, or reporting
requirements.
``(E) Additional review not required.--The
Commission is not required to conduct a separate
evaluation under subparagraph (A) if the rules adopted
do not apply to small rural wireless carriers.''.
SEC. 5. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR
WAIVER.
Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is
amended by adding at the end the following new subsection:
``(c) Expedited Action Required.--Not later than 90 days after
receiving from a small rural wireless carrier a petition for
reconsideration or other review filed under this section or a petition
for waiver of a rule, policy, or other Commission requirement, the
Commission shall issue an order granting or denying such petition. If
the Commission fails to act on a petition for waiver subject to the
requirements of this section within this 90-day period, the relief
sought in such petition shall be deemed granted. If the Commission
fails to act on a petition for reconsideration or other review subject
to the requirements of this section within such 90-day period, the
Commission's enforcement of any rule the reconsideration or other
review of which was specifically sought by the petitioning party shall
be stayed with respect to that party.''.
SEC. 6. ESTABLISHING OFFICE OF RURAL ADVOCACY IN THE FEDERAL
COMMUNICATIONS COMMISSION.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following new section:
``SEC. 12. OFFICE OF RURAL ADVOCACY.
``(a) Establishment.--There shall be in the Commission an office to
be known as the `Office of Rural Advocacy' (hereafter in this section
referred to as the `Office'). The Office shall not be a bureau of the
Commission.
``(b) Head of Office.--The Office shall be headed by the Rural
Advocate of the Federal Communications Commission. The Rural Advocate
shall be appointed by the President, by and with the advice and consent
of the Senate, from among citizens of the United States. The Rural
Advocate shall have a status and rank in the Commission commensurate
with the status and rank in the Commission of the heads of the bureaus
of the Commission.
``(c) Responsibilities of Office.--The responsibilities of the
Office are as follows:
``(1) To promote access to wireless telecommunications
services for populations in the rural United States.
``(2) To assess the effectiveness of existing Federal
programs for providers of wireless telecommunications services
in rural areas and make recommendations to Congress for
legislative actions to improve such programs.
``(3) To measure the costs and other effects of Federal
regulations on the capability of wireless telecommunications
carriers in rural areas to provide telecommunications services
in such areas and make recommendations for legislative and non-
legislative actions to modify such regulations so as to
minimize the interference of such regulations with that
capability.
``(4) To represent the views and interests of rural
populations and providers of telecommunications services in
rural areas before any department or agency of the Federal
Government whose policies and activities affect the receipt or
delivery of telecommunications services in rural areas.
``(5) To serve as a focal point for the receipt of
complaints, criticisms, and suggestions concerning policies and
activities of any department or agency of the Federal
Government which affect the delivery of telecommunications
services in rural areas.
``(d) Staff.--For purposes of carrying out the responsibilities of
the Office, the Rural Advocate may employ personnel not to exceed 10
individuals with a rate of pay not to exceed GS-15 of the General
Schedule.
``(e) Annual Report.--The Rural Advocate shall submit to the
Congress, the President, and the Commission on an annual basis a report
on the activities of the Office under this section during the preceding
year. The report may include any recommendations for legislative or
other action that the Rural Advocate considers appropriate. Nothing in
this section shall be construed to limit the Rural Advocate from making
other reports as deemed appropriate by the Rural Advocate.
``(f) Limited Authority.--Nothing in this section should be
interpreted to give the Rural Advocate any authority to impose or to
seek imposition from the Commission on small rural wireless carriers of
any additional regulatory, compliance, or reporting requirements.''.
SEC. 7. EFFECTIVE DATE.
This Act shall apply to all rulemaking that is pending on or
commenced after the date of enactment of this Act. | Rural Wireless Telecommunications Consumer Enhancement Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), in adopting rules that apply to small rural wireless carriers (carriers with fewer than one percent of the Nation's wireless subscribers), to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirement would have on such carriers. Requires forbearance in the imposition of any requirement that would cause such carriers to divert resources from improving existing and advanced services, making infrastructure investments, and undertaking other initiatives for the benefit of businesses and residents in rural areas, so long as such forbearance is in the public interest.Requires the FCC to act within 90 days on a petition from such a carrier for reconsideration or other review of an FCC rule, policy, or other requirement.Establishes in the FCC an Office of Rural Advocacy to undertake specified activities with respect to the promotion and provision of wireless telecommunications services for rural populations. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to foster the deployment of wireless telecommunications services to consumers in rural areas."} | 1,983 | 224 | 0.582044 | 1.730981 | 0.740854 | 3.73224 | 10 | 0.912568 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generation-Skipping Transfer Tax
Amendments Act of 1999''.
SEC. 2. DEEMED ALLOCATION OF GST EXEMPTION TO LIFETIME TRANSFERS TO
TRUSTS; RETROACTIVE ALLOCATIONS.
(a) In General.--Section 2632 of the Internal Revenue Code of 1986
(relating to special rules for allocation of GST exemption) is amended
by redesignating subsection (c) as subsection (e) and by inserting
after subsection (b) the following new subsections:
``(c) Deemed Allocation to Certain Lifetime Transfers to GST
Trusts.--
``(1) In general.--If any individual makes an indirect skip
during such individual's lifetime, any unused portion of such
individual's GST exemption shall be allocated to the property
transferred to the extent necessary to make the inclusion ratio
for such property zero. If the amount of the indirect skip
exceeds such unused portion, the entire unused portion shall be
allocated to the property transferred.
``(2) Unused portion.--For purposes of paragraph (1), the
unused portion of an individual's GST exemption is that portion
of such exemption which has not previously been--
``(A) allocated by such individual,
``(B) treated as allocated under subsection (b)
with respect to a direct skip occurring during or
before the calendar year in which the indirect skip is
made, or
``(C) treated as allocated under paragraph (1) with
respect to a prior indirect skip.
``(3) Definitions.--
``(A) Indirect skip.--For purposes of this
subsection, the term `indirect skip' means any transfer
of property subject to the tax imposed by chapter 12
made to a GST trust.
``(B) GST trust.--The term `GST trust' means a
trust that could have a generation-skipping transfer
with respect to the transferor unless--
``(i) the trust instrument provides that
more than 25 percent of the trust corpus must
be distributed to or may be withdrawn by 1 or
more individuals who are non-skip persons--
``(I) before the date that the
individual attains age 46,
``(II) on or before 1 or more dates
specified in the trust instrument that
will occur before the date that such
individual attains age 46, or
``(III) upon the occurrence of an
event that, in accordance with
regulations prescribed by the
Secretary, may reasonably be expected
to occur before the date that such
individual attains age 46;
``(ii) the trust instrument provides that
more than 25 percent of the trust corpus must
be distributed to or may be withdrawn by 1 or
more individuals who are non-skip persons and
who are living on the date of death of another
person identified in the instrument (by name or
by class) who is more than 10 years older than
such individuals;
``(iii) the trust instrument provides that,
if 1 or more individuals who are non-skip
persons die on or before a date or event
described in clause (i) or (ii), more than 25
percent of the trust corpus either must be
distributed to the estate or estates of 1 or
more of such individuals or is subject to a
general power of appointment exercisable by 1
or more of such individuals;
``(iv) the trust is a trust any portion of
which would be included in the gross estate of
a non-skip person (other than the transferor)
if such person died immediately after the
transfer;
``(v) the trust is a charitable lead
annuity trust (within the meaning of section
2642(e)(3)(A)) or a charitable remainder
annuity trust or a charitable remainder
unitrust (within the meaning of section
664(d)); or
``(vi) the trust is a trust with respect to
which a deduction was allowed under section
2522 for the amount of an interest in the form
of the right to receive annual payments of a
fixed percentage of the net fair market value
of the trust property (determined yearly) and
which is required to pay principal to a non-
skip person if such person is alive when the
yearly payments for which the deduction was
allowed terminate.
For purposes of this subparagraph, the value of
transferred property shall not be considered to be
includible in the gross estate of a non-skip person or
subject to a right of withdrawal by reason of such person holding a
right to withdraw so much of such property as does not exceed the
amount referred to in section 2503(b) with respect to any transferor,
and it shall be assumed that powers of appointment held by non-skip
persons will not be exercised.
``(4) Automatic allocations to certain gst trusts.--For
purposes of this subsection, an indirect skip to which section
2642(f) applies shall be deemed to have been made only at the
close of the estate tax inclusion period. The fair market value
of such transfer shall be the fair market value of the trust
property at the close of the estate tax inclusion period.
``(5) Applicability and effect.--
``(A) In general.--An individual--
``(i) may elect to have this subsection not
apply to--
``(I) an indirect skip, or
``(II) any or all transfers made by
such individual to a particular trust,
and
``(ii) may elect to treat any trust as a
GST trust for purposes of this subsection with
respect to any or all transfers made by such
individual to such trust.
``(B) Elections.--
``(i) Elections with respect to indirect
skips.--An election under subparagraph
(A)(i)(I) shall be deemed to be timely if filed
on a timely filed gift tax return for the
calendar year in which the transfer was made or
deemed to have been made pursuant to paragraph
(4) or on such later date or dates as may be
prescribed by the Secretary.
``(ii) Other elections.--An election under
clause (i)(II) or (ii) of subparagraph (A) may
be made on a timely filed gift tax return for
the calendar year for which the election is to
become effective.
``(d) Retroactive Allocations.--
``(1) In general.--If--
``(A) a non-skip person has an interest or a future
interest in a trust to which any transfer has been
made,
``(B) such person--
``(i) is a lineal descendant of a
grandparent of the transferor or of a
grandparent of the transferor's spouse or
former spouse, and
``(ii) is assigned to a generation below
the generation assignment of the transferor,
and
``(C) such person predeceases the transferor,
then the transferor may make an allocation of any of such
transferor's unused GST exemption to any previous transfer or
transfers to the trust on a chronological basis.
``(2) Special rules.--If the allocation under paragraph (1)
by the transferor is made on a gift tax return filed on or
before the date prescribed by section 6075(b) for gifts made
within the calendar year within which the non-skip person's
death occurred--
``(A) the value of such transfer or transfers for
purposes of section 2642(a) shall be determined as if
such allocation had been made on a timely filed gift
tax return for each calendar year within which each
transfer was made,
``(B) such allocation shall be effective
immediately before such death, and
``(C) the amount of the transferor's unused GST
exemption available to be allocated shall be determined
immediately before such death.
``(3) Future interest.--For purposes of this subsection, a
person has a future interest in a trust if the trust may permit
income or corpus to be paid to such person on a date or dates
in the future.''.
(b) Conforming Amendment.--Paragraph (2) of section 2632(b) of such
Code is amended by striking ``with respect to a direct skip'' and
inserting ``or subsection (c)(1)''.
(c) Effective Dates.--
(1) Deemed allocation.--Section 2632(c) of the Internal
Revenue Code of 1986 (as added by subsection (a)), and the
amendment made by subsection (b), shall apply to transfers
subject to chapter 11 or 12 of such Code made after December
31, 1999, and to estate tax inclusion periods ending after
December 31, 1999.
(2) Retroactive allocations.--Section 2632(d) of the
Internal Revenue Code of 1986 (as added by subsection (a))
shall apply to deaths of non-skip persons occurring after the
date of the enactment of this Act.
SEC. 3. SEVERING OF TRUSTS.
(a) In General.--Subsection (a) of section 2642 of the Internal
Revenue Code of 1986 (relating to inclusion ratio) is amended by adding
at the end the following new paragraph:
``(3) Severing of trusts.--
``(A) In general.--If a trust is severed in a
qualified severance, the trusts resulting from such
severance shall be treated as separate trusts
thereafter for purposes of this chapter.
``(B) Qualified severance.--For purposes of
subparagraph (A)--
``(i) In general.--The term `qualified
severance' means the division of a single trust
and the creation (by any means available under
the governing instrument or under local law) of
2 or more trusts if--
``(I) the single trust was divided
on a fractional basis, and
``(II) the terms of the new trusts,
in the aggregate, provide for the same
succession of interests of
beneficiaries as are provided in the
original trust.
``(ii) Trusts with inclusion ratio greater
than zero.--If a trust has an inclusion ratio
of greater than zero and less than 1, a
severance is a qualified severance only if the single trust is divided
into 2 trusts, one of which receives a fractional share of the total
value of all trust assets equal to the applicable fraction of the
single trust immediately before the severance. In such case, the trust
receiving such fractional share shall have an inclusion ratio of zero
and the other trust shall have an inclusion ratio of 1.
``(iii) Regulations.--The term `qualified
severance' includes any other severance
permitted under regulations prescribed by the
Secretary.
``(C) Timing and manner of severances.--A severance
pursuant to this paragraph may be made at any time. The
Secretary shall prescribe by forms or regulations the
manner in which the qualified severance shall be
reported to the Secretary.''.
(b) Effective Date.--The amendment made by this section shall apply
to severances after the date of the enactment of this Act.
SEC. 4. MODIFICATION OF CERTAIN VALUATION RULES.
(a) Gifts for Which Gift Tax Return Filed or Deemed Allocation
Made.--Paragraph (1) of section 2642(b) of the Internal Revenue Code of
1986 (relating to valuation rules, etc.) is amended to read as follows:
``(1) Gifts for which gift tax return filed or deemed
allocation made.--If the allocation of the GST exemption to any
transfers of property is made on a gift tax return filed on or
before the date prescribed by section 6075(b) for such transfer
or is deemed to be made under section 2632 (b)(1) or (c)(1)--
``(A) the value of such property for purposes of
subsection (a) shall be its value as finally determined
for purposes of chapter 12 (within the meaning of
section 2001(f)(2)), or, in the case of an allocation
deemed to have been made at the close of an estate tax
inclusion period, its value at the time of the close of
the estate tax inclusion period, and
``(B) such allocation shall be effective on and
after the date of such transfer, or, in the case of an
allocation deemed to have been made at the close of an
estate tax inclusion period, on and after the close of
such estate tax inclusion period.''.
(b) Transfers at Death.--Subparagraph (A) of section 2642(b)(2) of
such Code is amended to read as follows:
``(A) Transfers at death.--If property is
transferred as a result of the death of the transferor,
the value of such property for purposes of subsection
(a) shall be its value as finally determined for
purposes of chapter 11; except that, if the
requirements prescribed by the Secretary respecting
allocation of post-death changes in value are not met,
the value of such property shall be determined as of
the time of the distribution concerned.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 1431 of the Tax
Reform Act of 1986.
SEC. 5. RELIEF PROVISIONS.
(a) In General.--Section 2642 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Relief Provisions.--
``(1) Relief for late elections.--
``(A) In general.--The Secretary shall by
regulation prescribe such circumstances and procedures
under which extensions of time will be granted to
make--
``(i) an allocation of GST exemption
described in paragraph (1) or (2) of subsection
(b), and
``(ii) an election under subsection (b)(3)
or (c)(5) of section 2632.
Such regulations shall include procedures for
requesting comparable relief with respect to transfers
made before the date of enactment of this paragraph.
``(B) Basis for determinations.--In determining
whether to grant relief under this paragraph, the
Secretary shall take into account all relevant
circumstances, including evidence of intent contained
in the trust instrument or instrument of transfer and
such other factors as the Secretary deems relevant. For
purposes of determining whether to grant relief under
this paragraph, the time for making the allocation (or
election) shall be treated as if not expressly
prescribed by statute.
``(2) Substantial compliance.--An allocation of GST
exemption under section 2632 that demonstrates an intent to
have a zero inclusion ratio with respect to a transfer or a
trust shall be deemed to be an allocation of so much of the
transferor's unused GST exemption as produces, to the extent
possible, a zero inclusion ratio. In determining whether there
has been substantial compliance, all relevant circumstances
shall be taken into account, including evidence of intent
contained in the trust instrument or instrument of transfer and
such other factors as the Secretary deems relevant.''.
(b) Effective Dates.--
(1) Relief for late elections.--Section 2642(g)(1) of the
Internal Revenue Code of 1986 (as added by subsection (a))
shall apply to requests pending on, or filed after, the date of
the enactment of this Act.
(2) Substantial compliance.--Section 2642(g)(2) of such
Code (as so added) shall take effect on the date of the
enactment of this Act and shall apply to allocations made prior
to such date for purposes of determining the tax consequences
of generation-skipping transfers with respect to which the
period of time for filing claims for refund has not expired. No
negative implication is intended with respect to the
availability of relief for late elections or the application of
a rule of substantial compliance prior to the enactment of this
amendment. | Requires the trusts resulting from a qualified severance to be treated as separate trusts.
Revises valuation rules concerning gifts for which a gift tax return was filed or a deemed allocation was made.
Requires regulations permitting the granting of extensions of time to make an allocation of a GST exemption. | {"src": "billsum_train", "title": "Generation-Skipping Transfer Tax Amendments Act of 1999"} | 3,528 | 74 | 0.480979 | 1.240282 | 0.203237 | 2.236364 | 58.490909 | 0.890909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pulmonary Hypertension Research Act
of 2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) In order to take full advantage of the tremendous
potential for finding a cure or effective treatment, the
Federal investment in pulmonary hypertension must be expanded,
and coordination among the national research institutes of the
National Institutes of Health must be strengthened.
(2) Primary, or unexplained, pulmonary hypertension
(``PPH'') is a rare lung disorder which occurs for no apparent
reason. It has been historically chronic and incurable with a
poor survival rate.
(3) In the United States it has been estimated that 300 new
cases of PPH are diagnosed each year, or about two persons per
million population per year; the greatest number are reported
in women between the ages of 21 and 40. While at one time the
disease was thought to occur among young women almost
exclusively; we now know, however, that men and women in all
age ranges, from very young children to elderly people, can
develop PPH. It also affects people of all racial and ethnic
origins equally.
(4) The low prevalence of PPH makes learning more about the
disease extremely difficult. Studies of PPH also have been
difficult because a good animal model of the disease has not
been available.
(5) In about 6 to 10 percent of cases, PPH is familial.
(6) In the more advanced stages of PPH, the patient is able
to perform only minimal activity and has symptoms even when
resting. The disease may worsen to the point where the patient
is completely bedridden.
(7) PPH remains a diagnosis of exclusion and is rarely
picked up in a routine medical examination. Even in its later
stages, the signs of the disease can be confused with other
conditions affecting the heart and lungs.
(8) In 1981, the National Heart, Lung, and Blood Institute
established the first PPH-patient registry in the world. The
registry followed 194 people with PPH over a period of at least
1 year and, in some cases, for as long as 7.5 years. Much of
what we know about the illness today stems from this study.
(9) Because we still do not understand the cause or have a
cure for PPH, basic research studies are focusing on the
possible involvement of immunologic and genetic factors in the
cause and progression of PPH, looking at agents that cause
narrowing of the pulmonary blood vessels, and identifying
factors that cause growth of smooth muscle and formation of
scar tissue in the vessel walls.
(10) During the period January 1996 through December 1997
almost 6,000,000 Americans took anorexic drugs, which can cause
PPH in some people. Thousands now have PPH and are in terminal
stages or have already succumbed to the disease. It is
anticipated that many more cases of PPH from diet drugs will be
diagnosed within the coming years.
(11) Secondary pulmonary hypertension (``SPH'') means the
cause is known. Common causes of SPH are the breathing
disorders emphysema and bronchitis. Other less frequent causes
are the inflammatory or collagen vascular diseases such as
scleroderma, CREST syndrome or systemic lupus erythematosus
(``SLE''). Other causes include congenital heart diseases that
cause shunting of extra blood through the lungs like
ventricular and atrial septal defects, chronic pulmonary
thromboembolism, HIV infection, liver disease and certain diet
drugs.
SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE WITH RESPECT TO
RESEARCH ON PULMONARY HYPERTENSION.
Subpart 2 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285b et seq.) is amended by inserting after section 424B the
following section:
``pulmonary hypertension
``Sec. 424C. (a) In General.--
``(1) Expansion of activities.--The Director of the
Institute shall expand, intensify, and coordinate the
activities of the Institute with respect to research on
pulmonary hypertension.
``(2) Coordination with other institutes.--The Director of
the Institute shall coordinate the activities of the Director
under paragraph (1) with similar activities conducted by other
national research institutes and agencies of the National
Institutes of Health to the extent that such Institutes and
agencies have responsibilities that are related to pulmonary
hypertension.
``(b) Centers of Excellence.--
``(1) In general.--In carrying out subsection (a), the
Director of the Institute shall make grants to, or enter into
contracts with, public or nonprofit private entities for the
development and operation of centers to conduct research on pulmonary
hypertension.
``(2) Research, training, and information and education.--
``(A) In general.--With respect to pulmonary
hypertension, each center assisted under paragraph (1)
shall--
``(i) conduct basic and clinical research
into the cause, diagnosis, early detection,
prevention, control, and treatment of such
disease;
``(ii) conduct training programs for
scientists and health professionals;
``(iii) conduct programs to provide
information and continuing education to health
professionals; and
``(iv) conduct programs for the
dissemination of information to the public.
``(B) Stipends for training of health
professionals.--A center under paragraph (1) may use
funds under such paragraph to provide stipends for
scientists and health professionals enrolled in
programs described in subparagraph (A)(ii).
``(3) Coordination of centers; reports.--The Director
shall, as appropriate, provide for the coordination of
information among centers under paragraph (1) and ensure
regular communication between such centers, and may require the
periodic preparation of reports on the activities of the
centers and the submission of the reports to the Director.
``(4) Organization of centers.--Each center under paragraph
(1) shall use the facilities of a single institution, or be
formed from a consortium of cooperating institutions, meeting
such requirements as may be prescribed by the Director.
``(5) Number of centers; duration of support.--The Director
shall, subject to the extent of amounts made available in
appropriations Acts, provide for the establishment of not less
than three centers under paragraph (1). Support of such a
center may be for a period not exceeding 5 years. Such period
may be extended for one or more additional periods not
exceeding 5 years if the operations of such center have been
reviewed by an appropriate technical and scientific peer review
group established by the Director and if such group has
recommended to the Director that such period should be
extended.
``(c) Data System; Clearinghouse.--
``(1) Data system.--The Director of the Institute shall
establish a data system for the collection, storage, analysis,
retrieval, and dissemination of data derived from patient
populations with pulmonary hypertension, including where
possible, data involving general populations for the purpose of
identifying individuals at risk of developing such condition.
``(2) Clearinghouse.--The Director of the Institute shall
establish an information clearinghouse to facilitate and
enhance, through the effective dissemination of information,
knowledge and understanding of pulmonary hypertension by health
professionals, patients, industry, and the public.
``(d) Public Input.--In carrying out subsection (a), the Director
of the Institute shall provide for means through which the public can
obtain information on the existing and planned programs and activities
of the National Institutes of Health with respect to primary
hypertension and through which the Director can receive comments from
the public regarding such programs and activities.
``(e) Reports.--The Director of the Institute shall prepare
biennial reports on the activities conducted and supported under this
section, and shall include such reports in the biennial reports
prepared by the Director under section 407.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary up to $25,000,000 for each of the fiscal years 2002
through 2006. Such authorizations of appropriations are in addition to
any other authorization of appropriations that is available for such
purpose.''. | Pulmonary Hypertension Research Act of 2001 - Amends the Public Health Service Act to require the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension. Requires a report. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the activities of the National Heart, Lung, and Blood Institute with respect to research on pulmonary hypertension."} | 1,822 | 66 | 0.353947 | 0.920419 | 0.86745 | 5.215686 | 33.156863 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy and High Performance Schools
Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) American kindergarten through grade 12 schools spend
over $6,000,000,000 annually on energy costs, which is more
than is spent on books and computers combined.
(2) Approximately 25,000,000 students are attending schools
with at least 1 unsatisfactory environmental condition.
(3) Educators teach and students learn best in an
environment that is comfortable, healthy, naturally lit where
possible, and in good repair, and studies have indicated that
student achievement is greater and attendance higher when those
conditions are met.
(4) Over half of our Nation's kindergarten through grade 12
schools are more than 40 years old and in need of renovation to
reach such standard of efficiency and comfort, and 6,000 new
schools will be required over the next 10 years to accommodate
the growing number of students.
(5) Inadequate ventilation in school buildings, poor
lighting and acoustical quality, and uncomfortable temperatures
can cause poor health and diminish students' capacity to
concentrate and excel.
(6) Inefficient use of water, either in consumption or from
poorly maintained systems, is prevalent in older schools.
(7) Using a whole building approach in the design of new
schools and the renovation of existing schools (considering how
materials, systems, and products connect and overlap and also
how a school is integrated on its site and within the
surrounding community) will result in healthy and high
performance school buildings.
(8) Adoption of whole building concepts has been shown to
result in dramatic improvements in student and teacher
performance.
(9) Adopting a whole building approach usually results in a
lower life cycle cost for the school building than for a
conventionally designed and built building.
(10) Systematic use of energy conservation in school
construction and renovation projects can save at least one
quarter of current energy costs, leaving more money for
teachers and educational materials.
(11) The use of renewable energy sources such as
daylighting, solar, wind, geothermal, hydropower, and biomass
power in a building already designed to be energy-efficient can
help meet the building's energy needs without added emissions.
(12) Using environmentally preferable products and
providing for adequate supplies of fresh air will improve
indoor air quality and provide healthful school buildings.
(13) Most school districts do not have the knowledge of
cutting-edge design and technologies to integrate optimum
efficiency and environmentally healthy designs into new school
construction or into school renovations.
(b) Purpose.--It is the purpose of this Act to assist local
educational agencies in the production of high performance elementary
school and secondary school buildings that are healthful, productive,
energy-efficient, and environmentally sound.
SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.
(a) Program.--There is established in the Department of Education
the High Performance Schools Program (in this Act referred to as the
``Program'').
(b) Grants.--The Secretary, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection Agency,
may, through the Program, award grants to State educational agencies to
permit such State educational agencies to carry out subsection (c).
(c) State Use of Funds.--
(1) Subgrants.--
(A) In general.--A State educational agency
receiving a grant under this Act shall use the grant
funds made available under section 4(a)(1) to award
subgrants to local educational agencies to permit such
local educational agencies to carry out the activities
described in subsection (d).
(B) Limitation.--A State educational agency shall
award subgrants under subparagraph (A) to local
educational agencies that have made a commitment to use
the subgrant funds to develop healthy, high performance
school buildings in accordance with the plan developed
and approved pursuant to subparagraph (C)(i).
(C) Implementation.--
(i) Plans.--A State educational agency
shall award subgrants under paragraph (1) only
to local educational agencies that, in
consultation with the State educational agency
and State offices with responsibilities
relating to energy and health, have developed
plans that the State educational agency
determines to be feasible and appropriate in
order to achieve the purposes for which such
subgrants are made.
(ii) Supplementing grant funds.--The State
educational agency shall encourage qualifying
local educational agencies to supplement their
subgrant funds with funds from other sources in
the implementation of their plans.
(2) Administration.--A State educational agency receiving a
grant under this Act shall use the grant funds made available
under section 4(a)(2)--
(A) to evaluate compliance by local educational
agencies with the requirements of this Act;
(B) to distribute information and materials to
clearly define and promote the development of healthy,
high performance school buildings for both new and
existing facilities;
(C) to organize and conduct programs for school
board members, school district personnel, architects,
engineers, and others to advance the concepts of
healthy, high performance school buildings;
(D) to obtain technical services and assistance in
planning and designing high performance school
buildings; and
(E) to collect and monitor information pertaining
to the high performance school building projects funded
under this Act.
(3) Promotion.--Subject to section 4(a), a State
educational agency receiving a grant under this Act may use
grant funds for promotional and marketing activities, including
facilitating private and public financing, working with school
administrations, students, and communities, and coordinating
public benefit programs.
(d) Local Use of Funds.--
(1) In general.--A local educational agency receiving a
subgrant under subsection (c)(1) shall use such subgrant funds
for new school building projects and renovation projects that--
(A) achieve energy-efficiency performance that
reduces energy use to at least 30 percent below that of
a school constructed in compliance with standards
prescribed in Chapter 8 of the 2000 International
Energy Conservation Code, or a similar State code
intended to achieve substantially equivalent results;
and
(B) achieve environmentally healthy schools in
compliance with Federal and State codes intended to
achieve healthy and safe school environments.
(2) Existing buildings.--A local educational agency
receiving a subgrant under subsection (c)(1) for renovation of
existing school buildings shall use such subgrant funds to
achieve energy efficiency performance that reduces energy use
below the school's baseline consumption, assuming a 3-year,
weather-normalized average for calculating such baseline and to
help bring schools into compliance with health and safety
standards.
SEC. 4. ALLOCATION OF FUNDS.
(a) In General.--A State receiving a grant under this Act shall
use--
(1) not less than 70 percent of such grant funds to carry
out section 3(c)(1); and
(2) not less than 15 percent of such grant funds to carry
out section 3(c)(2).
(b) Reservation.--The Secretary may reserve an amount not to exceed
$300,000 per year from amounts appropriated under section 6 to assist
State educational agencies in coordinating and implementing the
Program. Such funds may be used to develop reference materials to
further define the principles and criteria to achieve healthy, high
performance school buildings.
SEC. 5. REPORT TO CONGRESS.
(a) In General.--The Secretary shall conduct a biennial review of
State actions implementing this Act, and shall report to Congress on
the results of such reviews.
(b) Reviews.--In conducting such reviews, the Secretary shall
assess the effectiveness of the calculation procedures used by State
educational agencies in establishing eligibility of local educational
agencies for subgrants under this Act, and may assess other aspects of
the Program to determine whether the aspects have been effectively
implemented.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act--
(1) $250,000,000 for each of fiscal years 2002 through
2005; and
(2) such sums as may be necessary for each of fiscal years
2006 through 2011.
SEC. 7. DEFINITIONS.
In this Act:
(1) Elementary school and secondary school.--The terms
``elementary school'' and ``secondary school'' have the same
meanings given such terms in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) Healthy, high performance school building.--The term
``healthy, high performance school building'' means a school
building which, in its design, construction, operation, and
maintenance, maximizes use of renewable energy and energy-
efficient practices, is cost-effective on a life cycle basis,
uses affordable, environmentally preferable, durable materials,
enhances indoor environmental quality, protects and conserves
water, and optimizes site potential.
(3) Local educational agency.--The term ``local educational
agency'' has the same meaning given such term in section 14101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(4) Renewable energy.--The term ``renewable energy'' means
energy produced by solar, wind, geothermal, hydroelectric, or
biomass power.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State educational agency.--The term ``State educational
agency'' has the same meaning given such term in section 14101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801). | Healthy and High Performance Schools Act of 2001 - Establishes in the Department of Education a High Performance Schools Program.Authorizes the Secretary of Education to award grants to States to provide subgrants to local educational agencies for renovation projects to make existing elementary school and secondary school buildings energy-efficient and environmentally healthy. | {"src": "billsum_train", "title": "A bill to establish Healthy and High Performance Schools Program in the Department of Education and for other purposes."} | 2,033 | 68 | 0.4248 | 1.069865 | 1.236955 | 2.964912 | 33.912281 | 0.929825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Furthering International Nuclear
Safety Act of 2010''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To recognize the paramount importance of international
nuclear safety cooperation for operating power reactors.
(2) To further the efforts of the Convention on Nuclear
Safety as a vital international forum on nuclear safety.
(3) To support progress in improving nuclear safety for
countries that currently have or are considering the
development of a civilian nuclear power program.
(4) To enhance the public availability of nuclear safety
information.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Environment and Public Works
of the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Energy and Commerce of the
House of Representatives; and
(F) the Committee on Oversight and Government
Reform of the House of Representatives.
(2) Convention.--The term ``Convention'' means the
Convention on Nuclear Safety, done at Vienna September 20,
1994, and ratified by the United States April 11, 1999.
(3) Meeting.--The term ``meeting'' means a meeting as
described under Article 20, 21, or 23 of the Convention.
(4) National report.--The term ``national report'' means a
report as described under Article 5 of the Convention.
(5) Party.--The term ``party'' means a nation that has
formally joined the Convention through ratification or other
means.
(6) Summary report.--The term ``summary report'' means a
report as described under Article 25 of the Convention.
SEC. 4. UNITED STATES EFFORTS TO FURTHER INTERNATIONAL NUCLEAR SAFETY.
The President shall instruct the United States official serving as
the delegate to the meetings of the Convention on Nuclear Safety
pursuant to Article 24 of the Convention to use the voice, vote, and
influence of the United States, while recognizing that these efforts by
parties are voluntary, to encourage, where appropriate--
(1) parties to more systematically assess where and how
they have made progress in improving safety, including where
applicable through the incorporation of performance metric
tools;
(2) parties to increase the number of national reports they
make available to the public by posting them to a publicly
available Internet Web site of the International Atomic Energy
Agency (IAEA);
(3) parties to expand public dissemination of written
answers to questions raised by other parties about national
reports by posting the information to a publicly available
Internet Web site of the IAEA;
(4) the IAEA to further its support of the Convention, upon
request by a party and where funding is available, by--
(A) providing assistance to parties preparing
national reports;
(B) providing additional assistance to help prepare
for and support meetings, including language
translation services; and
(C) providing additional technical support to
improve the safety of civilian nuclear power programs;
and
(5) all countries that currently have or are considering
the establishment of a civilian nuclear power program to
formally join the Convention.
SEC. 5. STRATEGIC PLAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in cooperation with the heads of other
relevant United States Government agencies, shall develop the United
States Government's strategic plan and goals for international nuclear
safety cooperation for operating power reactors and shall submit them
to the appropriate congressional committees.
SEC. 6. REPORTS.
Not later than 180 days after the issuance of each of the first two
summary reports of the Convention issued after the date of the
enactment of this Act--
(1) the Secretary of State, in cooperation with the heads
of other relevant United States Government agencies, shall
submit to the appropriate congressional committees a report
that describes the status of implementing the strategic plan
and achieving the goals set forth in section 5; and
(2) the United States official serving as the delegate to
the meetings of the Convention shall submit to the appropriate
congressional committees a report providing the status of
achieving the actions set forth in section 4. | Furthering International Nuclear Safety Act of 2010 - Directs The President to instruct the U.S. delegate to the Convention on Nuclear Safety to use U.S. influence to encourage: (1) parties to more systematically assess progress in improving nuclear safety and increase the number and public dissemination of related reports and other information; (2) the International Atomic Energy Agency (IAEA) to further its support of the Convention; and (3) all countries that have or are considering the establishment of a civilian nuclear power program to formally join the Convention.
Directs the Secretary of State to develop and submit to Congress the U.S. government's strategic plan for international nuclear safety cooperation for operating power reactors. | {"src": "billsum_train", "title": "A bill to underscore the importance of international nuclear safety cooperation for operating power reactors, encouraging the efforts of the Convention on Nuclear Safety, supporting progress in improving nuclear safety, and enhancing the public availability of nuclear safety information."} | 936 | 144 | 0.637652 | 1.61561 | 0.722994 | 3.945313 | 7.171875 | 0.929688 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Higher Education and
Lifetime Learning Act of 2007''.
SEC. 2. CONSOLIDATION OF EDUCATION TAX INCENTIVES INTO HIGHER EDUCATION
TAX CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
(relating to Hope and Lifetime Learning credits) is amended to read as
follows:
``SEC. 25A. HIGHER EDUCATION TAX CREDIT.
``(a) Allowance of Credit.--In the case of any eligible student for
whom an election is in effect under this section for any taxable year,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the sum of--
``(1) 50 percent of so much of the higher education
expenses paid by the taxpayer during the taxable year (with
respect to attendance of the eligible student at an eligible
educational institution during any academic period beginning in
such taxable year) as does not exceed $3,000, and
``(2) 30 percent of so much of such expenses as exceeds
$3,000, but does not exceed $8,000.
``(b) Limitations.--
``(1) Higher education expense limitation.--The amount of
higher education expenses taken into account under subsection
(a) with respect to an individual for an academic period shall
not exceed the individual's cost of attendance (as defined in
section 472 of the Higher Education Act of 1965, as in effect
on the date of the enactment of this section) for such period
at the eligible educational institution with respect to which
such higher education expenses were paid.
``(2) Lifetime credit limitation.--The amount of the credit
allowed under subsection (a) for any taxable year with respect
to any eligible student shall not exceed the excess of--
``(A) $12,000, over
``(B) the aggregate credit allowed under subsection
(a) with respect to such eligible student for all prior
taxable years.
``(3) Credit limitation based on modified adjusted gross
income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) for the taxable year shall be reduced (but not
below zero) by the amount determined under subparagraph
(B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) the applicable amount under
subparagraph (D), bears to
``(ii) $30,000 ($60,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(D) Applicable amount.--The applicable amount
under this subparagraph is--
``(i) in the case of a joint return, 200
percent of the dollar amount in effect under
clause (ii) for the taxable year, and
``(ii) in any other case, $50,000.
``(4) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for the taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section and section 23) and
section 27 for the taxable year.
``(c) Definitions.--For purposes of this subsection--
``(1) Eligible student.--The term `eligible student' means,
with respect to any academic period, any individual who meets
the requirements of section 484(a)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of
the enactment of the Taxpayer Relief Act of 1997.
``(2) Higher education expense.--The term `higher education
expense' means any expense of a type which is taken into
account in determining the cost of attendance (as defined in
section 472 of the Higher Education Act of 1965, as in effect
on the date of the enactment of this section) of--
``(A) the taxpayer,
``(B) the taxpayer's spouse, or
``(C) any dependent of the taxpayer with respect to
whom the taxpayer is allowed a deduction under section
151,
at an eligible educational institution with respect to the
attendance of such individual at such institution for the
academic period for which the credit under this section is
being determined.
``(3) Eligible educational institution.--The term `eligible
educational institution' means an institution--
``(A) which is described in section 481 of the
Higher Education Act of 1965, as in effect on the date
of the enactment of the Taxpayer Relief Act of 1997,
and
``(B) which is eligible to participate in a program
under title IV of the Higher Education Act of 1965.
``(d) Special Rules.--
``(1) Identification requirement.--No credit shall be
allowed under subsection (a) to a taxpayer with respect to an
eligible student unless the taxpayer includes the name and
taxpayer identification number of such student on the return of
tax for the taxable year.
``(2) Adjustment for certain scholarships.--The amount of
higher education expenses otherwise taken into account under
subsection (a) with respect to an individual for an academic
period shall be reduced (before the application of subsections
(a) and (b)) by the sum of any amounts paid for the benefit of
such individual which are allocable to such period as--
``(A) a qualified scholarship which is excludable
from gross income under section 117,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or under chapter 1606 of title 10, United
States Code, and
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for such student's educational expenses, or
attributable to such individual's enrollment at an
eligible educational institution, which is excludable
from gross income under any law of the United States.
``(3) Credit allowed only for first 2 years of graduate
education.--No credit shall be allowed under subsection (a) for
a taxable year with respect to the higher education expenses of
an eligible student if the student has completed (before the
beginning of such taxable year) 2 years of graduate education
at one or more eligible educational institutions.
``(4) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins--
``(A) no credit shall be allowed under subsection
(a) to such individual for such individual's taxable
year, and
``(B) higher education expenses paid by such
individual during such individual's taxable year shall
be treated for purposes of this section as paid by such
other taxpayer.
``(5) Treatment of certain prepayments.--If higher
education expenses are paid by the taxpayer during a taxable
year for an academic period which begins during the first 3
months following such taxable year, such academic period shall
be treated for purposes of this section as beginning during
such taxable year.
``(6) Denial of double benefit.--No credit shall be allowed
under this section for any expense for which deduction is
allowed under any other provision of this chapter.
``(7) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(8) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(e) Portion of Credit Refundable.--The aggregate credits allowed
to a taxpayer under subpart C shall be increased by 50 percent of the
portion of the amount of the credit which would be allowed to the
taxpayer under this section without regard to this subsection and the
limitation under section 26(a)(2) or subsection (b)(4), as the case may
be. The amount of the credit allowed under this subsection shall not be
treated as a credit allowed under this subpart and shall reduce the
amount of credit otherwise allowable under subsection (a) without
regard to section 26(a)(2) or subsection (b)(3), as the case may be.
``(f) Election Not To Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the higher education
expenses of an individual for any taxable year.
``(g) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2008, the $50,000 amount in subsection (b)(3)(D) shall
each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2007' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such amount shall
be rounded to the next lowest multiple of $1,000.
``(h) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any expense which was taken into account in determining the amount
of such credit.''.
(b) Repeal of Deduction for Qualified Tuition and Related
Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 of
such Code (relating to additional itemized deductions for
individuals) is amended by striking section 222.
(2) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 222.
(c) Conforming Amendments.--
(1) Subsection (c) of section 23 of such Code is amended by
striking ``and 1400C'' and inserting ``25A, and 1400C''.
(2) Subparagraph (B) of section 24(b)(3) of such Code is
amended by striking ``and 25B'' and inserting ``, 25A, and
25B''.
(3) Subparagraph (C) of section 25(e)(1) of such Code is
amended--
(A) by striking ``25D'' in clause (i) and inserting
``25A, 25D'', and
(B) by striking ``24'' in clause (ii) and inserting
``24, 25A''.
(4) Paragraph (2) of section 25B(g) of such Code is amended
by striking ``section 23'' and inserting ``sections 23 and
25A''.
(5) Subsection (c) of section 25D of such Code is amended--
(A) in paragraph (1) by inserting ``and section
25A'' after ``other than this section'', and
(B) in paragraph (2) by striking ``24'' and
inserting ``24, 25A''.
(6) Subsection (d) of section 1400C of such Code is
amended--
(A) by striking ``section 25D'' in paragraph (1)
and inserting ``sections 25A and 25D'', and
(B) by striking ``24'' in paragraph (2) and
inserting ``24, 25A''.
(7) Section 62(a) of such Code is amended by striking
paragraph (18).
(8) Subparagraph (A) of section 86(b)(2) of such Code is
amended by striking ``, 222''.
(9) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 25A(d)(2)''.
(10) Subparagraph (A) of section 135(c)(4) of such Code is
amended by striking ``, 222''.
(11) Subparagraph (A) of section 137(b)(3) of such Code is
amended by striking ``, 222''.
(12) Subparagraph (A) of section 199(d)(2) of such Code is
amended by striking ``, 222''.
(13) Clause (ii) of section 219(g)(3)(A) of such Code is
amended by striking ``, 222''.
(14) Clause (i) of section 221(b)(2)(C) of such Code is
amended by striking ``, 222''.
(15) Clause (iii) of section 469(i)(3)(F) of such Code is
amended by striking ``221, and 222'' and inserting ``and 221''.
(16) Subsection (d) of section 221 of such Code is
amended--
(A) by striking ``section 25A(g)(2)'' in paragraph
(2)(B) and inserting ``section 25A(d)(2)'', and
(B) by striking ``section 25A(f)(2)'' in the second
sentence of paragraph (2) and inserting ``section
25A(c)(3)''.
(17) Paragraph (3) of section 221(d) of such Code is
amended to read as follows:
``(3) Eligible student.--The term `eligible student' means,
with respect to any academic period, a student who--
``(A) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)), as in effect on the date of the enactment
of the Taxpayer Relief Act of 1997, and
``(B) is carrying at least \1/2\ the normal full-
time workload for the course of study the student is
pursuing.''.
(18) Subclause (I) of section 529(c)(3)(B)(v) of such Code
is amended by striking ``section 25A(g)(2)'' and inserting
``25A(d)(2)''.
(19) Clause (i) of section 529(e)(3)(B) of such Code is
amended by striking ``section 25A(b)(3)'' and inserting
``section 221(d)(3)''.
(20) Subclause (I) of section 530(d)(2)(C)(i) of such Code
is amended by striking ``section 25A(g)(2)'' and inserting
``section 25A(d)(2)''.
(21) Clause (iii) of section 530(d)(4)(B) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``25A(d)(2)''.
(22) Section 1400O of such Code is amended by adding at the
end the following flush sentence:
``For purposes of this section, any reference to section 25A shall be
treated as a reference to such section as in effect on the day before
the date of the enactment of this sentence.''.
(23) Section 6050S of such Code is amended--
(A) by striking ``qualified tuition and related
expenses'' in subsection (a)(2) and inserting
``expenses which are included as part of a student's
cost of attendance (as defined in section 472 of the
Higher Education Act of 1965)'',
(B) by striking clause (i) of subsection (b)(2)(B)
and inserting the following new clause:
``(i) the cost of attendance (as defined in
section 472 of the Higher Education Act of
1965) of such individual,'', and
(C) in subsection (e) by striking ``the terms'' and
all that follows through ``subsection (g)(2) thereof)''
and inserting ``the term `eligible educational
institution' has the meaning given such term by section
25A(c)(3)''.
(24) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``section 25A(g)(1) (relating to higher
education tuition and related expenses)'' and inserting
``section 25A(d)(1) (relating to higher education tax
credit)''.
(25) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``, 25A,'' after ``section
35''.
(26) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25A and inserting the following:
``Sec. 25A. Higher education tax credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2007, for education furnished
in academic periods beginning after such date. | Universal Higher Education and Lifetime Learning Act of 2007 - Amends the Internal Revenue Code of 1986 to replace the Hope Scholarship and Lifetime Learning Tax Credits with a partially refundable Higher Education Tax Credit covering: (1) up to 50% of a taxpayer's higher education expenses for a taxable year that do not exceed $3,000; and (2) up to 30% of such expenses between $3,000 and $8,000.
Sets a lifetime credit limitation of $12,000 per student.
Applies the credit to no more than two years of graduate education.
Repeals the tax deduction for qualified tuition and related expenses. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to consolidate the current education tax incentives into one credit against income tax for higher education expenses, and for other purposes."} | 4,041 | 126 | 0.592348 | 1.454974 | 0.604385 | 2.483051 | 30.576271 | 0.855932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth Act of 1998''.
SEC. 2. REDUCTION IN INDIVIDUAL CAPITAL GAINS TAX RATES.
(a) In General.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(h) Maximum Capital Gains Rate.--
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, the tax imposed by this section for such
taxable year shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
taxable income reduced by the net capital gain,
``(B) 7.5 percent of so much of the net capital
gain (or, if less, taxable income) as does not exceed
the excess (if any) of--
``(i) the amount of taxable income which
would (without regard to this paragraph) be
taxed at a rate below 28 percent, over
``(ii) the taxable income reduced by the
net capital gain, and
``(C) 15 percent of the amount of taxable income in
excess of the sum of the amounts on which tax is
determined under subparagraphs (A) and (B).
``(2) Net capital gain taken into account as investment
income.--For purposes of this subsection, the net capital gain
for any taxable year shall be reduced (but not below zero) by
the amount which the taxpayer takes into account as investment
income under section 163(d)(4)(B)(iii).''.
(b) Alternative Minimum Tax.--Paragraph (3) of section 55(b) of
such Code is amended to read as follows:
``(3) Maximum rate of tax on net capital gain of
noncorporate taxpayers.--The amount determined under the first
sentence of paragraph (1)(A)(i) shall not exceed the sum of--
``(A) the amount determined under such first
sentence computed at the rates and in the same manner
as if this paragraph had not been enacted on the
taxable excess reduced by the net capital gain,
``(B) 7.5 percent of so much of the net capital
gain (or, if less, taxable excess) as does not exceed
the amount on which a tax is determined under section
1(h)(1)(B), and
``(C) 15 percent of the amount of taxable excess in
excess of the sum of the amounts on which tax is
determined under subparagraphs (A) and (B).''.
(c) Conforming Amendments.--
(1) Paragraph (1) of section 1445(e) of such Code is
amended by striking ``20 percent'' and inserting ``15
percent''.
(2) The second sentence of section 7518(g)(6)(A) of such
Code, and the second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936, are each amended by striking ``20
percent'' and inserting ``15 percent''.
(3) Section 311 of the Taxpayer Relief Act of 1997 is
amended by striking subsection (e).
(4) Paragraph (7) of section 57(a) of such Code (as amended
by the Internal Revenue Service Restructuring and Reform Act of
1998) is amended by striking the last sentence.
(5) Paragraphs (11) and (12) of section 1223, and section
1235(a), of such Code (as amended by the Internal Revenue
Service Restructuring and Reform Act of 1998) are each amended
by striking ``18 months'' each place it appears and inserting
``1 year''.
(d) Transitional Rules For Taxable Years Which Include June 24,
1998.--
(1) In general.--Subsection (h) of section 1 of such Code
(as amended by the Internal Revenue Service Restructuring and
Reform Act of 1998) is amended by adding at the end the
following new paragraph:
``(14) Special rules for taxable years which include june
24, 1998.--For purposes of applying this subsection in the case
of a taxable year which includes June 24, 1998--
``(A) Gains or losses properly taken into account
for the period on or after such date shall be
disregarded in applying paragraph (5)(A)(i), subclauses
(I) and (II) of paragraph (5)(A)(ii), paragraph (5)(B),
paragraph (6), and paragraph (7)(A).
``(B) The amount determined under subparagraph (B)
of paragraph (1) shall be the sum of--
``(i) 7.5 percent of the amount which would
be determined under such subparagraph if the
amount of gain taken into account under such
subparagraph did not exceed the net capital
gain taking into account only gain or loss
properly taken into account for the portion of
the taxable year on or after such date, plus
``(ii) 10 percent of the excess of the
amount determined under such subparagraph
(determined without regard to this paragraph)
over the amount determined under clause (i).
``(C) The amount determined under subparagraph (C)
of paragraph (1) shall be the sum of--
``(i) 15 percent of the amount which would
be determined under such subparagraph if the
adjusted net capital gain did not exceed the
net capital gain taking into account only gain
or loss properly taken into account for the
portion of the taxable year on or after such
date, plus
``(ii) 20 percent of the excess of the
amount determined under such subparagraph
(determined without regard to this paragraph)
over the amount determined under clause (i).
``(D) Rules similar to the rules of paragraph
(13)(C) shall apply.''.
(2) Alternative minimum tax.--Paragraph (3) of section
55(b) of such Code (as amended by the Internal Revenue Service
Restructuring and Reform Act of 1998) is amended by adding at
the end the following new sentence: ``For purposes of applying
this paragraph for a taxable year which includes June 24, 1998,
rules similar to the rules of section 1(h)(14) shall apply.''.
(e) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years beginning on or after June 24, 1998.
(2) Transitional rules for taxable years which include june
24, 1998.--The amendments made by subsection (d) shall apply to
taxable years beginning before such date and ending on or after
June 24, 1998.
(3) Withholding.--The amendment made by subsection (c)(1)
shall apply only to amounts paid after the date of the
enactment of this Act.
(4) Certain conforming amendments.--The amendments made by
subsection (c)(5) shall take effect on June 24, 1998. | Economic Growth Act of 1998 - Amends the Internal Revenue Code to reduce individual capital gains tax rates. | {"src": "billsum_train", "title": "Economic Growth Act of 1998"} | 1,533 | 23 | 0.482286 | 0.995315 | 0.466315 | 3.842105 | 74.315789 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korea Sanctions Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) North Korean negotiators in the Six-Party diplomatic
process did not act in good faith by their refusal to agree to
a transparent verification process for denuclearization
consistent with ``international standards'', including
provisions for nuclear sampling, following North Korea's
removal on October 11, 2008, from the list of state sponsors of
terrorism maintained by the Department of State.
(2) International press reports indicate that North Korea
has continued to provide support to Iran in the areas of
missile technology and nuclear development and has provided
Iran's surrogates, Hezbollah and Hamas, with both missile
technology and training in tunneling techniques with which to
attack Israel, an ally of the United States.
(3) International press reports indicate that North Korea
was engaged for a number of years in assistance to Syria in the
construction of a nuclear reactor in the Syrian desert which
was destroyed in a strike by Israeli forces on September 6,
2007.
(4) North Korean negotiators continue to refuse to address
in a humane and sincere manner the issue of the abduction of
civilians of Japan and the Republic of Korea, both allies of
the United States, as well as the abductions of citizens from a
number of other countries, including France, Lebanon, Romania,
and Thailand.
(5) Defectors coming out of North Korea have provided
testimony that United States permanent resident, Reverend Kim
Dong-shik, the spouse and father of United States citizens, was
tortured and murdered inside North Korea after his abduction by
Pyongyang's agents on the Chinese border in January 2000 and
that his remains are currently being held at a military
facility inside North Korea.
(6) Congress authoritatively expressed its view, in section
202(b)(2) of the North Korean Human Rights Act of 2004 (Public
Law 108-333; 22 U.S.C. 24 7832(b)(2)) that ``United States
nonhumanitarian assistance to North Korea shall be contingent
on North Korea's substantial progress'' on human rights
improvements, release of and accounting for abductees, family
reunification, reform of North Korea's labor camp system, and
the decriminalization of political expression, none of which
has occurred.
(7) Congress further authoritatively expressed its view, in
section 2 of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346) that ``human rights and
humanitarian conditions inside North Korea are deplorable'' and
that ``North Korean refugees remain acutely vulnerable''.
(8) Congress has determined that any missile test or launch
conducted by North Korea would be in direct violation of United
Nations Security Council resolution 1695, adopted on July 16,
2006, which ``condemns the multiple launches by the DPRK (North
Korea) of ballistic missiles on July 5, 2006, local time'', and
United Nations Security Council resolution 1718, adopted on
October 9, 2006, which ``demands that the DPRK (North Korea)
not conduct any further nuclear test or launch of a ballistic
missile'' and ``decides that the DPRK shall suspend all
activities related to its ballistic missile programme and in
this context re-establish its pre-existing commitments to a
moratorium on missile launching'', and further determines that
the resulting sanctions imposed under such resolution 1718
would again come into full effect following a missile test or
launch.
(9) Congress has further determined that a return by North
Korea to the Six-Party diplomatic process following any missile
test or launch by Pyongyang must include a firm and transparent
commitment to the complete, verifiable and irreversible
dismantlement of all of North Korea's nuclear programs,
including those derived both from plutonium as well as highly
enriched uranium.
(10) Japanese press reports have indicated that a
delegation of approximately fifteen Iranian missile experts
have arrived in North Korea in March 2009 ``to help Pyongyang
prepare for a rocket launch'', including senior officials with
the Iranian rocket and satellite producer Shahid Hemmat
Industrial Group, and that they brought with them a letter from
their President Mahmoud Ahmadinejad to North Korean leader Kim
Jong-Il stressing the importance of cooperating on space
technology.
SEC. 3. LISTING OF NORTH KOREA AS STATE SPONSOR OF TERRORISM.
(a) In General.--Except as provided under subsection (b), the
Secretary of State shall designate the Democratic People's Republic of
North Korea as a country that has repeatedly provided support for acts
of international terrorism for purposes of section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)); section 40 of the
Arms Export Control Act (22 U.S.C. 2780); and section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371).
(b) Waiver.--The President may waive the requirement to make the
designation under subsection (a) upon certifying to Congress that the
Government of North Korea--
(1) has provided a full, complete, and accurate disclosure
of all aspects of its nuclear program, including its uranium
enrichment capabilities;
(2)(A) has not, in the previous 5 years, engaged in the
illegal transfer of missile or nuclear technology, particularly
to the governments of Iran, Syria, or any other country, the
government of which the Secretary of State has determined, for
purposes of section 6(j) of the Export Administration Act of
1979 (as continued in effect pursuant to the International
Emergency Economic Powers Act), section 40 of the Arms Export
Control Act, section 620A of the Foreign Assistance Act of
1961, or other provision of law, is a government that has
repeatedly provided support for international acts of
terrorism; and
(B) has fully disclosed all proliferation activities in the
past 10 years, which if occurring today, would violate United
Nations Security Council Resolution 1718 (2006);
(3) has not, in the previous 5 years, engaged in training
in combat operations or tunneling, or harboring, supplying,
financing, or supporting in any way--
(A) Hamas, Hezbollah, the Japanese Red Army, or any
member of such organizations;
(B) any organization designated by the Secretary of
State as a foreign terrorist organization in accordance
with section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)); and
(C) any person included on the annex to Executive
Order 13224 (September 21, 2001) and any other person
identified under section 1 of that Executive Order
whose property and interests are blocked by that
section (commonly known as a ``specially designated
global terrorist'');
(4) has--
(A) released United States citizens Euna Lee and
Laura Ling, who were working as journalists reporting
on refugees on the North Korean border of China when
they were detained by North Korean guards on March 17,
2009; and
(B) returned the last remains of United States
permanent resident, Reverend Kim Dong-shik, to his
United States citizen widow, family, and church
members, so that he may be provided with a proper
Christian burial in Chicago;
(5) has released the Japanese nationals recognized as
abduction victims by the Government of Japan as well as
abduction victims recognized by the Government of the Republic
of Korea;
(6) has released an estimated 600 surviving South Korean
POWs, and any other surviving POWs from the Korean War, who
have been held in North Korea against their will and in
violation of the Armistice Agreement since hostilities ended in
July 1953;
(7) has opened the North Korean penal system, including the
gulag of concentration camps holding an estimated 200,000
political and religious prisoners, to unrestricted and regular
visits by representatives of the International Committee of the
Red Cross;
(8) has made provision for unrestricted and regular access
by representatives of the United National High Commissioner for
Refugees to refugees forcibly repatriated to North Korea to
determine their general health and welfare; and
(9) has ceased threatening to commit terrorist acts in its
public statements and state owned media and has issued public
assurances that the Government will not sponsor or commit
terrorism again.
SEC. 4. STATEMENT OF POLICY ON HUMAN RIGHTS IN NORTH KOREA.
Section 101 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7811) is amended--
(1) in the section heading, by striking ``sense of
congress'' and inserting ``statement of policy''; and
(2) by striking ``It is the sense of Congress'' and
inserting ``It is the policy of the United States''.
SEC. 5. ROLE OF SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS IN
NEGOTIATIONS WITH NORTH KOREA.
It is the sense of Congress that the Special Envoy for Human Rights
in North Korea should be present at all negotiating sessions between
the United States Government and the Government of North Korea. | North Korea Sanctions Act of 2009 - Directs the Secretary of State to designate the Democratic People's Republic of North Korea as a country that has repeatedly provided support for acts of international terrorism for specified purposes under the Export Administration Act of 1979, the Arms Export Control Act, and the Foreign Assistance Act of 1961.
Authorizes the President to waive such requirement upon a certification to Congress that North Korea has taken certain actions regarding: (1) nuclear program and proliferation disclosures; (2) the illegal transfer of missile or nuclear technology; (3) support of international terrorist groups; and (4) prisoner release.
Expresses the sense of Congress that the Special Envoy for Human Rights in North Korea should be present at all negotiating sessions between the governments of the United States and North Korea. | {"src": "billsum_train", "title": "A bill to require that North Korea be listed as a state sponsor of terrorism, to ensure that human rights is a prominent issue in negotiations between the United States and North Korea, and for other purposes."} | 2,035 | 163 | 0.462246 | 1.37233 | 0.703705 | 4.882353 | 12.058824 | 0.921569 |
SECTION 1. LIMITATION ON DISPOSAL OF FORMER NAVAL VESSELS AND MARITIME
ADMINISTRATION VESSELS FOR SCRAPPING ABROAD.
(a) Limitation.--Except as provided in subsection (b), the
Secretary concerned may not dispose of a vessel under the jurisdiction
of that Secretary that is otherwise available for disposal if the
disposal will result in the scrapping of the vessel outside the United
States.
(b) Exception.--The prohibition in subsection (a) does not apply in
the case of a particular vessel if--
(1) the Administrator of the Environmental Protection
Agency certifies to Congress and the Secretary concerned that
the environmental standards imposed by law and enforced in the
country in which the vessel is to be scrapped are similar to
the environmental standards imposed under United States law;
and
(2) the Secretary of Labor certifies to Congress and the
Secretary concerned that the country in which the vessel is to
be scrapped recognizes internationally recognized worker rights
(as that term is defined in section 507(4) of the Trade Act of
1974 (19 U.S.C. 2467(4)).
(c) Covered Secretaries.--For the purposes of this section, the
term ``Secretary concerned'' means--
(1) the Secretary of the Navy, in the case of vessels under
the jurisdiction of the Secretary of the Navy; and
(2) the Secretary of Transportation, in the case of vessels
under the jurisdiction of the Maritime Administration.
(d) Scrapping.--For the purposes of this section, the term
``scrapping'', with respect to a vessel, includes dismantling the
vessel and breaking up the vessel.
SEC. 2. NAVY SHIP SCRAPPING PILOT PROGRAM.
(a) In General.--(1) During fiscal years 1999 and 2000, the
Secretary of the Navy shall carry out a pilot program--
(A) to gather data on the cost of scrapping United States
vessels at locations within the United States; and
(B) to demonstrate cost effective technologies and
techniques to scrap such vessels in a manner that is protective
of worker safety and health and the environment.
(2) The Secretary, in carrying out the pilot program, shall provide
for the scrapping at locations within the United States of vessels in
such number or tonnage as the Secretary determines to be sufficient for
the purposes of the pilot program specified in subparagraphs (A) and
(B) of paragraph (1).
(b) Contract Award.--(1) In selecting the contractor for any
contract under the pilot program for the scrapping of a vessel, the
Secretary shall award the contract to the offeror that the Secretary
determines will provide the best value to the United States, taking
into account such factors as the Secretary considers appropriate.
(2) In making a best value determination under this subsection, the
Secretary shall give a greater weight to technical and performance-
related factors than to cost and price-related factors.
(3) In evaluating an offer for such a contract, the Secretary shall
give significant weight to the technical qualifications and past
performance of the offeror, and the major subcontractors or team
members of the offeror, in the following areas:
(A) Compliance with applicable Federal, State, and local
laws and regulations for environmental and worker protection.
(B) Ability to safely remove, handle, and abate hazardous
materials such as polychlorinated biphenyls, asbestos, and
lead.
(C) Experience with ship construction, conversion, repair,
or scrapping.
(D) Ability to manage workers safely in the following
processes and procedures:
(i) Metal cutting and heating.
(ii) Working in confined and enclosed spaces.
(iii) Fire prevention and protection.
(iv) Health and sanitation.
(v) Handling and control of polychlorinated
biphenyls, asbestos, lead, and other hazardous
materials.
(vi) Operation and use of magnetic cranes or heavy
lift cranes.
(vii) Use of personal protection equipment.
(viii) Emergency spill and containment capability.
(E) Ability to provide an overall plan and schedule to
remove, tow, moor, demilitarize, dismantle, transport, and sell
salvage materials and scrap in a safe and cost effective manner
in compliance with applicable Federal, State, and local laws
and regulations.
(F) Ability to provide an effective scrap site spill
containment prevention and emergency response plan.
(G) Ability to ensure that subcontractors adhere to
applicable Federal, State and local laws and regulations for
environmental and worker safety.
(4) Nothing in this subsection shall be construed to require the
Secretary to disclose the specific weight of evaluation factors to
potential offerors or to the public.
(c) Contract Terms and Conditions.--Any contract awarded by the
Secretary for the scrapping of a vessel for the purposes of the pilot
program shall provide for the following:
(1) The transfer of the vessel to the contractor.
(2) The sharing (by any appropriate contracting method) of
the costs of scrapping the vessel between the Government and
the contractor.
(3) A performance incentive to the contractor for a
successful record of environmental and worker protection under
the contract.
(4) Access by the United States to records of the
contractor in accordance with the requirements of section 2313
of title 10, United States Code.
(d) Reports.--(1) Not later than September 30, 1999, the Secretary
of the Navy shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives an interim report on the pilot program. That report
shall include the following:
(A) The procedures used for the solicitation and award of
each contract awarded under the program.
(B) A description of each contract awarded under the
program.
(2) Not later than September 30, 2000, the Secretary of the Navy
shall submit to those committees a final report on the pilot program.
That report shall include the following:
(A) The results of the program and the performance of each
contractor under the program.
(B) The procurement strategy of the Secretary for future
ship scrapping activities. | Prohibits the Secretaries of the Navy and of Transportation from disposing of any naval vessel or Maritime Administration vessel, respectively, for purposes of scrapping, dismantling, or breaking up such vessels outside the United States, unless: (1) the Administrator of the Environmental Protection Agency certifies to the Congress and the Secretary concerned that environmental standards imposed by law and enforced in the country in which the vessel is to be scrapped, dismantled, or broken up are similar to the environmental standards imposed under U.S. law; and (2) the Secretary of Labor certifies to the Congress and the Secretary concerned that such country recognizes internationally recognized worker rights.
Directs the Secretary of the Navy to carry out a pilot program to: (1) gather data on the cost of scrapping U.S. vessels at U.S. locations; and (2) demonstrate cost effective technologies and techniques to scrap such vessels in a manner that is protective of worker safety and health and the environment. Requires the Secretary of the Navy, in selecting a contractor for any contract under the pilot program for the scrapping of a vessel, to award the contract to an offeror that will provide the best value to the United States. | {"src": "billsum_train", "title": "To limit the disposal of former naval vessels and Maritime Administration vessels for purpose of scrapping abroad and to require the Secretary of the Navy to carry out a ship scrapping pilot program."} | 1,297 | 256 | 0.759425 | 2.135778 | 0.872793 | 5.300885 | 5.517699 | 0.929204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserves Child
Care Relief Act''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 658B of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858) is amended--
(1) by striking ``There is'' and inserting ``(a) In
General.--There is'';
(2) in subsection (a), as so designated, by inserting
``(except section 658T)'' after ``this subchapter''; and
(3) by adding at the end the following:
``(b) Child Care for Certain Military Dependents.--There is
authorized to be appropriated to carry out section 658T $10,000,000 for
each of fiscal years 2004 through 2008.''.
SEC. 3. CHILD CARE ASSISTANCE FOR MILITARY DEPENDENTS.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by adding at the end the following:
``SEC. 658T. CHILD CARE ASSISTANCE FOR MILITARY DEPENDENTS.
``(a) In General.--The Secretary shall make grants to eligible
persons to assist the persons in paying for the cost of child care
services provided to dependents by eligible child care providers.
``(b) Eligible Person and Dependent.--In this section:
``(1) Dependent.--The term `dependent' means an individual
who is--
``(A) a dependent, as defined in section 401 of
title 37, United States Code, except that such term
does not include a person described in paragraph (1) or
(3) of subsection (a) of such section; and
``(B) an individual described in subparagraphs (A)
and (B) of section 658P(4).
``(2) Eligible person.--The term `eligible person' means a
person who--
``(A) is a parent of one or more dependents of--
``(i) a member of a reserve component of
the Armed Forces serving on active duty for a
period of more than 30 days in support of a
military operation pursuant to a call or order
to active duty under a provision of law
referred to in section 101(a)(13)(B) of title
10, United States Code; or
``(ii) any other member of the Armed Forces
on active duty who, as determined by the
Secretary of the military department concerned,
is involved in a military operation;
``(B) has the primary responsibility for the care
of one or more such dependents; and
``(C) resides permanently at a location at least 50
miles from--
``(i) the nearest military installation of
the Department of Defense where child care
facilities and programs are available for use
by dependents of the member; and
``(ii) the nearest child development center
or family child care home that is funded in
whole or in part with appropriations available
to the Department of Defense and is available
for use by dependents of the member.
``(3) Military operation.--The term `military operation'
means--
``(A) Operation Enduring Freedom;
``(B) Operation Iraqi Freedom;
``(C) Operation Noble Eagle; or
``(D) any successor operation of the United States
Armed Forces to an operation named in subparagraph (A),
(B), or (C).
``(c) Applications.--To be eligible to receive a grant under this
section, a person shall submit an application to the Secretary, at such
time, in such manner, and containing such information as the Secretary
may require, including a description of the eligible child care
provider who provides the child care services assisted through the
grant.
``(d) Rule.--The provisions of this subchapter, other than section
658P and provisions referenced in section 658P, that apply to
assistance provided under this subchapter shall not apply to assistance
provided under this section.''.
SEC. 4. CONFORMING AMENDMENTS.
Section 658O of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``appropriated
under this subchapter'' and inserting ``appropriated
under section 658B(a)''; and
(B) in paragraph (2), by striking ``appropriated
under section 658B'' and inserting ``appropriated under
section 658(a)''; and
(2) in subsection (b)(1), by striking ``appropriated under
section 658B'' and inserting ``appropriated under section
658(a)''. | National Guard and Reserves Child Care Relief Act - Amends the Child Care and Development Block Grant Act of 1990 to direct the Secretary of Health and Human Services to make child care assistance grants to parents or guardians of dependents of members of the Armed Forces, or reserve components of the Armed Forces, to cover periods when such members are on active duty in, or in support of, specified military operations.Requires an eligible parent or guardian to: (1) have primary responsibility for the care of one or more such dependents; and (2) reside permanently at a location at least 50 miles from the nearest military installation of the Department of Defense (DOD) with available child care facilities and programs, and from the nearest available child development center or family child care home receiving DOD funds.Covers the following military operations: (1) Operation Enduring Freedom; (2) Operation Iraqi Freedom; (3) Operation Noble Eagle; or (4) any successor operation of the U.S. Armed Forces to those three operations. | {"src": "billsum_train", "title": "A bill to amend the Child Care and Development Block Grant Act of 1990 to provide for grants to parents and guardians of certain military dependents, in order to assist the parent and guardians in paying for the cost of child care services provided to the dependents, and for other purposes."} | 1,109 | 216 | 0.575263 | 1.486134 | 0.808077 | 3.229592 | 4.923469 | 0.841837 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Mental Health Professionals
Oversight Act of 2010''.
SEC. 2. REVIEW OF MENTAL HEALTH PROFESSIONALS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--
(1) Review.--Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7330B. Review of mental health professionals
``(a) Review.--Not later than January 1 of each year, the Inspector
General of the Department of Veterans Affairs shall conduct a review of
mental health professionals employed by the Veterans Health
Administration during the preceding fiscal year.
``(b) Report.--Not later than 90 days after the date on which the
review under subsection (a) is completed, the Inspector General shall
submit to the Committee on Veterans' Affairs of the House of
Representatives, the Committee on Veterans' Affairs of the Senate, and
the Advisory Committee on Veterans with Psychological and Mental Health
Needs under section 547 of this title a report on such review.
``(c) Contents.--With respect to each covered facility in each
geographic service area of the Veterans Health Administration, the
report shall include the following:
``(1) The number of full-time psychiatrists and
psychologists employed during the preceding fiscal year.
``(2) The number of part-time (or part-time equivalent)
psychiatrists and psychologists employed during the preceding
fiscal year.
``(3) The number of mental health nursing staff employed
during the preceding fiscal year.
``(4) The number of certified social workers assigned to
mental health programs during the preceding fiscal year.
``(5) The number of other direct-care mental health staff,
including counselors and outreach workers, employed during the
preceding fiscal year.
``(6) The number of administrative and support staff
assigned to mental health programs during the preceding fiscal
year.
``(7) The number of full-time direct-care employees for all
programs of the Veterans Health Administration.
``(8) The number of unfilled vacancies for mental health
positions that have been authorized for each geographic service
area (including the number of positions per each covered
facility) and the average length of time such positions remain
unfilled.
``(d) Definition.--In this section, the term `covered facility'
includes each medical center, facility, and community-based outpatient
clinic of the Veterans Health Administration.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 73 is amended by inserting after the item
relating to section 7330A the following new item:
``7330B. Review of mental health professionals''.
(b) Report.--Not later than October 1, 2011, the Inspector General
of the Department of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the House of Representatives, the Committee on
Veterans' Affairs of the Senate, and the Advisory Committee on Veterans
with Psychological and Mental Health Needs under section 547 of title
38, United States Code, as added by section 3 of this Act, a report
under section 7330B of such title, as added by subsection (a) of this
section, with respect to each of fiscal years 2004 through 2009.
SEC. 3. ADVISORY COMMITTEE ON VETERANS WITH PSYCHOLOGICAL AND MENTAL
HEALTH NEEDS.
(a) In General.--Subchapter III of chapter 5 of title 38, United
States Code, is amended by adding at the end the following:
``Sec. 547. Advisory committee on veterans with psychological and
mental health needs
``(a) Establishment.--The Secretary shall establish an advisory
committee to be known as the Advisory Committee on Veterans with
Psychological and Mental Health Needs (in this section referred to as
the `Committee').
``(b) Membership.--The Committee shall consist of members appointed
by the Secretary, including--
``(1) mental health practitioners of the Department;
``(2) veterans;
``(3) individuals representing veteran service
organizations; and
``(4) individuals representing other organizations related
to mental health or veterans.
``(c) Responsibilities of Committee.--(1) The Secretary shall, on a
regular basis, consult with and seek the advice of the Committee with
respect to the provision of mental health care to veterans.
``(2) In addition to providing advice under paragraph (1), the
Committee shall--
``(A) analyze data contained in the reports submitted under
section 7330B of this title; and
``(B) collect information related to the provision of
mental health treatment to veterans by the Department,
including by visiting medical facilities of the Department from
time to time.
``(d) Reports.--Not later than March 1 of each year, beginning
March 1, 2011, the Committee shall submit to the Secretary a report on
the programs and activities of the Department that pertain to veterans
with psychological and mental health needs.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 38, United States Code, is amended by adding at the
end the following:
``547. Advisory committee on veterans with psychological and mental
health needs.''.
SEC. 4. REPORT ON CHRONIC MENTAL HEALTH CONDITIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the House of Representatives and the Committee on
Veterans' Affairs of the Senate a report on chronic mental health
conditions. The report shall include the following:
(1) The number of veterans diagnosed with chronic mental
health conditions.
(2) The anticipated needs of veterans of Operation Enduring
Freedom and Operation Iraqi Freedom with respect to the
treatment of chronic mental health conditions.
(3) With respect to treating the veterans described in
paragraph (2), the anticipated needs of the Department of
Veterans Affairs related to--
(A) the number (by type) of staff of the Veterans
Health Administration;
(B) the number (by type) of facilities of the
Veterans Health Administration;
(C) the equipment and other resources used in such
treatment; and
(D) the amount of funding required by the
Secretary.
(4) The optimal panel size of patients for mental health
professionals treating the veterans described in paragraphs (1)
and (2).
SEC. 5. STUDY ON SUBSTANCE-USE DISORDERS AND REHABILITATION.
(a) Study.--The Secretary of Veterans Affairs shall conduct a study
of substance-use disorders among veterans. Such study shall include--
(1) the barriers to rehabilitation and treatment of such
substance-use disorders;
(2) the effect early intervention services have on treating
substance-use disorders;
(3) the effect counseling, including couples and family
counseling, has on treating substance-use disorders; and
(4) developing programs to combat any stigmas related to
treating substance-use disorders that prevent veterans from
seeking such treatment.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the House of Representatives and the Committee on
Veterans' Affairs of the Senate a report on the study required by
subsection (a).
SEC. 6. COMPTROLLER GENERAL REPORTS ON MENTAL HEALTH PROGRAMS.
(a) MHSP and UMHS.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study to assess--
(A) the progress of the Secretary of Veterans
Affairs in implementing the Mental Health Strategic
Plan of the Veterans Health Administration of the
Department of Veterans Affairs (published November
2004); and
(B) the status of the Uniform Mental Health
Services handbook of the Veterans Health Administration
(Veterans Health Administration handbook 1160.01,
published September 11, 2008) at the end of fiscal year
2010.
(2) Report.--Not later than 30 days after the study under
paragraph (1) is completed, the Comptroller General shall
submit to the Committee on Veterans' Affairs of the House of
Representatives, the Committee on Veterans' Affairs of the
Senate, and the Secretary of Veterans Affairs a report on the
study, including the number of full-time mental health
professionals the Comptroller General determines necessary to
implement the Mental Health Strategic Plan and the Uniform
Mental Health Services handbook.
(b) VERA System.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Veterans' Affairs of the House of Representatives, the
Committee on Veterans' Affairs of the Senate, and the Secretary of
Veterans Affairs a report on any modifications to the Veterans'
Equitable Resource Allocation system of the Veterans Health
Administration that the Comptroller General determines necessary for
the Secretary of Veterans Affairs to meet the mental health needs of
veterans. | Veterans Mental Health Professionals Oversight Act of 2010 - Directs the Inspector General of the Department of Veterans Affairs (VA) to: (1) conduct an annual review of mental health professionals employed by the VA's Veterans Health Administration (VHA); (2) report each review's results to the congressional veterans committees and the Advisory Committee on Veterans with Psychological and Mental Health Needs (Advisory Committee); and (3) submit a one-time report thereto concerning review results for FY2004-FY2009.
Establishes the Advisory Committee. Requires the Advisory Committee to report annually to the Secretary of Veterans Affairs on VA programs and activities that pertain to veterans with psychological and mental health needs.
Directs the Secretary to report to the veterans committees on chronic mental health conditions of veterans.
Requires the Secretary to: (1) study substance-use disorders among veterans; and (2) report study results to the veterans committees.
Directs the Comptroller General to: (1) assess VA progress in implementing the VHA's Mental Health Strategic Plan, as well as the status of the VHA's Uniform Mental Health Services handbook; and (2) report assessment results and any modifications to the Veterans' Equitable Resource Allocation system necessitated by the mental health needs of veterans to the Secretary and the veterans committees. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for annual reviews of mental health professionals treating veterans, and for other purposes."} | 1,960 | 280 | 0.59604 | 1.488409 | 0.815441 | 2.76 | 7.492 | 0.856 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highlands Conservation Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to recognize the importance of the water, forest,
agricultural, wildlife, recreational, and cultural resources of the
Highlands region, and the national significance of the Highlands
region to the United States;
(2) to authorize the Secretary of the Interior to work in
partnership with the Secretary of Agriculture to provide financial
assistance to the Highlands States to preserve and protect high
priority conservation land in the Highlands region; and
(3) to continue the ongoing Forest Service programs in the
Highlands region to assist the Highlands States, local units of
government, and private forest and farm landowners in the
conservation of land and natural resources in the Highlands region.
SEC. 3. DEFINITIONS.
In this Act:
(1) Highlands region.--The term ``Highlands region'' means the
area depicted on the map entitled ``The Highlands Region'', dated
June 2004, including the list of municipalities included in the
Highlands region, and maintained in the headquarters of the Forest
Service in Washington, District of Columbia.
(2) Highlands state.--The term ``Highlands State'' means--
(A) the State of Connecticut;
(B) the State of New Jersey;
(C) the State of New York; and
(D) the State of Pennsylvania.
(3) Land conservation partnership project.--The term ``land
conservation partnership project'' means a land conservation
project--
(A) located in the Highlands region;
(B) identified by the Forest Service in the Study, the
Update, or any subsequent Pennsylvania and Connecticut Update
as having high conservation value; and
(C) in which a non-Federal entity acquires land or an
interest in land from a willing seller to permanently protect,
conserve, or preserve the land through a partnership with the
Federal Government.
(4) Non-federal entity.--The term ``non-Federal entity''
means--
(A) any Highlands State; or
(B) any agency or department of any Highlands State with
authority to own and manage land for conservation purposes,
including the Palisades Interstate Park Commission.
(5) Study.--The term ``Study'' means the New York-New Jersey
Highlands Regional Study conducted by the Forest Service in 1990.
(6) Update.--The term ``Update'' means the New York-New Jersey
Highlands Regional Study: 2002 Update conducted by the Forest
Service.
(7) Pennsylvania and connecticut update.--The term
``Pennsylvania and Connecticut Update'' means a report to be
completed by the Forest Service that identifies areas having high
conservation values in the States of Connecticut and Pennsylvania
in a manner similar to that utilized in the Study and Update.
SEC. 4. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE HIGHLANDS REGION.
(a) Submission of Proposed Projects.--Each year, the governors of
the Highlands States, with input from pertinent units of local
government and the public, may--
(1) jointly identify land conservation partnership projects in
the Highlands region from land identified as having high
conservation values in the Study, the Update, or the Pennsylvania
and Connecticut Update that shall be proposed for Federal financial
assistance; and
(2) submit a list of those projects to the Secretary of the
Interior.
(b) Consideration of Projects.--Each year, the Secretary of the
Interior, in consultation with the Secretary of Agriculture, shall
submit to Congress a list of the land conservation partnership projects
submitted under subsection (a)(2) that are eligible to receive
financial assistance under this section.
(c) Eligibility Conditions.--To be eligible for financial
assistance under this section for a land conservation partnership
project, a non-Federal entity shall enter into an agreement with the
Secretary of the Interior that--
(1) identifies the non-Federal entity that shall own or hold
and manage the land or interest in land;
(2) identifies the source of funds to provide the non-Federal
share under subsection (d);
(3) describes the management objectives for the land that will
ensure permanent protection and use of the land for the purpose for
which the assistance will be provided;
(4) provides that, if the non-Federal entity converts, uses, or
disposes of the land conservation partnership project for a purpose
inconsistent with the purpose for which the assistance was
provided, as determined by the Secretary of the Interior, the
United States--
(A) may seek specific performance of the conditions of
financial assistance in accordance with paragraph (3) in
Federal court; and
(B) shall be entitled to reimbursement from the non-Federal
entity in an amount that is, as determined at the time of
conversion, use, or disposal, the greater of--
(i) the total amount of the financial assistance
provided for the project by the Federal Government under
this section; or
(ii) the amount by which the financial assistance
increased the value of the land or interest in land; and
(5) provides that land conservation partnership projects will
be consistent with areas identified as having high conservation
value in--
(A) the Important Areas portion of the Study;
(B) the Conservation Focal Areas portion of the Update;
(C) the Conservation Priorities portion of the Update;
(D) land identified as having higher or highest resource
value in the Conservation Values Assessment portion of the
Update; and
(E) land identified as having high conservation value in
the Pennsylvania and Connecticut Update.
(d) Non-Federal Share Requirement.--The Federal share of the cost
of carrying out a land conservation partnership project under this
section shall not exceed 50 percent of the total cost of the land
conservation partnership project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior $10,000,000 for each of
fiscal years 2005 through 2014, to remain available until expended.
SEC. 5. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS REGION.
(a) In General.--To meet the land resource goals of, and the
scientific and conservation challenges identified in, the Study,
Update, and any future study that the Forest Service may undertake in
the Highlands region, the Secretary of Agriculture, acting through the
Chief of the Forest Service and in consultation with the Chief of the
National Resources Conservation Service, shall continue to assist the
Highlands States, local units of government, and private forest and
farm landowners in the conservation of land and natural resources in
the Highlands region.
(b) Duties.--The Forest Service shall--
(1) in consultation with the Highlands States, undertake other
studies and research in the Highlands region consistent with the
purposes of this Act, including a Pennsylvania and Connecticut
Update;
(2) communicate the findings of the Study and Update and
maintain a public dialogue regarding implementation of the Study
and Update; and
(3) assist the Highland States, local units of government,
individual landowners, and private organizations in identifying and
using Forest Service and other technical and financial assistance
programs of the Department of Agriculture.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture to carry out this section
$1,000,000 for each of fiscal years 2005 through 2014.
SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY EFFECT.
(a) Access to Private Property.--Nothing in this Act--
(1) requires a private property owner to permit public access
(including Federal, State, or local government access) to private
property; or
(2) modifies any provision of Federal, State, or local law with
regard to public access to, or use of, private land.
(b) Liability.--Nothing in this Act creates any liability, or has
any effect on liability under any other law, of a private property
owner with respect to any persons injured on the private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
Act modifies any authority of Federal, State, or local governments to
regulate land use.
(d) Participation of Private Property Owners.--Nothing in this Act
requires the owner of any private property located in the Highlands
region to participate in the land conservation, financial, or technical
assistance or any other programs established under this Act.
(e) Purchase of Land or Interests in Land From Willing Sellers
Only.--Funds appropriated to carry out this Act shall be used to
purchase land or interests in land only from willing sellers.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Highlands Conservation Act - (Sec. 2) Sets forth the purposes of this Act, including authorizing the Secretary of the Interior to provide financial assistance to the States of Connecticut, New Jersey, New York, and Pennsylvania (Highland States) to preserve and protect high priority conservation land in the Highlands region, an area depicted on a National Forest Service map entitled "The Highlands Region" dated June 2004.
(Sec. 4) Authorizes the governors of the Highland States to annually submit proposed land conservation partnership projects to the Secretary for Federal financial assistance. Defines "land conservation partnership project" as a project located in the Highlands region that is identified by the Forest Service in specified studies as having a high conservation value, and in which a non-Federal entity (i.e., any Highlands State or any agency of a Highlands State with authority to own and manage land for conservation purposes) acquires land from a willing seller to permanently protect, conserve, or preserve the land through a partnership with the Federal Government. Directs the Secretary to annually submit to Congress a list of projects that are eligible for financial assistance. Sets forth eligibility conditions for financial assistance to non-Federal entities.
Limits the Federal share of the cost of any land conservation partnership project to 50 percent. Authorizes appropriations for FY 2005 through FY 2014.
(Sec. 5) Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to continue to assist the Highland States and other public and private entities in the conservation of land and natural resources in the Highlands region. Authorizes appropriations for FY 2005 through FY 2014.
(Sec. 6) Prohibits anything in this Act from: (1) requiring a private property owner to permit public access, including access by any government, to private property; (2) modifying any law on public access to, or use of, private land; (3) creating any liability of a private property owner for persons injured on the private property; (4) modifying any governmental authority to regulate land use; and (5) requiring private property owners in the Highlands region to participate in the land conservation, financial, or technical assistance programs established by this Act. Provides that funds appropriated under this Act shall be used to purchase land or interests in land only from willing sellers. | {"src": "billsum_train", "title": "To assist the States of Connecticut, New Jersey, New York, and Pennsylvania in conserving priority lands and natural resources in the Highlands region, and for other purposes."} | 1,880 | 505 | 0.713908 | 2.176511 | 0.874523 | 4 | 3.96868 | 0.917226 |
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