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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Program Integrity
Enhancement Act of 2016''.
SEC. 2. REVISION OF REGULATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall revise part 455 of title
42, Code of Federal Regulations, relating to Medicaid program integrity
as follows:
(1) Section 455.2, relating to the definition of credible
allegation of fraud, to comply with the requirements described
in subsection (b).
(2) Section 455.23, relating to the suspension of Medicaid
payments to a provider by a State Medicaid agency, to comply
with the requirements described in subsection (c).
(b) Requirement To Consider Impact on Beneficiary Access to Care in
Determining a Credible Allegation of Fraud.--The revised section 455.2
shall provide that an allegation shall be considered to be a credible
allegation of fraud only if--
(1) the allegation has indicia of reliability;
(2) the State Medicaid agency has reviewed all allegations,
facts, and evidence carefully and acts judiciously on a case-
by-case basis; and
(3) the State Medicaid agency has taken into consideration
the potential impact a payment suspension may have on
beneficiary access to care.
(c) Due Process Requirements for Payment Suspension Based on
Credible Allegation of Fraud.--
(1) Process required before suspension.--A State Medicaid
agency that has received an allegation of fraud against a
provider shall not suspend payments to such provider until the
agency takes the following actions:
(A) The State Medicaid agency consults with the
Medicaid fraud control unit for the State or, if the
State has no Medicaid fraud control unit, the State
attorney general, before suspending payments and
receives a written verification from the Medicaid fraud
control unit or attorney general, in such form as the
Secretary may require, confirming that such
consultation took place.
(B) The State Medicaid agency certifies to the
Secretary that it has considered whether--
(i) beneficiary access to items or services
would be jeopardized by a payment suspension;
(ii) a good cause not to suspend payments
exists under section 455.23(e) of title 42,
Code of Federal Regulations (as revised after
the application of this Act); and
(iii) a good cause to suspend payments only
in part exists under section 455.23(f) of such
title of such Code (as so revised).
(C) The State Medicaid agency furnishes the
provider with the agency's reasons for finding that
there is no good cause to refrain from suspending
payments in whole or part.
(2) Process required after suspension.--After a State
Medicaid agency suspends payments (in whole or part) to a
provider on the basis that the agency has determined that there
is a credible allegation of fraud against a provider for which
an investigation is pending under the Medicaid program, the
agency shall take the following actions:
(A) At the beginning of each fiscal quarter that
begins after payments to the provider have been
suspended, the State Medicaid agency shall--
(i) certify to the Secretary that it has
considered whether the suspension of payments
should be terminated or modified because--
(I) a good cause not to suspend
payments exists under section 455.23(e)
of title 42, Code of Federal
Regulations (as revised after the
application of this Act); or
(II) a good cause to suspend
payments only in part exists under
section 455.23(f) of such title (as so
revised); and
(ii) if the agency finds that there is no
good cause to terminate or modify the
suspension of payments, furnish to the provider
the agency's reasons for such finding.
(B) If the investigation is not resolved in a
reasonable amount of time (as determined by the
Secretary), the State Medicaid agency shall disclose to
the provider the specific allegations of fraud that
formed the basis for the agency's determination that
there is a credible allegation of fraud against the
provider.
(C) Every 180 days after the initiation of a
suspension of payments based on credible allegations of
fraud, a State Medicaid Agency shall--
(i) evaluate whether there is good cause to
not continue such suspension; and
(ii) request a certification from the
Medicaid fraud control unit for the State or,
if the State has no Medicaid fraud control
unit, the State attorney general, or other law
enforcement agency that the matter continues to
be under investigation warranting continuation
of the suspension.
(D) Good cause not to continue to suspend payments
to an individual or entity against which there are
credible allegations of fraud shall be deemed to exist
if a payment suspension has been in effect for 18
months and there has not been a resolution of the
investigation, except a State Medicaid Agency may
extend a payment suspension beyond such period if--
(i) the case has been referred to, and is
being considered by, the Medicaid fraud control
unit for the State or, if the State has no
Medicaid fraud control unit, the State attorney
general, for administrative action or such
administrative action is pending; or
(ii) the Medicaid fraud control unit for
the State or, if the State has no Medicaid
fraud control unit, the State attorney general,
submits a written request to the State Medicaid
Agency that the suspension of payments be
continued based on the ongoing investigation
and anticipated filing of criminal or civil
action or both or based on a pending criminal
or civil action or both. At a minimum, the
request shall include the following:
(I) Identification of the entity
under suspension.
(II) The amount of time needed for
continued suspension in order to
conclude the criminal or civil
proceeding or both.
(III) A statement of why or how
criminal or civil action or both may be
affected if the requested extension is
not granted.
(d) Definitions.--For purposes of this section:
(1) The term ``Medicaid fraud control unit'' means a State
Medicaid fraud control unit as defined in section 1903(q) of
the Social Security Act (42 U.S.C. 1396b(q)).
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
(3) The term ``State Medicaid agency'' means the agency
responsible for administering a State plan under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.).
SEC. 3. APPEALS PROCESS.
(a) In General.--Section 1902(a)(39) of the Social Security Act (42
U.S.C. 1396a(a)(39)) is amended--
(1) by striking ``shall exclude'' and inserting ``shall--
``(A) exclude'';
(2) by adding ``and'' after the semicolon at the end; and
(3) by adding at the end the following new subparagraph:
``(B) establish and codify a process whereby a
provider to whom payments have been suspended, in whole
or part, on the basis of credible allegations of fraud
against such provider may appeal any decision
(including a decision not to terminate or modify a
payment suspension that is already in place) by the
State agency that no good cause exists under the
regulations of the Secretary to terminate, modify, or
refrain from imposing such suspension of payment;''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect on the date that is 1
year after the date of the enactment of this Act.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under title XIX of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by this section, the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of the failure
of the plan to meet such additional requirements before the 1st
day of the 1st calendar quarter beginning after the close of
the 1st regular session of the State legislature that ends
after the 1-year period beginning with the date of the
enactment of this section. For purposes of the preceding
sentence, in the case of a State that has a 2-year legislative
session, each year of the session is deemed to be a separate
regular session of the State legislature. | Medicaid Program Integrity Enhancement Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid agency to establish a process by which a provider may appeal a decision by the agency to suspend payment to the provider on the basis of credible fraud allegations. The Centers for Medicare & Medicaid Services (CMS) must revise specified regulations related to such suspensions in order to comply with due process requirements established by the bill. Specifically, a state Medicaid agency may not suspend payment until the agency: (1) consults with the state's Medicaid fraud control unit or, if the state has no such unit, with the state's attorney general; (2) certifies that it has considered whether the suspension will jeopardize beneficiary access and whether there is good cause not to suspend payment; and (3) furnishes the provider with the agency's reasons for finding no such good cause. Furthermore, the agency must periodically evaluate whether there is good cause to discontinue a suspension for which an investigation is pending. With specified exceptions, such good cause shall be deemed to exist if the investigation remains unresolved after a suspension has been in effect for 18 months. CMS must also revise specified regulations to provide that an allegation of fraud shall be considered credible only if the allegation has indications of reliability and the state Medicaid agency: (1) has reviewed all allegations, facts, and evidence carefully; (2) acts judiciously on a case-by-case basis; and (3) has considered the potential impact a payment suspension may have on beneficiary access to care. | {"src": "billsum_train", "title": "Medicaid Program Integrity Enhancement Act of 2016"} | 1,872 | 418 | 0.70701 | 2.557341 | 0.80909 | 2.969492 | 5.955932 | 0.867797 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorectal Cancer Early Detection,
Prevention, and Treatment Act''.
SEC. 2. PREVENTIVE HEALTH MEASURES WITH RESPECT TO COLORECTAL CANCER.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317S the following
section:
``SEC. 317T. PREVENTIVE HEALTH MEASURES WITH RESPECT TO COLORECTAL
CANCER.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may make grants to
public and nonprofit private entities for the purpose of carrying out
not fewer than 20 demonstration projects for the following:
``(1) Providing screenings for colorectal cancer to
individuals who--
``(A) are 50 years of age or older; or
``(B)(i) are under 50 years of age; and
``(ii) are at high risk for such cancer.
``(2) Providing appropriate case management and referrals
for medical treatment of individuals screened pursuant to
paragraph (1).
``(3) Ensuring the provision of the full continuum of
cancer care for individuals so screened, including appropriate
follow-up for abnormal tests, diagnostic and therapeutic
services, and treatment for detected cancers, which continuum
is, as necessary, but subject to subsection (e), provided for
through the use of amounts appropriated under subsection (h).
``(4) Carrying out activities to improve the education,
training, and skills of health professionals (including allied
health professionals) in the detection and control of
colorectal cancer, which activities are carried out pursuant to
the participation of the health professionals in the projects.
``(5) Evaluating the projects through appropriate
surveillance or program monitoring activities.
``(6) Developing and disseminating findings derived through
such evaluations and the collection of data on outcomes.
``(7) Promoting the benefits of receiving screenings
through the projects.
``(b) Priority for Low-Income, Uninsured Individuals.--A grant may
be made under subsection (a) only if the applicant involved agrees
that, in providing screenings under paragraph (1) of such subsection,
the applicant will give priority to low-income individuals who lack
coverage under health insurance and health plans with respect to
screenings for colorectal cancer.
``(c) Special Consideration for Certain Applicants.--In making
grants under subsection (a) for a fiscal year, the Secretary shall give
special consideration to the following applicants:
``(1) In the case of services under such subsection for
women, to applicants that, for such year, are grantees under
title XV.
``(2) In the case of services under such subsection for
men, to applicants that, for such year, are grantees under
section 317D.
``(d) Use of Certain Standards Under Medicare Program.--A grant may
be made under subsection (a) only if the applicant involved agrees as
follows:
``(1) Screenings under subsection (a)(1) will be carried
out as preventive health measures in accordance with evidence-
based screening procedures as specified in section 1861(pp)(1)
of the Social Security Act.
``(2) An individual will be considered high risk for
purposes of subsection (a)(1)(B)(ii) only if the individual is
high risk within the meaning of section 1861(pp)(2) of such
Act.
``(3) The payment made from the grant for a screening
procedure under subsection (a)(1) will not exceed the amount
that would be paid under part B of title XVIII of such Act if
payment were made under such part for furnishing the procedure
to an individual enrolled under such part.
``(e) Relationship to Items and Services Under Other Programs.--A
grant under subsection (a) may be made only if the applicant involved
agrees that the grant will not be expended to make payment for any item
or service to the extent that payment has been made, or can reasonably
be expected to be made, with respect to such item or service--
``(1) under any State compensation program, under an
insurance policy, or under any Federal or State health benefits
program; or
``(2) by an entity that provides health services on a
prepaid basis.
``(f) Records and Audits.--A grant under subsection (a) may be made
only if the applicant involved agrees that the applicant will--
``(1) establish such fiscal control and fund accounting
procedures as may be necessary to ensure proper disbursal of,
and accounting for, amounts received under subsection (a); and
``(2) upon request, provide records maintained pursuant to
paragraph (1) to the Secretary or the Comptroller of the United
States for purposes of auditing the expenditures of the grant
by the applicant.
``(g) Reports.--A grant under subsection (a) may be made only if
the applicant involved agrees to submit to the Secretary such reports
as the Secretary may require with respect to the grant.
``(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $50,000,000
for fiscal year 2007, and such sums as may be necessary for each of the
fiscal years 2008 through 2011.''. | Colorectal Cancer Early Detection, Prevention, and Treatment Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to public and private entities for demonstrations projects to: (1) provide colorectal cancer screenings to individuals who are 50 years of age or older or at high risk for such cancer; (2) provide case management and referrals for medical treatment to individuals screened; (3) ensure the provision of cancer care to individuals screened; (4) improve the education, training, and skills of health professionals in the detection and control of colorectal cancer; (5) evaluate the projects through appropriate surveillance or program monitoring activities; (6) develop and disseminate findings derived through such evaluations and the collection of data on outcomes; and (7) promote the benefits of receiving screenings through the projects. Requires applicants to give priority to low-income individuals who lack colorectal cancer coverage under health insurance and health plans.
Requires the Secretary to give special consideration to applicants currently receiving grants for preventive health programs for breast or cervical cancers or prostate cancer. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for demonstation projects to carry out preventive health measures with respect to colorectal cancer."} | 1,191 | 255 | 0.736346 | 2.192621 | 0.969223 | 3.776316 | 4.824561 | 0.925439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Neutrality Protection Act of
2011''.
SEC. 2. FINDINGS; STATEMENT OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) International humanitarian law codifies the principle
of medical neutrality in the Geneva Conventions, to which the
United States is a signatory, during times of national or
international armed conflict, which offer special protections
to medical facilities and personnel. These provisions recognize
ambulances, hospitals, hospital ships, the personnel serving in
ambulances and hospitals, citizens who assist the wounded as
neutral and protected during conflict.
(2) The Geneva Conventions specify that the wounded and
sick shall receive adequate care, be protected from ill-
treatment, and be protected from discrimination, and that
emblems such as the red cross and red crescent are recognized
as protective emblems in conflict. Many parts of the Geneva
Conventions have been declared by the International Committee
on the Red Cross (ICRC) to be customary international
humanitarian law.
(3) International human rights law further expands norms of
medical neutrality during the absence of an armed conflict.
Article 25 (1) of the Universal Declaration of Human Rights and
Article 12 of the International Covenant on Economic, Social
and Cultural Rights, to which the United States is a signatory,
establish the right to health.
(b) Statement of Congress.--Congress affirms its support of
participants of peaceful demonstrations around the world, as part of
the United States' support for freedom of assembly as enshrined in the
United States Constitution. The United States takes particular umbrage
at countries that harm or endanger medical professionals during times
of unrest.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to prevent or interfere with
legitimate law enforcement objectives conducted in accordance with
recognized international human rights norms and legal standards.
SEC. 4. STATEMENTS OF POLICY.
It shall be the policy of the United States to--
(1) consider the protection of medical neutrality a policy
priority of the United States as an integral part of the
defense of recognized international human rights norms and law;
(2) use its voice, vote, and influence in international
fora to further define and codify the principle of medical
neutrality and to establish accountability for violations of
the principle of medical neutrality; and
(3) use its voice, vote, and influence at the United
Nations Human Rights Council to create and appoint a Special
Rapporteur on the Protection and Promotion of Medical
Neutrality.
SEC. 5. DETERMINATION AND NOTIFICATION OF FOREIGN COUNTRY REQUIRED.
(a) Determination.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall compile and update
at least annually a list of those foreign governments that the
Secretary determines, after consultation with local and international
nongovernmental organizations and the Assistant Secretary for
Democracy, Human Rights and Labor, have engaged in violations of
medical neutrality. The Secretary shall publish such list on the
website of the Department of State.
(b) Notification.--The Secretary of State shall provide a formal
notification to a foreign government that is included on a list
described in subsection (a).
SEC. 6. PROHIBITIONS.
(a) Prohibition on Certain Assistance.--Subject to subsection (c)
of this section and section 8, and except as provided in section 7, the
authorities specified in section 516 or 541 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms Export
Control Act (22 U.S.C. 2763) may not be used to provide assistance, and
no licenses for direct commercial sales of military equipment may be
issued, to the government of a country that the Secretary of State has,
in accordance with section 5 of this Act, determined to have engaged in
a violation of medical neutrality.
(b) Prohibition on Certain Visas.--Except as provided in section 7,
upon receiving credible information, including information contained in
the Annual Country Reports on Human Rights Practices, that an alien is
or was engaged in or has organized any act that is a violation of
medical neutrality, the Secretary of State shall deny the issuance of a
visa to, and the Secretary of Homeland Security shall deny the entry
into the United States of, such alien.
(c) Minimum Duration.--The prohibitions on assistance described in
subsection (a) shall remain in effect for a minimum of one fiscal year,
after which the President may reinstate such assistance pursuant to
section 8.
SEC. 7. WAIVER.
(a) In General.--The President may temporarily waive the
prohibitions on assistance described in section 6 if the President
transmits to the appropriate congressional committees a determination
that--
(1) such waiver is in the national security interest of the
United States, including the reasons therefor; and
(2) establishes a date, not later than two years after the
issuance of such waiver, on which such waiver shall expire.
(b) Congressional Override.--If Congress enacts a joint resolution
disapproving such waiver, such waiver shall have no force or effect.
SEC. 8. REINSTATEMENT OF ASSISTANCE.
The President may reinstate assistance to a country otherwise
prohibited under section 6(a) upon written certification to the
appropriate congressional committees that the government of such
country has implemented--
(1) measures that include the successful implementation of
an action plan and actual steps to come into compliance with
medical neutrality; and
(2) policies and mechanisms to prohibit and prevent future
government or government-sponsored acts that are a violation of
medical neutrality and has the input and agreement of local and
international nongovernmental organizations.
SEC. 9. INVESTIGATIONS OF VIOLATIONS OF MEDICAL NEUTRALITY.
(a) Investigations of Allegations of Violations of Medical
Neutrality.--The heads of United States diplomatic and consular
missions shall investigate all reports of violations of medical
neutrality in the countries or regions in which such missions are
located for inclusion in the annual Country Reports on Human Rights
Practices under sections 116(d) and 502B(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n and 2304).
(b) Inclusion in Annual Country Reports on Human Rights
Practices.--The Foreign Assistance Act of 1961 is amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end
the following new subsection:
``(g) The report required under subsection (d) shall include a
description of any violations of medical neutrality (as such term is
defined in the Medical Neutrality Protection Act of 2011) and an
identification of the individuals who have engaged in or organized such
violations in each foreign country covered by such report.''; and
(2) in section 502B (22 U.S.C. 2304), by adding at the end
the following new subsection:
``(i) The report required by subsection (b) shall include a
description of any violations of medical neutrality (as such term is
defined in the Medical Neutrality Protection Act of 2011) and an
identification of the individuals who have engaged in or organized such
violations in each foreign country covered by such report.''.
SEC. 10. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Violation of medical neutrality.--The term ``violation
of medical neutrality'' means--
(A) militarized attacks on health care facilities,
health care service providers, or individuals in the
course of receiving medical treatment;
(B) wanton destruction of medical supplies,
facilities, records, or transportation services;
(C) willful obstruction of medical ethics as
specified in the World Medical Association's
International Code of Medical Ethics, including
preventing medical professionals from administering
ethical medical care to individuals in need;
(D) coercion of medical personnel to commit acts in
violation of their ethical responsibilities;
(E) deliberate misuse of health care facilities,
transportation services, uniforms, or other insignia;
(F) deliberate blocking of access to health care
facilities and health care professionals; or
(G) arbitrary arrest or detention of health care
service providers or individuals seeking medical care. | Medical Neutrality Protection Act of 2011 - Requires the Secretary of State to compile and update at least annually a list of those foreign governments that the Secretary determines have engaged in violations of medical neutrality and to provide a formal notification to a foreign government included in such list. Defines a “violation of medical neutrality” to mean: (1) militarized attacks on health care facilities, health care service providers, or individuals in the course of receiving medical treatment; (2) wanton destruction of medical supplies, facilities, records, or transportation services; (3) willful obstruction of medical ethics; (4) coercion of medical personnel to commit acts in violation of their ethical responsibilities; (5) deliberate misuse of health care facilities, transportation services, uniforms, or other insignia; (6) deliberate blocking of access to health care facilities and health care professionals; or (7) arbitrary arrest or detention of health care service providers or individuals seeking medical care.
Prohibits specified presidential authorities, including the authority to transfer excess defense articles, furnish military training and education, or finance the procurement of defense articles, from being used to provide assistance to, and prohibits licenses for direct commercial sales of military equipment from being issued to, the government of a country that has engaged in a violation of medical neutrality. Makes such prohibition on assistance effective for a minimum of one fiscal year, after which the President may reinstate such assistance. Authorizes the President to temporarily waive the prohibitions in the interest of national security.
Requires the Secretary to deny the issuance of a visa to any alien that is or was engaged in or has organized any act that is a violation of medical neutrality.
Directs the heads of U.S. diplomatic and consular missions to investigate all reports of violations of medical neutrality. | {"src": "billsum_train", "title": "To provide for medical neutrality and to establish accountability for violations of the principle of medical neutrality, and for other purposes."} | 1,878 | 387 | 0.552296 | 1.81705 | 0.728497 | 5.233918 | 4.982456 | 0.923977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Desalinization Research and
Development Act of 1994''.
SEC. 2. DECLARATION OF POLICY.
In view of the increasing shortage of usable surface and ground
water in many parts of the United States and the world, it is the
policy of the United States to perform research to develop low-cost
alternatives in the desalinization and reuse of saline or biologically
impaired water to provide water of a quality suitable for environmental
enhancement, agricultural, industrial, municipal, and other beneficial
consumptive or nonconsumptive uses, and to provide, through cooperative
activities with local sponsors, desalinization and water reuse
processes or facilities which provide proof-of-concept demonstrations
of advanced technologies for the purpose of developing and conserving
the water resources of this Nation and the world.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``desalinization'' means the use of any
process or technique for the removal and, when feasible,
adaptation to beneficial use, of organic and inorganic elements
and compounds from saline or biologically impaired waters, by
itself or in conjunction with other processes;
(2) the term ``saline water'' means sea water, brackish
water, and other mineralized or chemically impaired water;
(3) the term ``United States'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and the territories and possessions of the United
States;
(4) the term ``usable water'' means water of a high quality
suitable for environmental enhancement, agricultural,
industrial, municipal, and other beneficial consumptive or
nonconsumptive uses; and
(5) the term ``sponsor'' means any local, State, or
interstate agency responsible for the sale and delivery of
usable water that has the legal and financial authority and
capability to provide the financial and real property
requirements needed for a desalinization facility.
SEC. 4. RESPONSIBILITY FOR THE PROGRAM.
(a) Research and Development.--The Secretary of the Interior shall
have primary program management and oversight for conduct of the
research and development under this Act and shall coordinate these
activities with the Secretary of the Army.
(b) Desalinization Development Program.--The Secretary of the
Interior shall jointly execute the Desalinization Development Program
established under section 6 with the Secretary of the Army.
SEC. 5. RESEARCH AND DEVELOPMENT.
(a) In General.--In order to gain basic knowledge concerning the
most efficient means by which usable water can be produced from saline
water, the Secretary of the Interior and the Secretary of the Army
shall conduct a basic research and development program as established
by this Act.
(b) Contents of Program.--For the basic research and development
program, the Secretary of the Interior and the Secretary of the Army
shall--
(1) conduct, encourage, and promote fundamental scientific
research and basic studies to develop the best and most
economical processes and methods for converting saline water
into usable water through research grants and contracts--
(A) to conduct research and technical development
work,
(B) to make studies in order to ascertain the
optimum mix of investment and operating costs,
(C) to determine the best designs for different
conditions of operation, and
(D) to investigate increasing the economic
efficiency of desalinization processes by using them as
dual-purpose co-facilities with other processes
involving the use of water;
(2) engage, by competitive or noncompetitive contract or
any other means, necessary personnel, industrial or engineering
firms, Federal laboratories and other facilities, and
educational institutions suitable to conduct research or other
work;
(3) study methods for the recovery of byproducts resulting
from the desalinization of water to offset the costs of
treatment and to reduce the environmental impact from those
byproducts; and
(4) prepare a management plan for conduct of the research
and development program established under this section.
SEC. 6. DESALINIZATION DEVELOPMENT PROGRAM.
(a) Program Responsibility.--The Secretary of the Interior shall
have program responsibility for the Desalinization Development Program
established under this section (referred to in this section as the
``Desalinization Development Program'').
(b) Design and Construction.--The Secretary of the Army and the
Secretary of the Interior both shall have authority to design and
construct facilities under the Desalinization Development Program.
(c) Selection of Desalinization Development Facilities.--Candidate
facilities shall be submitted by the sponsor directly to the Secretary
of the Army or the Secretary of the Interior. Sponsors shall submit
their application for the design and construction of a facility and
certification that they can provide the required cost sharing.
Facilities shall be selected subject to availability of Federal funds.
(d) Cost Sharing.--
(1) Initial cost.--The initial cost of a facility shall
include--
(A) design cost,
(B) construction cost,
(C) lands, easements, and rights-of-way costs, and
(D) relocation costs.
(2) General rule.--The sponsor for a facility under the
Desalinization Development Program shall pay, during
construction, at least 25 percent of the initial cost of the
facility, including providing all lands, easements, and rights-
of-way and performing all related necessary relocations.
(3) 25-percent minimum contribution.--If the value of the
contributions required under paragraph (2) of this subsection
is less than 25 percent of the initial cost of the facility,
the sponsor shall pay during construction of the facility such
additional amounts as are necessary so that the total
contribution of the sponsor is equal to 25 percent of the
initial cost of the facility.
(4) 50-percent maximum.--The sponsor share under paragraph
(2) shall not exceed 50 percent of the initial cost of the
facility.
(e) Maximum Initial Cost.--The initial cost of a facility under
subsection (d)(1) may not exceed $10,000,000.
(f) Operation and Maintenance.--Operation, maintenance, repair, and
rehabilitation of facilities shall be the responsibility of the
sponsor.
(g) Revenue.--All revenue generated from the sale of usable water
from the facilities shall be retained by the sponsors.
SEC. 7. PARTICIPATION BY INTERESTED AGENCIES AND OTHER PERSONS.
(a) Coordination With Other Agencies.--
(1) In general.--Research and development activities
undertaken by the Secretary of the Interior under this Act
shall be coordinated or conducted jointly, as appropriate--
(A) with the Department of Commerce, specifically
with respect to marketing and international
competition, and
(B) with--
(i) the Departments of Defense,
Agriculture, State, Health and Human Services,
and Energy,
(ii) the Environmental Protection Agency,
(iii) the Agency for International
Development, and
(iv) other concerned Government and private
entities.
(2) Other agencies.--Other interested agencies may furnish
appropriate resources to the Secretary of the Interior to
further the activities in which they are interested.
(b) Availability of Research.--All research sponsored or funded
under authority of this Act shall be provided in such manner that
information, products, processes, and other developments resulting from
Federal expenditures or authorities shall (with exceptions necessary
for national defense and the protection of patent rights) be available
to the general public consistent with this Act.
(c) Relationship to Antitrust Laws.--Section 10 of the Federal
Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5909)
shall apply to the activities of individuals, corporations, and other
business organizations in connection with grants and contracts made by
the Secretary of the Interior pursuant to this Act.
SEC. 8. TECHNICAL AND ADMINISTRATIVE ASSISTANCE.
The Secretary of the Interior is authorized to accept technical and
administrative assistance from a State, public, or private agency in
connection with research and development activities relating to
desalinization of water and may enter into contracts or agreements
stating the purpose for which the assistance is contributed and, in
appropriate circumstances, providing for the sharing of costs between
the Secretary of the Interior and such agency.
SEC. 9. MISCELLANEOUS AUTHORITIES.
In carrying out this Act, the Secretary of the Interior or the
Secretary of the Army, as appropriate, may--
(1) make grants to educational and scientific institutions;
(2) contract with educational and scientific institutions
and engineering and industrial firms;
(3) engage, by competition or noncompetitive contract or
any other means, necessary personnel, industrial and
engineering firms and educational institutions;
(4) use the facilities and personnel of Federal, State,
municipal, and private scientific laboratories;
(5) contract for or establish and operate facilities and
tests to conduct research, testing, and development necessary
for the purposes of this Act;
(6) acquire processes, data, inventions, patent
applications, patents, licenses, lands, interests in lands and
water, facilities, and other property by purchase, license,
lease, or donation;
(7) assemble and maintain domestic and foreign scientific
literature and issue pertinent bibliographical data;
(8) conduct inspections and evaluations of domestic and
foreign facilities and cooperate and participate in their
development;
(9) conduct and participate in regional, national, and
international conferences relating to the desalinization of
water;
(10) coordinate, correlate, and publish information which
will advance the development of the desalinization of water;
and
(11) cooperate with Federal, State, and municipal
departments, agencies and instrumentalities, and with private
persons, firms, educational institutions, and other
organizations, including foreign governments, departments,
agencies, companies, and instrumentalities, in effectuating the
purposes of this Act.
SEC. 10. DESALINIZATION CONFERENCE.
(a) Establishment.--The President shall instruct the Agency for
International Development to sponsor an international desalinization
conference within twelve months following the date of the enactment of
this Act. Participants in such conference should include scientists,
private industry experts, desalinization experts and operators,
government officials from the nations that use and conduct research on
desalinization, and those from nations that could benefit from low-cost
desalinization technology, particularly in the developing world, and
international financial institutions.
(b) Purpose.--The conference established in subsection (a) shall
explore promising new technologies and methods to make affordable
desalinization a reality in the near term, and shall further propose a
research agenda and a plan of action to guide longer-term development
of practical desalinization applications.
(c) Funding.--Funding for the international desalinization
conference may come from operating or program funds of the Agency for
International Development. The Agency for International Development
shall encourage financial and other support from other nations,
including those that have desalinization technology and those that
might benefit from it.
SEC. 11. REPORTS.
Prior to the expiration of the twelve-month period following the
date of enactment of this Act, and each twelve-month period thereafter,
the Secretary of the Interior, in consultation with the Secretary of
the Army, shall prepare a report to the President and Congress
concerning the administration of this Act. Such report shall include
the actions taken by the Secretary of the Interior and the Secretary of
the Army during the calendar year preceding the calendar year in which
such report is filed, and shall include actions planned for the next
following calendar year.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) Research and Development.--There are authorized to be
appropriated to carry out section 5 $5,000,000 for fiscal year 1995,
$10,000,000 for fiscal year 1996, and such sums as may be necessary for
each of fiscal years 1997 through 1999.
(b) Desalinization Development Program.--There are authorized to be
appropriated to carry out section 6 such sums as may be necessary, up
to a total of $50,000,000, for fiscal years 1995 through 1999. Funds
made available under this subsection shall be made available in equal
amounts to the Department of the Interior and the civil works program
of the Army Corps of Engineers.
Passed the Senate August 4 (legislative day, July 20),
1994.
Attest:
MARTHA S. POPE,
Secretary. | Desalinization Research and Development Act of 1994 - Directs the Secretary of the Interior and the Secretary of the Army to conduct a basic research and development program to gain knowledge concerning the most efficient means by which usable water can be produced from saline water. Grants the Secretaries authority to design and construct desalinization facilities in cost-sharing cooperation with applying sponsors.
Directs the President to instruct the Agency for International Development to sponsor an international desalinization conference to explore new technologies of affordable desalinization and propose a research agenda.
Requires reports to the Congress and the President. Authorizes appropriations. | {"src": "billsum_train", "title": "Desalinization Research and Development Act of 1994"} | 2,660 | 138 | 0.56219 | 1.537403 | 0.699299 | 4.396396 | 22.351351 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Screening Mammography Act of 2005''.
SEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH
PLANS.
(a) Public Health Service Act Amendments.--
(1) Subpart 2 of part A of title XXVII of the Public Health
Service Act is amended by adding at the end the following new
section:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.
``(a) Requirements for Coverage of Annual Screening Mammography.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for diagnostic mammography for any class of
participants or beneficiaries shall provide coverage for annual
screening mammography for such class under terms and conditions
that are not less favorable than the terms and conditions for
coverage of diagnostic mammography.
``(2) Diagnostic and annual screening mammography
defined.--For purposes of this section--
``(A) The term `diagnostic mammography' means a
radiologic procedure that is medically necessary for
the purpose of diagnosing breast cancer and includes a
physician's interpretation of the results of the
procedure.
``(B) The term `annual screening mammography' means
a radiologic procedure provided to an individual, not
more frequently than on an annual basis, for the
purpose of early detection of breast cancer and
includes a physician's interpretation of the results of
the procedure.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny coverage for annual screening mammography on the
basis that the coverage is not medically necessary or on the
basis that the screening mammography is not pursuant to a
referral, consent, or recommendation by any health care
provider;
``(2) deny to a participant or beneficiary eligibility, or
continued eligibility, to enroll or to renew coverage under the
terms of the plan, solely for the purpose of avoiding the
requirements of this section;
``(3) provide monetary payments or rebates to participants
or beneficiaries to encourage them to accept less than the
minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(5) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a participant or beneficiary to undergo annual screening
mammography.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for diagnostic mammography.
``(3) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health plan coverage from imposing deductibles,
coinsurance, or other cost-sharing in relation to benefits for
annual screening mammography under the plan (or under health
insurance coverage offered in connection with a group health
plan), except that such coinsurance or other cost-sharing for
any portion may not be greater than such coinsurance or cost-
sharing that is otherwise applicable with respect to benefits
for diagnostic mammography.
``(4) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health insurance coverage from requiring that a
participant or beneficiary, before undergoing an annual
screening mammography more frequently than on an annual basis,
consult with an appropriate health care practitioner or obtain
a written authorization from such a practitioner for submission
to the plan or issuer, but nothing in this section shall be
construed as requiring prior authorization before undergoing an
annual screening mammography.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed as preventing a group health plan or a health
insurance issuer offering group health insurance coverage from
negotiating the level and type of reimbursement with a provider for
care provided in accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage for any
class of participants or beneficiaries if there is a State law
(as defined in section 2723(d)(1)) for a State that regulates
such coverage, that requires coverage to be provided for annual
screening mammography for such class, and that provides at
least the protections described in subsection (b).
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(b) ERISA Amendments.--
(1) Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 is amended by
adding at the end the following new section:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.
``(a) Requirements for Coverage of Annual Screening Mammography.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for diagnostic mammography for any class of
participants or beneficiaries shall provide coverage for annual
screening mammography for such class under terms and conditions
that are not less favorable than the terms and conditions for
coverage of diagnostic mammography.
``(2) Diagnostic and annual screening mammography
defined.--For purposes of this section--
``(A) The term `diagnostic mammography' means a
radiologic procedure that is medically necessary for
the purpose of diagnosing breast cancer and includes a
physician's interpretation of the results of the
procedure.
``(B) The term `annual screening mammography' means
a radiologic procedure provided to an individual, not
more frequently than on an annual basis, for the
purpose of early detection of breast cancer and
includes a physician's interpretation of the results of
the procedure.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny coverage described in subsection (a)(1) on the
basis that the coverage is not medically necessary or on the
basis that the annual screening mammography is not pursuant to
a referral, consent, or recommendation by any health care
provider;
``(2) deny to a participant or beneficiary eligibility, or
continued eligibility, to enroll or to renew coverage under the
terms of the plan, solely for the purpose of avoiding the
requirements of this section;
``(3) provide monetary payments or rebates to participants
or beneficiaries to encourage them to accept less than the
minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(5) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a participant or beneficiary to undergo annual screening
mammography.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for diagnostic mammography.
``(3) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health insurance coverage from imposing
deductibles, coinsurance, or other cost-sharing in relation to
benefits for annual screening mammography under the plan (or
under health insurance coverage offered in connection with a
group health plan), except that such coinsurance or other cost-
sharing for any portion may not be greater than such
coinsurance or cost-sharing that is otherwise applicable with
respect to benefits for diagnostic mammography.
``(4) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health insurance coverage from requiring that a
participant or beneficiary, before undergoing an annual
screening mammography more frequently than on an annual basis,
consult with an appropriate health care practitioner or obtain
a written authorization from such a practitioner for submission
to the plan or issuer, but nothing in this section shall be
construed as requiring prior authorization before undergoing an
annual screening mammography.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed as preventing a group health plan or a health
insurance issuer offering group health insurance coverage from
negotiating the level and type of reimbursement with a provider for
care provided in accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage for any
class of participants or beneficiaries if there is a State law
(as defined in section 731(d)(1)) for a State that regulates
such coverage, that requires coverage to be provided for annual
screening mammography for such class, and that provides at
least the protections described in subsection (b).
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(4) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``714. Standards relating to benefits for screening mammography.''.
(c) Effective Dates.--(1) Subject to paragraph (2), the amendments
made by this section shall apply with respect to group health plans
(and health insurance coverage offered in connection with group health
plans) for plan years beginning on or after January 1, 2006.
(2) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers ratified before the date of enactment of this
Act, the amendments made by this section shall not apply to plan years
beginning before the later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminate (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(B) January 1, 2006.
For purposes of subparagraph (A), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by this section shall
not be treated as a termination of such collective bargaining
agreement.
SEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL
HEALTH COVERAGE.
(a) In General.--Part B of title XXVII of the Public Health Service
Act is amended by inserting after section 2752 the following new
section:
``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.
``(a) In General.--The provisions of section 2707 (other than
subsections (d) and (f)) shall apply to health insurance coverage
offered by a health insurance issuer in the individual market in the
same manner as it applies to health insurance coverage offered by a
health insurance issuer in connection with a group health plan in the
small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage for any
class of individuals if there is a State law (as defined in
section 2723(d)(1)) for a State that regulates such coverage,
that requires coverage in the individual health insurance
market to be provided for annual screening mammography for such
class and that provides at least the protections described in
section 2707(b) (as applied under subsection (a)).
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(b) Conforming Amendment.--Section 2762(b)(2) of such Act (42
U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and
inserting ``sections 2751 and 2753''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to health insurance coverage offered, sold, issued,
or renewed in the individual market on or after such January 1, 2006.
SEC. 4. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER MEDICAID.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by redesignating paragraph (28) as paragraph (29); and
(3) by inserting after paragraph (27) the following new
paragraph:
``(28) annual screening mammography (as defined in
subsection (x)) that is conducted by a facility that has a
certificate (or provisional certificate) issued under section
354 of the Public Health Service Act; and''.
(b) Annual Screening Mammography Defined.--Section 1905 of such Act
(42 U.S.C. 1396d) is amended by adding at the end the following new
subsection:
``(y) The term `annual screening mammography' means a radiologic
procedure provided to a woman, not more frequently than on an annual
basis, for the purpose of early detection of breast cancer and includes
a physician's interpretation of the results of the procedure.''.
(c) Making Coverage Mandatory.--Section 1902(a)(10)(A) of such Act
(42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)''
and inserting ``(17), (21), and (27)''.
(d) Conforming Amendments.--Section 1902(a)(10)(C)(iv) of such Act
(42 U.S.C. 1396a(a)(10)(C)(iv)) is amended--
(1) by striking ``and (17)'' and inserting ``, (17), and
(27)'', and
(2) by striking ``through (24)'' and inserting ``through
(28)''; and
(e) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to screening mammography
performed on or after January 1, 2006, without regard to whether or not
final regulations to carry out such amendments have been promulgated by
such date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendments made by this section, the State
plan shall not be regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet this
additional requirement before the first day of the first calendar
quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature. | Screening Mammography Act of 2005 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammography for any class of participants or beneficiaries to also provide coverage for annual screening mammography for that class under terms that are not less favorable. Prohibits: (1) denying screening coverage on the basis that the screening is not medically necessary or is not pursuant to a referral or recommendation; (2) denying eligibility, enrollment, or renewal solely to avoid this requirement; (3) providing monetary incentives to participants or beneficiaries to encourage them to accept less than such minimum protections; (4) penalizing providers because they provide such care; or (5) providing incentives to induce providers to provide such care. Declares that this Act does not preempt any state laws providing at least these protections.
Applies such requirements and prohibitions to health coverage offered in the individual market. Amends title XIX (Medicaid) of the Social Security Act to mandate coverage of annual screening mammographies. | {"src": "billsum_train", "title": "To amend the Public Health Service Act and Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide coverage for annual screening mammography for any class of covered individuals if the coverage or plans include coverage for diagnostic mammography for such class and to amend title XIX of the Social Security Act to provide for coverage of annual screening mammography under the Medicaid Program."} | 4,031 | 245 | 0.714961 | 2.137694 | 1.04171 | 3.127358 | 16.773585 | 0.900943 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century FHA Housing Act of
2009''.
SEC. 2. MORTGAGE INSURANCE FOR CONDOMINIUMS.
Section 203 of the National Housing Act (12 U.S.C. 1709) is amended
by adding at the end the following new subsection:
``(y) Inapplicability of Environmental Review Provisions.--In
insuring, under this section, any mortgage described in section
201(a)(C), the Secretary shall not be subject to the conditions of, or
review under, the National Environmental Policy Act of 1969 or any
other provision of law that furthers the purposes of such Act.''.
SEC. 3. ENERGY EFFICIENT MORTGAGES.
Section 106(a)(2)(C) of the Energy Policy Act of 1992 (42 U.S.C.
12712 note) is amended--
(1) in clause (i), by inserting ``(i)'' after ``(A)'' each
place such term appears; and
(2) in clause (ii), by striking ``203(b)(2)(B)'' and
inserting ``203(b)(2)(A)(ii)''.
SEC. 4. MODERNIZATION OF WORKFORCE AND RESOURCES.
Section 202 of the National Housing Act (12 U.S.C. 1708) is amended
by adding at the end the following new subsections:
``(g) Personnel.--
``(1) In general.--Notwithstanding section 502(a) of the
Housing Act of 1948 (12 U.S.C. 1701c(a)), the Secretary may
appoint and fix the compensation of such officers and employees
of the Department as the Secretary considers necessary to carry
out the functions of the Secretary under this Act and any other
functions of the Federal Housing Administration. Such officers
and employees may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification and General Schedule
pay rates.
``(2) Comparability of compensation with federal financial
regulatory agencies.--In fixing and directing compensation
under paragraph (1), the Secretary shall consult with, and
maintain comparability with compensation of officers and
employees of the Federal Housing Finance Agency, the Board of
Governors of the Federal Reserve System, and the Federal
Deposit Insurance Corporation.
``(3) Personnel of other federal agencies.--In carrying out
the functions referred to in paragraph (1), the Secretary may
use information, services, staff, and facilities of any
executive agency, independent agency, or department on a
reimbursable basis, with the consent of such agency or
department.
``(4) Outside experts and consultants.--The Secretary may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, to assist the work of
the Department in carrying out the functions referred to in
paragraph (1).
``(h) Information Technology.--
``(1) In general.--In carrying out any program under this
Act or any other program of the Federal Housing Administration,
the Secretary may utilize any amounts as may be made available
for such programs to ensure that an appropriate level of
investment in information technology is maintained in order for
the Secretary to upgrade the technology systems of the
Department used in carrying out the functions referred to in
subsection (g)(1).
``(2) Use of premium-generated income.--To the extent that
income derived in any fiscal year from premium fees charged
under section 203(c) is in excess of the level of income
estimated for that such year for such premium fees and assumed
in the baseline projection prepared by the Director of the
Office of Management and Budget for inclusion in the
President's annual budget request and subject to approval in
advance in an appropriation Act, not more than $72,000,000 of
such excess amounts may be used from such amounts for the
purpose of carrying out this subsection.
``(i) Training and Education Program.--
``(1) Establishment.--The Secretary of Housing and Urban
Development shall carry out a comprehensive training and
education program to improve the service provided by personnel
of the Department carrying out functions referred to in
subsection (g)(1) to users of the mortgage insurance programs
under this Act and any other FHA mortgage insurance programs.
``(2) Topics.--The training and education program under
this subsection shall--
``(A) have as its primary goal improving the
quality and consistency of responses provided by such
personnel of the Department headquarters and other
offices and centers of the Department regarding
regulations, handbooks, mortgagee letters, and other
guidance; and
``(B) be designed to--
``(i) ensure that lenders participating in
the FHA programs may rely on information
provided by one office or center of the
Department when doing business with a different
office or center; and
``(ii) prevent such lenders from soliciting
answers to the same question from different
offices or centers of the Department in an
attempt to obtain an answer that is
satisfactory to the lender, by ensuring
consistent responses from different offices and
centers.''.
SEC. 5. RISK MANAGEMENT IMPROVEMENTS.
(a) Review of Delinquencies and Lender Monitoring.--Section 202 of
the National Housing Act (12 U.S.C. 1708), as amended by the preceding
provisions of this Act, is further amended by adding at the end the
following new subsection:
``(j) Risk Management Improvement.--
``(1) Review of delinquencies among recent originations.--
``(A) In general.--The Secretary shall conduct an
ongoing review of mortgages on single family housing
originated during the preceding 12 months and insured
pursuant to this Act under which the mortgagor has
become 60 or more days delinquent with respect to
payment under the mortgage during the first 90 days of
the term of the mortgage to determine which mortgages
should not have been originated or insured and the
characteristics of such mortgages, and which lenders
have relatively high incidences of such delinquent
mortgages;
``(B) Reporting to congress.--Not later than 90
days after the date of enactment of the 21st Century
FHA Housing Act of 2009, the Secretary shall make
available to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate any
information and conclusions pursuant to the review
required under subparagraph (A).
``(C) Sufficient resources.--There is authorized to
be appropriated to the Secretary for each of fiscal
years 2010 through 2014 the amount necessary to provide
90 additional full-time equivalent positions for the
Department, or for entering into such contracts as are
necessary, to conduct reviews in accordance with the
requirements of this section.
``(2) Lender monitoring.--In conducting monitoring and
analysis of the performance of lenders for mortgages on single
family housing insured under this Act, the Secretary shall
utilize a one-year period for such monitoring and analysis, to
promote earlier identification of problem lenders and allow
earlier intervention and sanctions.''.
(b) Analysis of Mortgage Performance.--Section 203(g)(2) of the
Helping Families Save Their Homes Act of 2009 (12 U.S.C. 1708 note) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) analyze the portion of mortgages randomly reviewed
pursuant to subparagraph (B) on the basis of performance.''.
SEC. 6. SENSE OF CONGRESS REGARDING ADEQUATE CAPITAL FLOW FOR MORTGAGE
LOANS.
(a) Congressional Findings.--The Congress finds that--
(1) warehouse lending, which provides short-term lines of
credit to non-depository lenders for mortgage loans that are
eventually sold into the secondary market to Fannie Mae,
Freddie Mac and Ginnie Mae, is a critical link in the housing
finance chain;
(2) according to data obtained pursuant to the Home
Mortgage Disclosure Act of 1975, nondepository lenders that
utilize warehouse lines of credit account for as much as 40
percent of all residential mortgage loans in the United States,
and nearly 55 percent of FHA loans, which are increasingly
popular;
(3) it is estimated that since 2006 warehouse lending
capacity available to the mortgage lending industry has
declined by nearly 90 percent to the current level of
approximately $20 billion to $25 billion;
(4) based upon projected 2009 lending volume, there could
be a shortfall of hundreds of billions of dollars in home
mortgage availability caused by a lack of warehouse lending
capacity; and
(5) unless Federal regulators promptly address the issue,
borrowers seeking to take advantage of today's low interest
rates will face rising costs and reduced credit access, which
could undermine the housing market recovery.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) the Secretary of the Treasury, the Secretary of Housing
and Urban Development, and the Director of the Federal Housing
Finance Agency should use their existing authorities under the
Emergency Economic Stabilization Act of 2008, the Housing and
Economic Recovery Act of 2008, and other statutory and
regulatory authorities to provide financial support and
assistance to facilitate increased warehouse credit capacity by
qualified warehouse lenders;
(2) such financial support and assistance should--
(A) be used only to expand the amount of credit or
lending capacity made available to qualified mortgage
lenders by qualified warehouse lenders for the purpose
of funding residential mortgage loans;
(B) be provided in such form and manner as such
Secretaries or the Director, as applicable, consider
appropriate, which might include direct loans,
guarantees, credit enhancement, and other incentives;
and
(C) comply with other requirements established by
such Secretaries or the Director, as applicable.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Qualified mortgage lender.--The term ``qualified
mortgage lender'' means an entity that--
(A) is engaged in the business of making mortgage
loans for one- to four-family residences that are--
(i) insured under title II of the National
Housing Act (12 U.S.C. 1707 et seq.);
(ii) guaranteed, insured, or made under
chapter 37 of title 38, United States Code;
(iii) made, guaranteed, or insured under
title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.); or
(iv) eligible for purchase by the Federal
National Mortgage Association or the Federal
Home Loan Mortgage Corporation; and
(B) is not a depository institution.
(2) Qualified warehouse lender.--The term ``qualified
warehouse lender'' means an entity that extends credit to
qualified mortgage lenders for the purpose of originating
mortgage loans described in paragraph (1)(A), or that otherwise
facilitates the origination of such loans by a qualified
mortgage lender.
SEC. 7. FORECLOSURE AVOIDANCE INITIATIVES.
Section 230 of the National Housing Act (12 U.S.C. 1715u) is
amended by inserting after subsection (d) the following new subsection:
``(e) Foreclosure Avoidance Demonstration Programs.--The Secretary
may carry out such demonstration programs as the Secretary from time to
time determines are appropriate to demonstrate the effectiveness of
alternative methods of avoiding foreclosure on mortgages insured under
this title, including methods involving short sales and deeds in lieu
of foreclosure, and such methods may involve partial or full payment of
insurance benefits to the mortgagee.''.
Passed the House of Representatives September 15, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | 21st Century FHA Housing Act of 2009 - (Sec. 2) Amends the National Housing Act to declare that the Secretary of Housing and Urban Affairs (HUD) is not subject to the National Environmental Policy Act of 1969 when insuring any mortgage for a one-family unit in a multifamily project that holds an undivided interest in the common areas and facilities which serve the project (condominium).
(Sec. 4) Authorizes the Secretary to: (1) appoint and fix the compensation of HUD personnel; and (2) use certain funds to maintain an appropriate level of investment in information technology in order to upgrade HUD technology systems used in carrying out personnel-related functions.
Sets a cap upon the use of premium-generated income for such upgrades, subject to approval in advance in an appropriation Act.
(Sec. 5) Requires the Secretary to: (1) establish a comprehensive training and education program to improve certain HUD services to users of Federal Housing Administration (FHA) mortgage insurance programs; and (2) conduct an ongoing review of delinquencies among recent single family housing mortgage originations; and (3) make available to certain congressional committees any information and conclusions pursuant to such review of delinquencies.
Amends the Helping Families Save Their Homes Act of 2009 to direct the Secretary to implement procedures that analyze mortgage performance during the mandatory random review of mortgagees on one- to four-family residences who potentially present a high risk to the Mutual Mortgage Insurance Fund.
(Sec. 6) Expresses the sense of Congress that the Secretary of the Treasury, the Secretary of HUD, and the Director of the Federal Housing Finance Agency (FHFA) should use their statutory and regulatory authorities to provide financial assistance to facilitate increased warehouse credit capacity by qualified warehouse lenders.
Urges that such assistance: (1) be used only to expand the amount of credit or lending capacity made available to qualified mortgage lenders by qualified warehouse lenders in order to fund residential mortgage loans; and (2) be provided in a manner which might include direct loans, guarantees, credit enhancement, and other incentives.
(Sec. 7) Amends the National Housing Act to authorize the Secretary to implement alternative insured mortgage foreclosure avoidance demonstration programs, including methods involving short sales and deeds in lieu of foreclosure, and partial or full payment of insurance benefits to the mortgagee. | {"src": "billsum_train", "title": "To make improvements to the FHA mortgage insurance programs of the Department of Housing and Urban Development, and for other purposes."} | 2,572 | 512 | 0.503576 | 1.617618 | 0.667834 | 3.547461 | 5.229581 | 0.89404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Space Transportation
Competitiveness Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a robust United States space transportation industry is
vital to the Nation's economic well-being and national security;
(2) enactment of a 5-year extension of the excess third party
claims payment provision of chapter 701 of title 49, United States
Code (Commercial Space Launch Activities), will have a beneficial
impact on the international competitiveness of the United States
space transportation industry;
(3) space transportation may evolve into airplane-style
operations;
(4) during the next 3 years the Federal Government and the
private sector should analyze the liability risk-sharing regime to
determine its appropriateness and effectiveness, and, if needed,
develop and propose a new regime to Congress at least 2 years prior
to the expiration of the extension contained in this Act;
(5) the areas of responsibility of the Office of the Associate
Administrator for Commercial Space Transportation have
significantly increased as a result of--
(A) the rapidly expanding commercial space transportation
industry and associated government licensing requirements;
(B) regulatory activity as a result of the emerging
commercial reusable launch vehicle industry; and
(C) the increased regulatory activity associated with
commercial operation of launch and reentry sites; and
(6) the Office of the Associate Administrator for Commercial
Space Transportation should continue to limit its promotional
activities to those which support its regulatory mission.
SEC. 3. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.
(a) Amendment.--Section 70119 of title 49, United States Code, is
amended to read as follows:
``Sec. 70119. Office of Commercial Space Transportation
``There are authorized to be appropriated to the Secretary of
Transportation for the activities of the Office of the Associate
Administrator for Commercial Space Transportation--
``(1) $12,607,000 for fiscal year 2001; and
``(2) $16,478,000 for fiscal year 2002.''.
(b) Table of Sections Amendment.--The item relating to section
70119 in the table of sections of chapter 701 of title 49, United
States Code, is amended to read as follows:
``70119. Office of Commercial Space Transportation.''.
SEC. 4. OFFICE OF SPACE COMMERCIALIZATION.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the activities of the
Office of Space Commercialization--
(1) $590,000 for fiscal year 2001;
(2) $608,000 for fiscal year 2002; and
(3) $626,000 for fiscal year 2003.
(b) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Commerce shall transmit to
the Congress a report on the Office of Space Commercialization
detailing the activities of the Office, the materials produced by the
Office, the extent to which the Office has fulfilled the functions
established for it by the Congress, and the extent to which the Office
has participated in interagency efforts.
SEC. 5. COMMERCIAL SPACE TRANSPORTATION INDEMNIFICATION EXTENSION.
(a) In General.--If, on the date of the enactment of this Act,
section 70113(f) of title 49, United States Code, has not been amended
by the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2001, then
that section is amended by striking ``December 31, 2000'' and inserting
``December 31, 2004''.
(b) Amendment of Modified Section.--If, on the date of the
enactment of this Act, section 70113(f) of title 49, United States
Code, has been amended by the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2001, then that section is amended by striking ``December 31,
2001'' and inserting ``December 31, 2004''.
SEC. 6. TECHNICAL AMENDMENT TO SECTION 70113 OF TITLE 49.
(a) Section 70113 of title 49, United States Code, is amended by
striking ``------, 19----.','' in subsection (e)(1)(A) and inserting
``------, 20----.',''.
(b) The amendment made by subsection (a) takes effect on January 1,
2000.
SEC. 7. LIABILITY REGIME FOR COMMERCIAL SPACE TRANSPORTATION.
(a) Report Requirement.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Transportation shall
transmit to the Congress a report on the liability risk-sharing regime
in the United States for commercial space transportation.
(b) Contents.--The report required by this section shall--
(1) analyze the adequacy, propriety, and effectiveness of, and
the need for, the current liability risk-sharing regime in the
United States for commercial space transportation;
(2) examine the current liability and liability risk-sharing
regimes in other countries with space transportation capabilities;
(3) examine the appropriateness of deeming all space
transportation activities to be ``ultrahazardous activities'' for
which a strict liability standard may be applied and which
liability regime should attach to space transportation activities,
whether ultrahazardous activities or not;
(4) examine the effect of relevant international treaties on
the Federal Government's liability for commercial space launches
and how the current domestic liability risk-sharing regime meets or
exceeds the requirements of those treaties;
(5) examine the appropriateness, as commercial reusable launch
vehicles enter service and demonstrate improved safety and
reliability, of evolving the commercial space transportation
liability regime towards the approach of the airline liability
regime;
(6) examine the need for changes to the Federal Government's
indemnification policy to accommodate the risks associated with
commercial spaceport operations; and
(7) recommend appropriate modifications to the commercial space
transportation liability regime and the actions required to
accomplish those modifications.
(c) Sections.--The report required by this section shall contain
sections expressing the views and recommendations of--
(1) interested Federal agencies, including--
(A) the Office of the Associate Administrator for
Commercial Space Transportation;
(B) the National Aeronautics and Space Administration;
(C) the Department of Defense; and
(D) the Office of Space Commercialization; and
(2) the public, received as a result of notice in Commerce
Business Daily, the Federal Register, and appropriate Federal
agency Internet websites.
SEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR GLOBAL POSITIONING
SYSTEM.
The use of interagency funding and other forms of support is hereby
authorized by Congress for the functions and activities of the
Interagency Global Positioning System Executive Board, including an
Executive Secretariat to be housed at the Department of Commerce.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes appropriations for FY 2001 through 2003 for activities of the Office of Space Commercialization. Directs the Secretary of Commerce to report to Congress on such Office.
Extends, through December 31, 2004, the Act's commercial space launch industry damage indemnification provisions.
Directs the Secretary to report to Congress on the liability risk-sharing regime in the United States for commercial space transportation.
Authorizes the use of interagency funding and other forms of support for the functions and activities of the Interagency Global Positioning System Executive Board, including an Executive Secretariat to be housed at the Department of Commerce. | {"src": "billsum_train", "title": "Commercial Space Transportation Competitiveness Act of 2000"} | 1,524 | 131 | 0.583083 | 1.703453 | 0.605428 | 5.294643 | 12.544643 | 0.901786 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Unemployment
Compensation Extension Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. References.
Sec. 102. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 103. Entitlement to additional weeks of temporary extended
unemployment compensation.
Sec. 104. TEUC-X trigger fix.
TITLE II--RAILROAD UNEMPLOYMENT INSURANCE
Sec. 201. Temporary increase in extended unemployment benefits under
the Railroad Unemployment Insurance Act.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 26 U.S.C. 3304 note).
SEC. 102. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 is amended to read
as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2004.
``(b) Transition.--In the case of an individual who is receiving
temporary extended unemployment compensation for the week which
immediately precedes the first day of the week that includes July 1,
2004, temporary extended unemployment compensation shall continue to be
payable to such individual for any week thereafter from the account
from which such individual received compensation for the week
immediately preceding that termination date. No compensation shall be
payable by reason of the preceding sentence for any week beginning
after December 31, 2004.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note).
SEC. 103. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
(a) Weeks of TEUC Amounts.--Paragraph (1) of section 203(b) is
amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
(b) Weeks of TEUC-X Amounts.--Section 203(c)(1) is amended by
striking ``an amount equal to the amount originally established in such
account (as determined under subsection (b)(1))'' and inserting ``7
times the individual's weekly benefit amount for the benefit year''.
(c) Effective Date.--
(1) In general.--The amendments made by this section--
(A) shall take effect as if included in the
enactment of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note); but
(B) shall apply only with respect to weeks of
unemployment beginning on or after the date of
enactment of this Act, subject to paragraph (2).
(2) Special rules.--In the case of an individual for whom a
temporary extended unemployment compensation account was
established before the date of enactment of this Act, the
Temporary Extended Unemployment Compensation Act of 2002 (as
amended by this title) shall be applied subject to the
following:
(A) Any amounts deposited in the individual's
temporary extended unemployment compensation account by
reason of section 203(c) of such Act (commonly known as
``TEUC-X amounts'') before the date of enactment of
this Act shall be treated as amounts deposited by
reason of section 203(b) of such Act (commonly known as
``TEUC amounts''), as amended by subsection (a).
(B) For purposes of determining whether the
individual is eligible for any TEUC-X amounts under
such Act, as amended by this title--
(i) any determination made under section
203(c) of such Act before the application of
the amendments made by this title shall be
disregarded; and
(ii) any such determination shall instead
be made by applying section 203(c) of such Act,
as amended by this title--
(I) as of the time that all amounts
established in such account in
accordance with section 203(b) of such
Act (as amended by this title, and
including any amounts described in
subparagraph (A)) are in fact
exhausted, except that
(II) if such individual's account
was both augmented by and exhausted of
all TEUC-X amounts before the date of
enactment of this Act, such
determination shall be made as if
exhaustion (as described in section
203(c)(1) of such Act) had not occurred
until such date of enactment.
SEC. 104. TEUC-X TRIGGER FIX.
Section 203(c)(2)(B) is amended to read as follows:
``(B) such a period would then be in effect for
such State under such Act if--
``(i) section 203(d) of such Act were
applied as if it had been amended by striking
`5' each place it appears and inserting `4';
and
``(ii) with respect to weeks of
unemployment beginning on or after the date of
enactment of this clause--
``(I) paragraph (1)(A) of such
section 203(d) did not apply; and
``(II) clause (ii) of section
203(f)(1)(A) of such Act did not
apply.''.
TITLE II--RAILROAD UNEMPLOYMENT INSURANCE
SEC. 201. TEMPORARY INCREASE IN EXTENDED UNEMPLOYMENT BENEFITS UNDER
THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
Section 2(c)(2) of the Railroad Unemployment Insurance Act (45
U.S.C. 352(c)(2)) is amended by adding at the end the following:
``(D) Temporary increase in extended unemployment
benefits.--
``(i) Employees with 10 or more years of
service.--Subject to clause (iii), in the case
of an employee who has 10 or more years of
service (as so defined), with respect to
extended unemployment benefits--
``(I) subparagraph (A) shall be
applied by substituting ``130 days of
unemployment'' for ``65 days of
unemployment''; and
``(II) subparagraph (B) shall be
applied by inserting ``(or, in the case
of unemployment benefits, 13
consecutive 14-day periods'' after ``7
consecutive 14-day periods''.
``(ii) Employees with less than 10 years of
service.--Subject to clause (iii), in the case
of an employee who has less than 10 years of
service (as so defined), with respect to
extended unemployment benefits, this paragraph
shall apply to such an employee in the same
manner as this paragraph would apply to an
employee described in clause (i) if such clause
had not been enacted.
``(iii) Application.--The provisions of
clauses (i) and (ii) shall apply to an employee
who received normal benefits for days of
unemployment under this Act during the period
beginning on July 1, 2002, and ending before
July 1, 2004.''. | Unemployment Compensation Extension Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to: (1) extend the TEUC program; (2) provide for additional weeks of TEUC and TEUC-X benefits; and (3) revise unemployment rate triggers for TEUC-X benefit periods.
Extends the TEUC program through weeks of unemployment ending before July 1, 2004. Provides a phase-out period for individual payments up to weeks beginning after December 31, 2004.
Increases to 26 weeks an eligible individual's TEUC payments. Provides for an additional seven weeks of payments, for a total of 33 weeks, for individuals in high-unemployment States (TEUC-X). (Current law provides 13 weeks of regular TEUC payments, with an additional 13 and total 26 in TEUC-X States.)
Revises requirements for determining TEUC-X States, using certain triggers based on insured unemployment rates and on total unemployment rates.
Amends the Railroad Unemployment Insurance Act to provide a temporary increase in extended unemployment benefits. | {"src": "billsum_train", "title": "A bill to provide extended unemployment benefits to displaced workers."} | 1,871 | 239 | 0.596521 | 1.66827 | 0.798195 | 1.894472 | 7.854271 | 0.768844 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ecosystem Management Act of 1994''.
SEC. 2. ECOSYSTEM MANAGEMENT.
(a) Definitions.--Section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702) is amended by adding at the end
the following new subsections:
``(q) The term `Indian tribe' means any Indian tribe, band, nation,
or other organized group or community (including any Alaska Native
village or Regional Corporation established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) that is
recognized as eligible for the special services provided by the United
States to Indians because of their status as Indians.
``(r) The term `systems approach', with respect to an ecosystem,
means an interdisciplinary scientific method of analyzing the ecosystem
as a whole that takes into account the interconnections of the
ecosystem.
``(s) The term `tribal organization' has the meaning given such
term in section 4(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l)).''.
(b) Ecosystem Management.--Title II of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1711 et seq.) is amended by adding at
the end the following new sections:
``ecosystem management
``Sec. 216. It is the policy of the Federal Government to carry out
ecosystem management with respect to public lands in accordance with
the following principles:
``(1) Human populations form an integral part of
ecosystems.
``(2) It is important to address human needs in the context
of other environmental attributes--
``(A) in recognition of the dependency of human
economies on viable ecosystems; and
``(B) in order to ensure diverse, healthy,
productive, and sustainable ecosystems.
``(3) A systems approach to ecosystem management furthers
the goal of conserving biodiversity.
``(4) Ecosystem management provides for the following:
``(A) The promotion of the stewardship of natural
resources.
``(B) The formation of partnerships of public and
private interests to achieve shared goals for the
stewardship of natural resources.
``(C) The promotion of public participation in
decisions and activities related to the stewardship of
natural resources.
``(D) The use of the best available scientific
knowledge and technology to achieve the stewardship of
natural resources.
``(E) The establishment of cooperative planning and
management activities to protect and manage ecosystems
that cross jurisdictional boundaries.
``(F) The implementation of cooperative,
coordinated planning activities among Federal, tribal,
State, local, and private landowners.
``ecosystem management commission
``Sec. 217. (a) Establishment.--There is established an Ecosystem
Management Commission (referred to in this section as the
`Commission').
``(b) Purposes of the Commission.--The purposes of the Commission
are as follows:
``(1) To advise the Secretary and Congress concerning
policies relating to ecosystem management on public lands.
``(2) To examine opportunities for and constraints on
achieving cooperative and coordinated ecosystem management
strategies that provide for cooperation between the Federal
Government and Indian tribes, States and political subdivisions
of States, and private landowners to incorporate a
multijurisdictional approach to ecosystem management.
``(c) Members.--The Commission shall consist of the following 16
individuals:
``(1) From the Committee on Energy and Natural Resources of
the Senate:
``(A) The Chairman (or a designee of the Chairman)
and the Ranking Minority Member (or a designee of the
Member).
``(B) The Chairman (or a designee of the Chairman)
and the Ranking Minority Member (or a designee of the
Member) of the Subcommittee on Public Lands, National
Parks and Forests.
``(2) From the Committee on Appropriations of the Senate:
``(A) The Chairman (or a designee of the Chairman)
and the Ranking Minority Member (or a designee of the
Member).
``(B) The Chairman (or a designee of the Chairman)
and the Ranking Minority Member (or a designee of the
Member) of the Subcommittee on Interior and Related
Agencies.
``(3) From the Committee on Natural Resources of the House
of Representatives:
``(A) The Chairman (or a designee of the Chairman)
and the Ranking Minority Member (or a designee of the
Member).
``(B) The Chairman (or a designee of the Chairman)
and the Ranking Minority Member (or a designee of the
Member) of the Subcommittee on National Parks, Forests,
and Public Lands.
``(4) From the Committee on Appropriations of the House of
Representatives:
``(A) The Chairman (or a designee of the Chairman)
and the Ranking Minority Member (or a designee of the
Member).
``(B) The Chairman (or a designee of the Chairman)
and the Ranking Minority Member (or a designee of the
Member) of the Subcommittee on Interior.
``(d) Chairman.--The Commission shall elect a Chairman from among
the members of the Commission.
``(e) Duties of the Commission.--The duties of the Commission are
as follows:
``(1) To conduct studies to accomplish the following:
``(A) To develop, in a manner consistent with
section 216, a definition of the term `ecosystem
management'.
``(B) To identify appropriate geographic scales for
coordinated ecosystem-based planning.
``(C) To identify, with respect to the Federal
Government, the governments of Indian tribes, States
and political subdivisions of States, and private
landowners, constraints on, and opportunities for,
ecosystem management in order to facilitate the
coordination of planning activities for ecosystem
management among the governments and private
landowners.
``(D) To identify strategies for implementing
ecosystem management that recognize the following:
``(i) The role of human populations in the
operation of ecosystems.
``(ii) The dependency of human populations
on sustainable ecosystems for the production of
goods and the provision of services.
``(E) To examine this Act, and each other Federal
law or policy that directly or indirectly affects the
management of public lands, including Federal lands
that have been withdrawn from the public domain, to
determine whether any legislation or changes to
administrative policies, practices, or procedures are
necessary to facilitate ecosystem management by the
Federal Government in accordance with section 216.
``(F) To examine the budget and operation of each
Federal department or agency with responsibilities
related to ecosystem management to determine whether
changes are needed to facilitate ecosystem management.
``(G) To identify incentives, such as trust funds,
to encourage Indian tribes, States and political
subdivisions of States, and private landowners to
assist the Federal Government in the development of
ecosystem management strategies.
``(H) To identify disincentives that may be used to
discourage the entities described in subparagraph (G)
from refusing to assist the Federal Government in the
development of ecosystem management strategies.
``(I) To determine the necessity for one or more
governmental entities--
``(i) to establish a new river basin
commission or other regional entity,
``(ii) to enter into a new interstate
compact, or
``(iii) to take any other related action,
in order to facilitate the implementation of ecosystem
management and to ensure the coordination of planning
activities with other governmental entities in a manner
consistent with section 216 and this section.
``(J) To identify, through the use of case studies
that represent different regions of the United States
(including the Columbia River Basin in the Western
United States and the New York-New Jersey Highlands
area in the Eastern United States), opportunities for
and constraints on the coordination of planning
activities of the Federal Government, Indian tribes,
State governments, and the governments of political
subdivisions of States, and private landowners to
accomplish the following:
``(i) To implement ecosystem management.
``(ii) To serve as a framework for
cooperative planning efforts across the United
States.
``(2) To develop recommendations concerning the findings of
the studies described in paragraph (1).
``(3) To submit to Congress and the Secretary, not later
than 1 year after the date of enactment of the Ecosystem
Management Act of 1994, a report that contains the findings of
the studies conducted pursuant paragraph (1) and the
recommendations developed pursuant to paragraph (2).
``(f) Meetings.--
``(1) Not later than 180 days after the date of enactment
of the Ecosystem Management Act of 1994, the Commission shall
hold its initial meeting.
``(2) Subsequent meetings shall be held at the call of the
Chairman.
``(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
``(h) Powers of the Commission .--(1) The Commission may hold such
hearings, sit and act at such times and places, take such testimony,
and receive such evidence as the Commission considers appropriate to
carry out this section.
``(2) The Commission may secure directly from any Federal
department or agency such information as the Commission considers
necessary to carry out the duties of the Commission, specified in
subsection (e). Upon request of the Chairman of the Commission, the
head of such Federal department or agency shall furnish such
information to the Commission.
``(3) The Commission may use the United States mails in the same
manner and under the same conditions as other Federal departments or
agencies.
``(4) The Commission may accept, use, and dispose of gifts or
donations of services or property.
``(i) Personnel and Services.--The Secretary shall detail without
reimbursement such personnel, and provide such services without
reimbursement to the Commission as the Commission may require to carry
out the duties specified in subsection (e). An employee of the Federal
Government detailed to the Commission under this subsection shall serve
without interruption or loss of civil service status or privilege.
``(j) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
``(k) Advisory Committee.--(1) Not later than 90 days after the
date of enactment of the Ecosystem Management Act of 1994, the
Secretary shall establish an Ecosystem Management Advisory Committee
(referred to in this section as the `Advisory Committee') to assist the
Commission in preparing and reviewing the report required by subsection
(e)(3).
``(2) The Secretary shall appoint 13 members to the Advisory
Committee by the date specified in paragraph (1) as follows:
``(A) Two members shall be selected from nominations
submitted by tribal organizations located in States that have a
significant amount of public lands (as determined by the
Secretary).
``(B) Three members shall be officials of a government of a
State or political subdivision of a State or a community
organization (as determined by the Secretary) selected from
nominations from the Governors of States described in
subparagraph (A) or from the Western Governors Association.
``(C) Two members shall be representatives of conservation
groups who have substantial experience and expertise in public
land policies.
``(D) Two members shall be representatives of industrial
concerns who have substantial experience and expertise in
public land policies.
``(E) Two members shall be representatives of scientific or
professional societies who are familiar with the concept of
ecosystem management.
``(F) Two members shall be representatives from the legal
community with recognized legal expertise in the areas of--
``(i) constitutional or land use law; and
``(ii) public land policy.
``(3) The Advisory Committee shall select a Chairman from among the
members of the Advisory Committee.
``(4) The Advisory Committee shall hold an initial meeting not
later than 30 days after the Commission holds its initial meeting
pursuant to subsection (f)(1). Subsequent meetings shall be held at the
call of the Chairman.
``(5) The Advisory Committee shall have same authorities granted to
the Commission under paragraphs (1) through (4) of subsection (h).
``(6) The members of the Advisory Committee shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Advisory
Committee.
``(l) Termination of Commission and Advisory Committee.--The
Commission and Advisory Committee shall terminate on the date that is
30 days after the Commission submits a report to the Secretary and to
Congress under subsection (e)(3).
``(m) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission or to the Advisory Committee.
``(n) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of the Interior $10,000,000 to carry out
this section.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Amendment to Table of Contents.--The table of contents at the
beginning of the Federal Land Policy and Management Act of 1976 is
amended by adding at the end of the items relating to title II the
following new items:
``Sec. 215. Authority with respect to certain withdrawals.
``Sec. 216. Ecosystem management.
``Sec. 217. Ecosystem Management Commission.''.
(b) Technical Amendment.--Before section 215 of such Act (43 U.S.C.
1723) insert the following new heading:
``authority with respect to certain withdrawals''. | Ecosystem Management Act of 1994 - Amends the Federal Land Policy and Management Act of 1976 to establish an Ecosystem Management Commission to: (1) advise the Secretary of the Interior and the Congress concerning policies relating to ecosystem management on public lands; and (2) examine opportunities for and constraints on achieving cooperative and coordinated ecosystem management strategies that provide for cooperation between the Federal Government and Indian tribes, States and political subdivisions of States, and private landowners to incorporate a multijurisdictional approach to ecosystem management.
Requires the Secretary to establish an Ecosystem Management Advisory Committee to assist the Commission. Authorizes appropriations. | {"src": "billsum_train", "title": "Ecosystem Management Act of 1994"} | 3,140 | 135 | 0.55978 | 1.369574 | 0.588688 | 5.391304 | 26.121739 | 0.973913 |
SECTION 1. REDUCTION OF MAXIMUM CAPITAL GAINS RATES.
(a) Taxpayers Other Than Corporations.--Section 1(h) 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, the tax imposed by this section for such
taxable year shall not exceed the sum of--
``(A) a tax computed on taxable income reduced by
the net capital gain, at the rates and in the manner as
if this subsection had not been enacted, plus
``(B) 7 percent of so much of the taxpayer's 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, plus
``(C) 14 percent of the amount of taxable income in
excess of the sum of the amounts on which a tax is
determined under subparagraphs (A) and (B).
``(2) 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 elects to take
into account as investment income for the taxable year under
section 163(d)(4)(B)(iii).''.
(b) Reduction of Alternative Capital Gain Tax for Corporations.--
Section 1201 of the Internal Revenue Code of 1986 (relating to
alternative tax for corporations) is amended to read as follows:
``SEC. 1201. ALTERNATIVE TAX FOR CORPORATIONS.
``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by sections 11, 511,
and 831 (a) and (b) (whichever is applicable), there is hereby imposed
a tax (if such tax is less than the tax imposed by such sections) which
shall consist of the sum of--
``(1) a tax computed on the taxable income reduced by the
amount of the net capital gain, at the rates and in the manner
as if this subsection had not been enacted, plus
``(2) a tax of 14 percent of the net capital gain (or, if
less, taxable income).
``(b) Transitional Rule.--
``(1) In general.--In the case of a taxable year which
includes January 1, 1999, 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 December 31, 1998.
``(2) Special rules for pass-thru entities.--
``(A) In general.--In applying paragraph (1) with
respect to any pass-thru entity, the determination of
when gains and losses are properly taken into account
shall be made at the entity level.
``(B) Pass-thru entity defined.--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.
``(c) Cross References.--
``For computation of the alternative
tax--
``(1) in the case of life insurance
companies, see section 801(a)(2),
``(2) in the case of regulated
investment companies and their shareholders, see section 852(b)(3) (A)
and (D), and
``(3) in the case of real estate
investment trusts, see section 857(b)(3)(A).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 1998.
SEC. 2. INDEXING OF CERTAIN ASSETS 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 CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Except
as provided in paragraph (2), if an indexed asset which has
been held for more than 1 year is sold or otherwise disposed
of, then, for purposes of this title, the indexed basis of the
asset shall be substituted for its adjusted basis.
``(2) Exception for depreciation, etc.--The deduction for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(b) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) stock in a corporation, and
``(B) tangible property (or any interest therein),
which is a capital asset or property used in the trade
or business (as defined in section 1231(b)).
``(2) Certain property excluded.--For purposes of this
section, the term `indexed asset' does not include--
``(A) Creditor's interest.--Any interest in
property which is in the nature of a creditor's
interest.
``(B) Options.--Any option or other right to
acquire an interest in property.
``(C) Net lease property.--In the case of a lessor,
net lease property (within the meaning of subsection
(h)(1)).
``(D) Certain preferred stock.--Stock which is
preferred as to dividends and does not participate in
corporate growth to any significant extent.
``(E) Stock in certain corporations.--Stock in--
``(i) an S corporation (within the meaning
of section 1361),
``(ii) a personal holding company (as
defined in section 542), and
``(iii) a foreign corporation.
``(3) Exception for stock in foreign corporation which is
regularly traded on national or regional exchange.--Clause
(iii) of paragraph (2)(E) shall not apply to stock in a foreign
corporation the stock of which is listed on the New York Stock
Exchange, the American Stock Exchange, or any domestic regional
exchange for which quotations are published on a regular basis
other than--
``(A) stock of a foreign investment company (within
the meaning of section 1246(b)), and
``(B) stock in a foreign corporation held by a
United States person who meets the requirements of
section 1248(a)(2).
``(c) Indexed Basis.--For purposes of this section--
``(1) General rule.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, increased by
``(B) the applicable inflation adjustment.
``(2) Applicable inflation adjustment.--The applicable
inflation adjustment for any asset is an amount equal to--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the percentage (if any) by which--
``(i) the chain-type price index for GDP
for the last calendar quarter ending before the
asset is disposed of, exceeds
``(ii) the chain-type price index for GDP
for the last calendar quarter ending before the
asset was acquired by the taxpayer.
The percentage under subparagraph (B) shall be rounded to the
nearest \1/10\ of 1 percentage point.
``(3) Chain-type price index for GDP.--The chain-type price
index for GDP for any calendar quarter is such index for such
quarter (as shown in the last revision thereof released by the
Secretary of Commerce before the close of the following
calendar quarter).
``(d) Special Rules.--For purposes of this section--
``(1) Treatment as separate asset.--In the case of any
asset, the following shall be treated as a separate asset:
``(A) a substantial improvement to property,
``(B) in the case of stock of a corporation, a
substantial contribution to capital, and
``(C) any other portion of an asset to the extent
that separate treatment of such portion is appropriate
to carry out the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--
``(A) In general.--The applicable inflation ratio
shall be appropriately reduced for calendar months at
any time during which the asset was not an indexed
asset.
``(B) Certain short sales.--For purposes of
applying subparagraph (A), an asset shall be treated as
not an indexed asset for any short sale period during
which the taxpayer or the taxpayer's spouse sells short
property substantially identical to the asset. For
purposes of the preceding sentence, the short sale
period begins on the day after the substantially
identical property is sold and ends on the closing date
for the sale.
``(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) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) 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)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(6) Collapsible corporations.--The application of section
341(a) (relating to collapsible corporations) shall be
determined without regard to this section.
``(e) Certain Conduit Entities.--
``(1) Regulated investment companies; real estate
investment trusts; common trust funds.--
``(A) In general.--Stock in a qualified investment
entity shall be an indexed asset for any calendar month
in the same ratio as the fair market value of the
assets held by such entity at the close of such month
which are indexed assets 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.
``(E) Qualified investment entity.--For purposes of
this paragraph, the term `qualified investment entity'
means--
``(i) a regulated investment company
(within the meaning of section 851),
``(ii) a real estate investment trust
(within the meaning of section 856), and
``(iii) a common trust fund (within the
meaning of section 584).
``(2) Partnerships.--In the case of a partnership, the
adjustment made under subsection (a) at the partnership level
shall be passed through to the partners.
``(3) Subchapter s corporations.--In the case of an
electing small business corporation, the adjustment under
subsection (a) at the corporate level shall be passed through
to the shareholders.
``(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 or Depreciation
Allowance.--If any person transfers cash, debt, or any other property
to another person and the principal purpose of such transfer is--
``(1) to secure or increase an adjustment under subsection
(a), or
``(2) to increase (by reason of an adjustment under
subsection (a)) a deduction for depreciation, depletion, or
amortization,
the Secretary may disallow part or all of such adjustment or increase.
``(h) Definitions.--For purposes of this section--
``(1) Net lease property defined.--The term `net lease
property' means leased real property where--
``(A) the term of the lease (taking into account
options to renew) was 50 percent or more of the useful
life of the property, and
``(B) for the period of the lease, the sum of the
deductions with respect to such property which are
allowable to the lessor solely by reason of section 162
(other than rents and reimbursed amounts with respect
to such property) is 15 percent or less of the rental
income produced by such property.
``(2) Stock includes interest in common trust fund.--The
term `stock in a corporation' includes any interest in a common
trust fund (as defined in section 584(a)).
``(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 such chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 1021 the
following new item:
``Sec. 1022. Indexing of certain assets
for purposes of determining
gain or loss.''
(c) Adjustment To Apply for Purposes of Determining Earnings and
Profits.--Subsection (f) of section 312 of the Internal Revenue Code of
1986 (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 certain assets after
December 31, 1998, see section 1022(a)(1).''
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to the disposition of any property the holding period of
which begins after December 31, 1998.
(2) Certain transactions between related persons.--The
amendments made by this section shall not apply to the
disposition of any property acquired after December 31, 1998,
from a related person (as defined in section 1022(f)(2) of the
Internal Revenue Code of 1986, as added by this section) if--
(A) such property was so acquired for a price less
than the property's fair market value, and
(B) the amendments made by this section did not
apply to such property in the hands of such related
person.
SEC. 3. REPEAL OF CERTAIN FEDERAL TRANSFER TAXES.
(a) In General.--Subtitle B of the Internal Revenue Code of 1986 is
repealed.
(b) Effective Date.--The repeal made by subsection (a) shall apply
to the estates of decedents dying, and gifts and generation-skipping
transfers made, after the date of enactment of this Act.
(c) Technical and Conforming Changes.--The Secretary of the
Treasury or the Secretary's delegate shall, as soon as practicable but
in any event not later than 90 days after the date of enactment of this
Act, submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a draft of
any technical and conforming changes in the Internal Revenue Code of
1986 which are necessary to reflect throughout such Code the changes in
the substantive provisions of law made by this Act. | Amends the Internal Revenue Code to revise capital gains rates for corporate and noncorporate taxpayers.
(Sec. 2) Substitutes the indexed basis (inflation-increased adjusted basis) for the adjusted basis with respect to gain and loss of disposed indexed assets (corporate stock and tangible capital assets or business property) held for more than one year. Sets forth related provisions with respect to: (1) certain conduit entities; (2) related party dispositions; and (3) transfers to increase indexing adjustment or depreciation allowance.
(Sec. 3) Repeals certain Federal transfer taxes with respect to the estates of persons dying, and gifts and generation-skipping transfers made, after enactment of this Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to reduce the maximum capital gains rates, to index capital assets for inflation, and to repeal the Federal estate and gift taxes and the tax on generation-skipping transfers."} | 3,922 | 161 | 0.40695 | 1.016353 | 0.687773 | 2.781022 | 26.080292 | 0.912409 |
SECTION 1. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) District.--The term ``District'' means the Fallbrook
Public Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, watershed management, and maintenance of which is
authorized under section 2.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, unless otherwise stated.
SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA RIVER
PROJECT.
(a) Authorization.--The Secretary, acting pursuant to the Federal
reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts
amendatory thereof or supplementary thereto, as far as those laws are
not inconsistent with the provisions of this Act, is authorized to
construct, operate, and maintain the Project substantially in
accordance with the final feasibility report and this Act.
(b) Conditions.--The Secretary may construct the Project only after
the Secretary determines that the following conditions have occurred:
(1) The District has entered into a contract under section
9(d) of the Reclamation Project Act of 1939 to repay to the
United States appropriate portions, as determined by the
Secretary, of the actual costs of constructing, operating, and
maintaining the Project, together with interest as hereinafter
provided.
(2) The officer or agency of the State of California
authorized by law to grant permits for the appropriation of
water has granted such permits to the Bureau of Reclamation for
the benefit of the Department of the Navy and the District as
permittees for rights to the use of water for storage and
diversion as provided in this Act, including approval of all
requisite changes in points of diversion and storage, and
purposes and places of use.
(3) The District has agreed that it will not assert against
the United States any prior appropriative right the District
may have to water in excess of the quantity deliverable to it
under this Act, and will share in the use of the waters
impounded by the Project on the basis of equal priority and in
accordance with the ratio prescribed in section 4(b). This
agreement and waiver and the changes in points of diversion and
storage under paragraph (2), shall become effective and binding
only when the Project has been completed and put into
operation.
(4) The Secretary has determined that the Project has
economic, environmental, and engineering feasibility.
SEC. 3. COSTS.
The Department of the Navy shall not be responsible for any costs
in connection with the Project, except upon completion and then shall
be charged in reasonable proportion to its use of the Project under
regulations agreed upon by the Secretary of the Navy and Secretary of
the Interior.
SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.
(a) Operation.--The operation of the Project, subject to a
memorandum of agreement between the Secretary, the Navy, and the
District and under regulations satisfactory to the Secretary of the
Navy with respect to the Navy's share of the project, may be by the
Secretary, the District, or a third party consistent with section 6.
(b) Yield Allotment.--Except as otherwise agreed between the
parties, the Department of the Navy and the District shall participate
in the Project yield on the basis of equal priority and in accordance
with the following ratio:
(1) 60 percent of the Project's yield is allotted to the
Secretary of the Navy.
(2) 40 percent of the Project's yield is allotted to the
District.
(c) Contracts for Delivery of Excess Water.--
(1) Excess water available to other persons.--If the
Secretary of the Navy certifies to the official agreed upon to
administer the Project that the Department of the Navy does not
have immediate need for any portion of the 60 percent of the
Project's yield allotted to the Secretary of the Navy under
subsection (b), the official may enter into temporary contracts
for the sale and delivery of the excess water.
(2) First right for excess water.--The first right to
excess water to be made available under paragraph (1) shall be
given the District, if otherwise consistent with the laws of
the State of California.
(3) Condition of contracts.--Each contract entered into
under paragraph (1) for the sale and delivery of excess water
shall include a condition that the Secretary of the Navy has
the right to demand that water, without charge and without
obligation on the part of the United States, after 30 days
notice.
(4) Modification of rights and obligations related to water
yield.--The rights and obligations of the United States and the
District regarding the ratio or amounts of Project yield
delivered may be modified by an agreement between the parties.
(d) Consideration.--
(1) Deposit of funds.--Moneys paid to the United States
under a contract entered into under subsection (c) shall be
deposited in the special account established for the Department
of the Navy under paragraph (1) of section 2667(d) of title 10,
United States Code, and shall be available for the purposes
specified in subparagraph (C) of such paragraph. Subparagraph
(D) of such paragraph shall not apply to moneys deposited in
the special account pursuant to this subsection.
(2) In-kind consideration.--In lieu of monetary
consideration under paragraph (1), or in addition to such
consideration, the Secretary of the Navy may accept in-kind
consideration in a form and quantity that is acceptable to the
Secretary of the Navy, including the following forms of in-kind
consideration:
(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the
Department of the Navy.
(B) Construction of new facilities for the
Department of the Navy.
(C) Provision of facilities for use by the
Department of the Navy.
(D) Facilities operation support for the Department
of the Navy.
(E) Provision of such other services as the
Secretary of the Navy considers appropriate.
(3) Relation to other laws.--Sections 2662 and 2802 of
title 10, United States Code, shall not apply to any new
facilities whose construction is accepted as in-kind
consideration under this subsection.
(4) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract to be
entered into under subsection (c) has a value in excess of
$500,000, the contract may not be entered into until the
earlier of the following:
(A) The end of the 30-day period beginning on the
date on which a report describing the contract and the
form and quantity of the in-kind consideration is
submitted by the Secretary of the Navy to the Committee
on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives.
(B) The end of the 14-day period beginning on the
date on which a copy of the report referred to in
subparagraph (A) is provided in an electronic medium
pursuant to section 480 of title 10, United States
Code.
SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT.
(a) In General.--The general repayment obligation of the District
shall be determined by the Secretary of the Interior consistent with
the Water Supply Act of 1958; provided, however, that for the purposes
of calculating interest and determining the time when the District's
repayment obligation to the United States commences, the pumping and
treatment of groundwater from the Project shall be deemed equivalent to
the first use of water from a water storage project. There shall be no
repayment obligation under this section for water delivered to the
District under a contract as provided in section 4(c).
(b) Modification of Rights and Obligation by Agreement.--The rights
and obligations of the United States and the District regarding the
repayment obligation of the District may be modified by an agreement
between the parties.
SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTENANCE.
The Secretary may transfer to the District, or a mutually agreed
upon third party, the care, operation, and maintenance of the Project
under conditions satisfactory to the Secretary and the District, and
with respect to the portion of the Project that is located within the
boundaries of Camp Pendleton, satisfactory also to the Secretary of the
Navy. If such a transfer takes place, the District shall be entitled to
an equitable credit for the costs associated with the Secretary's
proportionate share of the operation and maintenance of the Project.
The amount of such costs shall be applied against the indebtedness of
the District to the United States.
SEC. 7. SCOPE OF ACT.
For the purpose of this Act, the basis, measure, and limit of all
rights of the United States pertaining to the use of water shall be the
laws of the State of California. That nothing in this Act shall be
construed--
(1) as a grant or a relinquishment by the United States of
any rights to the use of water that it acquired according to
the laws of the State of California, either as a result of its
acquisition of the lands comprising Camp Joseph H. Pendleton
and adjoining naval installations, and the rights to the use of
water as a part of that acquisition, or through actual use or
prescription or both since the date of that acquisition, if
any;
(2) to create any legal obligation to store any water in
the Project, to the use of which the United States has such
rights;
(3) to constitute a recognition of, or an admission that,
the District has any rights to the use of water in the Santa
Margarita River, which rights, if any, exist only by virtue of
the laws of the State of California; or
(4) to require the division under this Act of water to
which the United States has such rights.
SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION.
Unless otherwise agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of its acquisition of the lands
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part of
those acquisitions, or through actual use or prescription, or
both, since the date of that acquisition, if any; and
(2) shall not be administered or operated in any way which
will impair or deplete the quantities of water the use of which
the United States would be entitled under the laws of the State
of California had the Project not been built.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated, out of any money in the
Treasury of the United States not otherwise appropriated, the
following--
(1) $60,000,000 (the current estimated construction cost of
the Project, plus or minus such amounts as may be indicated by
the engineering cost indices for this type of construction);
and
(2) such sums as may be required to operate and maintain
the said project.
SEC. 10. REPORTS TO CONGRESS.
Not later than 1 year after the date of the enactment of this Act
and periodically thereafter, the Secretary and the Secretary of the
Navy shall each report to the Congress regarding if the conditions
specified in section 2(b) have been met and if so, the details of how
they were met.
SEC. 11. SUNSET.
The authority of the Secretary to complete construction of the
Project shall terminate 10 years after the date of enactment of this
Act.
Passed the House of Representatives December 13, 2005.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 2) Authorizes the Secretary of the Interior (the Secretary) to construct, operate, and maintain the Santa Margarita River Project in accordance with the final feasibility report and this Act.
Authorizes Project construction only after the Secretary determines that: (1) the Fallbrook Public Utility District, San Diego County (District), has entered into a contract to repay to the United States appropriate portions of the costs of constructing, operating, and maintaining the Project, with interest; (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District; (3) the District has agreed that it will not assert against the United States any prior right to water in excess of the quantity deliverable under this Act and will share water based on equal priority and a specified ratio; and (4) the Secretary has determined that the Project has economic, environmental, and engineering feasibility.
(Sec. 3) Shields the Department of the Navy (the Department) from responsibility for any costs in connection with the Project, except upon completion and then in reasonable proportion to its use of the Project under regulations agreed upon by the Secretary and the Secretary of the Navy.
(Sec. 4) Permits operation of the Project by the Secretary, the District, or a third party consistent with this Act.
Requires the Department and the District to participate in the Project yield on the basis of equal priority, with 60% of the Project's yield allotted to the Navy Secretary and 40% allotted to the District. Provides that if the Navy Secretary certifies that the Department does not have immediate need for its portion, the administering official may enter into temporary contracts for the sale and delivery of excess water. Allows the rights and obligations of the United States and the District regarding the ratio or amounts of Project yield delivered to be modified by agreement between the parties. Requires moneys paid to the United States under such a contract to be deposited in the special account established for the Department.
(Sec. 5) Requires the District's general repayment obligation to be determined by the Secretary consistent with the Water Supply Act of 1958. Provides that there shall be no repayment obligation for water delivered to the District under a contract for delivery of excess water.
(Sec. 6) Authorizes the Secretary to transfer to the District or a mutually agreed upon third party the care, operation, and maintenance of the Project under conditions satisfactory to the Secretary and the District (and the Navy Secretary with respect to the portion located within the boundaries of Camp Pendleton). Entitles the District, if such a transfer takes place, to an equitable credit for the costs associated with the Secretary's proportionate share of the Project's operation and maintenance.
(Sec. 7) Provides that the basis, measure, and limit of all U.S. rights pertaining to the use of water shall be California law.
(Sec. 8) Requires, unless otherwise agreed by the Navy Secretary, that the Project be operated in a manner which: (1) allows the free passage of all of the water the United States is entitled to use under California law either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations or through actual use or prescription; and (2) does not impair or deplete the quantities of water the United States would be entitled to use had the Project not been built.
(Sec. 9) Authorizes appropriations to construct, operate, and maintain the Project.
(Sec. 10) Directs the Secretary and the Navy Secretary to each report to Congress periodically regarding if and how the conditions for Project construction have been met.
(Sec. 11) Terminates the Secretary's authority to complete Project construction 10 years after this Act's enactment. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, and for other purposes."} | 2,525 | 835 | 0.746202 | 2.52206 | 0.732127 | 5.045455 | 3.266043 | 0.970588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Burma Act of 1995''.
SEC. 2. SANCTIONS AGAINST BURMA.
Except as provided in section 4, the following sanctions shall
apply to Burma, effective 90 days after the date of enactment of this
Act (or on such other date as is specified in this section):
(1) Investments.--No United States national may make any
investment in Burma.
(2) United states assistance.--United States assistance for
Burma is prohibited.
(3) Trade privileges.--The President shall continue the
suspension of special trade privileges pursuant to the
Generalized System of Preferences (GSP), and shall continue the
suspension of nondiscriminatory trade treatment (most-favored-
nation status), with respect to Burma.
(4) Importation of goods.--No article which is produced,
manufactured, grown, or extracted in Burma may be imported into
the United States.
(5) Trade and investment treaties.--The United States
should continue to suspend carrying out obligations under
bilateral trade and investment treaties with Burma.
(6) Travel restrictions.--The Secretary of State shall
prohibit the use of United States passports for travel to Burma
except for travel by United States diplomatic personnel.
(7) Diplomatic representation.--The President is urged not
to accept diplomatic representation from Burma at a level
greater than the level of diplomatic representation accorded
the United States in Burma.
(8) Foreign assistance.--The United States shall suspend
assistance under the Foreign Assistance Act of 1961 and the
Arms Export Control Act to any foreign government which sells
or otherwise transfers arms to the Government of Burma.
(9) International organizations contributions.--The United
States shall withhold from each international organization that
funds activities in Burma other than humanitarian activities an
amount equal to the United States proportionate share of that
funding.
(10) Multilateral assistance.--The Secretary of the
Treasury shall instruct the United States executive director of
each financial institution to vote against any loan or other
utilization of the funds of the respective bank to or for
Burma.
(11) Eminent persons group.--The President, acting through
the United States Permanent Representative to the United
Nations, should urge the United Nations to establish an eminent
persons group to report on compliance by the Government of
Burma with United Nations resolutions.
(12) International arms embargo.--The President, acting
through the United States Permanent Representative to the
United Nations, should urge the establishment by the United
Nations of an international arms embargo of Burma.
SEC. 3. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA.
(a) Negotiations With Trading Partners.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the President shall initiate
negotiations with all foreign countries with which the United
States trades for the purpose of entering into agreements with
the countries--
(A) to support United States sanctions against
Burma, and
(B) to cease trade with and investment in Burma.
(2) Certification of negotiations and agreements.--Not
later than 90 days after the date of the enactment of this Act,
the President shall certify to the Congress each country that--
(A) has failed to enter into an agreement described
in paragraph (1), or
(B) has entered into such an agreement but is not
enforcing it.
(3) Action by the president.--Notwithstanding any other
provision of law, if a certification is made with respect to
any country under paragraph (2) the President shall withdraw--
(A) any designation of such country--
(i) as a beneficiary developing country for
purposes of title V of the Trade Act of 1974
(19 U.S.C. 2461 et seq.),
(ii) as a beneficiary country for purposes
of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2701 et seq.), or
(iii) as a beneficiary country for purposes
of the Andean Trade Preference Act (19 U.S.C.
3201 et seq.),
(B) from such countries the benefits of any other
special tariff treatment program under which the
special rates of duty apply under column 1 of the
Harmonized Tariff Schedule of the United States, and
(C) most-favored-nation trade treatment with
respect to any such country.
(b) Applicability.--
(1) In general.--The provisions of this section apply to
goods entered, or withdrawn from warehouse for consumption,
originating in or imported from a country with respect to which
an action described in subsection (a)(3) has been taken, during
the period beginning on the date that is 15 days after the date
of the certification described in subsection (a)(2) and ending
on the date that is 15 days after the earlier of--
(A) the date the President certifies to the
Congress that such country has entered into an
agreement described in subsection (a)(1) and is
enforcing the agreement, or
(B) the date a certification described in section 4
is made.
(2) Rate of duty during period designation is withdrawn.--
During the period described in paragraph (1), goods entered, or
withdrawn from warehouse for consumption, originating in or
imported from a country described in subsection (a)(3) shall be
subject to duty at the rates of duty specified for such goods
under column 2 of the Harmonized Tariff Schedule of the United
States.
SEC. 4. CERTIFICATION.
The sanctions of section 2 shall not apply upon the determination
and certification by the President to the appropriate congressional
committees that the following conditions are met:
(1) The Government of Burma has unconditionally released
all political prisoners, including Aung San Suu Kyi.
(2) The Government of Burma has fully implemented the
results of the 1990 elections in Burma, including the transfer
of power to civilian authority, the protection of basic human
rights, and guaranteeing the right of Burmese citizens to
participate freely in the political process, assuring freedom
of speech and the right of association and assembly.
(3) The Government of Burma has implemented an effective
counternarcotics effort.
SEC. 5. SANCTIONS AGAINST THE PEOPLE'S REPUBLIC OF CHINA.
The Secretary of the Treasury shall instruct the United States
executive director of each multilateral financial institution to vote
against any loan or other utilization of the facilities of the
respective institution to or for the People's Republic of China until
the President determines and certifies to the appropriate congressional
committees that the People's Republic of China has terminated arms
sales and other arms transfers to Burma.
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF THAILAND.
The President shall withhold all United States assistance to the
Government of Thailand until the President determines and certifies to
the appropriate congressional committees that the Government of
Thailand is fully cooperating in providing support and relief for
Burmese exiles and refugees.
SEC. 7. REPORT.
Not later than 45 days after the date of enactment of this Act, the
President shall submit a report to the appropriate congressional
committees on--
(1) the chemical and biological weapons capability of
Burma;
(2) a plan to provide United States assistance in support
of the democracy movement active inside Burma;
(3) the treatment by the Government of Thailand of Burmese
students, refugees, and exiles resident in Thailand; and
(4) the status of arms sales and other arms transfers to
the Government of Burma, including the amount of expenditures
by the Government of Burma in the acquisition of arms.
SEC. 8. DEFINITIONS.
As used in this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee on
International Relations of the House of Representatives.
(2) Investment.--The term ``investment'' includes any
contribution or commitment of funds, commodities, services,
patents, processes, or techniques, in the form of--
(A) a loan or loans;
(B) the purchase of a share of ownership;
(C) participation in royalties, earnings, or
profits; and
(D) the furnishing of commodities or services
pursuant to a lease or other contract.
(3) Humanitarian activities.--The term ``humanitarian
activities'' means the provision of food, medicine, medical
supplies, or clothing and does not include cash transfers.
(4) Financial institutions.--The term ``financial
institutions'' includes the International Bank for
Reconstruction and Development, the International Development
Association, the Asian Development Bank, and the International
Monetary Fund.
(5) United states assistance.--The term ``United States
assistance'' means assistance of any kind which is provided by
grant, sale, loan, lease, credit, guaranty, or insurance, or by
any other means, by any agency or instrumentality of the United
States Government to any foreign country, including--
(A) assistance under the Foreign Assistance Act of
1961 (including programs under title IV of chapter 2 of
part I of the Act);
(B) sales, credits, and guaranties under the Arms
Export Control Act (22 U.S.C. 2751 et seq.);
(C) sales under title I (7 U.S.C.A. 1701 et seq.)
or III (17 U.S.C.A. 1727 et seq.) and donations under
title II (17 U.S.C.A. 1721 et seq.) of the Agricultural
Trade Development and Assistance Act of 1954 of nonfood
commodities;
(D) other financing programs of the Commodity
Credit Corporation for export sales of nonfood
commodities; and
(E) financing under the Export-Import Bank Act of
1945 (12 U.S.C.A. 635 et seq.). | Free Burma Act of 1995 - Imposes specified sanctions against Burma, unless the President certifies to appropriate congressional committees that Burma has: (1) unconditionally released all political prisoners, including Aung San Suu Kyi; (2) implemented the results of the 1990 elections, including the transfer of power to civilian authority and the protection of basic human rights; and (3) implemented an effective counternarcotics effort.
(Sec. 3) Directs the President to initiate negotiations with foreign countries the United States trades with for the purpose of entering into agreements to: (1) support U.S. sanctions against Burma; and (2) cease trade with and investment in Burma.
Directs the President, if he certifies to the Congress that a country has failed to enter into an agreement, or has entered into an agreement but is not enforcing it, to withdraw: (1) any designation of such country as a beneficiary developing country or beneficiary country under specified Acts; (2) special duty rate status under column one of the Harmonized Tariff Schedule of the United States; and (3) most-favored-nation treatment status.
(Sec. 5) Requires the Secretary of the Treasury to instruct the U.S. executive director of each multilateral financial institution to vote against any loan for China until the President certifies to the appropriate congressional committees it has terminated arms sales and other arms transfers to Burma.
(Sec. 6) Directs the President to withhold all U.S. assistance to Thailand until he certifies to the appropriate congressional committees that it is cooperating in providing support and relief for Burmese exiles and refugees.
(Sec. 7) Requires the President to report to the appropriate congressional committees on: (1) the chemical and biological weapons capability of Burma; (2) a plan to provide U.S. assistance in support of the democracy movement in Burma; (3) the treatment by Thailand of Burmese students, refugees, and exiles resident there; and (4) the status of arms sales and other arms transfers to Burma, including the amount of expenditures by it in the acquisition of arms. | {"src": "billsum_train", "title": "Free Burma Act of 1995"} | 2,192 | 468 | 0.648997 | 2.148972 | 0.686385 | 4.382716 | 4.846914 | 0.945679 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Nuclear Safety Board Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that there is a great need for--
(1) vigorous investigation of events at facilities, or
involving materials, licensed or otherwise regulated by the
Nuclear Regulatory Commission that could adversely affect
public health or safety; and
(2) continual review and assessment of licensing and other
regulatory practices of the Nuclear Regulatory Commission,
which may result in conclusions critical of the Nuclear
Regulatory Commission or officials of the Commission.
(b) Purpose.--The purpose of this Act is to establish an
Independent Nuclear Safety Board which shall promote nuclear safety
by--
(1) conducting independent investigations of events at
facilities, or involving materials, licensed or otherwise
regulated by the Nuclear Regulatory Commission that could
adversely affect public health or safety;
(2) reviewing and assessing the licensing and other
regulatory practices of the Nuclear Regulatory Commission;
(3) recommending to the Nuclear Regulatory Commission
improvements in licensing and related regulatory practices; and
(4) informing Congress of findings and recommendations of
the Board that result from the investigations referred to in
paragraph (1).
SEC. 3. ESTABLISHMENT OF NUCLEAR SAFETY BOARD.
Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841
et seq.) is amended by adding at the end the following new section:
``SEC. 212. INDEPENDENT NUCLEAR SAFETY BOARD.
``(a) Establishment.--There is established a board to be known as
the `Independent Nuclear Safety Board' (referred to in this section as
the `Board').
``(b) Membership.--
``(1) In general.--The Board shall be composed of 3 members
appointed by the President, by and with the advice and consent
of the Senate, from among respected experts in the field of
commercial nuclear energy with a demonstrated competence and
knowledge relevant to the independent investigative and
prescriptive functions of the Board. Not more than 2 members of
the Board shall be members of the same political party. Not
later than 90 days after the date of enactment of this section,
the President shall submit the nominations for appointment to
the Board.
``(2) Vacancies.--Any vacancy in the membership of the
Board shall be filled in the same manner in which the original
appointment was made.
``(3) Financial interests.--No member of the Board shall--
``(A) have any significant financial relationship
in any firm, company, corporation, or other business
entity that is engaged in an activity regulated by the
Nuclear Regulatory Commission (referred to in this
section as the `Commission') as a licensee or
contractor; or
``(B) have had such a relationship within the 2-
year period preceding the appointment of the member.
``(c) Chairperson.--
``(1) In general.--The Chairperson and Vice Chairperson of
the Board shall be designated by the President. The Chairperson
and Vice Chairperson may be reappointed.
``(2) Functions.--
``(A) In general.--The Chairperson shall be the
chief executive officer of the Board and shall, subject
to such policies as the Board may establish, exercise
the functions of the Board with respect to--
``(i) the appointment and supervision of
personnel employed by the Board;
``(ii) the organization of any
administrative units established by the Board;
and
``(iii) the use and expenditure of funds.
``(B) Delegation.--The Chairperson may delegate any
of the functions under this paragraph to any other
member of the Board or to any appropriate employee or
officer of the Board.
``(3) Vice chairperson.--The Vice Chairperson shall act as
Chairperson in the case of the absence or incapacity of the
Chairperson or in the case of a vacancy in the office of
Chairperson.
``(d) Terms of Members.--
``(1) In general.--Except as provided in paragraph (2),
each member of the Board shall serve for a term of 6 years. A
member of the Board may be reappointed.
``(2) Initial members.--Of the members first appointed to
the Board--
``(A) 1 member shall be appointed for a term of 2
years;
``(B) 1 member shall be appointed for a term of 4
years; and
``(C) 1 member shall be appointed for a term of 6
years;
as designated by the President at the time of appointment.
``(3) Special terms.--Any member appointed to fill a
vacancy occurring before the expiration of the term of office
for which the predecessor of the member was appointed shall be
appointed only for the remainder of the term. A member may
serve after the expiration of the term of the member until a
successor has taken office.
``(4) Removal.--Any member of the Board may be removed by
the President for inefficiency, neglect of duty, or malfeasance
in office.
``(e) Quorum.--Two members of the Board shall constitute a quorum,
but a lesser number may hold hearings.
``(f) Functions and Authorities.--
``(1) Investigations.--
``(A) In general.--
``(i) Investigations by board.--The Board
shall investigate any event at any facility, or
involving any material, licensed or otherwise
regulated by the Commission, that the Board
determines to be significant because the event
could--
``(I) adversely affect public
health or safety; or
``(II) be the precursor of an event
that could adversely affect public
health or safety.
``(ii) Investigations by commission.--The
Board may request the Commission to carry out
an investigation of an event described in
clause (i) and to report the findings of the
Commission to the Board in a timely fashion.
Whenever the Commission concludes such an
investigation, the Board may analyze the
findings of the Commission for the purpose of
making its own conclusions and recommendations.
``(B) Purpose of investigations.--The purpose of a
Board investigation of an event under this paragraph
shall be--
``(i) to ascertain information concerning
the circumstances of the event, and the
implications of the event for public health and
safety;
``(ii) to determine whether the event is
part of a pattern of similar events at 1 or
more facilities, or involving any material,
licensed or otherwise regulated by the
Commission that could--
``(I) adversely affect public
health or safety; or
``(II) be the precursor of an event
that could adversely affect public
health or safety; and
``(iii) to provide such recommendations to
the Commission for changes in licensing, safety
regulations and requirements, and other
regulatory policy as may be prudent or
necessary.
``(2) Analysis of operational data.--For purposes of
carrying out this section, the Board shall have access to and
may systematically analyze--
``(A) operational data from any facility, or
involving any material, licensed or otherwise regulated
by the Commission to determine whether there exist
certain patterns of events that indicate safety
problems; and
``(B) operational data of the Commission including
personnel and files.
``(3) Special studies.--The Board may conduct special
studies pertaining to nuclear safety at any facility, or
involving any material, licensed or otherwise regulated by the
Commission.
``(4) Evaluation of suggestions.--The Board may evaluate
suggestions received from the scientific and industrial
communities, and from the interested public, on specific
measures to improve safety at any facility, or involving any
material, licensed or otherwise regulated by the Commission.
``(5) Recommendations to commission.--
``(A) In general.--The Board shall recommend to the
Commission specific measures that should be adopted to
minimize the likelihood that events will occur at any
facility, or involving any material, licensed or
otherwise regulated by the Commission, that could
adversely affect public health or safety. The
Commission shall respond in writing to the
recommendations of the Board not later than 120 days
after receipt of the recommendations. The written
response shall detail specific measures adopted by the
Commission in response to the recommendations, and
explanations for the inaction of the Commission on
recommendations the Commission chose to reject.
``(B) Submission to congress.--The recommendations
of the Board made pursuant to subparagraph (A) shall be
submitted to Congress.
``(6) Reporting requirements.--
``(A) In general.--For purposes of investigations,
the Board shall establish reporting requirements that
shall be binding on--
``(i) any person who operates, designs,
supplies, maintains, or is otherwise involved
with the operation or construction of, a
facility licensed or otherwise regulated by the
Commission; and
``(ii) any person who processes, stores,
transports, uses, or possesses a material
licensed or otherwise regulated by the
Commission.
``(B) Protected material.--
``(i) Reporting.--The information that the
Board may require to be reported under this
paragraph may include any material designated
as classified material pursuant to the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.), or
any information designated as safeguards
information and protected from disclosure under
section 147 of such Act (42 U.S.C. 2167).
``(ii) Public access.--Information received
by the Board shall be made available to the
public in accordance with the applicable
provisions of subsections (a) and (b) of
section 306 of the Independent Safety Board Act
of 1974 (49 U.S.C. App. 1905).
``(7) Hearings.--
``(A) In general.--The Board or, on the
authorization of the Board, any member of the Board,
may, for the purpose of carrying out this section, hold
such hearings and sit and act at such times and places,
administer such oaths, and require, by subpoena or
otherwise, the attendance and testimony of such
witnesses and the production of such evidence as the
Board or the authorized member determines advisable.
``(B) Subpoenas.--
``(i) In general.--A subpoena may be issued
only under the signature of the Chairperson, or
any member of the Board designated by the
Chairperson, and shall be served by any person
designated by the Chairperson or the member.
The attendance of witnesses and the production
of evidence may be required from any place in
the United States at any designated place of
hearing in the United States.
``(ii) Oaths.--Any member of the Board may
administer an oath or affirmation to a witness
appearing before the Board.
``(iii) Enforcement.--Any person who
willfully neglects or refuses to qualify as a
witness, or to testify, or to produce any
evidence in obedience to any subpoena duly
issued under the authority of this paragraph,
shall be fined not more than $5,000, or
imprisoned for not more than 180 days, or both.
Upon certification by the Chairperson of the
Board of the facts concerning any willful
disobedience by any person to the United States
attorney for any judicial district in which the
person resides or is found, the attorney may
proceed by information for the prosecution of
the person for the offense.
``(8) Reports.--
``(A) In general.--The Board shall issue periodic
reports that shall be made available to Congress, and
to Federal, State, and local government agencies
concerned with safety at a facility, or involving any
material, licensed or otherwise regulated by the
Commission. The reports shall be made available to
other interested persons on request.
``(B) Contents.--Each report shall contain--
``(i) the major findings of the Board
investigations; and
``(ii) recommendations of--
``(I) specific measures to reduce
the likelihood of a recurrence of
nuclear events similar to events
investigated by the Board; and
``(II) corrective steps implemented
or required by the Commission to
enhance or improve safety conditions at
facilities investigated by the Board
and other facilities as considered
appropriate by the Board.
``(9) Staff and consultants.--In accordance with the civil
service laws and regulations, the Chairperson of the Board may
hire staff and employ consultants for the purpose of carrying
out the functions and duties of the Board under this
subsection.
``(10) Events.--As used in this subsection, the term
`event' includes an action or failure to act by any person,
including the Commission as an organization and the staff of
the Commission, or a continuing series of actions or failures
to act by any such person, including operational failures, that
the Board determines have a potentially adverse effect on
public health or safety as described in paragraph (1).
``(g) Transfer of Functions.--There are transferred to the Board--
``(1) all functions of the Office for Analysis and
Evaluation of Operational Data of the Commission relating to
the functions of the Board described in subsection (f); and
``(2) such personnel from the Office for Analysis and
Evaluation of Operational Data as the Director of the Office of
Management and Budget determines are necessary to carry out the
functions described in subsection (f).
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 1995 through 2000.
``(i) Termination.--The Board shall terminate on September 30,
2000.''.
S 2254 IS----2 | Independent Nuclear Safety Board Act of 1994 - Amends the Energy Reorganization Act of 1974 to establish the Independent Nuclear Safety Board. Directs the Board to: (1) investigate events under Nuclear Regulatory Commission jurisdiction which could adversely affect public health and safety; and (2) recommend to the Commission and to the Congress measures to minimize threats to public safety. Requires the Commission to respond in writing to such recommendations and to provide explanations for its inaction on recommendations it chooses to reject.
Directs the Board to issue periodic reports to the Congress and various government agencies affected by activities subject to Commission jurisdiction, recommending corrective measures to: (1) reduce the likelihood of nuclear events similar to those investigated by the Board; and (2) improve safety conditions at nuclear facilities.
Transfers to the Board all functions and necessary personnel of the Office for the Analysis and Evaluation of Operational Data which relate to the Board's functions and authorities.
Authorizes appropriations. | {"src": "billsum_train", "title": "Independent Nuclear Safety Board Act of 1994"} | 3,026 | 197 | 0.608909 | 1.565385 | 0.784771 | 2.344086 | 15.258065 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Foreign Influence Act''.
SEC. 2. PROHIBITION ON LOBBYING FOR COUNTRIES OF PARTICULAR CONCERN.
(a) Prohibition on Lobbying.--Section 207 of title 18, United
States Code, is amended by adding at the end the following new
subsection:
``(m) Additional Restrictions Relating to Countries of Particular
Concern.--
``(1) In general.--In addition to the restrictions
contained in subsection (f), any person who serves in a
position described in paragraph (2) and who, within 10 years
after leaving that position, knowingly--
``(A) represents a country of particular concern
before any Member, officer, or employee of either House
of Congress, or any officer or employee of a department
or agency of the executive branch, with the intent to
influence a decision of such officer, employee, or
Member, in his or her official capacity, or
``(B) aids or advises a country of particular
concern with the intent to influence a decision of any
Member, officer, or employee of either House of
Congress, or any officer or employee of a department or
agency of the executive branch, in his or her official
capacity,
shall be punished as provided in section 216 of this title.
``(2) Positions subject to restriction.--
``(A) In general.--The positions referred to in
paragraph (1) are the following:
``(i) The President.
``(ii) The Vice President.
``(iii) A Member of Congress.
``(iv) A covered appointee position.
``(B) Covered appointee position.--For purposes of
this paragraph, an individual serves in a `covered
appointee position' if the individual serves--
``(i) except as provided in clause (ii), in
a position in an Executive agency to which the
individual was appointed by the President, by
and with the advice and consent of the Senate;
``(ii) in a position that is held by an
active duty commissioned officer of the
uniformed services who is serving in a grade or
rank for which the pay grade (as specified in
section 201 of title 37) is pay grade O-7 or
higher; or
``(iii) in any of the following positions:
``(I) Deputy Director of National
Intelligence.
``(II) Deputy Director of the
Central Intelligence Agency.
``(III) Associate Deputy Director
of the Central Intelligence Agency.
``(IV) The Director of the National
Clandestine Service.
``(V) Chief of Station for the
Central Intelligence Agency at an
embassy or consulate of the United
States.
``(3) Definitions.--As used in this subsection--
``(A) the term `Executive agency' means an
Executive agency as defined by section 105 of title 5,
including the Executive Office of the President;
``(B) the term `Member of Congress' has the meaning
given that term in subsection (e)(9) of this section;
and
``(C) the term `country of particular concern'
means--
``(i) a country which, at any time during
the 5-year period ending on the date an
individual who serves in a position described
in paragraph (2) represents, aids, or advises
such country, is designated as a country of
particular concern for religious freedom under
section 402 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6442); and
``(ii) any entity owned or controlled, in
whole or in part, by the government of a
country described in clause (i).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any individual who, on or after the date of the enactment of
this Act, leaves a position to which section 207(m) of title 18, United
States Code (as added by subsection (a)), applies.
SEC. 3. ELIMINATION OF 20-PERCENT EXEMPTION FOR FORMER PRESIDENTS, VICE
PRESIDENTS, MEMBERS OF CONGRESS, AND OTHER EXECUTIVE
BRANCH OFFICERS ENGAGING IN LOBBYING ON BEHALF OF
COUNTRIES OF PARTICULAR CONCERN.
(a) Elimination of Exemption.--Section 3(10) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602(10)) is amended to read as
follows:
``(10) Lobbyist.--
``(A) In general.--Except as provided in
subparagraph (B), term `lobbyist' means any individual
who is employed or retained by a client for financial
or other compensation for services that include more
than one lobbying contact.
``(B) Exception.--Subparagraph (A) does not apply
to an individual with respect to a client if the
individual's lobbying activities constitute less than
20 percent of the time engaged in the services provided
by such individual to that client over a 3-month
period. The previous sentence does not apply to an
individual with respect to a client if the client is a
country of particular concern (as defined in paragraph
(3)(C) of section 207(m) of title 18, United States
Code) and the individual held a position to which
section 207(m) of title 18, United States Code,
applies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to lobbying contacts made on or after the date of
the enactment of this Act. | Stop Foreign Influence Act This bill amends the federal criminal code to impose a 10-year post-employment lobbying ban on a former President, Vice President, Member of Congress, or specified intelligence appointee who knowingly represents, or aids or advises, a country of particular concern. The term "country of particular concern" means: (1) a country designated by the Department of State to be of particular concern for religious freedom violations, and (2) any entity owned or controlled by such country. Additionally, the bill amends the Lobbying Disclosure Act of 1995 to revise the definition of "lobbyist." Currently, a lobbyist is an individual who: (1) is employed or retained by a client for compensation, (2) makes more than one lobbying contact, and (3) spends at least 20% of the time working for that client on lobbying activities. This bill broadens the definition to include, as a lobbyist, an individual who spends less than 20% of the time working for that client on lobbying activities, if the client is a country of particular concern and if the individual is a former President, Vice President, Member of Congress, or specified intelligence appointee. | {"src": "billsum_train", "title": "Stop Foreign Influence Act"} | 1,294 | 269 | 0.579298 | 1.678904 | 0.760743 | 2.13913 | 4.969565 | 0.852174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft and Assumption
Deterrence Act of 1998''.
SEC. 2. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEGISLATION.
The constitutional authority upon which this Act rests is the power
of Congress to regulate commerce with foreign nations and among the
several States, and the authority to make all laws which shall be
necessary and proper for carrying into execution the powers vested by
the Constitution in the Government of the United States or in any
department or officer thereof, as set forth in article I, section 8 of
the United States Constitution.
SEC. 3. IDENTITY THEFT.
(a) Establishment of Offense.--Section 1028(a) of title 18, United
States Code, is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by adding ``or'' at the end;
(3) in the flush matter following paragraph (6), by striking
``or attempts to do so,''; and
(4) by inserting after paragraph (6) the following:
``(7) knowingly transfers or uses, without lawful authority, a
means of identification of another person with the intent to
commit, or to aid or abet, any unlawful activity that constitutes a
violation of Federal law, or that constitutes a felony under any
applicable State or local law;''.
(b) Penalties.--Section 1028(b) of title 18, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by adding ``or'' at the end; and
(C) by adding at the end the following:
``(D) an offense under paragraph (7) of such subsection
that involves the transfer or use of 1 or more means of
identification if, as a result of the offense, any individual
committing the offense obtains anything of value aggregating
$1,000 or more during any 1-year period;'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``or transfer of an
identification document or'' and inserting ``, transfer, or use
of a means of identification, an identification document, or
a''; and
(B) in subparagraph (B), by inserting ``or (7)'' after
``(3)'';
(3) by amending paragraph (3) to read as follows:
``(3) a fine under this title or imprisonment for not more than
20 years, or both, if the offense is committed--
``(A) to facilitate a drug trafficking crime (as defined in
section 929(a)(2));
``(B) in connection with a crime of violence (as defined in
section 924(c)(3)); or
``(C) after a prior conviction under this section becomes
final;'';
(4) in paragraph (4), by striking ``and'' at the end;
(5) by redesignating paragraph (5) as paragraph (6); and
(6) by inserting after paragraph (4) the following:
``(5) in the case of any offense under subsection (a),
forfeiture to the United States of any personal property used or
intended to be used to commit the offense; and''.
(c) Circumstances.--Section 1028(c) of title 18, United States
Code, is amended by striking paragraph (3) and inserting the following:
``(3) either--
``(A) the production, transfer, possession, or use
prohibited by this section is in or affects interstate or
foreign commerce; or
``(B) the means of identification, identification document,
false identification document, or document-making implement is
transported in the mail in the course of the production,
transfer, possession, or use prohibited by this section.''.
(d) Definitions.--Subsection (d) of section 1028 of title 18,
United States Code, is amended to read as follows:
``(d) In this section--
``(1) the term `document-making implement' means any implement,
impression, electronic device, or computer hardware or software,
that is specifically configured or primarily used for making an
identification document, a false identification document, or
another document-making implement;
``(2) the term `identification document' means a document made
or issued by or under the authority of the United States
Government, a State, political subdivision of a State, a foreign
government, political subdivision of a foreign government, an
international governmental or an international quasi-governmental
organization which, when completed with information concerning a
particular individual, is of a type intended or commonly accepted
for the purpose of identification of individuals;
``(3) the term `means of identification' means any name or
number that may be used, alone or in conjunction with any other
information, to identify a specific individual, including any--
``(A) name, social security number, date of birth, official
State or government issued driver's license or identification
number, alien registration number, government passport number,
employer or taxpayer identification number;
``(B) unique biometric data, such as fingerprint, voice
print, retina or iris image, or other unique physical
representation;
``(C) unique electronic identification number, address, or
routing code; or
``(D) telecommunication identifying information or access
device (as defined in section 1029(e));
``(4) the term `personal identification card' means an
identification document issued by a State or local government
solely for the purpose of identification;
``(5) the term `produce' includes alter, authenticate, or
assemble; and
``(6) the term `State' includes any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and any
other commonwealth, possession, or territory of the United
States.''.
(e) Attempt and Conspiracy.--Section 1028 of title 18, United
States Code, is amended by adding at the end the following:
``(f) Attempt and Conspiracy.--Any person who attempts or conspires
to commit any offense under this section shall be subject to the same
penalties as those prescribed for the offense, the commission of which
was the object of the attempt or conspiracy.''.
(f) Forfeiture Procedures.--Section 1028 of title 18, United States
Code, is amended by adding at the end the following:
``(g) Forfeiture Procedures.--The forfeiture of property under this
section, including any seizure and disposition of the property and any
related judicial or administrative proceeding, shall be governed by the
provisions of section 413 (other than subsection (d) of that section)
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853).''.
(g) Rule of Construction.--Section 1028 of title 18, United States
Code, is amended by adding at the end the following:
``(h) Rule of Construction.--For purpose of subsection (a)(7), a
single identification document or false identification document that
contains 1 or more means of identification shall be construed to be 1
means of identification.''.
(h) Conforming Amendments.--Chapter 47 of title 18, United States
Code, is amended--
(1) in the heading for section 1028, by adding ``and
information'' at the end; and
(2) in the table of sections at the beginning of the chapter,
in the item relating to section 1028, by adding ``and information''
at the end.
SEC. 4. AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR OFFENSES UNDER
SECTION 1028.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing Commission
shall review and amend the Federal sentencing guidelines and the policy
statements of the Commission, as appropriate, to provide an appropriate
penalty for each offense under section 1028 of title 18, United States
Code, as amended by this Act.
(b) Factors for Consideration.--In carrying out subsection (a), the
United States Sentencing Commission shall consider, with respect to
each offense described in subsection (a)--
(1) the extent to which the number of victims (as defined in
section 3663A(a) of title 18, United States Code) involved in the
offense, including harm to reputation, inconvenience, and other
difficulties resulting from the offense, is an adequate measure for
establishing penalties under the Federal sentencing guidelines;
(2) the number of means of identification, identification
documents, or false identification documents (as those terms are
defined in section 1028(d) of title 18, United States Code, as
amended by this Act) involved in the offense, is an adequate
measure for establishing penalties under the Federal sentencing
guidelines;
(3) the extent to which the value of the loss to any individual
caused by the offense is an adequate measure for establishing
penalties under the Federal sentencing guidelines;
(4) the range of conduct covered by the offense;
(5) the extent to which sentencing enhancements within the
Federal sentencing guidelines and the court's authority to sentence
above the applicable guideline range are adequate to ensure
punishment at or near the maximum penalty for the most egregious
conduct covered by the offense;
(6) the extent to which Federal sentencing guidelines sentences
for the offense have been constrained by statutory maximum
penalties;
(7) the extent to which Federal sentencing guidelines for the
offense adequately achieve the purposes of sentencing set forth in
section 3553(a)(2) of title 18, United States Code; and
(8) any other factor that the United States Sentencing
Commission considers to be appropriate.
SEC. 5. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR
VICTIMS OF IDENTITY THEFT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Trade Commission shall establish procedures
to--
(1) log and acknowledge the receipt of complaints by
individuals who certify that they have a reasonable belief that 1
or more of their means of identification (as defined in section
1028 of title 18, United States Code, as amended by this Act) have
been assumed, stolen, or otherwise unlawfully acquired in violation
of section 1028 of title 18, United States Code, as amended by this
Act;
(2) provide informational materials to individuals described in
paragraph (1); and
(3) refer complaints described in paragraph (1) to appropriate
entities, which may include referral to--
(A) the 3 major national consumer reporting agencies; and
(B) appropriate law enforcement agencies for potential law
enforcement action.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 6. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a) Technical Correction Relating to Criminal Forfeiture
Procedures.--Section 982(b)(1) of title 18, United States Code, is
amended to read as follows: ``(1) The forfeiture of property under this
section, including any seizure and disposition of the property and any
related judicial or administrative proceeding, shall be governed by the
provisions of section 413 (other than subsection (d) of that section)
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853).''.
(b) Economic Espionage and Theft of Trade Secrets as Predicate
Offenses for Wire Interception.--Section 2516(1)(a) of title 18, United
States Code, is amended by inserting ``chapter 90 (relating to
protection of trade secrets),'' after ``to espionage),''.
SEC. 7. REDACTION OF ETHICS REPORTS FILED BY JUDICIAL OFFICERS AND
EMPLOYEES.
Section 105(b) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following new paragraph:
``(3)(A) This section does not require the immediate and
unconditional availability of reports filed by an individual described
in section 109(8) or 109(10) of this Act if a finding is made by the
Judicial Conference, in consultation with United States Marshall
Service, that revealing personal and sensitive information could
endanger that individual.
``(B) A report may be redacted pursuant to this paragraph only--
``(i) to the extent necessary to protect the individual who
filed the report; and
``(ii) for as long as the danger to such individual exists.
``(C) The Administrative Office of the United States Courts shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate an annual report with respect to the
operation of this paragraph including--
``(i) the total number of reports redacted pursuant to this
paragraph;
``(ii) the total number of individuals whose reports have been
redacted pursuant to this paragraph; and
``(iii) the types of threats against individuals whose reports
are redacted, if appropriate.
``(D) The Judicial Conference, in consultation with the Department
of Justice, shall issue regulations setting forth the circumstances
under which redaction is appropriate under this paragraph and the
procedures for redaction.
``(E) This paragraph shall expire on December 31, 2001, and apply
to filings through calendar year 2001.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.
Prescribes criminal penalties for offenses involving fraud and related activity in connection with identification documents (identity fraud) committed in connection with a crime of violence or committed after a prior conviction of such an offense. Subjects to the same penalties any person who attempts or conspires to commit such an offense.
Provides for the forfeiture to the United States of personal property used or intended to be used to commit identity fraud.
(Sec. 4) Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements of the Commission to provide an appropriate penalty for such offenses, taking into account specified factors.
(Sec. 5) Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaints to the appropriate entities, including national consumer reporting agencies and law enforcement agencies. Authorizes appropriations.
(Sec. 7) Amends the Ethics in Government Act of 1978 to specify that the Act does not require the immediate and unconditional availability of reports filed by an individual if a finding is made by the Judicial Conference that revealing personal and sensitive information could endanger that individual. Allows a report to be redacted under this provision only to the extent necessary to protect such individual and only for as long as the danger to such individual exists.
Directs: (1) the Administrative Office of the United States Courts to submit to the House and Senate Judiciary Committees an annual report regarding the operation of this section; and (2) the Judicial Conference to issue regulations setting forth the circumstances under which redaction is appropriate and the procedures for redaction.
Terminates such requirements on December 31, 2001. | {"src": "billsum_train", "title": "Identity Theft and Assumption Deterrence Act of 1998"} | 3,046 | 490 | 0.541177 | 1.635571 | 0.741437 | 4.662844 | 6.5 | 0.915138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Security Act of 2017''.
SEC. 2. STUDENT SECURITY LOAN FORGIVENESS PROGRAM.
Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)
is amended by adding at the end the following:
``(r) Student Security Loan Forgiveness Program.--
``(1) Program authorized.--Beginning not later than 180
days after the date of the enactment of the Student Security
Act of 2017, the Secretary of Education, jointly with the
Commissioner of Social Security, shall carry out a program
under which the Secretary shall issue student loan forgiveness
credits to qualified borrowers of eligible Federal Direct loans
in exchange for delayed eligibility for old-age insurance
benefits under title II of the Social Security Act (as amended
by the Student Security Act of 2017) in accordance with this
subsection.
``(2) Agreement required.--To be eligible to participate in
the program, a qualified borrower shall enter into a written
agreement with the Secretary of Education and the Commissioner
of Social Security under which the borrower--
``(A) elects to receive a specified number of
student loan forgiveness credits not greater than 73;
and
``(B) acknowledges the extent of the borrower's
delayed eligibility for old-age insurance benefits
under title II of the Social Security Act (as amended
by the Student Security Act of 2017) as a result of
receiving such credits.
``(3) Termination.--No borrower may enter into an agreement
under paragraph (2) unless such borrower was a qualified
borrower on or before the date that is 15 years after the date
of the enactment of the Student Security Act of 2017.
``(4) Combination with other forgiveness programs.--Unless
otherwise provided by law, a qualified borrower may combine
forgiveness under this subsection with other forgiveness
programs under this Act, except in no case shall the total
amount of forgiveness received by a borrower under all such
programs exceed the amount of Federal student loans owed by
such borrower.
``(5) Definitions.--In this section:
``(A) Default.--The term `default' has the meaning
given the term in section 435(l).
``(B) Eligible federal direct loan.--The term
`eligible Federal Direct loan' means any loan made
under this part, including any such loan on which the
borrower has defaulted.
``(C) Initial qualifying date.--The term `initial
qualifying date' means the date that is 24 months after
the date of the enactment of the Student Security Act
of 2017.
``(D) Qualified borrower.--The term `qualified
borrower'--
``(i) with respect to a borrower who seeks
to enter into an agreement under paragraph (2)
on or before the initial qualifying date, means
a borrower of an eligible Federal Direct loan
who is not entitled to collect old-age
insurance benefits under title II of the Social
Security Act as of the date of the agreement
under paragraph (2), including a borrower who
is a defaulted borrower; and
``(ii) with respect to a borrower who seeks
to enter into an agreement under paragraph (2)
after the initial qualifying date, means--
``(I) a borrower of an eligible
Federal Direct loan who is not entitled
to collect old-age insurance benefits
under title II of the Social Security
Act as of the date of the agreement
under paragraph (2), including a
borrower who is a defaulted borrower;
and
``(II) who was eligible for a
deferment under subsection (f)(2)(A) at
any time during the five-year period
preceding the date of the agreement
under paragraph (2).
``(E) Student loan forgiveness credit.--The term
`student loan forgiveness credit' means the
cancellation of the obligation of a qualified borrower
to repay $550 in eligible Federal Direct loans in
exchange for delayed eligibility for old-age insurance
benefits as specified in title II of the Social
Security Act (as amended by the Student Security Act of
2017).''.
SEC. 3. DELAYED ELIGIBILITY FOR OLD-AGE INSURANCE BENEFITS.
(a) Retirement Age; Early Retirement Age.--Section 216(l) of the
Social Security Act (42 U.S.C. 416(l)) is amended by adding at the end
the following:
``(4) Notwithstanding the preceding paragraphs of this subsection,
in the case of an individual who receives one or more student loan
forgiveness credits under section 455(r) of the Higher Education Act of
1965--
``(A) the retirement age with respect to such individual
shall be deemed to be--
``(i) the retirement age determined with respect to
such individual under paragraph (1); plus
``(ii) a number of additional months equal to the
number of student loan forgiveness credits received by
the individual under such section 455(r); and
``(B) the early retirement age with respect to such
individual shall be deemed to be--
``(i) the early retirement age determined with
respect to such individual under paragraph (2); plus
``(ii) a number of additional months equal to the
number of student loan forgiveness credits received by
the individual under such section 455(r).''.
(b) Delayed Retirement Credits.--Section 202(w) of the Social
Security Act (42 U.S.C. 402(w)) is amended by inserting after ``age
70'' each place it appears the following: ``(or, in the case of an
individual described in paragraph (4) of section 216(l), age 70 plus
the number of additional months determined under subparagraph (A)(ii)
of such paragraph)''.
(c) Voluntary Suspension of Benefits.--Section 202(z) of the Social
Security Act (42 U.S.C. 402(z)) is amended by inserting after ``the age
of 70'' the following: ``(or, in the case of an individual described in
paragraph (4) of section 216(l), the age of 70 plus the number of
additional months determined under subparagraph (A)(ii) of such
paragraph)''.
SEC. 4. INTERFUND BORROWING.
Section 201(l) of the Social Security Act (42 U.S.C. 401(l)) is
amended to read as follows:
``(l)(1) If at any time the Managing Trustee determines that
borrowing authorized under this subsection is necessary to pay full
benefit payments from the Federal Disability Insurance Trust Fund, the
Managing Trustee may borrow such necessary amounts from the Federal
Old-Age and Survivors Insurance Trust Fund for transfer to and deposit
in the Federal Disability Insurance Trust Fund.
``(2) In any case where a loan has been made to the Federal
Disability Insurance Trust Fund under paragraph (1), there shall be
transferred on the last day of each month after such loan is made, from
the borrowing Trust Fund to the lending Trust Fund, the total interest
accrued to such day with respect to the unrepaid balance of such loan
at a rate equal to the rate which the lending Trust Fund would earn on
the amount involved if the loan were an investment under subsection (d)
(even if such an investment would earn interest at a rate different
than the rate earned by investments redeemed by the lending Trust Fund
in order to make the loan).
``(3)(A) If in any month after a loan has been made to the Federal
Disability Insurance Trust Fund under paragraph (1), the Managing
Trustee determines that the assets of such Trust Fund are sufficient to
permit repayment of all or part of any loans made to such Fund under
paragraph (1), he shall make such repayments as he determines to be
appropriate.
``(B) The full amount of all loans made under paragraph (1)
shall be repaid at the earliest feasible date.
``(4) The Board of Trustees shall make a timely report to the
Congress of any amounts transferred (including interest payments) under
this subsection.''.
SEC. 5. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN
INDEBTEDNESS UNDER THE STUDENT SECURITY LOAN FORGIVENESS
PROGRAM.
(a) In General.--Paragraph (1) of section 108(f) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) In general.--In the case of an individual, gross
income does not include any amount which (but for this
subsection) would be includible in gross income by reason of
the discharge (in whole or in part) of any student loan if such
discharge was pursuant to--
``(A) a provision of such loan under which all or
part of the indebtedness of the individual would be
discharged if the individual worked for a certain
period of time in certain professions for any of a
broad class of employers, or
``(B) the receipt of student loan forgiveness
credits under section 455(r) of the Higher Education
Act of 1965.''.
(b) Effective Date.--The amendments made by this section shall
apply to discharges of indebtedness on or after the date of the
enactment of this Act. | Student Security Act of 2017 This bill amends the Higher Education Act of 1965 to require the Department of Education and the Social Security Administration to jointly carry out a student loan forgiveness program that will forgive Federal Direct loans in exchange for delayed eligibility for old-age insurance benefits under the Social Security Act. In addition, the bill authorizes the transfer of amounts from the Federal Old-Age and Survivors Insurance Trust Fund into the Federal Disability Insurance Trust Fund if borrowing is necessary to pay full benefit payments from the Federal Disability Insurance Trust Fund. The bill amends the Internal Revenue Code to expand the exclusion from gross income of income attributable to the discharge of student loan indebtedness to include indebtedness discharged under the program. | {"src": "billsum_train", "title": "Student Security Act of 2017"} | 2,093 | 155 | 0.552676 | 1.383285 | 0.756958 | 3.880597 | 14.022388 | 0.895522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Care for Vulnerable Older
Citizens through Workforce Advancement Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As of 2012, more than 41,000,000 Americans are age 65
or older. More than 75 percent of them suffer from chronic
conditions which require person-centered, coordinated care that
helps them to live in a home- or community-based setting. In
2012, the Government Accountability Office found that 34
percent of Americans age 60 and older reported needing
assistance performing Activities of Daily Living.
(2) Direct-care workers (referred to in this section as
``DCWs'') provide an estimated 70 to 80 percent of the paid
hands-on long-term care and personal assistance received by
elders and people with disabilities or other chronic conditions
in the United States. These workers help their clients bathe,
dress, and negotiate a host of other daily tasks. They are a
lifeline for those they serve, as well as for families and
friends struggling to provide quality care.
(3) Eldercare and disability services positions account for
nearly one-third of the 18,000,000 health care jobs in the
United States. The direct-care workforce alone accounts for
more than 4,000,000 jobs, expected to add 1,600,000 new
positions by 2020.
(4) The majority of DCWs are now employed in home- and
community-based settings, and not in institutional settings
such as nursing care facilities or hospitals. By 2020, home-
and community-based DCWs are likely to outnumber facility
workers by more than 2 to 1.
(5) A 2008 Institute of Medicine report, entitled ``Re-
tooling for an Aging America: Building the Health Care
Workforce'', called for new models of care delivery and
coordination, and dedicated a chapter to the central importance
of the direct-care workforce in a ``re-tooled'' eldercare
delivery system.
(6) An Institute of Medicine report on the future of
nursing, released in October of 2010, recommended nurses should
practice to the full extent of their education and training.
The report also states that all health care professionals
should work collaboratively in team-based models, and that the
goal should be to encourage care models that use every member
of the team to the full capacity of his or her training and
skills.
(7) The Patient Protection and Affordable Care Act (Public
Law 111-148) emphasizes the need for improving care and
lowering costs by better coordination of care and integration
of services, particularly for consumers with multiple chronic
conditions. This will require developing new models of care for
those receiving long-term services and supports.
SEC. 3. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE
DELIVERY.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.) is amended by adding at the end the following:
``SEC. 423. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE
DELIVERY.
``(a) Establishment of Demonstration Program.--
``(1) In general.--The Assistant Secretary shall carry out
a demonstration program in accordance with this section. Under
such program, the Assistant Secretary shall award grants to
eligible entities to carry out demonstration projects that
focus on care coordination and service delivery redesign for
older individuals with chronic illness or at risk of
institutional placement by--
``(A) designing and testing new models of care
coordination and service delivery that thoughtfully and
effectively deploy advanced aides to improve efficiency
and quality of care for frail older individuals; and
``(B) giving direct-care workers opportunities for
career advancement through additional training, an
expanded role, and increased compensation.
``(2) Direct-care worker.--In this section, the term
`direct-care worker' has the meaning given that term in the
2010 Standard Occupational Classifications of the Department of
Labor for Home Health Aides [31-1011], Psychiatric Aides [31-
1013], Nursing Assistants [31-1014], and Personal Care Aides
[39-9021].
``(b) Demonstration Projects.--The demonstration program shall be
composed of 6 demonstration projects, as follows:
``(1) Two demonstration projects shall focus on using the
abilities of direct-care workers to promote smooth transitions
in care and help to prevent unnecessary hospital readmissions.
Under these projects, direct-care workers shall be incorporated
as essential members of interdisciplinary care coordination
teams.
``(2) Two demonstration projects shall focus on maintaining
the health and improving the health status of those with
multiple chronic conditions and long-term care needs. Under
these projects, direct-care workers shall assist in monitoring
health status, ensuring compliance with prescribed care, and
educating and coaching the older individual involved and any
family caregivers.
``(3) Two demonstration projects shall focus on training
direct-care workers to take on deeper clinical responsibilities
related to specific diseases, including Alzheimer's and
dementia, congestive heart failure, and diabetes.
``(c) Eligible Entity.--In this section, the term `eligible entity'
means a consortium that consists of--
``(1) at least 1--
``(A) long-term care and rehabilitation facility;
or
``(B) home personal care service provider; and
``(2) at least 1--
``(A) hospital or health system;
``(B) labor organization or labor-management
partnership;
``(C) community-based aging service provider;
``(D) patient-centered medical home;
``(E) federally qualified health center;
``(F) managed care entity, including a managed
health and long-term care program;
``(G) entity that provides health services
training;
``(H) State-based public entity engaged in building
new roles and related curricula for direct-care
workers; or
``(I) any other entity that the Assistant Secretary
deems eligible based on integrated care criteria.
``(d) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Assistant Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, which shall include--
``(1) a description of the care coordination and service
delivery models of the entity, detailed on a general,
organizational, and staff level;
``(2) a description of how the demonstration project
carried out by the entity will improve care quality, including
specific objectives and anticipated outcomes that will be used
to measure success; and
``(3) a description of how the coordinated care team
approach with an enhanced role for the direct-care worker under
the demonstration project will increase efficiency and cost
effectiveness compared to past practice.
``(e) Planning Awards Under Demonstration Program.--
``(1) In general.--Each eligible entity that receives a
grant under this section shall receive a grant for planning
activities related to the demonstration project to be carried
out by the entity, including--
``(A) designing the implementation of the project;
``(B) identifying competencies and developing
curricula for the training of participating direct-care
workers;
``(C) developing training materials and processes
for other members of the interdisciplinary care team;
``(D) articulating a plan for identifying and
tracking cost savings gained from implementation of the
project and for achieving long-term financial
sustainability; and
``(E) articulating a plan for evaluating the
project.
``(2) Amount and term.--
``(A) Total amount.--The amount awarded under
paragraph (1) for all grants shall not exceed $600,000.
``(B) Term.--Activities carried out under a grant
awarded under paragraph (1) shall be completed not
later than 1 year after the grant is awarded.
``(f) Implementation Awards Under Demonstration Program.--
``(1) In general.--Each eligible entity may receive a grant
for implementation activities related to the demonstration
project to be carried out by the entity, if the Assistant
Secretary determines the entity--
``(A) has successfully carried out the activities
under the grant awarded under subsection (e);
``(B) offers a feasible plan for long-term
financial sustainability;
``(C) has constructed a meaningful model of
advancement for direct-care workers; and
``(D) aims to provide training to a sizeable number
of direct-care workers and to serve a sizeable number
of older individuals.
``(2) Use of funds.--The implementation activities
described under paragraph (1) shall include--
``(A) training of all care team members in
accordance with the design of the demonstration
project; and
``(B) evaluating the competency of all staff based
on project design.
``(3) Evaluation and report.--
``(A) Evaluation.--Each recipient of a grant under
paragraph (1), in consultation with an independent
evaluation contractor, shall evaluate--
``(i) the impact of training and deployment
of direct-care workers in advanced roles, as
described in this section, within each
participating entity on outcomes, such as
direct-care worker job satisfaction and
turnover, beneficiary and family caregiver
satisfaction with services, rate of
hospitalization of beneficiaries, and
additional measures determined by the
Secretary;
``(ii) the impact of such training and
deployment on the long-term services and
supports delivery system and resources;
``(iii) statement of the potential of the
use of direct-care workers in advanced roles to
lower cost and improve quality of care in the
Medicaid program; and
``(iv) long-term financial sustainability
of the model used under the grant and the
impact of such model on quality of care.
``(B) Reports.--Not later than 180 days after
completion of the demonstration program under this
section, each recipient of a grant under paragraph (1)
shall submit to the Secretary a report on the
implementation of activities conducted under the
demonstration project, including--
``(i) the outcomes, performance benchmarks,
lessons learned from the project;
``(ii) a statement of cost savings gained
from implementation of the project and how the
cost savings have been reinvested to improve
direct-care job quality and quality of care;
and
``(iii) results of the evaluation conducted
under subparagraph (A) with respect to such
activities, together with such recommendations
for legislation or administrative action for
expansion of the demonstration program on a
broader scale as the Secretary determines
appropriate.
``(4) Amount and term.--
``(A) Total amount.--The amount awarded under
paragraph (1) for all grants shall not exceed
$2,900,000.
``(B) Term.--Activities carried out under a grant
awarded under paragraph (1) shall be completed not
later than 3 years after the grant is awarded.''. | Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2017 This bill amends the Older Americans Act of 1965 to direct the Administration on Aging to award grants for eligible consortia of health care providers and facilities to carry out six separate demonstration projects that focus on care coordination and service delivery for older individuals who have chronic illness or are at risk of institutional placement. Specifically, demonstration projects shall focus on: (1) using the abilities of direct-care workers to promote smooth transitions in care and help prevent unnecessary hospital readmissions, (2) maintaining and improving the health status of those with multiple chronic conditions and long-term needs, and (3) training direct-care workers to take on deeper clinical responsibilities. | {"src": "billsum_train", "title": "Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2017"} | 2,362 | 164 | 0.426863 | 1.303102 | 0.66261 | 4.613139 | 16.992701 | 0.919708 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solar and Water-Efficient Homes Act
of 2015''.
SEC. 2. MODIFICATION TO PREMIUM CHARGES ON FINANCING CERTAIN
ALTERATIONS, REPAIRS, AND IMPROVEMENTS TO, OR CONVERSIONS
OF, EXISTING STRUCTURES.
Subsection (f) of section 2 of the National Housing Act (12 U.S.C.
1703(f)) is amended--
(1) in paragraph (1), by striking ``1 per centum per annum
of the net proceeds of such loan, advance of credit, or
purchase, for the term of such obligation'' and inserting ``1.5
per centum per year of the remaining insured principal balance
(excluding the portion of such balance attributable to the
premium that may be collected under paragraph (3) and without
taking into account delinquent payments or prepayments)'';
(2) by inserting at the end the following new paragraphs:
``(3) Upfront premium charge for financing alterations,
repairs, improvements, or conversions.--In addition to the
annual premium collected under paragraph (1), in the case of a
loan, advance of credit, or purchase in connection with
insurance granted under subparagraph (A)(i) or subparagraph (B)
of subsection (b)(1), the Secretary may, at the time of the
making of the loan, advance of credit, or purchase, charge a
single premium payment in an amount not to exceed 2.75 percent
of the amount of the original insured principal obligation.
Such premium charge shall be payable in advance by the
financial institution in such manner as may be prescribed by
the Secretary.
``(4) Increase in premium charge limitations for financing
alterations, repairs, and improvements, or conversions.--The
Secretary may increase the limitations on premium payments to
percentages greater than those set forth in paragraphs (1) and
(3), but only if necessary, and not in excess of the minimum
increase necessary (as determined based upon risk to the
Federal Government under existing underwriting requirements) to
maintain a negative credit subsidy for insurance of loans,
advances of credit, or purchases under subparagraph (A)(i) or
subparagraph (B) of subsection (b)(1).''.
SEC. 3. MODIFICATION TO CERTAIN INSURANCE CAPS AND LOAN LIMITATIONS.
(a) Modification to Cap on Insurance to Financial Institutions.--
The second sentence of section 2(a) of the National Housing Act (12
U.S.C. 1703(a)) is amended by striking ``in no case'' and all that
follows through the period at the end and inserting ``the Secretary
may, by notice, establish additional requirements relating to the
insurance granted under this section by any such financial
institution.''.
(b) Modification to Loan Limitation for Financing Certain
Alterations, Repairs, and Improvements to, or Conversions of, Existing
Structures.--Subsection (b) of section 2 of such Act (12 U.S.C.
1703(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by striking ``$25,000''
and inserting ``$42,000''; and
(B) in subparagraph (B)--
(i) by striking ``$60,000'' and inserting
``$100,380''; and
(ii) by striking ``$12,000'' and inserting
``$20,076''; and
(C) in the matter after and below subparagraph (G),
by adding at the end the following: ``The Secretary
may, by notice, annually, increase the dollar amount
limitation in subparagraphs (A)(i) and (B) (as such
limitation may have been previously adjusted under this
sentence) in accordance with the index established
pursuant to paragraph (12).''; and
(2) by adding at the end the following new paragraph:
``(12) Annual indexing of loans for financing alterations,
repairs, and improvements to, or conversions of, existing
structures.--Not later than 1 year after the date of enactment
of the `Solar and Water-Efficient Homes Act of 2015', the
Secretary shall develop a method of indexing to annually
increase the dollar amount limitations established in
subparagraphs (A)(i) and (B) of paragraph (1). Such index shall
be based on consumer price index data on housing collected by
the Bureau of Labor Statistics.''.
(c) Technical Amendments.--Section 2 of such Act (12 U.S.C. 1703)
is amended--
(1) in the fourth undesignated paragraph of subsection
(a)--
(A) in paragraph (2), by striking ``and'' at the
end; and
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(2) in subsection (b)(1)--
(A) in subparagraph (D), by striking ``and'' at the
end; and
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''.
SEC. 4. MODIFICATION TO LOAN LIMITATION FOR ENERGY EFFICIENCY AND WATER
CONSERVING HOME IMPROVEMENTS.
Subsection (b) of section 2 of the National Housing Act (12 U.S.C.
1703(b)), as amended by section 3(b) of this Act, is further amended by
adding at the end the following new paragraph:
``(13) Adjustment for energy conserving improvements or the
installation of solar energy systems.--The dollar amount
limitations otherwise applicable under subparagraph (A)(i) and
subparagraph (B) of paragraph (1) (as adjusted by paragraph
(12)) may be increased up to 150 percent of such limitation,
but such increase may not exceed the dollar amount of the loan
that will be used for purchasing or implementing energy
conserving improvements or purchasing or installing solar
energy systems (as such terms are defined in the last paragraph
of subsection (a)), or for purchasing or implementing water
conserving improvements (as defined by the Secretary).''. | Solar and Water-Efficient Homes Act of 2015 This bill amends the National Housing Act, with respect to Department of Housing and Urban Development (HUD) insurance of financial institutions which finance housing alterations, repairs, improvements, or conversions, to increase the premium charge from 1% per annum of the net proceeds of a loan, advance of credit, or purchase, for the term of the obligation, to 1.5% per year of the remaining insured principal balance, with a specified exclusion and without taking into account delinquent payments or prepayments. There may also be a single upfront additional premium charge of 2.75% of the original insured principal obligation with respect to existing single-family or multi-family structures. HUD may increase the limitations on premium payments to percentages greater than these but only if necessary, and not in excess of the minimum increase necessary to maintain a negative credit subsidy for insurance of loans, advances of credit, or certain purchases. The maximum insurance amount (10% of the total amount of such loans, advances of credit, and purchases) any financial institution may receive is repealed. The maximum obligation of an individual loan, advance of credit, or purchase that may be insured for improvements: (1) to an existing single-family dwelling is increased from $25,000 to $42,000; and (2) to an existing multi-family structure is increased from $60,000 to $100,380, with an average amount of $20,076 (currently $12,000) per family unit. HUD shall develop a method of indexing to increase these dollar amount limitations annually, based on consumer price index data on housing collected by the Bureau of Labor Statistics of the Department of Labor. These dollar amount limitations may also be increased by up to 150%, not to exceed the dollar amount of the loan used for purchasing or installing solar energy systems or for purchasing or implementing water conserving improvements. | {"src": "billsum_train", "title": "Solar and Water-Efficient Homes Act of 2015"} | 1,391 | 393 | 0.672242 | 2.087129 | 0.770773 | 3.671233 | 3.345205 | 0.860274 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TSA National Deployment Force Act''.
SEC. 2. NATIONAL DEPLOYMENT OFFICE.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 44947. National Deployment Office
``(a) Establishment.--There is established within the
Transportation Security Administration a National Deployment Office, to
be headed by an individual with supervisory experience. Such individual
shall be designated by the Administrator of the Transportation Security
Administration.
``(b) Duties.--The individual designated as the head of the
National Deployment Office shall be responsible for the following:
``(1) Maintaining a National Deployment Force within the
Transportation Security Administration that is comprised of
transportation security officers, including supervisory
transportation security officers and lead transportation
security officers, to provide the Administration with rapid and
efficient response capabilities and augment the Department of
Homeland Security's homeland security operations to mitigate
and reduce risk, including for the following:
``(A) Airports temporarily requiring additional
security personnel due to an emergency, seasonal
demands, hiring shortfalls, severe weather conditions,
passenger volume mitigation, equipment support, or
other reasons.
``(B) Special events requiring enhanced security
including National Special Security Events, as
determined by the Secretary of Homeland Security.
``(C) Response in the aftermath of any manmade
disaster, including any terrorist attack.
``(D) Other such situations, as determined by the
Administrator.
``(2) Educating transportation security officers regarding
how to participate in the Administration's National Deployment
Force.
``(3) Recruiting officers to serve on the National
Deployment Force, in accordance with a staffing model to be
developed by the Administrator.
``(4) Approving one-year appointments for officers to serve
on the National Deployment Force, with an option to extend upon
officer request and with the approval of the appropriate
Federal Security Director.
``(5) Training officers to serve on the National Deployment
Force.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
449 of title 49, United States Code, is amended by adding at the end
the following new item:
``44947. National Deployment Office.''.
SEC. 3. CONFORMING AMENDMENT.
Subsection (f) of section 114 of title 49, United States Code, is
amended--
(1) in paragraph (14), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following new
paragraph:
``(15) establish and maintain a National Deployment Office
as required under section 44947 of this title; and''.
SEC. 4. CAREER DEVELOPMENT.
The Administrator of the Transportation Security Administration may
consider service in the National Deployment Force as a positive factor
when evaluating applicants for promotion opportunities within the
Transportation Security Administration.
SEC. 5. ANNUAL REPORT.
Not later than one year after the date of enactment of this Act and
annually thereafter for five years, the Administrator of the
Transportation Security Administration shall submit to the Committee on
Homeland Security of the House of Representatives and Committee on
Commerce, Science, and Transportation of the Senate a report regarding
activities of the National Deployment Office, including the National
Deployment Force, established under section 44947 of title 49, United
States Code, as added by section 2 of this Act. Each such report shall
include information relating to the following:
(1) When, where, why, how many, and for how long the
National Deployment Force was deployed throughout the 12-month
period covered by such report and the costs associated with
such deployment.
(2) A description of collaboration between the National
Deployment Office and other components of the Department of
Homeland Security, other Federal agencies, and State and local
transportation security stakeholders.
(3) The size of the National Deployment Force, including
information on the staffing model of such Force and adherence
to such model as established by the Administrator.
(4) Information on recruitment, appointment, and training
activities, including processes utilized to attract, recruit,
appoint, and train officers to serve on the National Deployment
Force.
Passed the House of Representatives September 4, 2018.
Attest:
KAREN L. HAAS,
Clerk. | TSA National Deployment Force Act (Sec. 2) This bill establishes within the Transportation Security Administration (TSA) a National Deployment Office to: (1) maintain a National Deployment Force to provide the TSA with rapid and efficient response capabilities and augment homeland security operations to mitigate and reduce risk, (2) educate transportation security officers on how to participate in the force, (3) recruit and train officers to serve on the force, and (4) approve one-year appointments for officers to serve on the force. (Sec. 4) The TSA may consider service in the force a positive factor when evaluating TSA employees for promotions. (Sec. 5) The TSA must report to Congress annually over a five-year period on the activities of the National Deployment Office, including the force. | {"src": "billsum_train", "title": "TSA National Deployment Force Act"} | 992 | 179 | 0.606915 | 1.707453 | 0.804622 | 3.423077 | 6.00641 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Modernization Act''.
SEC. 2. FHA COMPUTER SYSTEM.
(a) Selection.--
(1) In general.--The Secretary of Housing and Urban
Development (in this Act referred to as the ``Secretary'')
shall select a computer system under this section (including
appropriate mechanical, electronic, and programming elements)
for use in administrating the single family and multifamily
housing mortgage insurance programs under title II of the
National Housing Act and shall use such system to carry out the
activities under subsection (b) of this section.
(2) Use of existing systems and programs.--In selecting the
computer system, the Secretary shall survey and review various
computer systems and programs that are commercially available
and used for processing housing and residential mortgage
applications. The Secretary shall identify the programs,
methods, and procedures that are most effective and applicable
for use under this section.
(3) Contract.--Pursuant to the survey and review under
paragraph (2), the Secretary shall, to the extent or in such
amounts as are provided in appropriation Acts, enter into a
contract with an appropriate private entity for the use and
adaptation (if necessary) of the computer system that best
meets the specifications established under subsection (b).
(b) Requirements.--The computer system selected under this section
shall meet the specifications established by the Secretary to carry out
activities with respect to the single family and multifamily housing
mortgage insurance programs under title II of the National Housing Act,
as follows:
(1) To administer the processing of applications for
mortgage insurance.
(2) To maintain and update any records and information
maintained by the Secretary.
(3) To facilitate, coordinate, and simplify interaction
between the Department of Housing and Urban Development and
mortgagees, including determination of eligibility, review and
certification of underwriting, making insurance commitments and
endorsements, closing, and other mortgage insurance activities.
(4) To monitor the performance of the Department with
respect to each function identified in the performance
standards established under section 4.
(5) To monitor the performance of mortgagees, servicers,
and other entities involved in the mortgage insurance programs,
entities to whom processing functions have been delegated by
the Secretary under section 328 of the Cranston-Gonzalez
National Affordable Housing Act, and mortgagees approved for
direct endorsement.
SEC. 3. STUDY OF PRIVATE MANAGEMENT OF INSURANCE PROGRAMS USING
COMPUTER SYSTEM.
(a) Study.--The Secretary shall conduct a study to determine the
effectiveness and feasibility of utilizing private contractors to
administer the single family and multifamily housing mortgage insurance
programs under the National Housing Act using the computer system
selected under section 2. The study shall analyze whether the purposes
of the mortgage insurance programs would be carried out more
efficiently and economically by using contractors with demonstrated
capabilities to carry out the mortgage insurance functions currently
performed by the staff of the Department of Housing and Urban
Development.
(b) Report.--The Secretary shall submit a report regarding the
study to the Congress not later than the expiration of the 4-month
period beginning on the date of the enactment of this Act, which shall
contain findings and recommendations regarding the use and cost of
private contractors.
SEC. 4. PERFORMANCE STANDARDS.
The Secretary shall establish standards by which to evaluate the
performance of the Department of Housing and Urban Development with
respect to functions performed by the Department in carrying out the
single family and multifamily housing mortgage insurance programs under
title II of the National Housing Act, including standards for prompt
servicing of applications, accuracy of records, accounting for funds,
prompt handling of delinquencies, and any other separately identifiable
functions performed by the Department in carrying out such programs.
SEC. 5. PERIODIC REPORTS REGARDING CONTRACTOR PERFORMANCE.
Using information compiled and available through the computer
system selected under section 2, the Secretary shall submit to the
Congress a report for each calendar year regarding the performance of
mortgagees, servicers, and contractors involved in the single family
and multifamily housing mortgage insurance programs under title II of
the National Housing Act, entities to whom processing functions have
been delegated by the Secretary under section 328 of the Cranston-
Gonzalez National Affordable Housing Act, and mortgagees approved for
direct endorsement. Each report under this section shall be submitted
not later than the March 31 of the year following the year for which
the report is made.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 1994. | FHA Modernization Act - Directs the Secretary of Housing and Urban Development (HUD) to: (1) select a computer system for use in administering the National Housing Act single family and multifamily housing mortgage insurance programs; (2) use the system to study the feasibility of private administration of such programs; and (3) develop program evaluation standards. | {"src": "billsum_train", "title": "FHA Modernization Act"} | 980 | 70 | 0.587541 | 1.603857 | 0.98169 | 3.029412 | 13.705882 | 0.852941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``El Camino Real de los Tejas National
Historic Trail Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) El Camino Real de los Tejas (the Royal Road to the
Tejas), served as the primary route between the Spanish
viceregal capital of Mexico City and the Spanish provincial
capital of Tejas at Los Adaes (1721-1773) and San Antonio
(1773-1821);
(2) the seventeenth, eighteenth, and early nineteenth
century rivalries among the European colonial powers of Spain,
France, and England and after their independence, Mexico and
the United States, for dominion over lands fronting the Gulf of
Mexico, were played out along the evolving travel routes in
this immense area;
(3) the future of several American Indian nations, whose
prehistoric trails were later used by the Spaniards for
exploration and colonization, was tied to these larger forces
and events and the nations were fully involved in and affected
by the complex cultural interactions that ensued;
(4) the Old San Antonio Road was a series of routes
established in the early 19th century sharing the same corridor
and some routes of El Camino Real, and carried American
immigrants from the east, contributing to the formation of the
Republic of Texas, and its annexation to the United States;
(5) the exploration, conquest, colonization, settlement,
migration, military occupation, religious conversion, and
cultural exchange that occurred in a large area of the
borderland was facilitated by El Camino Real de los Tejas as it
carried Spanish and Mexican influences northeastward, and by
its successor, the Old San Antonio Road, which carried American
influence westward, during a historic period which extended
from 1689 to 1850; and
(6) the portions of El Camino Real de los Tejas in what is
now the United States extended from the Rio Grande near Eagle
Pass and Laredo, Texas and involved routes that changed through
time, that total almost 2,600 miles in combined length,
generally coursing northeasterly through San Antonio, Bastrop,
Nacogdoches, and San Augustine in Texas to Natchitoches,
Louisiana, a general corridor distance of 550 miles.
SEC. 3. AUTHORIZATION AND ADMINISTRATION.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)
is amended--
(1) by designating the paragraphs relating to the
California National Historic Trail, the Pony Express National
Historic Trail, and the Selma to Montgomery National Historic
Trail as paragraphs (18), (19), and (20), respectively; and
(2) by adding at the end the following:
``(22) El camino real de los tejas.--
``(A) In general.--El Camino Real de los Tejas (The
Royal Road to the Tejas) National Historic Trail, a
combination of routes totaling 2,580 miles in length
from the Rio Grande near Eagle Pass and Laredo, Texas
to Natchitoches, Louisiana, and including the Old San
Antonio Road, as generally depicted on the maps
entitled `El Camino Real de los Tejas', contained in
the report prepared pursuant to subsection (b) entitled
`National Historic Trail Feasibility Study and
Environmental Assessment: El Camino Real de los Tejas,
Texas-Louisiana', dated ____ July 1998. A map generally
depicting the trail shall be on file and available for
public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be
administered by the Secretary of the Interior. No land
or interest in land outside the exterior boundaries of
any federally administered area may be acquired by the
United States for the trail except with the consent of
the owner of the land or interest in land.
``(B) Coordination of activities.--The Secretary of
the Interior may coordinate with United States and
Mexican public and non-governmental organizations,
academic institutions, and, in consultation with the
Secretary of State, the government of Mexico and its
political subdivisions, for the purpose of exchanging
trail information and research, fostering trail
preservation and educational programs, providing
technical assistance, and working to establish an
international historic trail with complementary
preservation and education programs in each nation.''.
Passed the Senate October 14 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | El Camino Real de los Tejas National Historic Trail Act of 1998 - Amends the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail. | {"src": "billsum_train", "title": "El Camino Real de los Tejas National Historic Trail Act of 1998"} | 979 | 48 | 0.496637 | 1.330439 | 0.362938 | 4.878788 | 27.272727 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing Excellent Teachers Act of
2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The shortage of qualified teachers in the United States
has reached critical levels.
(2) Education experts predict that over the next decade,
the United States will need more than 2 million new teachers.
(3) In urban districts, nearly 50 percent of new teachers
leave teaching during their first five years.
(4) These numbers have a direct impact on the quality of
the education of the children of the United States.
SEC. 3. GRANTS FOR TEACHER MENTORING PROGRAMS.
(a) Authority to Make Grants.--The Secretary of Education may make
grants in accordance with subsections (d) and (e) to States and local
educational agencies to assist such States and agencies, in cooperation
with universities and colleges in accordance with subsection (b), to
establish and support teacher mentoring programs in schools for the
purpose of attracting and training teachers of exceptional ability who
are mid-career professionals or recent college graduates.
(b) Eligibility to Participate in Program.--To be eligible to
participate in a teacher mentoring program under this section, a mid-
career professional or recent college graduate shall be enrolled in a
masters degree program in education or teaching in a university or
college that--
(1) has entered into a written agreement relating to such
program with the State or local educational agency that is the
recipient of a grant under this section;
(2) is located in such State or local educational agency;
and
(3) is accredited by the Council of Higher Education
Accreditation and the accrediting agency in the State, if any.
(c) Practical Experience.--
(1) In general.--A mid-career professional or recent
college graduate who participates in a teacher mentoring
program shall, under the supervision of an experienced mentor
teacher, complete not fewer than ten months teaching a class
containing not more than 30 students and not fewer than 10
students in a school chosen by the State or local educational
agency that is the recipient of a grant under this section.
(2) Experienced mentor teacher defined.--In this
subsection, the term ``experienced mentor teacher'' means a
teacher who--
(A) has at least five years teaching experience
teaching in a school in the State or local educational
agency that is the recipient of a grant under this
section; and
(B) has a masters degree in education or teaching.
(d) Teacher Certification.--As a condition of receiving a grant
under this section, a university or college shall award to a mid-career
professional or recent college graduate who successfully completes a
teacher mentoring program a teacher certification that is valid in the
State or local educational agency in which such university or college
is located.
(e) Amount, Number, and Distribution of Grants.--
(1) Amount.--A grant under this section shall be in an
amount that is 50 percent of the cost of establishing and
supporting a teacher mentoring program in a State or local
educational agency, but such grant may not exceed $2,500,000.
(2) Number.--The Secretary may not make more than ten such
grants each fiscal year, beginning with fiscal year 2007.
(3) Distribution.--A State or local educational agency may
receive not more than two grants each fiscal year.
(f) Duration of Program.--A teacher mentoring program under this
section shall be for a period of one academic year.
(g) Agreement With Teachers for Placement in a School.--A mid-
career professional or recent college graduate who successfully
completes a teacher mentoring program under this section shall agree in
writing to placement as a teacher in a school chosen by the State or
local educational agency. Such placement shall be for a period of five
academic years beginning with the academic year that begins after the
successful completion by such professional or graduate in the teacher
mentoring program.
(h) Application.--To receive a grant under this section, a State or
local educational agency shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may prescribe.
(i) Competitive Basis for Selection.--The Secretary shall award
grants to States and local educational agencies on a competitive basis.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $25,000,000 for each of fiscal years 2007
through 2011 to carry out this section. Amounts appropriated are
authorized to remain available until expended, and may be used by the
Secretary to make additional grants, in accordance with this section,
in a fiscal year beginning with fiscal year 2012. | Preparing Excellent Teachers Act of 2006 - Authorizes the Secretary of Education to make grants to states and local educational agencies to establish and support teacher mentoring programs to attract and train teachers of exceptional ability who are mid-career professionals or recent college graduates. Places limits on the amount, number, and distribution of such grants. | {"src": "billsum_train", "title": "To direct the Secretary of Education to make grants to States and local educational agencies to establish teacher mentoring programs."} | 1,011 | 69 | 0.58306 | 1.39296 | 0.734758 | 5.04918 | 15.606557 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Health Services Equity
Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that the payment system for home health services
covered under Medicare as enacted by the Balanced Budget Act of 1997 is
having the following unintended consequences:
(1) Many of the sickest, most frail Medicare beneficiaries
are being deprived of access to medically necessary home health
services which are covered under the Medicare Program.
(2) The amount of reductions in reimbursement for home
health services furnished under the Medicare Program
significantly exceeds the amount of reduction in reimbursement
for any other service furnished under the Medicare Program at a
time when the need for home health services by the Nation's
elderly citizens is growing.
(3) The per beneficiary limits imposed on home health
agencies do not, for a majority of such agencies, accurately
reflect the costs necessarily incurred in the efficient
delivery of needed home health services to the individuals
treated by those agencies, as required under section
1861(v)(1)(A) of the Social Security Act (42 U.S.C.
1395x(v)(1)(A)).
(4) Residents of certain States and regions of the country
are being afforded access to far fewer home health services
under the Medicare Program than residents of other States or
regions who have similar medical conditions.
(5) The prospective payment system scheduled for
implementation by October 1, 2000, is in danger of being based
on data which excludes many of the costs of providing covered
services to the sickest, most frail Medicare beneficiaries.
(6) The additional 15 percent reduction in reimbursement
currently scheduled for October 1, 2000, will result in
reductions in Medicare spending for home health services that
are far in excess of those intended by Congress when it passed
the Balanced Budget Act of 1997 and are unrelated to needs of
the patients.
(7) The home health interim payment system enacted as part
of the Balanced Budget Act of 1997 is not providing for a
smooth transition from reasonable cost reimbursement to
prospective payment.
SEC. 3. INTERIM PAYMENT SYSTEM OVERPAYMENT RECOUPMENT.
(a) In General.--Section 1861(v)(1)(L) of the Social Security Act
(42 U.S.C. 1395x(v)(1)(L)), as amended by section 5101(a) of the Tax
and Trade Relief Extension Act of 1998 (Public Law 105-277), is amended
by adding at the end the following new clause:
``(x)(I) Notwithstanding any other provision of this subparagraph,
there shall be no recovery of any payments for reasonable costs made
before the cost reporting period describe in subclause (II) to a home
health agency in excess of the per beneficiary limitation applicable to
that agency.
``(II) The cost reporting period referred to in subclause (I) with
respect to a home health agency is the cost reporting period beginning
during the fiscal year following the fiscal year in which the home
health agency received written notice from the Secretary of its agency-
specific per beneficiary limitation.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply as if included in the enactment of the Balanced Budget Act of
1997.
SEC. 4. ELIMINATION OF AUTOMATIC 15 PERCENT REDUCTION IN PAYMENT
LIMITS.
(a) Prospective Payment System.--
(1) Elimination of reduction.--Section 1895(b)(3) of the
Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended--
(A) in clause (i)--
(i) by striking ``but if the reduction in
limits described in clause (ii) had been in
effect''; and
(ii) by striking ``(i) In general.--'' and
adjusting the margin accordingly; and
(B) by striking clause (ii).
(2) Conforming amendment.--Section 1895(d)(3) of such Act
(42 U.S.C. 1395fff(d)(3)) is amended by striking ``(including
the reduction described in clause (ii) of such subsection)''.
(b) Interim Payment System.--Section 4603 of the Balanced Budget
Act of 1997 (Public Law 105-33), as amended by section 5101(c)(3) of
the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277), is
amended by striking subsection (e).
SEC. 5. REVISION OF PER VISIT LIMITS.
Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)(i)) is amended--
(1) in subclause (IV), by striking ``or'';
(2) in subclause (V)--
(A) by inserting ``and before October 1, 1999''
after ``October 1, 1998,''; and
(B) by striking the period at the end and inserting
``, or''; and
(3) by adding at the end the following new subclause:
``(VI) October 1, 1999, 108 percent of such
median.''.
SEC. 6. ENSURING BENEFICIARY CHOICE OF PROVIDER WITH PRORATED LIMITS.
(a) In General.--Section 1861(v)(1)(L)(vi)(II) of the Social
Security Act (42 U.S.C. 1395x(v) (1)(L)(vi)(II)) is amended by
inserting ``only if the Secretary determines that the agency knew or
should have known that the individual, to whom home health services
were furnished, used home health services furnished by more than one
home health agency'' before the period.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to cost reporting periods beginning on or after October 1, 1999.
SEC. 7. EXCEPTIONS AND EXEMPTIONS; OUTLIERS.
(a) Exceptions and Exemptions.--
(1) In general.--Section 1861(v)(1)(L)(ii) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)(ii)) is amended by
adding at the end the following: ``With respect to the limits
under clauses (v) through (ix), the Secretary shall provide for
the following exceptions and exemptions:
``(I) Home health agencies furnishing home health services
exclusively in medically underserved areas shall be exempt from
such limits.
``(II) The Secretary shall provide for a payment amount (in
an amount determined by the Secretary) in addition to the
amounts applicable under such limits for a home health agency
that demonstrates to the Secretary that it incurred costs above
such limits due to costs attributable to additional Federal
regulatory requirements imposed after fiscal year 1994.''.
(2) Expenditure limits on exceptions.--The aggregate amount
of additional payments or payment adjustments made under
section 1861(v)(1)(L)(ii)(II), as added by paragraph (1), with
respect to a fiscal year may not exceed 5 percent of the
aggregate payments projected or estimated by the Secretary to
be made under section 1861(v)(1)(L) for such fiscal year.
(b) Additional Payments for Outliers.--Section 1861(v)(1)(L) of
such Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section 3(a), is
further amended by adding at the end the following new clause:
``(xi) Notwithstanding clauses (v) through (ix), the Secretary
shall provide for an additional payment amount to a provider equal to
the difference between the reasonable cost incurred by the provider and
the limit under such clauses applicable to the provider if the provider
demonstrates to the Secretary that--
``(I) the provider incurred costs in excess of the limits
applicable under such clauses with respect to an individual
described in subclause (II);
``(II) with respect to an individual to whom the provider
furnished home health services under this title, the individual
requires the most expensive home health services (case
outliers) or requires such services for a far longer than
average period of time (case and duration outliers), such
outliers determined by the Secretary; and
``(III) such incurred costs are reasonable.
No payment shall be made under this clause to a provider that, as of
October 1, 1999, has ceased furnishing home health services for which
payment may be made under this title.''.
(c) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the Balanced Budget Act of
1997. | Amends SSA title XVIII, as amended by the Tax and Trade Relief Extension Act of 1998, to: (1) deny recoupment of reasonable costs to a home health agency in excess of the applicable per beneficiary limitation; (2) eliminate the automatic 15 percent reduction in payment limits; and (3) revise per visit limits. | {"src": "billsum_train", "title": "Medicare Home Health Services Equity Act of 1999"} | 1,963 | 72 | 0.483932 | 1.244614 | 0.989269 | 3.84375 | 25.734375 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limiting the Ability to Demand
Detrimental Employment Restrictions Act'' or the ``LADDER Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commerce.--The term ``commerce'' has the meaning given
such term in section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203).
(2) Covenant not to compete.--The term ``covenant not to
compete'' means an agreement--
(A) between an employee and employer that restricts
such employee from performing--
(i) any work for another employer for a
specified period of time;
(ii) any work in a specified geographical
area; or
(iii) work for another employer that is
similar to such employee's work for the
employer included as a party to the agreement;
and
(B) that is entered into after the date of
enactment of this Act.
(3) Employee; employer; enterprise; enterprise engaged in
commerce or in the production of goods for commerce; goods.--
The terms ``employee'', ``employer'', ``enterprise'',
``enterprise engaged in commerce or in the production of goods
for commerce'', and ``goods'' have the meanings given such
terms in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(4) Livable hourly rate.--The term ``livable hourly rate''
means--
(A) for the fiscal year of the date of enactment of
this Act, the greater of--
(i) $15 per hour; or
(ii) the hourly rate equal to the minimum
wage required by the applicable State or local
minimum wage law; and
(B) for each succeeding fiscal year, the greater
of--
(i) the adjusted amount described in
section 3(c); or
(ii) the hourly rate equal to the minimum
wage required by the applicable State or local
minimum wage law.
(5) Low-wage employee.--The term ``low-wage employee''
means an employee who, excluding any overtime compensation
required under section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) or under an applicable State law, receives
from the applicable employer an hourly compensation that is
less than the livable hourly rate.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(7) State.--The term ``State'' has the meaning given such
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
SEC. 3. PROHIBITING COVENANTS NOT TO COMPETE FOR LOW-WAGE EMPLOYEES.
(a) In General.--No employer shall enter into a covenant not to
compete with any low-wage employee of such employer, who in any
workweek is engaged in commerce or in the production of goods for
commerce (or is employed in an enterprise engaged in commerce or in the
production of goods for commerce).
(b) Notice.--An employer who employs any low-wage employee, who in
any workweek is engaged in commerce or in the production of goods for
commerce (or is employed in an enterprise engaged in commerce or in the
production of goods for commerce), shall post notice of the provisions
of this Act in a conspicuous place on the premises of such employer.
(c) Inflation Adjustment.--
(1) In general.--For each fiscal year after the fiscal year
of the date of enactment of this Act, the Secretary shall
adjust the amount set forth in section 2(4)(A)(i) for inflation
by increasing such amount, as in effect for the preceding
fiscal year, by the annual percentage increase in the Consumer
Price Index for Urban Wage Earners and Clerical Workers (United
States city average, all items, not seasonally adjusted), or
its successor publication, as determined by the Bureau of Labor
Statistics.
(2) Rounding amounts.--The amounts adjusted under paragraph
(1) shall be rounded to the nearest multiple of $0.05.
SEC. 4. DISCLOSURE REQUIREMENT FOR COVENANTS NOT TO COMPETE.
In order for an employer to require an employee, who in any
workweek is engaged in commerce or in the production of goods for
commerce (or is employed in an enterprise engaged in commerce or in the
production of goods for commerce) and is not a low-wage employee, to
enter into a covenant not to compete, the employer shall, prior to the
employment of such employee and at the beginning of the process for
hiring such employee, have disclosed to such employee the requirement
for entering into such covenant.
SEC. 5. ENFORCEMENT.
(a) In General.--The Secretary shall receive, investigate, attempt
to resolve, and enforce a complaint of a violation of section 3 or 4 in
the same manner that the Secretary receives, investigates, and attempts
to resolve a complaint of a violation of section 6 or 7 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206 and 207), subject to
subsection (b).
(b) Civil Fine.--
(1) Maximum fine.--The Secretary shall impose a civil
fine--
(A) with respect to any employer who violates
section 3(a) or 4, an amount not to exceed $5,000 for
each employee who was the subject of such violation;
and
(B) with respect to any employer who violates
section 3(b), an amount not to exceed $5,000.
(2) Consideration.--In determining the amount of any civil
fine under this subsection, the Secretary shall consider the
appropriateness of the fine to the size of the employer subject
to such fine and the gravity of the applicable violation. | Limiting the Ability to Demand Detrimental Employment Restrictions Act or the LADDER Act This bill: (1) prohibits employers from entering into not to compete covenants with low-wage employees engaged in commerce or in the production of goods for commerce, and (2) requires an employer of such employees to post notice of such prohibition in a conspicuous place on the employer's premises. The bill defines "low-wage employee" as an employee who earns less than the greater of $15 per hour or the state or local minimum wage. In order for an employer to require such an employee who is not a low-wage employee to enter into such a covenant, the employer must have disclosed the requirement for entering into such covenant before hiring such employee. The Secretary of Labor shall: (1) enforce a complaint of a violation of this Act in the same manner as a complaint of a violation of the Fair Labor Standards Act of 1938, and (2) impose a civil fine on any employer who violates this Act. | {"src": "billsum_train", "title": "LADDER Act"} | 1,297 | 215 | 0.599584 | 1.695806 | 0.796427 | 3.639594 | 5.908629 | 0.939086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prostate Cancer Detection Research
and Education Act''.
SEC. 2. PLAN TO DEVELOP AND VALIDATE A TEST OR TESTS FOR PROSTATE
CANCER.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), acting through the
Director of the National Institutes of Health, shall establish an
advisory council on prostate cancer (referred to in this Act as the
``advisory council'') to draft a plan for the development and
validation of an accurate test or tests, such as biomarkers or imaging,
to detect and diagnose prostate cancer.
(b) Advisory Council.--
(1) Membership.--
(A) Federal members.--The advisory council shall be
comprised of the following experts:
(i) A designee of the Centers for Disease
Control and Prevention.
(ii) A designee of the Centers for Medicare
& Medicaid Services.
(iii) A designee of the Office of the
Director of the National Cancer Institute.
(iv) A designee of the Director of the
Department of Defense Congressionally Directed
Medical Research Program.
(v) A designee of the Director of the
National Institute of Biomedical Imaging and
Bioengineering.
(vi) A designee of the Director of the
National Institute of General Medical Sciences.
(vii) A designee of the Director of the
National Institute on Minority Health and
Health Disparities.
(viii) A designee of the Office of the
Director of the National Institutes of Health.
(ix) A designee of the Food and Drug
Administration.
(x) A designee of the Agency for Healthcare
Research and Quality.
(xi) A designee of the Director of the
Telemedicine and Advanced Technology Research
Center of the Department of Defense.
(B) Non-federal members.--In addition to the
members described in subparagraph (A), the advisory
council shall include 8 expert members from outside the
Federal Government to be appointed by the Secretary,
which shall include--
(i) 2 prostate cancer patient advocates;
(ii) 2 health care providers with a range
of expertise and experience in prostate cancer;
and
(iii) 4 leading researchers with prostate
cancer-related expertise in a range of clinical
disciplines.
(2) Meetings.--The advisory council shall meet quarterly
and such meetings shall be open to the public.
(3) Advice.--The advisory council shall advise the
Secretary, or the Secretary's designee.
(4) Annual report.--Not later than 1 year after the date of
enactment of this Act, the advisory council shall provide to
the Secretary, or the Secretary's designee and Congress--
(A) an initial evaluation of all federally funded
efforts in prostate cancer research relating to the
development and validation of an accurate test or tests
to detect and diagnose prostate cancer;
(B) a plan for the development and validation of a
reliable test or tests for the detection and accurate
diagnosis of prostate cancer; and
(C) a set of standards for prostate cancer
screening, developed in coordination with the United
States Preventive Services Task Force, to ensure that
any tools for screening, detection, and diagnosis
developed in accordance with the plan under
subparagraph (B) will meet the requirements of the Task
Force for recommendation as a proven preventive or
diagnostic service.
(5) Termination.--The advisory council shall terminate on
December 31, 2016.
(c) Funding.--The Secretary may make available $1,000,000 from
amounts appropriated to the National Institutes of Health for each of
fiscal years 2013 through 2017 to carry out this section.
SEC. 3. COORDINATION AND INTENSIFICATION OF PROSTATE CANCER RESEARCH.
(a) In General.--The Director of the National Institutes of Health,
in consultation with the Secretary of Defense, shall coordinate and
intensify research in accordance with the plan developed under section
2(b)(4)(B), with particular attention provided to leveraging existing
research to develop and validate a test or tests, such as biomarkers or
imaging, to detect and accurately diagnose prostate cancer in order to
improve quality of life for millions of Americans, and decrease health
care system costs.
(b) Funding.--The Secretary may make available $30,000,000 from
amounts appropriated to the National Institutes of Health for each of
fiscal years 2014 through 2018 to carry out this section.
SEC. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN.
(a) National Campaign.--The Secretary, in coordination with the
Director of the National Institutes of Health and the Director of the
Centers for Disease Control and Prevention, shall carry out a national
campaign to increase the awareness and knowledge of prostate cancer.
(b) Requirements.--The national campaign conducted under subsection
(a) shall include--
(1) roles for the National Cancer Institute, the National
Institute on Minority Health and Health Disparities, the Office
on Minority Health of the Department of Health and Human
Services, and the Office of Minority Health of the Centers for
Disease Control and Prevention; and
(2) the development and distribution of written educational
materials, and the development and placing of public service
announcements, that are intended to encourage men to seek
prostate cancer screening when symptoms are present, when they
have a family history of prostate cancer, or if they belong to
a high-risk population.
(c) Racial Disparities.--In developing the national campaign under
subsection (a), the Secretary shall recognize and address--
(1) the racial disparities in the incidences of prostate
cancer and mortality rates with respect to such disease; and
(2) any barriers in access to patient care and
participation in clinical trials that are specific to racial
minorities.
(d) Grants.--The Secretary shall establish a program to award
grants to nonprofit private entities to enable such entities to test
alternative outreach and education strategies to increase the awareness
and knowledge of Americans with respect to prostate cancer.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of fiscal
years 2013 through 2017. | Prostate Cancer Detection Research and Education Act - Requires the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to establish an advisory council on prostate cancer to draft a plan for the development and validation of an accurate test or tests to detect and diagnose prostate cancer. Terminates the advisory council on December 31, 2016.
Requires the Director of the National Institutes of Health (NIH) to coordinate and intensify research in accordance with the plan developed under this Act, with particular attention provided to leveraging existing research to develop and validate a test or tests, such as biomarkers or imaging, to detect and accurately diagnose prostate cancer.
Requires the Secretary to: (1) carry out a national campaign to increase the awareness and knowledge of prostate cancer, and (2) award grants to nonprofit private entities to test alternative outreach and education strategies to increase the awareness and knowledge of Americans with respect to prostate cancer. | {"src": "billsum_train", "title": "To provide for research and education to improve screening, detection and diagnosis of prostate cancer."} | 1,357 | 207 | 0.630305 | 1.761694 | 0.928423 | 6.292553 | 6.569149 | 0.962766 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Credit Card Application Act of
1997''.
SEC. 2. FAIRNESS IN CREDIT AND CHARGE CARD APPLICATIONS.
(a) In General.--Section 127(c)(1) of the Truth in Lending Act (15
U.S.C. 1637(c)(1)) is amended by adding at the end the following new
subparagraphs:
``(C) Election of minimum amount of credit limit.--
If a credit card account established pursuant to an
application or solicitation to which subparagraph (A)
applies would be subject to a maximum dollar amount
limitation on the amount of the credit which is
authorized to be extended with respect to such account
(hereafter in this subparagraph referred to as the
`credit limit'), the following provisions shall apply:
``(i) The application or solicitation shall
disclose to the consumer that--
``(I) a credit limit will or may be
applicable with respect to such
account; and
``(II) the consumer has the right
to state the lowest amount of the
credit limit which such consumer is
willing to accept if the credit card
account is established.
``(ii) A completed application or
solicitation submitted by a consumer may not be
processed by a credit card issuer unless the
application or solicitation contains--
``(I) an explicit statement by the
consumer, in the format prescribed by
the Board pursuant to section
122(c)(3), of the lowest amount of any
credit limit that the consumer is
willing to accept; or
``(II) an explicit positive
statement by the consumer that the
consumer has no preference with regard
to the amount of a credit limit.
``(iii) If a credit card issuer is
unwilling to open a credit card account with a
credit limit equal to or greater than an amount
indicated by the consumer as the lowest amount
the consumer is willing to accept, the credit
card issuer may not issue a credit card on the
basis of such application or solicitation.
``(D) Different type, designation, or brand of
credit card.--If an application or solicitation to
which subparagraph (A) applies may result in the
issuance of a different type, designation, or brand of credit card to a
consumer than the type, designation, or brand of credit card to which
such application or solicitation relates, the following provisions
shall apply:
``(i) The application or solicitation shall
disclose to the consumer that--
``(I) the submission of the
application or solicitation may result
in the issuance of a different type,
designation, or brand of credit card to
the consumer than the type,
designation, or brand of credit card to
which such application or solicitation
relates; and
``(II) the consumer has the right
to state whether or not the consumer is
willing to accept such other credit
card.
``(ii) The application or solicitation
shall contain (for each type, designation, or
brand of credit card which could be issued on
the basis of the submission of such application
or solicitation) all the information and
disclosures which would be required under this
subsection and subsection (e) (in the format
required under section 122(c)) if the
application or disclosure relates to such other
type, designation, or brand of credit card.
``(iii) A completed application or
solicitation submitted by a consumer may not be
processed by a credit card issuer unless the
application or solicitation contains an
explicit statement by the consumer, in the
format prescribed by the Board pursuant to
section 122(c)(3), that the consumer is or is
not willing to accept a different type,
designation, or brand of credit card than the
type, designation, or brand of credit card to
which such application or solicitation relates.
``(iv) If a credit card issuer is unwilling
to issue a credit card of the type,
designation, or brand of credit card to which
an application or solicitation relates and the
consumer has indicated that the consumer is not
willing to accept a different type,
designation, or brand of credit card, then the
credit card issuer may not issue a credit card
on the basis of such application or
solicitation.''.
(b) Disclosures in Telephone Solicitations.--Section 127(c)(2) of
the Truth in Lending Act (15 U.S.C. 1637(c)(2)) is amended by adding at
the end the following new subparagraph:
``(C) Additional disclosures and consumer
responses.--
``(i) In general.--In the case of a
telephone solicitation to open a credit card
account for any person under an open end
consumer credit plan, the person making the
solicitation shall orally disclose, to the
extent applicable, the information described in
paragraph (1)(C)(i) and clauses (i) and (ii) of
paragraph (1)(D) with regard to such
solicitation.
``(ii) Consumer responses.--If a person
making a telephone solicitation described in
clause (i) is required to orally disclose
information pursuant to such clause, clauses
(ii) and (iii) of paragraph (1)(C) and clauses
(iii) and (iv) of paragraph (1)(D), as the case
may be, shall apply with regard to such
solicitation.''.
(c) Disclosures in Applications and Solicitations by Other Means.--
Section 127(c)(3) of the Truth in Lending Act (15 U.S.C. 1637(c)(3)) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``, including publications or
websites on the worldwide web or other distribution
networks,'' after ``publications''; and
(B) by inserting ``and the requirements of
subparagraph (F)'' before the period at the end; and
(2) by adding at the end the following new subparagraph:
``(F) Additional disclosures and consumer
responses.--
``(i) In general.--An application or
solicitation described in subparagraph (A)
meets the requirements of this subparagraph if
the application or solicitation contains, to
the extent applicable, the information
described in paragraph (1)(C)(i) and clauses
(i) and (ii) of paragraph (1)(D) with regard to
such application or solicitation.
``(ii) Consumer responses.--If an
application or solicitation described in
subparagraph (A) is required to contain
information pursuant to clause (i) of this
subparagraph, clauses (ii) and (iii) of
paragraph (1)(C) and clauses (iii) and (iv) of
paragraph (1)(D), as the case may be, shall
apply with regard to such application or
solicitation.''.
(d) Disclosures in Applications and Solicitations for Charge
Cards.--Section 127(c)(4) of the Truth in Lending Act (15 U.S.C.
1637(c)(4)) is amended by adding at the end the following new
subparagraph:
``(F) Full disclosure requirements.--In the case of
any application or solicitation for a charge card to
which subparagraph (A), (C), or (D) applies, the
requirements of paragraph (1)(D) shall apply to such
application or solicitation in the same manner and to
the same extent that such subparagraphs of paragraph
(1) apply to credit card applications and
solicitations.''.
(e) Format of Disclosures.--
(1) In general.--Section 122(c)(1) of the Truth in Lending
Act (15 U.S.C. 1632(c)) is amended in the matter preceding
subparagraph (A)--
(A) by inserting ``(1)(C)(i), (1)(D)(i), (3)(F),''
after ``(1)(A),'';
(B) by striking ``and'' after ``(4)(A),''; and
(C) by inserting ``, and (4)(F)'' after
``(4)(C)(i)(I)''.
(2) Requirements relating to format for disclosures of
consumer options and consumer responses.--Section 122(c) of the
Truth in Lending Act (15 U.S.C. 1632(c)) is amended by adding
at the end the following new paragraph:
``(3) Format for disclosure of consumer options and
consumer responses.--In the regulations prescribed under
paragraph (1), the Board shall prescribe the format for any
consumer response pursuant to--
``(A) subparagraph (C)(ii) or (D)(iii) of paragraph
(1) of section 127(c), in connection with any
application or solicitation to which paragraph (1),
(2), or (3) of such section applies; or
``(B) subparagraph (F) of section 127(c)(4), in
connection with any application or solicitation to
which subparagraph (A), (C), or (D) of such section
applies.''. | Fair Credit Card Application Act of 1997 - Amends the Truth in Lending Act to require that certain credit card and charge card applications (including telephone solicitations) disclose to the consumer the maximum authorized credit limit, and the consumer's right to state in the application the lowest credit limit acceptable to the consumer. | {"src": "billsum_train", "title": "Fair Credit Card Application Act of 1997"} | 2,036 | 65 | 0.576447 | 1.532022 | 0.869761 | 2.551724 | 31.206897 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shaken Baby Syndrome Prevention
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) There are unfortunately many incidents that exemplify
the abuse that children suffer across all 50 states--becoming
victims of Shaken Baby Syndrome. One such incident involves 8-
month-old Cynthia Gibbs, of Yonkers, New York, who on November
17, 2000, died of massive brain damage. Cynthia's abuser and
killer was her own State-certified child care provider
operating child care services out of her home. Another involves
11-month-old George ``Skipper'' Lithco of Poughkeepsie, New
York, who died on December 3, 2000, from brain injuries he
suffered when he was shaken by his day care provider--a 51-
year-old grandmother who said she lost control when he spit up
on her and cried during his afternoon feeding.
(2) The most recent National Child Abuse and Neglect Data
System figures reveal that almost 900,000 children were victims
of abuse and neglect in the United States in 2002, causing
unspeakable pain and suffering to our most vulnerable citizens.
(3) Among the children who are victims of abuse and
neglect, nearly 4 children die in the United States each day.
(4) Children aged 1 year or younger accounted for 41.2
percent of all child abuse and neglect fatalities in 2002, and
children aged 4 years or younger accounted for 76.1 percent of
all child abuse and neglect fatalities in 2002.
(5) Abusive head trauma, including the trauma known as
``Shaken Baby Syndrome'', is recognized as the leading cause of
death of physically abused children.
(6) Shaken Baby Syndrome can result in loss of vision,
brain damage, paralysis, seizures, or death.
(7) A 2003 report in the Journal of the American Medical
Association estimated that, in the United States, an average of
300 children will die each year, and 600 to 1,200 more will be
injured, of whom 2/3 will be babies or infants under 1 year in
age, as a result of Shaken Baby Syndrome, with many cases
resulting in severe and permanent disabilities.
(8) Medical professionals believe that thousands of
additional cases of Shaken Baby Syndrome are being misdiagnosed
or are not detected.
(9) Shaken Baby Syndrome often results in permanent,
irreparable brain damage or death to an infant and may result
in more than $1,000,000 in medical costs to care for a single,
disabled child in just the first few years of life.
(10) The most effective solution for ending Shaken Baby
Syndrome is to prevent the abuse, and it is clear that the
minimal costs of education and prevention programs may prevent
enormous medical and disability costs and immeasurable amounts
of grief for many families.
(11) Prevention programs have demonstrated that educating
new parents about the danger of shaking young children and how
they can help protect their child from injury can bring about a
significant reduction in the number of cases of Shaken Baby
Syndrome. This is further evidenced in work completed by the
Upstate New York SBS Prevention Project, which resulted in a 47
percent reduction in the number of shaking and subsequent
inflicted head injuries in the Buffalo, New York, region.
(12) Education programs have been shown to raise awareness
and provide critically important information about Shaken Baby
Syndrome to parents, care givers, daycare workers, child
protection employees, law enforcement personnel, health care
professionals, and legal representatives.
(13) Efforts to prevent Shaken Baby Syndrome are supported
by organizations across the United States whose mission it is
to make aware, educate, and support the general public and
professionals about Shaken Baby Syndrome, as well as increase
support for victims and the families of victims.
SEC. 3. EDUCATION AND AWARENESS CAMPAIGN.
(a) In General.--The Secretary of Health and Human Services shall
develop and implement an effective ongoing public information and
educational campaign to inform the public, in general, and new parents,
child care providers, and other care givers of young children, in
particular, about brain injuries and other harmful effects that may
result from shaking infants and children under 5 years of age and
healthy strategies to cope with a crying baby and related
frustrations--all to help protect children from injury.
(b) Elements.--The program under subsection (a) shall include at
least the following elements:
(1) Educational and informational materials in print,
audio, video, electronic and other media which should be
coordinated with national and Federal awareness activities,
such as Shaken Baby Awareness Week, to the extent possible.
(2) Public service announcements and advertisements.
(3) Dissemination of effective prevention practices and
techniques to parents and care givers, and to maternity
hospitals, child care centers, organizations providing prenatal
and postnatal care, and organizations providing parenting
education and support services.
(c) Meetings With Advocacy Community.--The Secretary of Health and
Human Services, working with all relevant components, shall establish
biannual meetings with Shaken Baby Syndrome advocacy groups, parenting
support communities, organizations involved in child protection and
child maltreatment prevention, and other Federal and State agencies
that are or should be involved in prevention activities, including the
Joint Commission on the Accreditation of Healthcare Organizations.
(d) Support for Parents of Surviving Children.--The Secretary of
Health and Human Services, along with its components, the Shaken Baby
Syndrome advocacy community, parenting support communities,
organizations involved in child protection and child maltreatment
prevention, as well as professional associations and institutions
involved in medical research and treatment shall work to provide
effective support for the parents of surviving children who suffer
serious brain injuries as the result of shaking, especially during the
traumatic period immediately following the shaking event, when parents
most need support.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$5,000,000 for fiscal year 2007. | Shaken Baby Syndrome Prevention Act - Requires the Secretary of Health and Human Services to develop and implement a public information and educational campaign to inform the public, new parents, child care providers, and other care givers of young children about: (1) brain injuries and other harmful effects that may result from shaking infants and children under five years of age; and (2) healthy strategies to cope with a crying baby and related frustrations. Directs that such campaign include dissemination of effective prevention practices and techniques to parents, care givers, maternity hospitals, child care centers, organizations providing prenatal and postnatal care, and organizations providing parenting education and support services.
Requires the Secretary to establish biannual meetings with Shaken Baby Syndrome advocacy groups, parenting support communities, organizations involved in child protection and child maltreatment prevention, and other federal and state agencies involved in prevention activities. Directs the Secretary and such entities to provide support for the parents of surviving children who suffer serious brain injuries as the result of shaking. | {"src": "billsum_train", "title": "To enhance Federal efforts focused on increasing public awareness of the risks and dangers associated with Shaken Baby Syndrome."} | 1,272 | 212 | 0.431203 | 1.477763 | 0.644475 | 6.240838 | 6.434555 | 0.963351 |
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family Opportunity
Act of 2004'' or the ``Dylan Lee James Act''.
(b) Amendments to Social Security Act.--Except as otherwise
specifically provided, whenever in this Act an amendment is expressed
in terms of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Social Security Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; amendments to Social Security Act; table of
contents.
Sec. 2. Opportunity for families of disabled children to purchase
medicaid coverage for such children.
Sec. 3. Treatment of inpatient psychiatric hospital services for
individuals under age 21 in home or
community-based services waivers.
Sec. 4. Development and support of family-to-family health information
centers.
Sec. 5. Restoration of medicaid eligibility for certain SSI
beneficiaries.
SEC. 2. OPPORTUNITY FOR FAMILIES OF DISABLED CHILDREN TO PURCHASE
MEDICAID COVERAGE FOR SUCH CHILDREN.
(a) State Option To Allow Families of Disabled Children To Purchase
Medicaid Coverage for Such Children.--
(1) In general.--Section 1902 (42 U.S.C. 1396a) is
amended--
(A) in subsection (a)(10)(A)(ii)--
(i) by striking ``or'' at the end of
subclause (XVII);
(ii) by adding ``or'' at the end of
subclause (XVIII); and
(iii) by adding at the end the following
new subclause:
``(XIX) who are disabled children
described in subsection (cc)(1);''; and
(B) by adding at the end the following new
subsection:
``(cc)(1) Individuals described in this paragraph are individuals--
``(A) who have not attained 18 years of age;
``(B) who would be considered disabled under section
1614(a)(3)(C) but for having earnings or deemed income or
resources (as determined under title XVI for children) that
exceed the requirements for receipt of supplemental security
income benefits; and
``(C) whose family income does not exceed such income level
as the State establishes and does not exceed--
``(i) 250 percent of the poverty line (as defined
in section 2110(c)(5)) applicable to a family of the
size involved; or
``(ii) such higher percent of such poverty line as
a State may establish, except that--
``(I) any medical assistance provided to an
individual whose family income exceeds 250
percent of such poverty line may only be
provided with State funds; and
``(II) no Federal financial participation
shall be provided under section 1903(a) for any
medical assistance provided to such an
individual.''.
(2) Interaction with employer-sponsored family coverage.--
Section 1902(cc) (42 U.S.C. 1396a(cc)), as added by paragraph
(1)(B), is amended by adding at the end the following new
paragraph:
``(2)(A) If an employer of a parent of an individual described in
paragraph (1) offers family coverage under a group health plan (as
defined in section 2791(a) of the Public Health Service Act), the State
shall--
``(i) require such parent to apply for, enroll in, and pay
premiums for, such coverage as a condition of such parent's
child being or remaining eligible for medical assistance under
subsection (a)(10)(A)(ii)(XIX) if the parent is determined
eligible for such coverage and the employer contributes at
least 50 percent of the total cost of annual premiums for such
coverage; and
``(ii) if such coverage is obtained--
``(I) subject to paragraph (2) of section 1916(h),
reduce the premium imposed by the State under that
section in an amount that reasonably reflects the
premium contribution made by the parent for private
coverage on behalf of a child with a disability; and
``(II) treat such coverage as a third party
liability under subsection (a)(25).
``(B) In the case of a parent to which subparagraph (A) applies, a
State, subject to paragraph (1)(C)(ii), may provide for payment of any
portion of the annual premium for such family coverage that the parent
is required to pay. Any payments made by the State under this
subparagraph shall be considered, for purposes of section 1903(a), to
be payments for medical assistance.''.
(b) State Option To Impose Income-Related Premiums.--Section 1916
(42 U.S.C. 1396o) is amended--
(1) in subsection (a), by striking ``subsection (g)'' and
inserting ``subsections (g) and (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) With respect to disabled children provided medical
assistance under section 1902(a)(10)(A)(ii)(XIX), subject to paragraph
(2), a State may (in a uniform manner for such children) require the
families of such children to pay monthly premiums set on a sliding
scale based on family income.
``(2) A premium requirement imposed under paragraph (1) may only
apply to the extent that--
``(A) in the case of a disabled child described in that
paragraph whose family income does not exceed 250 percent of
the poverty line, the aggregate amount of such premium and any
premium that the parent is required to pay for family coverage
under section 1902(cc)(2)(A)(i) does not exceed 7.5 percent of
the family's income; and
``(B) the requirement is imposed consistent with section
1902(cc)(2)(A)(ii)(I).
``(3) A State shall not require prepayment of a premium imposed
pursuant to paragraph (1) and shall not terminate eligibility of a
child under section 1902(a)(10)(A)(ii)(XIX) for medical assistance
under this title on the basis of failure to pay any such premium until
such failure continues for a period of not less than 60 days from the
date on which the premium became past due. The State may waive payment
of any such premium in any case where the State determines that
requiring such payment would create an undue hardship.''.
(c) Conforming Amendment.--Section 1903(f)(4) (42 U.S.C.
1396b(f)(4)) is amended in the matter preceding subparagraph (A), by
inserting ``1902(a)(10)(A)(ii)(XIX),'' after
``1902(a)(10)(A)(ii)(XVIII),''.
(d) Rule of Construction.--Notwithstanding any other provision of
law, nothing in the amendments made by this section shall be construed
as permitting the application of the enhanced FMAP (as defined in
section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) to
expenditures that are attributable to disabled children provided
medical assistance under section 1902(a)(10)(A)(ii)(XIX) of such Act
(42 U.S.C. 1396a(a)(10)(A)(ii)(XIX)) (as added by subsection (a) of
this section).
(e) Effective Date.--The amendments made by this section shall
apply to medical assistance for items and services furnished on or
after October 1, 2006.
SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR
INDIVIDUALS UNDER AGE 21 IN HOME OR COMMUNITY-BASED
SERVICES WAIVERS.
(a) In General.--Section 1915(c) (42 U.S.C. 1396n(c)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting ``, or
would require inpatient psychiatric hospital services
for individuals under age 21,'' after ``intermediate
care facility for the mentally retarded''; and
(B) in the second sentence, by inserting ``, or
would require inpatient psychiatric hospital services
for individuals under age 21'' before the period;
(2) in paragraph (2)(B), by striking ``or services in an
intermediate care facility for the mentally retarded'' each
place it appears and inserting ``services in an intermediate
care facility for the mentally retarded, or inpatient
psychiatric hospital services for individuals under age 21'';
(3) in paragraph (2)(C)--
(A) by inserting ``, or who are determined to be
likely to require inpatient psychiatric hospital
services for individuals under age 21,'' after ``, or
intermediate care facility for the mentally retarded'';
and
(B) by striking ``or services in an intermediate
care facility for the mentally retarded'' and inserting
``services in an intermediate care facility for the
mentally retarded, or inpatient psychiatric hospital
services for individuals under age 21''; and
(4) in paragraph (7)(A)--
(A) by inserting ``or would require inpatient
psychiatric hospital services for individuals under age
21,'' after ``intermediate care facility for the
mentally retarded,''; and
(B) by inserting ``or who would require inpatient
psychiatric hospital services for individuals under age
21'' before the period.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to medical assistance provided on or after October 1,
2006.
SEC. 4. DEVELOPMENT AND SUPPORT OF FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
Section 501 (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(c)(1)(A) For the purpose of enabling the Secretary (through
grants, contracts, or otherwise) to provide for special projects of
regional and national significance for the development and support of
family-to-family health information centers described in paragraph
(2)--
``(i) there is appropriated to the Secretary, out of any
money in the Treasury not otherwise appropriated--
``(I) $3,000,000 for fiscal year 2006;
``(II) $4,000,000 for fiscal year 2007; and
``(III) $5,000,000 for fiscal year 2008; and
``(ii) there is authorized to be appropriated to the
Secretary, $5,000,000 for each of fiscal years 2009 and 2010.
``(B) Funds appropriated or authorized to be appropriated under
subparagraph (A) shall--
``(i) be in addition to amounts appropriated under
subsection (a) and retained under section 502(a)(1) for the
purpose of carrying out activities described in subsection
(a)(2); and
``(ii) remain available until expended.
``(2) The family-to-family health information centers described in
this paragraph are centers that--
``(A) assist families of children with disabilities or
special health care needs to make informed choices about health
care in order to promote good treatment decisions, cost-
effectiveness, and improved health outcomes for such children;
``(B) provide information regarding the health care needs
of, and resources available for, children with disabilities or
special health care needs;
``(C) identify successful health delivery models for such
children;
``(D) develop with representatives of health care
providers, managed care organizations, health care purchasers,
and appropriate State agencies a model for collaboration
between families of such children and health professionals;
``(E) provide training and guidance regarding caring for
such children;
``(F) conduct outreach activities to the families of such
children, health professionals, schools, and other appropriate
entities and individuals; and
``(G) are staffed by families of children with disabilities
or special health care needs who have expertise in Federal and
State public and private health care systems and health
professionals.
``(3) The Secretary shall develop family-to-family health
information centers described in paragraph (2) in accordance with the
following:
``(A) With respect to fiscal year 2006, such centers shall
be developed in not less than 25 States.
``(B) With respect to fiscal year 2007, such centers shall
be developed in not less than 40 States.
``(C) With respect to fiscal year 2008, such centers shall
be developed in all States.
``(4) The provisions of this title that are applicable to the funds
made available to the Secretary under section 502(a)(1) apply in the
same manner to funds made available to the Secretary under paragraph
(1)(A).
``(5) For purposes of this subsection, the term `State' means each
of the 50 States and the District of Columbia.''.
SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY FOR CERTAIN SSI
BENEFICIARIES.
(a) In General.--Section 1902(a)(10)(A)(i)(II) (42 U.S.C.
1396a(a)(10)(A)(i)(II)) is amended--
(1) by inserting ``(aa)'' after ``(II)'';
(2) by striking ``) and'' and inserting ``and'';
(3) by striking ``section or who are'' and inserting
``section), (bb) who are''; and
(4) by inserting before the comma at the end the following:
``, or (cc) who are under 21 years of age and with respect to
whom supplemental security income benefits would be paid under
title XVI if subparagraphs (A) and (B) of section 1611(c)(7)
were applied without regard to the phrase `the first day of the
month following'''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to medical assistance for items and services furnished on or
after January 1, 2006.
Passed the Senate May 6, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Family Opportunity Act of 2004 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) give States the option of allowing families of disabled children to purchase Medicaid coverage for them; and (2) add to the list of persons eligible for Medicaid home and community-based service waiver programs individuals under 21 years of age requiring inpatient psychiatric hospital services.
Amends SSA title V (Maternal and Child Health Services) to: (1) make appropriations to the Secretary of Health and Human Services for FY 2005 through 2007; and (2) authorize appropriations to the Secretary for FY 2008 and 2009 for special projects of regional and national significance for development and support of family-to-family health information centers.
Amends SSA title XIX to confer Medicaid eligibility to persons who are under age 21 and who are eligible for SSI, effective on the later of: (1) the date the application was filed; or (2) the date the individual became eligible for SSI. | {"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to provide families of disabled children with the opportunity to purchase coverage under the medicaid program for such children, and for other purposes."} | 3,262 | 222 | 0.618687 | 1.703962 | 0.853953 | 2.711443 | 13.920398 | 0.860697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Voices on TV Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The newly created class A television service provides
valuable local and specialized television service to unserved
and underserved audiences throughout the United States, and for
that reason Congress enacted the Community Broadcasters
Protection Act of 1999 to provide permanent broadcast licenses
to television stations providing such service.
(2) It was the purpose of the Community Broadcasters
Protection Act of 1999 to provide continuing opportunities for
low power television broadcast stations to qualify for and be
granted class A licenses, especially where those licenses could
provide local programming and local voices to underserved urban
and rural communities.
(3) This new television service was created seven years
after the enactment of the Cable Television Consumer Protection
and Competition Act of 1992 (Public Law 102-385), and while
that Act includes licenses for class A television service under
the provisions relating to low power broadcast television, it
does not reflect the fact that such stations operate as full-
service, commercial broadcast television stations under part 73
of title 47, Code of Federal Regulations (the rules of the
Federal Communications Commission for full power television
stations) and provide significant local programming to their
underserved communities often equaling in duration that
provided by the major networks in other small markets.
(4) Thirteen of the largest 25 Hispanic markets in the
United States receive Spanish language network programming
through low power television stations. The provisions of the
Cable Television Consumer Protection and Competition Act of
1992 that exclude from mandatory carriage on cable television
any low power television broadcast station within the largest
160 Metropolitan Statistical Areas deny equitable cable
carriage opportunities for such television stations and other
television stations serving specialized and other underserved
urban communities.
(5) In 1992, Congress believed that requirements for
mandatory carriage on cable television were necessary to ensure
the benefits of the local origination of programming. Today,
such provisions are also necessary to ensure the benefits of
the local programming provided by qualified class A television
stations.
(6) Must-carry rights are often challenged on issues of
signal quality and strength. If qualified class A television
broadcast stations and other low power television stations use
industry standard equipment in delivering signals to the cable
headends, cable operators should accept any equipment provided
and paid for by such television stations so long as acceptance
of such equipment does not negatively impact the operation of
cable systems.
SEC. 3. CABLE TELEVISION CARRIAGE REQUIREMENTS REGARDING CLASS A LOCAL
TELEVISION SERVICE.
(a) In General.--Section 614 of the Communications Act of 1934 (47
U.S.C. 534) is amended--
(1) in subsection (b)(2)(A)--
(A) by inserting ``or qualified class A station''
after ``qualified low power station''; and
(B) by inserting ``full power analog or digital''
after ``in lieu of a'';
(2) in subsection (b)(4), by inserting ``and qualified low
power stations'' after ``local commercial television stations''
each place it appears in subparagraphs (A) and (B);
(3) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) by inserting ``or one qualified class A
station'' after ``qualified low power
station''; and
(ii) by striking ``and'' at the end;
(B) by striking subparagraph (B) and inserting the
following new subparagraphs (B) and (C):
``(B) a cable operator of a cable system with a
capacity of more than 35 usable activated 6 mHz
channels, but fewer than 72 such channels, shall be
required to carry two stations that are either
qualified class A stations or other qualified low power
stations; and
``(C) a cable operator of a cable system with a
capacity of 72 or more usable activated 6 mHz channels
shall be required to carry three stations that are
either qualified class A stations or other qualified
low power stations.''; and
(iii) by adding after subparagraph (C), as
so added, the following new flush matter:
``If there are three or fewer commercial full power stations
serving a designated market area that do not substantially
retransmit the signal of another broadcast station, all
qualified class A stations in the designated market area shall
be granted carriage rights, except that the number of class A
stations that a cable operator is required to carry under this
sentence shall not exceed the national average number of
broadcast stations that a cable operator is required to carry
in television markets in the United States.''; and
(4) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``or qualified
class A station'' after ``full power
television broadcast station''; and
(II) by inserting ``or granted''
after ``assigned to its community'';
and
(ii) in subparagraph (B)--
(I) in clause (i), by inserting
``(other than qualified class A
stations)'' after ``low power
television stations''; and
(II) in clauses (ii) and (iii), by
inserting ``or qualified low power
station'' after ``television broadcast
station''; and
(B) by adding at the end the following new
paragraph:
``(3) Qualified class a station.--
``(A) In general.--The term `qualified class A
station' means a class A television station, or a
station certified as a class A television station under
section 336(f)(1)(B), that--
``(i) operates in accordance with part 73
of title 47, Code of Federal Regulations, as
prescribed for class A licensed stations;
``(ii) regularly broadcasts--
``(I) a minimum of 3 hours per week
in the first year after the date of
enactment of the Local Voices on TV Act
of 2003, 5 hours per week in the second
year after such date of enactment, and
8 hours per week in the third year
after such date of enactment and
thereafter, of local programming
produced within the Grade B contour of
such station; or
``(II) for a group of commonly
controlled class A stations, a minimum
of 3 hours per week in the first year
after such date of enactment, 5 hours
per week in the second year after such
date of enactment, and 8 hours per week
in the third year after such date of
enactment and thereafter, of local
programming produced within the grade B
contour of the stations in such a
group, but not to exceed the designated
market area of the main studio of such
a group;
``(iii) meets all obligations and
requirements applicable to television broadcast
stations under part 73 of title 47, Code of
Federal Regulations, with respect to the
broadcast of nonentertainment programming;
programming and rates involving political
candidates, election issues, controversial
issues of public importance, editorials, and
personal attacks; programming for children; and
equal employment opportunity; and
``(iv) maintains a fully operational amber
alert system, as part of a national missing
person broadcast emergency response.
``(B) Main studio.--For purposes of subparagraph
(A), the main studio of a qualified class A station, or
group of stations, shall be located within the grade B
contour of the qualified class A station, or group of
stations, or within 15 miles of the city or cities of
license, whichever is greater.
``(C) Market determinations.--For purposes of
subparagraph (A), the market of a qualified class A
station shall be determined by the grade B contour of
such station or 35 miles from the cable system's
headend, whichever is greater. However, the market of
such a station shall be further adjusted to ensure
cable carriage rights where 15 percent or more of the
station's grade B contour is on a cable system's
headend outside the grade B contour of that station or
where previous service to a community was lost through
digital television displacements or other spectrum
reallocations since January 1, 1996.''.
(b) Construction.--Nothing in the amendments to section 614 of the
Communications Act of 1934 made by subsection (a) of this section shall
diminish the must-carry rights of any class A or other low power
television broadcast station outside the largest 160 Metropolitan
Statistical Areas of the United States as of June 30, 1990.
SEC. 4. IMPLEMENTATION OF COMMUNITY BROADCASTERS PROTECTION ACT OF
1999.
(a) Regulations for Treatment of Low-Power Television Broadcast
Stations as Class A Stations.--
(1) Deadline for regulations.--Not later than 12 months
after the date of the enactment of this Act, the Federal
Communications Commission shall prescribe regulations to
implement the provisions of section 336(f)(2)(B) of the
Communications Act of 1934 (47 U.S.C. 336(f)(2)(B)) that
provide for the application and granting of new class A
television licenses. Such regulations shall provide class A
eligibility standards for low power stations that had valid
licenses for such stations on December 29, 1999.
(2) Satisfaction of public interest, convenience, and
necessity.--The regulations under paragraph (1) shall require
that the Commission consider, in determining whether the
treatment of a low-power television station as a class A
station would meet the public interest, convenience, and
necessity, the extent to which the low-power television station
would--
(A) advance the benefits of free over-the-air
broadcast television; and
(B) promote the widespread dissemination of
information from a multiplicity of sources.
(b) Acceptance of Applications of Advanced Television Services.--
Section 336(f)(4) of the Communications Act of 1934 (47 U.S.C.
336(f)(4)) is amended by inserting after the first sentence the
following new sentence: ``The Commission shall promptly review each
such license application, and if the Commission determines that the
proposed facilities meet the requirements of the preceding sentence
shall grant such license application not later than 60 days after the
date of such determination.''. | Local Voices on TV Act of 2003 - Amends the Communications Act of 1934 to prohibit a cable television operator (operator) from carrying the signal of a qualified class A television station (a station that provides local and specialized service and meets certain other requirements) in lieu of a full power analog or digital local commercial station. Requires that, if there are not sufficient signals of full power local commercial stations to fill the channels set aside for local programming, an operator with a system capacity of 35 or fewer channels must carry one qualified low power station (current law) or one qualified class A station. Requires: (1) an operator with a system capacity of more than 35 but less than 72 channels to carry two stations that are either class A or low power stations; and (2) an operator with a system capacity of more than 72 channels to carry three that are either type of stations. Grants carriage rights to all qualified class A stations in a designated market area if there are three or fewer commercial full power stations serving that area that do not substantially retransmit the signal of another broadcast station.Requires the Federal Communications Commission (FCC) to prescribe regulations to implement provisions for the application and granting of new class A television licenses in accordance with the Community Broadcasters Protection Act of 1999. Directs the FCC to consider whether the treatment of a low-power station as a class A station would meet the public interest, convenience, and necessity.Requires prompt FCC review and determination with respect to applications of advanced television services. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to ensure equity for all full-service television broadcasters and ensure the benefits of local programming for communities served by class A television broadcast stations by providing cable carriage rights for qualified class A television stations, and for other purposes."} | 2,285 | 337 | 0.595602 | 1.576017 | 0.778002 | 3.437288 | 7.223729 | 0.915254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Veterans Credit Act of
2018''.
SEC. 2. PURPOSE.
The purpose of this Act is to rectify problematic reporting of
medical debt included in a consumer report of a veteran due to
inappropriate or delayed payment for hospital care, medical services,
or extended care services provided in a non-Department of Veterans
Affairs facility under the laws administered by the Secretary of
Veterans Affairs.
SEC. 3. AMENDMENTS TO FAIR CREDIT REPORTING ACT.
(a) Veteran's Medical Debt Defined.--Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the
following:
``(z) Veteran.--The term `veteran' has the meaning given the term
in section 101 of title 38, United States Code.
``(aa) Veteran's Medical Debt.--The term `veteran's medical debt'--
``(1) means a medical collection debt of a veteran owed to
an eligible non-Department of Veterans Affairs health care
provider that was submitted to the Department for payment for
health care authorized by the Department of Veterans Affairs;
and
``(2) includes medical collection debt that the Department
of Veterans Affairs has wrongfully charged a veteran.''.
(b) Exclusion for Veteran's Medical Debt.--Section 605(a) of the
Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at
the end the following:
``(7) Any information related to a veteran's medical debt
if the date on which the hospital care, medical services, or
extended care services was rendered relating to the debt
antedates the report by less than one year if the consumer
reporting agency has actual knowledge that the information is
related to a veteran's medical debt and the consumer reporting
agency is in compliance with its obligation under section 4(e)
of the Protecting Veterans Credit Act of 2018.
``(8) Any information related to a fully paid or settled
veteran's medical debt that had been characterized as
delinquent, charged off, or in collection if the consumer
reporting agency has actual knowledge that the information is
related to a veteran's medical debt and the consumer reporting
agency is in compliance with its obligation under section 4(e)
of the Protecting Veterans Credit Act of 2018.''.
(c) Update to Summary of Rights.--Section 609(c)(1)(B) of the Fair
Credit Reporting Act (15 U.S.C. 1681g(c)(1)(B)) is amended--
(1) in clause (v), by striking ``and'' at the end;
(2) in clause (vi), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(vii) the right of a veteran to dispute
the inclusion of veteran's medical debt under
section 611.''.
(d) Removal of Veteran's Medical Debt From Consumer Report.--
Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681i) is
amended--
(1) in subsection (a)(1)(A), by inserting ``and except as
provided in subsection (g)'' after ``subsection (f)''; and
(2) by adding at the end the following:
``(g) Dispute Process for Veteran's Medical Debt.--
``(1) In general.--With respect to a veteran's medical
debt, the veteran may submit a notice described in paragraph
(2), proof of liability of the Department of Veterans Affairs
for payment of that debt, or documentation that the Department
of Veterans Affairs is in the process of making payment for
authorized hospital care, medical services, or extended care
services rendered to a consumer reporting agency or a reseller
to dispute the inclusion of that debt on a consumer report of
the veteran.
``(2) Notification to veteran.--The Department of Veterans
Affairs shall submit to a veteran, not later than 30 days after
the Department of Veterans Affairs assumes such liability, a
written notice that the Department of Veterans Affairs has
assumed liability for part or all of a veteran's medical debt.
``(3) Deletion of information from file.--If a consumer
reporting agency receives notice, proof of liability, or
documentation under paragraph (1), the consumer reporting
agency, not later than 30 days after receipt, and free of
charge to the veteran, shall delete all information relating to
the veteran's medical debt from the file of the veteran and
notify the furnisher and the veteran of that deletion.''.
SEC. 4. VERIFICATION OF VETERAN'S MEDICAL DEBT.
(a) Definitions.--For purposes of this section--
(1) the term ``consumer reporting agency'' means a consumer
reporting agency described in section 603(p) or 603(x) of the
Fair Credit Reporting Act (15 U.S.C. 1681a); and
(2) the terms ``veteran'' and ``veteran's medical debt''
have the meanings given those terms in section 603 of the Fair
Credit Reporting Act (15 U.S.C. 1681a), as added by section
3(a) of this Act.
(b) Establishment.--Not later than one year after the date of
enactment of this Act, the Secretary of Veterans Affairs shall
establish a database to allow consumer reporting agencies to verify
whether a debt furnished to a consumer reporting agency is a veteran's
medical debt.
(c) Database Features.--
(1) In general.--The Secretary of Veterans Affairs shall
ensure that the database established under subsection (b), to
the extent permitted by law, provides consumer reporting
agencies with--
(A) sufficiently detailed and specific information
to verify whether a debt being furnished to the
consumer reporting agency is a veteran's medical debt;
(B) access to verification information in a secure
electronic format;
(C) timely access to verification information; and
(D) any other features that would promote the
efficient, timely, and secure delivery of information
that consumer reporting agencies could use to verify
whether a debt is a veteran's medical debt.
(2) Security and confidentiality.--The Secretary shall
ensure that, in maintaining and allowing access to the database
established under subsection (b), the security and
confidentiality of nonpublic personal information is
maintained.
(d) Stakeholder Input.--Prior to establishing the database for
verification under subsection (b), the Secretary of Veterans Affairs
shall publish in the Federal Register a notice and request for comment
that solicits input from the public.
(e) Verification.--Provided the database established under
subsection (b) is fully functional and the data available to consumer
reporting agencies, a consumer reporting agency shall use the database
as a means to identify a veteran's medical debt pursuant to paragraphs
(7) and (8) of section 605(a) of the Fair Credit Reporting Act (15
U.S.C. 1681c(a)), as added by section (3)(b) of this Act.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is one year after the date of enactment of this Act. | Protecting Veterans Credit Act of 2018 This bill amends the Fair Credit Reporting Act to limit, and establish a dispute process and verification procedures with respect to, the inclusion of a veteran's medical debt in a consumer credit report. | {"src": "billsum_train", "title": "Protecting Veterans Credit Act of 2017"} | 1,621 | 51 | 0.603385 | 1.404858 | 0.673703 | 2.822222 | 32.022222 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers' Cancer Research Funding
Act of 2005''.
SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE
CANCER RESEARCH FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE
CANCER RESEARCH FUND
``Sec. 6098. Designation to Breast and Prostate Cancer Research Fund.
``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND.
``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $5
or more may designate that $5 shall be paid over to the Breast and
Prostate Cancer Research Fund in accordance with the provisions of
section 9511. In the case of a joint return of husband and wife having
an adjusted income tax liability of $10 or more, each spouse may
designate that $5 shall be paid to the fund.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.''
(b) Breast and Prostate Cancer Research Fund.--Subchapter A of
chapter 98 of such Code (relating to establishment of trust funds) is
amended by adding at the end the following new section:
``SEC. 9511. BREAST AND PROSTATE CANCER RESEARCH FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Breast and
Prostate Cancer Research 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 Breast and Prostate Cancer Research Fund amounts equivalent to the
amounts designated under section 6098.
``(c) Expenditures.--Amounts in the Breast and Prostate Cancer
Research Fund shall be available, as provided in appropriation Acts,
for purposes of making qualified research grants, to the extent that
such amounts exceed the aggregate of all Federal administrative costs
attributable to the implementation of section 6098, subsections (a) and
(b) of this section, and (with respect to such fund) section 9602. Such
amounts shall be used to supplement, not supplant, existing funding for
research with respect to breast and prostate cancer.
``(d) Qualified Research Grants.--
``(1) In general.--For purposes of subsection (c), the term
`qualified research grant' means a grant, to a qualified person
selected by the National Cancer Institute of the National
Institutes of Health by qualified peer review, for the purpose
of conducting research with respect to breast or prostate
cancer. Such a grant shall be administered by such National
Cancer Institute and the amount of such grant shall be
determined by such Institute.
``(2) Qualified peer review.--For purposes of paragraph
(1), the term `qualified peer review' means peer review
described in sections 492 and 492A of the Public Health Service
Act.''
(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 Income Tax Payments to Breast and Prostate
Cancer Research Fund''.
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9511. Breast and Prostate Cancer Research Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Taxpayers' Cancer Research Funding Act of 2005 - Amends the Internal Revenue Code to allow taxpayers to designate on their tax returns a $5 contribution to the Breast and Prostate Cancer Research Fund ($10 for joint returns).
Establishes in the Treasury the Breast and Prostate Cancer Research Fund to award grants for breast or prostate cancer research. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish and provide a checkoff for a Breast and Prostate Cancer Research Fund, and for other purposes."} | 1,192 | 75 | 0.527438 | 1.213651 | 0.866917 | 2.738462 | 16.061538 | 0.892308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Region National Heritage Area
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania, with
numerous sites and districts listed on the National Register of
Historic Places, and designated by the Governor of Pennsylvania
as one of the State Heritage Park Areas, is a region with
tremendous physical and natural resources and possesses a story
of State, national, and international significance.
(2) The single event of Colonel Edwin Drake's drilling of
the world's first successful oil well in 1859 has affected the
industrial, natural, social, and political structures of the
modern world.
(3) Six national historic districts are located within the
State Heritage Park boundary, in Emlenton, Franklin, Oil City,
and Titusville, as well as 17 separate National Register sites.
(4) The Allegheny River, which was designated as a
component of the national wild and scenic rivers system in 1992
by Public Law 102-271, traverses the Oil Region and connects
several of its major sites, as do some of the river's
tributaries such as Oil Creek, French Creek, and Sandy Creek.
(5) The unspoiled rural character of the Oil Region
provides many natural and recreational resources, scenic
vistas, and excellent water quality for people throughout the
United States to enjoy.
(6) Remnants of the oil industry, visible on the landscape
to this day, provide a direct linkage to the past for visitors,
as do the historic valley settlements, riverbed settlements,
plateau developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross-section of
American history associated with Native Americans, frontier
settlements, the French and Indian War, African-Americans and
the Underground Railroad, and immigration of Swedish and Polish
individuals, among others.
(8) Involvement by the Federal Government will serve to
enhance the efforts of the Commonwealth of Pennsylvania, local
subdivisions of the Commonwealth of Pennsylvania, volunteer
organizations, and private businesses, to promote the cultural,
national, and recreational resources of the region in order to
fulfill their full potential.
(b) Purpose.--The purpose of this Act is to enhance a cooperative
management framework to assist the Commonwealth of Pennsylvania, its
units of local government, and area citizens in retaining, enhancing,
and interpreting the significant features of the lands, water, and
structures of the Oil Region, in a manner consistent with positive
economic impact and development for the benefit and inspiration of
present and future generations in the Commonwealth of Pennsylvania and
the United States.
SEC. 3. OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Oil Region
National Heritage Area (in this Act referred to as the ``Heritage
Area'').
(b) Boundaries.--The Heritage Area shall be comprised of all or
parts of the counties of Venango and Crawford in Pennsylvania,
determined pursuant to the compact under section 4.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Oil Heritage Region, Inc., the locally based private,
nonprofit management corporation which will oversee the development of
the Oil Region National Heritage Park, as described in the ``Plan for
the Oil Region Heritage Park'', dated March 1994 (in this Act referred
to as the ``management entity'').
SEC. 4. COMPACT.
To carry out the purposes of this Act, the Secretary of the
Interior (in this Act referred to as the ``Secretary'') shall enter
into a compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including each of the following:
(1) A delineation of the boundaries of the Heritage Area.
(2) A discussion of the goals and objectives of the
Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the
Secretary and management entity.
SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT
ENTITY.
(a) Authorities of the Management Entity.--The management entity
may, for purposes of preparing and implementing the management plan
developed under subsection (b), use funds made available through this
Act for the following:
(1) To make loans and grants to, and enter into cooperative
agreements with States and their political subdivisions,
private organizations, or any other person.
(2) To hire and compensate staff.
(b) Management Plan.--
(1) In general.--The management entity shall develop a
management plan for the Heritage Area that--
(A) presents comprehensive recommendations for the
Heritage Area's conservation, funding, management, and
development;
(B) takes into consideration existing State,
county, and local plans and involve residents, public
agencies, and private organizations working in the
Heritage Area;
(C) includes actions to be undertaken by units of
government and private organizations to protect the
resources of the Heritage Area; and
(D) specifies the existing and potential sources of
funding to protect, manage, and develop the Heritage
Area.
(2) Required provisions.--The management plan shall include
the following:
(A) An inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the themes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of its
natural, cultural, historic, recreational, or scenic
significance.
(B) A recommendation of policies for resource
management which considers and details application of
appropriate land and water management techniques,
including, but not limited to, the development of
intergovernmental and interagency cooperative
agreements to protect the Heritage Area's historical,
cultural, recreational, and natural resources in a
manner consistent with supporting appropriate and
compatible economic viability.
(C) A program for implementation of the management
plan by the management entity, including plans for
restoration and construction, and specific commitments
for that implementation that have been made by the
management entity and any other persons for the first 5
years of implementation.
(D) An analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act.
(E) An interpretation plan for the Heritage Area.
(3) Deadline; termination of funding.--
(A) The management entity shall submit the
management plan to the Secretary within 1 year after
the date of enactment of this Act.
(B) If a management plan is not submitted to the
Secretary in accordance with this subsection, the
management entity shall not qualify for Federal
assistance under this Act after the 1-year period
beginning on the date of enactment of this Act.
(c) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan, including actions to assist units
of government, regional planning organizations, and nonprofit
organizations in preserving the Heritage Area;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the natural, historical, and architectural
resources and sites in the Heritage Area;
(D) the restoration of any historic building
relating to the themes of the Heritage Area; and
(E) ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area;
(3) encourage by appropriate means economic viability in
the Heritage Area consistent with the goals of the plan;
(4) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(5) conduct public meetings at least annually regarding the
implementation of the management plan;
(6) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the Secretary's
approval;
(7) for any year in which Federal funds have been provided
to implement the management plan under subsection (b)--
(A) submit an annual report to the Secretary
setting forth its accomplishments, its expenses and
income, and each person to which any loan or grant was
made by the management entity in the year for which the
report is made; and
(B) require, for all agreements entered into by the
management entity authorizing expenditure of Federal
funds by any other person, that the person making the
expenditure make available to the management entity for
audit all records pertaining to the expenditure of such
funds.
(d) Prohibition on the Acquisition of Real Property.--
(1) In general.--The management entity may not use Federal
funds received under this Act to acquire real property or an
interest in real property.
(2) Limitation.--Nothing in this Act shall preclude the
management entity from using Federal funds from other sources
for their authorized purposes.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon request of the
management entity, provide technical and, subject to the
availability of appropriations, financial assistance to the
management entity to develop and implement a management plan
that is submitted under section 5(b) and approved by the
Secretary.
(2) Priority.--In assisting the management entity, the
Secretary shall give priority to actions that in general assist
in--
(A) conserving the significant natural, historic,
and cultural resources that support the themes of the
management plan; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the
resources and associated values of the Heritage Area.
(3) Documentation of structures, etc.--The Secretary,
acting through the Historic American Building Survey and the
Historic American Engineering Record, shall conduct studies
necessary to document the industrial, engineering, building,
and architectural history of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--The Secretary,
in consultation with the Governor of Pennsylvania, shall approve or
disapprove a management plan submitted under this Act not later than 90
days after receiving such plan.
(c) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions in the plan. The Secretary shall approve
or disapprove a proposed revision within 90 days after the date it is
submitted.
(d) Approving Changes.--The Secretary shall review amendments to
the management plan under section 5(b) that make substantial changes
required to be submitted under section 5(c)(6). Funds appropriated
under the authority of this Act may not be expended to implement such
changes until the Secretary approves the amendments.
SEC. 7. SUNSET.
The Secretary may not make any grant or provide any assistance
under this Act after the expiration of the 10-year period beginning on
the date the Secretary approves a management plan submitted under
section 5(b).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated under this
Act--
(1) not more than $1,000,000 for any fiscal year; and
(2) Not more than a total of $10,000,000.
(b) 50 Percent Match.--Financial assistance provided under this Act
may not be used to pay more than 50 percent of the total cost of any
activity carried out with that assistance. | Requires the Oil Heritage Region, Inc., a locally based, private nonprofit management corporation, to be the management entity for the Heritage Area.
Directs the management entity to develop a management plan for the Heritage Area. Lists required plan elements and provides for submission of the plan to the Secretary of the Interior for approval. Disqualifies the management entity from eligibility for Federal assistance under this Act if the plan is not submitted within one year of this Act's enactment date.
Describes duties of the management entity. Bars the management entity from using Federal funds received under this Act to acquire real property.
Authorizes the Secretary, upon request of the management entity, to provide technical and, subject to the availability of appropriations, financial assistance to the management entity to develop and implement the management plan.
Directs the Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Heritage Area.
Sets forth procedures for management plan approval.
Bars assistance under this Act after the expiration of the ten-year period beginning on the date the Secretary approves the management plan.
Authorizes appropriations. Bars the use of assistance to pay more than 50 percent of an activity's total cost. | {"src": "billsum_train", "title": "Oil Region National Heritage Area Act"} | 2,461 | 278 | 0.466637 | 1.514074 | 0.712154 | 3.983936 | 9.690763 | 0.931727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Termination of Energy and Natural
Resource Tax Subsidies Act of 1995''.
SEC. 2. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT
COSTS AND OF MINING EXPLORATION AND DEVELOPMENT COSTS.
(a) Intangible Drilling and Development Costs.--Section 263(c) of
the Internal Revenue Code of 1986 is hereby repealed.
(b) Development Expenditures.--Section 616 of the Internal Revenue
Code of 1986 (relating to development expenditures) is hereby repealed.
(c) Exploration Expenditures.--Subsection (i) of section 617 of
such Code is amended to read as follows:
``(i) Termination.--No deduction shall be allowed under this
section for any expenditure paid or incurred in a taxable year
beginning after the date of the enactment of this subsection.''
(d) Conforming Amendments.--
(1) Paragraph (2) of section 56(a) of such Code is hereby
repealed.
(2) Subsection (a) of section 57 of such Code is amended by
striking paragraph (2).
(3) Paragraph (2) of section 59(e) of such Code is amended
by adding ``and'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting a
period, and by striking subparagraphs (C), (D), and (E).
(4) Subparagraph (A) of section 59(e)(5) of such Code is
amended by inserting before the period ``, as in effect before
the Termination of Energy and Natural Resource Tax Subsidies
Act of 1995''.
(5) Subsection (c) of section 193 of such Code is amended
to read as follows:
``(c) Application With Other Deductions.--No deduction shall be
allowed under subsection (a) with respect to any expenditure with
respect to which a deduction is allowed or allowable to the taxpayer
under any other provision of this chapter.''
(6) Paragraph (1) of section 263(a) of such Code is amended
by striking subparagraph (A) and by redesignating the
succeeding subparagraphs accordingly.
(7) Section 263 of such Code is amended by striking
subsection (i).
(8) Subsection (c) of section 263A of such Code is amended
by striking paragraph (3) and by redesignating the succeeding
paragraphs accordingly.
(9) Paragraph (5) of section 263A(c) of such Code, as
redesignated by paragraph (8), is amended by striking
``subparagraphs (B), (C), (D), and (E)'' and inserting
``subparagraph (B)''.
(10) Section 291 of such Code is amended by striking
subsection (b).
(11) Subsection (n) of section 312 of such Code is amended
by striking paragraph (2).
(12) Clause (i) of section 1254(a)(1)(A) of such Code is
amended--
(A) by inserting ``(as in effect before the
Termination of Energy and Natural Resource Tax
Subsidies Act of 1995)'' after ``617'', and
(B) by adding at the end the following: ``For
purposes of clause (i), any deduction under section
291(b)(2) (as in effect before the Termination of
Energy and Natural Resource Tax Subsidies Act of 1995)
shall be treated as a deduction allowable under section
263, 616, or 617 (whichever is appropriate).''
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act.
SEC. 3. REPEAL OF PERCENTAGE DEPLETION.
(a) In General.--Section 613 of the Internal Revenue Code of 1986
(relating to limitations on percentage depletion in case of oil and gas
wells) is amended by adding at the end the following new subsection:
``(f) Termination.--The allowance under section 611 shall be
determined without regard to this section for taxable years beginning
after the date of the enactment of this subsection.''
(b) Termination of Section 613A.--Section 613A of such Code is
amended by adding at the end the following new subsection:
``(f) Termination.--The allowance under section 611 shall be
determined without regard to this section for taxable years beginning
after the date of the enactment of this subsection.''
SEC. 4. REPEAL OF EXCEPTION FROM PASSIVE LOSS RULES FOR WORKING
INTERESTS IN OIL AND GAS PROPERTY.
(a) In General.--Section 469(c)(3) of the Internal Revenue Code of
1986 is hereby repealed.
(b) Conforming Amendment.--Paragraph (4) of section 469(c) of such
Code is amended by striking ``paragraphs (2) and (3)'' each place it
appears and inserting ``paragraph (2)''.
(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. 5. TERMINATION OF CREDIT FOR PRODUCING FUEL FROM NONCONVENTIONAL
SOURCE.
Section 29 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(h) Termination.--Notwithstanding any other provision of this
section, no credit shall be allowed under this section with respect to
any qualified fuels produced by a facility placed in service after the
date of the enactment of this subsection.''
SEC. 6. REPEAL OF TAX BENEFITS FOR ALCOHOL FUELS.
(a) Repeal of Alcohol Fuels Credit.--
(1) In general.--Section 40 of the Internal Revenue Code of
1986 (relating to alcohol used as fuel) is hereby repealed.
(2) Conforming amendments.--
(A) Subsection (b) of section 38 of such Code is
amended by striking paragraph (3) and by redesignating
the following paragraphs accordingly.
(B) Section 87 of such Code is hereby repealed.
(C) Subsection (c) of section 196 of such Code is
amended by striking paragraph (3) and by redesignating
the following paragraphs accordingly.
(D) Subsection (n) of section 6501 of such Code is
amended by striking ``40(f)''.
(E) The table of sections for subpart D of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 40.
(F) The table of sections for part II of subchapter
B of chapter 1 of such Code is amended by striking the
item relating to section 87.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act.
(b) Repeal of Reduced Fuel Tax Rates.--
(1) Gasoline and diesel fuel.--Section 4081 of such Code is
amended by striking subsection (c) and by redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively.
(2) Aviation fuel.--Section 4091 of such Code is amended by
striking subsection (c).
(3) Special motor fuels.--
(A) Section 4041 of such Code is amended by
striking subsections (k) and (m).
(B) Subsection (b) of section 4041 of such Code is
amended by striking paragraph (2).
(4) Conforming amendments.--
(A) Section 6427 of such Code is amended by
striking subsection (f).
(B) Subsection (i) of section 6427 of such Code is
amended by striking paragraph (3) and by redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively.
(C) Paragraph (4) of section 6427(i) of such Code,
as redesignated by subparagraph (B), is amended by
striking the last sentence of subparagraph (A) and
inserting the following new flush sentence:
``Notwithstanding subsection (l)(1), if the Secretary
has not paid pursuant to a claim filed under the
preceding sentence within 20 days of the date of the
filing of such claim, the claim shall be paid with
interest from such date determined by using the
overpayment rate and method under section 6621.''
(D) Section 9502 of such Code is amended by
striking subsection (e).
(E) Subsection (f) of section 9502 of such Code is
amended by striking paragraph (2) and by redesignating
paragraph (3) as paragraph (2).
(F) Subsection (b) of section 9503 of such Code is
amended by striking paragraph (5).
(G) Subsection (f) of section 9503 of such Code is
amended by striking paragraph (3) and by redesignating
paragraph (4) as paragraph (3).
(5) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act. | Termination of Energy and Natural Resource Tax Subsidies Act of 1995 - Amends the Internal Revenue Code to repeal the expensing of intangible drilling and development costs and of mining exploration and development costs. Repeals limitations on percentage depletion in the case of oil and gas wells. Repeals the exception from passive loss rules for working interest in oil and gas property. Terminates the credit for any qualified fuels produced from a nonconventional source. Repeals the alcohol fuels credit. Repeals the reduced fuel tax rates for certain fuels. | {"src": "billsum_train", "title": "Termination of Energy and Natural Resource Tax Subsidies Act of 1995"} | 2,074 | 125 | 0.496415 | 1.235796 | 0.572941 | 4.030303 | 18.313131 | 0.858586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sowing the Seeds Through Science and
Engineering Research Act''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR BASIC RESEARCH ACTIVITIES.
(a) National Science Foundation.--There are authorized to be
appropriated to the National Science Foundation for support of basic
research activities in the physical sciences, mathematics and computer
sciences, and engineering, $2,114,100,000 for fiscal year 2007,
$2,325,510,000 for fiscal year 2008, $2,558,060,000 for fiscal year
2009, $2,813,870,000 for fiscal year 2010, and $3,095,260,000 for
fiscal year 2011.
(b) Department of Energy.--There are authorized to be appropriated
to the Department of Energy's Office of Science for support of basic
research activities in the physical sciences, mathematics and computer
sciences, and engineering, $2,205,400,000 for fiscal year 2007,
$2,425,940,000 for fiscal year 2008, $2,668,530,000 for fiscal year
2009, $2,935,380,000 for fiscal year 2010, and $3,228,920,000 for
fiscal year 2011.
(c) National Aeronautics and Space Administration.--There are
authorized to be appropriated to the National Aeronautics and Space
Administration for support of basic research activities in the physical
sciences, mathematics and computer sciences, and engineering,
$1,669,700,000 for fiscal year 2007, $1,836,670,000 for fiscal year
2008, $2,020,340,000 for fiscal year 2009, $2,222,370,000 for fiscal
year 2010, and $2,444,610,000 for fiscal year 2011.
(d) National Institute of Standards and Technology.--There are
authorized to be appropriated to the National Institute of Standards
and Technology for support of basic research activities in the physical
sciences, mathematics and computer sciences, and engineering,
$86,240,000 for fiscal year 2007, $94,860,000 for fiscal year 2008,
$104,350,000 for fiscal year 2009, $114,780,000 for fiscal year 2010,
and $126,260,000 for fiscal year 2011.
(e) Department of Defense.--There are authorized to be appropriated
to the Department of Defense for support of basic research activities
under budget category 6.1, $1,784,750,000 for fiscal year 2007,
$1,963,220,000 for fiscal year 2008, $2,159,540,000 for fiscal year
2009, $2,375,490,000 for fiscal year 2010, and $2,613,000,000 for
fiscal year 2011.
(f) High-Risk Research.--Of the amounts authorized to be
appropriated in each of subsections (a) through (e), not less than 8
percent shall be available for high-risk, potentially high-payoff
research as determined by technical program managers at the respective
agencies.
SEC. 3. EARLY CAREER SCIENTISTS AND ENGINEER AWARDS.
In addition to amounts currently available for support of the
Presidential Early Career Award for Scientists and Engineers program,
the following amounts are authorized to be appropriated for the
designated agencies:
(1) For the National Science Foundation, $8,200,000 for
fiscal year 2007, $16,400,000 for fiscal year 2008, $24,600,000
for fiscal year 2009, $32,800,000 for fiscal year 2010, and
$41,000,000 for fiscal year 2011.
(2) For the National Institutes of Health, $4,800,000 for
fiscal year 2007, $9,600,000 for fiscal year 2008, $14,400,000
for fiscal year 2009, $19,200,000 for fiscal year 2010, and
$24,000,000 for fiscal year 2011.
(3) For the Department of Energy, $3,600,000 for fiscal
year 2007, $7,200,000 for fiscal year 2008, $10,800,000 for
fiscal year 2009, $14,400,000 for fiscal year 2010, and
$18,000,000 for fiscal year 2011.
(4) For the Department of Defense, $2,400,000 for fiscal
year 2007, $4,800,000 for fiscal year 2008, $7,200,000 for
fiscal year 2009, $9,600,000 for fiscal year 2010, and
$12,000,000 for fiscal year 2011.
(5) For the National Aeronautics and Space Administration,
$1,000,000 for fiscal year 2007, $2,000,000 for fiscal year
2008, $3,000,000 for fiscal year 2009, $4,000,000 for fiscal
year 2010, and $5,000,000 for fiscal year 2011.
SEC. 4. GRADUATE SCHOLAR AWARDS IN SCIENCE, TECHNOLOGY, ENGINEERING, OR
MATHEMATICS (GSA-STEM).
(a) In General.--The National Science Foundation shall institute a
program, to be known as the Graduate Scholar Awards in Science,
Technology, Engineering, or Mathematics program, or the GSA-STEM
program, to award graduate fellowships in science, technology,
engineering, or mathematics to individuals following the criteria and
procedures of the Foundation's Graduate Research Fellowship program,
except as provided in subsection (b).
(b) Special Requirements.--
(1) Fellowship amount.--Fellowships awarded under the GSA-
STEM program shall provide an annual stipend of $30,000 to the
recipient and $15,000, in lieu of tuition, to the institution
of higher education at which the recipient is enrolled.
(2) Advisory board.--(A) The Director of the National
Science Foundation shall establish a board of advisors for the
program. The board shall identify areas of national need for
which shortages of scientific and engineering personnel with
advanced academic degrees are anticipated.
(B) The members of the advisory board established under
subparagraph (A) shall be selected from among the principal
Federal agencies that support research and development
activities in science, technology, engineering, and
mathematics.
(3) Selection criteria.--The criteria for fellowship awards
used in the Foundation's Graduate Research Fellowship program
shall be applied to the GSA-STEM program. An additional
criterion for awards under the GSA-STEM program shall be
whether an applicant proposes to pursue an advanced degree in
an area of national need, identified by the advisory board
under paragraph (2)(A).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation for the purposes of
this section, $225,000,000 for fiscal year 2007, $450,000,000 for
fiscal year 2008, and $675,000,000 for each of fiscal years 2009
through 2011.
SEC. 5. PRESIDENTIAL INNOVATION AWARD.
(a) Establishment.--There is hereby established a Presidential
Innovation Award, signified by a medal which shall be of such design
and materials and bear such inscriptions as the President, on the basis
of recommendations submitted by the Director of the Office of Science
and Technology Policy, may prescribe.
(b) Award.--The President shall periodically award the medal, on
the basis of recommendations received from the Director of the Office
of Science and Technology Policy or on the basis of such other
information as the President considers appropriate, to individuals who
develop one or more unique scientific or engineering ideas in the
national interest at the time the innovation occurs.
(c) Purpose.--The awards under this section shall be made to--
(1) stimulate scientific and engineering advances in the
national interest;
(2) illustrate the linkage between science and engineering
and national needs; and
(3) provide an example to students of the contribution they
could make to society by entering the science and engineering
profession.
(d) Citizenship.--An individual may not be awarded a medal under
this section unless at the time such award is made the individual--
(1) is a citizen or other national of the United States; or
(2) is an alien lawfully admitted to the United States for
permanent residence who--
(A) has filed an application for petition for
naturalization in the manner prescribed by section 334
of the Immigration and Nationality Act (8 U.S.C. 1445);
and
(B) is not permanently ineligible to become a
citizen of the United States.
(e) Presentation.--The presentation of the award shall be made by
the President with such ceremonies as he may deem proper, including
attendance by appropriate Members of Congress.
SEC. 6. NATIONAL COORDINATION OFFICE FOR RESEARCH INFRASTRUCTURE.
(a) In General.--The Office of Science and Technology Policy shall
establish a National Coordination Office for Research Infrastructure,
which shall identify and prioritize deficiencies in research facilities
and instrumentation in academic institutions and in national
laboratories and shall make recommendations for the allocation of
resources provided under subsection (e).
(b) Staffing.--The Director of the Office of Science and Technology
Policy shall appoint individuals to serve in the office established
under subsection (a) from among the principal Federal agencies that
support research in the sciences, mathematics, and engineering, and
shall at a minimum include individuals from the National Science
Foundation and the Department of Energy.
(c) Use of Funds.--The amounts authorized by subsection (e) shall
be available on a competitive, merit-reviewed basis for construction
and maintenance of research facilities at institutions of higher
education or national laboratories, including instrumentation,
computing and networking equipment, and other physical resources
necessary for performing leading-edge research.
(d) Report.--The Director of the Office of Science and Technology
Policy shall provide annually a report to Congress at the time of the
President's budget proposal describing the research infrastructure
needs identified in accordance with subsection (a) and a list of
infrastructure projects proposed for funding using the resources
authorized by subsection (e).
(e) Authorization of Appropriations.--
(1) National science foundation.--There are authorized to
be appropriated to the National Science Foundation for the
purposes of this section, $333,000,000 for each of fiscal years
2007 through 2011.
(2) Department of energy.--There are authorized to be
appropriated to the Department of Energy for the purposes of
this section, $167,000,000 for each of fiscal years 2007
through 2011. | Sowing the Seeds Through Science and Engineering Research Act - Authorizes appropriations for FY2007-FY2011 to: (1) the National Science Foundation (NSF), Department of Energy (DOE), National Aeronautics and Space Administration (NASA), and National Institute of Standards and Technology (NIST) for support of basic research activities in the physical sciences, mathematics and computer sciences, and engineering; and (2) the Department of Defense (DOD) for support of basic research activities. Makes at least 8% of such amounts available for high-risk, potentially high-payoff research.
Authorizes appropriations for FY2007-FY2011 to the NSF, National Institutes of Health (NIH), DOE, DOD, and NASA for the support of the Presidential Early Career Award for Scientists and Engineers program.
Directs NSF to institute the Graduate Scholar Awards in Science, Technology, Engineering, or Mathematics program or GSA-STEM program, to award graduate fellowships in science, technology, engineering, or mathematics. Requires the NSF Director to establish an advisory board.
Establishes a Presidential Innovation Award, which the President shall periodically award to individuals who develop one or more unique scientific or engineering ideas in the national interest.
Directs the Office of Science and Technology Policy to establish a National Coordination Office for Research Infrastructure to: (1) identify and prioritize deficiencies in research facilities and instrumentation in academic institutions and national laboratories; and (2) make recommendations for resource allocation. Authorizes appropriations for FY2007-FY2011 to NSF and DOE for construction and maintenance of research facilities at institutions of higher education or national laboratories and other physical resources for performing leading-edge research. | {"src": "billsum_train", "title": "To authorize appropriations for basic research and research infrastructure in science and engineering, and for support of graduate fellowships, and for other purposes."} | 2,095 | 358 | 0.506309 | 1.572198 | 0.874792 | 4.496835 | 5.993671 | 0.901899 |
SECTION 1. FINDINGS.
Congress finds that--
(1) the Mt. Soledad Veterans Memorial (referred to in this
Act as the ``Memorial'') has proudly stood overlooking San
Diego, California, for more than 52 years as a tribute to the
members of the United States Armed Forces who sacrificed their
lives in defense of the United States;
(2) the Memorial was dedicated on April 18, 1954, as ``a
lasting memorial to the dead of the First and Second World Wars
and the Korean conflict'' and now serves as a memorial to
American veterans of all wars, including the War on Terrorism;
(3) the United States has a long history and tradition of
memorializing members of the Armed Forces who die in battle
with a cross or other religious emblem of faith, and a memorial
cross is fully integrated as the centerpiece of the
multifaceted Memorial, which is replete with secular symbols;
(4) the patriotic and inspirational symbolism of the
Memorial provides solace to the families and comrades of the
veterans it memorializes;
(5) the Memorial has been recognized by Congress as a
National Veterans Memorial and is considered a historically
significant national memorial;
(6) 76 percent of the voters of the city of San Diego
supported donating the Memorial to the United States, only to
have a California superior court judge invalidate that
election;
(7) the city of San Diego has diligently pursued every
possible legal recourse to preserve the Memorial in its
entirety for persons who have served in the Armed Forces and
who will serve and sacrifice in the future; and
(8) Congressional action is necessary to preserve the
Memorial because the city of San Diego is under a district
court order to remove the Memorial from city property by August
1, 2006.
SEC. 2. ACQUISITION OF MEMORIAL.
(a) In General.--To effectuate the purpose of section 116 of
division J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 431
note; 118 Stat. 3346), which designated the Memorial as a national
memorial honoring veterans of the United States Armed Forces to
preserve a historically significant war memorial, there is vested in
the United States all right, title, and interest in and to, and the
right to immediate possession of, the Memorial, as described in
subsection (d).
(b) Compensation.--
(1) In general.--The United States shall pay to each owner
of property the title to which is taken by the United States
pursuant to this section compensation in an amount equal to, as
applicable--
(A) the agreed negotiated value of the property; or
(B) the valuation of the property according to an
applicable judgment.
(2) Source of funds.--A payment under paragraph (1) shall
be made from the permanent judgment appropriation established
pursuant to section 1304 of title 31, United States Code.
(3) Full faith and credit.--The full faith and credit of
the United States is pledged to the payment of any judgment
entered against the United States with respect to a taking of
property pursuant to this section.
(4) Failure to negotiate settlement.--If the applicable
parties do not reach a negotiated settlement with respect to a
taking under this section by the date that is 1 year after the
date of enactment of this Act, the Secretary of Defense may
initiate a proceeding in a court of competent jurisdiction to
determine the amount of compensation to be paid by the United
States with respect to the taking.
(c) Maintenance.--On acquisition of the Memorial by the United
States, the Secretary of Defense shall--
(1) manage the property subject to the taking; and
(2) offer to enter into a memorandum of understanding with
the Mt. Soledad Memorial Association for the continued
maintenance of the Memorial by the Association.
(d) Legal Description.--
(1) In general.--The Memorial referred to in this section
is the portion of Pueblo Lot 1265 of the Pueblo Lands of San
Diego, California, as depicted on the map of San Diego County,
California, numbered 36, prepared by James Pascoe, dated 1879,
and on file in the office of the County Recorder of San Diego
County, and more particularly described as the area bounded by
the back of the existing inner sidewalk on top of Mt. Soledad,
being a circle with radius of 84 feet, the center of which is
located as follows:
(A) Beginning at the southwesterly corner of Pueblo
Lot 1265, S. 17 degrees, 14'33" E. (record S. 17
degrees 14'09" E.), 607.21 feet along the westerly line
of that lot from its intersection with the north line
of La Jolla Scenic Drive South, designated as parcel 2
in City Council Resolution No. 216644 (August 25,
1976).
(B) Thence N. 39 degrees 59'24" E., 1147.62 feet to
the center of the circle.
(2) Survey.--The exact boundaries and legal description of
the Memorial shall be determined by a survey to be prepared by
the Secretary of Defense.
(3) Prohibition on expansion.--On acquisition of the
Memorial by the United States, the boundaries of the Memorial
shall not be expanded. | Vests in the United States all right, title, and interest to, and the right to immediate possession of, Mt. Soledad Veterans Memorial in San Diego, California, to provide for its preservation as a national war memorial honoring veterans.
Requires the United States to pay a negotiated or court-ordered amount of compensation to current owners of such property.
Prohibits expanding the Memorial's boundaries, upon acquisition by the United States. | {"src": "billsum_train", "title": "A bill to preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States."} | 1,140 | 100 | 0.487269 | 1.534948 | 0.947859 | 3.060241 | 12.722892 | 0.843373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liberian Relief, Rehabilitation, and
Reconstruction Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) due to the long historical ties between the United
States and Liberia, and the support that the United States
provided to the Doe regime during the 1980s, the United States
has a unique responsibility to the people of Liberia;
(2) the United States should continue to provide support to
the United Nations peacekeeping forces in Liberia in order to
end the civil war that began in December 1989, has claimed
150,000 lives, and has left 1,700,000 persons displaced;
(3) supporting and facilitating the cease-fire in Liberia
that became effective August 1, 1993, provides the United
States with an opportunity to fulfill its responsibility to the
people of Liberia by helping to restore political order in that
country; and
(4) the United States should continue to help the people of
Liberia by providing a substantial commitment of assistance for
the reconstruction of that country.
SEC. 3. INTERNATIONAL DISASTER ASSISTANCE.
Chapter 9 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2292-2292p) is amended by adding at the end thereof the
following new section:
``SEC. 495L. LIBERIAN CIVIL STRIFE ASSISTANCE.
``(a) Authorization of Assistance.--The President is authorized to
provide assistance for civil strife relief, rehabilitation, and general
recovery in Liberia. Assistance under this section shall be for
humanitarian purposes and shall be provided on a grant basis.
``(b) Use of Funds.--In providing the assistance authorized in
subsection (a), priority shall be given to funding activities which--
``(1) maximize the use of private voluntary agencies for
relief, rehabilitation, and recovery projects;
``(2) emphasize emergency health projects, including
efforts to rehabilitate the primary health care system of
Liberia;
``(3) contribute to the restoration of schools and the
general education system, including efforts to support the
teaching of displaced children; and
``(4) contribute to efforts by the international community
to respond to Liberian relief and development needs.
``(c) Authorization of Appropriations; Transfers.--
``(1) Authorization of appropriations.--In addition to the
amounts otherwise available for such purpose, there are
authorized to be appropriated to the President $45,000,000 for
fiscal year 1994 and $45,000,000 for fiscal year 1995 for use
in providing assistance under this section.
``(2) Management support activities.--The President is
authorized to transfer up to $750,000 of the amount
appropriated pursuant to this section in each of fiscal years
1994 and 1995 to the `Operating Expenses of the Agency for
International Development' account. These funds shall be used
for management support activities associated with the planning,
monitoring, and supervision of emergency humanitarian
assistance for Liberia.
``(3) Development fund for africa.--The President is
authorized to transfer to the Development Fund for Africa funds
appropriated pursuant to this section for use in supporting
longer-term rehabilitation activities in Liberia.
``(4) Policies and authorities to be applied.--Assistance
under this section shall be furnished in accordance with the
policies and general authorities contained in section 491.''.
SEC. 4. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--In addition to amounts
otherwise available for such purpose, there are authorized to be
appropriated to the Department of State for ``Migration and Refugee
Assistance'' $20,000,000 for fiscal year 1994 and $20,000,000 for
fiscal year 1995 for emergency relief, repatriation, and rehabilitation
efforts for Liberian refugees who have fled civil strife and, where
appropriate, for support of relief programs assisting local populations
in the bordering countries of Sierra Leone, Guinea, and Cote d'Ivoire,
and other countries in the region, which have been affected by the
influx of Liberian refugees.
(b) Provision of Assistance.--To the extent feasible, assistance
authorized under this section shall be provided through the United
Nations High Commissioner for Refugees and other international relief
organizations.
SEC. 5. EMERGENCY FOOD ASSISTANCE FOR LIBERIA.
(a) Authorization of Assistance.--In addition to the assistance
provided under section 495L of the Foreign Assistance Act of 1961 (as
added by section 3 of this Act) and section 4 of this Act, the
President is authorized to provide supplemental emergency food
assistance for civilian victims of civil strife in Liberia, including
additional emergency food assistance (primarily rice, processed foods,
and oils) for the needs of the affected and displaced civilian
population of Liberia under title II of the Agricultural Trade
Development and Assistance Act of 1954 and to provide ocean and inland
transport of such food assistance.
(b) Use of Grants.--In providing assistance authorized by this
section, the President is authorized to make grants to United States,
international, and indigenous private and voluntary organizations as
may be necessary to carry out this section.
(c) Transfers and General Authorities.--
(1) Authorization of appropriations.--In addition to the
amounts otherwise available for such purpose, there are
authorized to be appropriated to the President $27,000,000 for
fiscal year 1994 and $27,000,000 for fiscal year 1995 for use
in providing assistance under this section.
(2) Management support activities.--The President is
authorized to transfer up to $500,000 of the amount
appropriated pursuant to this section in each of fiscal years
1994 and 1995 to the ``Operating Expenses of the Agency for
International Development'' account. These funds shall be used
for management support activities associated with the planning,
monitoring, and supervision of emergency food assistance for
Liberia that is provided under this section.
(d) Additional Funds for Humanitarian Assistance for Liberia.--
(1) Use of local currencies.--In order to provide
additional resources for relief, rehabilitation, and
reconstruction programs for victims of civil strife in Liberia,
the Administrator of the Agency for International Development
shall ensure that not less than $12,000,000 of the local
currencies generated under title II of the Agricultural Trade
Development and Assistance Act of 1954 during fiscal year 1994,
and not less than $12,000,000 of the local currencies generated
under such title during fiscal year 1995, are used for disaster
assistance purposes as are authorized by section 495L(b) of the
Foreign Assistance Act of 1961, as added by this Act.
(2) Assistance subject to availability of funds.--Paragraph
(1) shall apply only to the extent that local currencies
described in such paragraph are available.
(3) Use of funds.--Funds made available pursuant to this
subsection may be used for general relief, rehabilitation, and
reconstruction purposes and may include the provision or
transport of emergency food assistance. Such assistance shall
be administered by the Agency for International Development.
SEC. 6. GENERAL PROVISIONS.
(a) Nonapplicability of Provision.--The assistance authorized for
Liberia by this Act may be provided without regard to section 518 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1993 (Public Law 102-391), section 620(q) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) (the so-called
Brooke-Alexander amendment), or any similar provision of the law
relating to foreign assistance repayments.
(b) Regular Assistance Programs To Be Maintained.--Relief and
rehabilitation assistance provided for Liberia under this Act, or any
amendment made by this Act, is in addition to the regularly programmed
assistance for that country for fiscal year 1994 or fiscal year 1995
under chapter 1 (relating to development assistance) or chapter 10
(relating to the Development Fund for Africa) of part I of the Foreign
Assistance Act of 1961 and titles I, II, and III of the Agricultural
Trade Development Assistance Act of 1954 (relating to food assistance).
SEC. 7. REPORTS TO CONGRESS.
(a) Reconstruction Assistance Assessment.--
(1) Assessment.--The Administrator of the Agency for
International Development shall compile a comprehensive
assessment of the long-term reconstruction, rehabilitation, and
development needs of Liberia. Such assessment shall include an
evaluation of the infrastructure of the country, particularly
power generation, water and sewage systems, transportation,
health facilities, and educational facilities. The assessment
shall indicate projected resources required for development and
the levels of United States foreign assistance required for
reconstruction in Liberia.
(2) Report to congress.--Not later than 180 days after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate committees of the Congress a detailed
report of the assessment made under paragraph (1).
(b) Foreign Assistance for Liberia.--Not later than January 31,
1995, and not later than January 31, 1996, the President shall submit
to the Congress a report which analyzes the impact and effectiveness of
United States assistance (including assistance provided under this Act)
for Liberia during the two preceding fiscal years. | Liberian Relief, Rehabilitation, and Reconstruction Act of 1994 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for civil strife relief, rehabilitation, and general recovery in Liberia. Authorizes aprropriations.
Authorizes appropriations to the Department of State for migration and refugee assistance for emergency relief, repatriation, and rehabilitation efforts for Liberian refugees who have fled civil strife and for support for relief programs assisting local populations in the bordering countries of Sierra Leone, Guinea, Cote d'Ivoire, and other countries in the region.
Authorizes the President to provide supplemental emergency food assistance for civilian victims in Liberia. Authorizes appropriations.
Requires a specified amount of local currencies available under title II of the Agricultural Trade Development and Assistance Act of 1954 to be made available for disaster assistance for Liberia.
Permits assistance authorized for Liberia under this Act to be provided without regard to provisions of law concerning foreign assistance repayments.
Directs the Administrator of the Agency for International Development to assess and report to the Congress on the long-term reconstruction, rehabilitation, and development needs of Liberia. | {"src": "billsum_train", "title": "Liberian Relief, Rehabilitation, and Reconstruction Act of 1994"} | 1,973 | 266 | 0.598469 | 1.632317 | 0.947624 | 4.947115 | 8.716346 | 0.927885 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans'
Compensation Rate Amendments of 1997''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of title
38, United States Code.
SEC. 2. DISABILITY COMPENSATION.
(a) Increase in Rates.--Section 1114 is amended--
(1) by striking out ``$87'' in subsection (a) and inserting in
lieu thereof ``$95'';
(2) by striking out ``$166'' in subsection (b) and inserting in
lieu thereof ``$182'';
(3) by striking out ``$253'' in subsection (c) and inserting in
lieu thereof ``$279'';
(4) by striking out ``$361'' in subsection (d) and inserting in
lieu thereof ``$399'';
(5) by striking out ``$515'' in subsection (e) and inserting in
lieu thereof ``$569'';
(6) by striking out ``$648'' in subsection (f) and inserting in
lieu thereof ``$717'';
(7) by striking out ``$819'' in subsection (g) and inserting in
lieu thereof ``$905'';
(8) by striking out ``$948'' in subsection (h) and inserting in
lieu thereof ``$1,049'';
(9) by striking out ``$1,067'' in subsection (i) and inserting
in lieu thereof ``$1,181'';
(10) by striking out ``$1,774'' in subsection (j) and inserting
in lieu thereof ``$1,964'';
(11) in subsection (k)--
(A) by striking out ``$70'' both places it appears and
inserting in lieu thereof ``$75''; and
(B) by striking out ``$2,207'' and ``$3,093'' and inserting
in lieu thereof ``$2,443'' and ``$3,426'', respectively;
(12) by striking out ``$2,207'' in subsection (l) and inserting
in lieu thereof ``$2,443'';
(13) by striking out ``$2,432'' in subsection (m) and inserting
in lieu thereof ``$2,694'';
(14) by striking out ``$2,768'' in subsection (n) and inserting
in lieu thereof ``$3,066'';
(15) by striking out ``$3,093'' each place it appears in
subsections (o) and (p) and inserting in lieu thereof ``$3,426'';
(16) by striking out ``$1,328'' and ``$1,978'' in subsection
(r) and inserting in lieu thereof ``$1,471'' and ``$2,190'',
respectively; and
(17) by striking out ``$1,985'' in subsection (s) and inserting
in lieu thereof ``$2,199''.
(b) Special Rule.--The Secretary of Veterans Affairs may authorize
administratively, consistent with the increases authorized by this
section, the rates of disability compensation payable to persons within
the purview of section 10 of Public Law 85-857 who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.
SEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS.
Section 1115(1) is amended--
(1) by striking out ``$105'' in clause (A) and inserting in
lieu thereof ``$114'';
(2) by striking out ``$178'' and ``$55'' in clause (B) and
inserting in lieu thereof ``$195'' and ``$60'', respectively;
(3) by striking out ``$72'' and ``$55'' in clause (C) and
inserting in lieu thereof ``$78'' and ``$60'', respectively;
(4) by striking out ``$84'' in clause (D) and inserting in lieu
thereof ``$92'';
(5) by striking out ``$195'' in clause (E) and inserting in
lieu thereof ``$215''; and
(6) by striking out ``$164'' in clause (F) and inserting in
lieu thereof ``$180''.
SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.
Section 1162 is amended by striking out ``$478'' and inserting in
lieu thereof ``$528''.
SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.
(a) New Law Rates.--Section 1311(a) is amended--
(1) by striking out ``$769'' in paragraph (1) and inserting in
lieu thereof ``$850''; and
(2) by striking out ``$169'' in paragraph (2) and inserting in
lieu thereof ``$185''.
(b) Old Law Rates.--The table in subsection (a)(3) is amended to
read as follows:
---------------------------------------------------------------------------
Monthly Monthly
``Pay grade rate Pay grade rate
E-1...................... $850 W-4........ $1,017
E-2...................... 850 O-1........ 898
E-3...................... 850 O-2........ 928
E-4...................... 850 O-3........ 992
E-5...................... 850 O-4........ 1,049
E-6...................... 850 O-5........ 1,155
E-7...................... 879 O-6........ 1,302
E-8...................... 928 O-7........ 1,406
E-9...................... \1\968 O-8........ 1,541
W-1...................... 898 O-9........ 1,651
W-2...................... 934 O-10....... \2\1,811
W-3...................... 962
``\1\If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 402 of
this title, the surviving spouse's rate shall be $1,044.
``\2\If the veteran served as Chairman or Vice Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 402 of this title, the surviving spouse's rate
shall be $1,941.''.
(c) Additional DIC for Children.--Section 1311(b) is amended by
striking out ``$100'' and all that follows and inserting in lieu
thereof ``$215 for each such child.''.
(d) Aid and Attendance Allowance.--Section 1311(c) is amended by
striking out ``$195'' and inserting in lieu thereof ``$215''.
(e) Housebound Rate.--Section 1311(d) is amended by striking out
``$95'' and inserting in lieu thereof ``$104''.
SEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.
(a) DIC for Orphan Children.--Section 1313(a) is amended--
(1) by striking out ``$327'' in paragraph (1) and inserting in
lieu thereof ``$361'';
(2) by striking out ``$471'' in paragraph (2) and inserting in
lieu thereof ``$520'';
(3) by striking out ``$610'' in paragraph (3) and inserting in
lieu thereof ``$675''; and
(4) by striking out ``$610'' and ``$120'' in paragraph (4) and
inserting in lieu thereof ``$675'' and ``$132'', respectively.
(b) Supplemental DIC for Disabled Adult Children.-- Section 1314 is
amended--
(1) by striking out ``$195'' in subsection (a) and inserting in
lieu thereof ``$215'';
(2) by striking out ``$327'' in subsection (b) and inserting in
lieu thereof ``$361''; and
(3) by striking out ``$166'' in subsection (c) and inserting in
lieu thereof ``$182''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on December 1,
1997.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Veterans' Compensation Rate Amendments of 1997 - Increases, as of December 1, 1997, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation (DIC) for surviving spouses and children (including supplemental DIC for disabled adult children). | {"src": "billsum_train", "title": "Veterans' Compensation Rate Amendments of 1997"} | 2,078 | 70 | 0.509875 | 1.196847 | 0.035271 | 3.04918 | 29.622951 | 0.983607 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Electronic
Personal Health Records Act of 2006''.
SEC. 2. ELECTRONIC PERSONAL HEALTH RECORDS FOR FEDERAL EMPLOYEE HEALTH
BENEFITS PLANS.
(a) Contract Requirement.--Section 8902 of title 5, United States
Code, is amended by adding at the end the following:
``(p) Each contract under this chapter shall require the carrier to
provide for the establishment and maintenance of electronic personal
health records in accordance with section 8915.''.
(b) Electronic Personal Health Records.--Chapter 89 of title 5,
United States Code, is amended by adding after section 8914 the
following:
``Sec. 8915. Electronic personal health records
``(a) In this section, the term--
``(1) `claims data' means--
``(A) a comprehensive record of health care
services provided to an individual, including
prescriptions; and
``(B) contact information for providers of health
care services; and
``(2) `standard electronic format' means a format that--
``(A) uses open electronic standards;
``(B) enables health information technology to be
used for the collection of clinically specific data;
``(C) promotes the interoperability of health care
information across health care settings, including
reporting under this section and to other Federal
agencies;
``(D) facilitates clinical decision support;
``(E) is useful for diagnosis and treatment and is
understandable for the individual or family member; and
``(F) is based on the Federal messaging and health
vocabulary standards--
``(i) developed by the Consolidated Health
Informatics Initiative; or
``(ii) developed and endorsed by the Office
of the National Coordinator for Health
Information Technology, the American Health
Information Community, or the Secretary of
Health and Human Services.
``(b)(1) Each carrier entering into a contract for a health
benefits plan under section 8915 shall provide for the establishment
and maintenance of electronic personal health records for each
individual and family member enrolled in that health benefits plan in
accordance with this section.
``(2) In the administration of this section, the Office of
Personnel Management--
``(A) shall ensure that each individual and family member
is provided--
``(i) timely notice of the establishment and
maintenance of electronic personal health records; and
``(ii) an opportunity to file an election at any
time to--
``(I) not participate in the establishment
or maintenance of an electronic personal health
record for that individual or family member;
and
``(II) in the case of an electronic
personal health record that is established
under this section, terminate that electronic
personal health record;
``(B) shall ensure that each electronic personal health
record shall--
``(i) be based on standard electronic formats;
``(ii) be available for electronic access through
the Internet for the use of the individual or family
member to whom the record applies;
``(iii) enable the individual or family member to--
``(I) share any contents of the electronic
personal health record through transmission in
standard electronic format, fax transmission,
or other additional means to providers of
health care services or other persons;
``(II) copy or print any contents of the
electronic personal health record; and
``(III) add supplementary health
information, such as information relating to--
``(aa) personal, medical, and
emergency contacts;
``(bb) laboratory tests;
``(cc) social history;
``(dd) health conditions;
``(ee) allergies;
``(ff) dental services;
``(gg) immunizations;
``(hh) prescriptions;
``(ii) family health history;
``(jj) alternative treatments;
``(kk) appointments; and
``(ll) any additional information
as needed;
``(iv) contain--
``(I) claims data from--
``(aa) providers of health care
services that participate in health
benefits plans under this chapter;
``(bb) to the extent feasible,
other providers of health care
services; and
``(cc) to the extent feasible,
other health benefits plans in which
the individual or family members have
participated;
``(II) clinical care, pharmaceutical, and
laboratory records; and
``(III) the name of the source for each
item of health information;
``(v) authenticate the identity of each individual
upon accessing the electronic personal health record;
and
``(vi) contain an audit trail to list the identity
of individuals who access the electronic personal
health record; and
``(C) shall ensure that the individual or family member may
designate--
``(i) any other individual to access and exercise
control over the sharing of the electronic personal
health record; and
``(ii) any other individual to access the
electronic personal health record in an emergency;
``(D) shall require each health benefits plan to comply
with all privacy and security regulations promulgated under
section 246(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2) and other
relevant laws relating to privacy and security;
``(E) shall require each carrier that enters into a
contract for a health benefits plan to provide for the
electronic transfer of the contents of an electronic personal
health record to another electronic personal health record
under a different health benefits plan maintained under this
section or a similar record not maintained under this section
if--
``(i) coverage in a health benefits plan under this
chapter for an individual or family member terminates;
and
``(ii) that individual or family member elects such
a transfer;
``(F) shall require each carrier to provide for education,
awareness, and training on electronic personal health records
for individuals and family members enrolled in health benefits
plans; and
``(G) may require each carrier to provide for an electronic
personal health record to be made available for electronic
access, other than through the Internet, for the use of the
individual or family member to whom the record applies, if that
individual or family member requests such access.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 89 of title 5, United States Code, is amended by adding at the
end the following:
``Sec. 8915. Electronic personal health records.''.
SEC. 3. EFFECTIVE DATES AND APPLICATION.
(a) In General.--Except as provided under subsection (b), the
amendments made by this Act shall take effect 30 days after the date of
enactment of this Act.
(b) Establishment and Maintenance of Electronic Personal Health
Records.--The requirement for the establishment and maintenance of
electronic personal health records under sections 8902(p) and 8915 of
title 5, United States Code (as added by this Act), shall apply with
respect to contracts for health benefits plans under chapter 89 of that
title which take effect on and after January of the earlier of--
(1) the first calendar year following 2 years after the
date of enactment of this Act; or
(2) any calendar year determined by the Office of Personnel
Management. | Federal Employees Electronic Personal Health Records Act of 2006 - Amends federal civil service law to require each contract between the Office of Personnel Management (OPM) and a qualified carrier offering a health benefit plan for federal employees to provide for establishment and maintenance of electronic personal health records for each individual and family member enrolled in the plan.
Requires such records to be: (1) in a standard electronic format, available for electronic access through the Internet; and (2) based on the federal messaging and health vocabulary standards developed by the Consolidated Health Informatics Initiative, the Office of the National Coordinator for Health Information Technology, the American Health Information Community, or the Secretary of Health and Human Services.
Directs OPM to ensure that each individual and family member is given an opportunity to elect at any time to opt out of participation in the record program or terminate an established record. | {"src": "billsum_train", "title": "A bill to provide for the establishment and maintenance of electronic personal health records for individuals and family members enrolled in Federal employee health benefits plans under chapter 89 of title 5, United States Code, and for other purposes."} | 1,627 | 183 | 0.685077 | 1.872746 | 0.815874 | 3.470238 | 9.357143 | 0.886905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonus Depreciation and Enhanced
Expensing for Small Businesses Extension Act of 2009''.
SEC. 2. EXTENSION OF INCREASED EXPENSING FOR SMALL BUSINESSES.
(a) In General.--Paragraph (7) of section 179(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``or 2009'' and inserting ``2009, or
2010'', and
(2) by striking ``and 2009'' in the heading thereof and
inserting ``2009, or 2010''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 3. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING 2010.
(a) Extension of Special Allowance.--
(1) In general.--Paragraph (2) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2011'' and inserting
``January 1, 2012'', and
(B) by striking ``January 1, 2010'' each place it
appears and inserting ``January 1, 2011''.
(2) Conforming amendments.--
(A) The heading for subsection (k) of section 168
of such Code is amended by striking ``2010'' and
inserting ``2011''.
(B) The heading for clause (ii) of section
168(k)(2)(B) of such Code is amended by striking ``pre-
january 1, 2010'' and inserting ``pre-january 1,
2011''.
(C) Subparagraph (B) of section 168(l)(5) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(D) Subparagraph (C) of section 168(n)(2) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(E) Subparagraph (B) of section 1400N(d)(3) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(b) Extension of Election To Accelerate the AMT and Research
Credits in Lieu of Bonus Depreciation.--Section 168(k)(4) of such Code
(relating to election to accelerate the AMT and research credits in
lieu of bonus depreciation) is amended--
(1) by striking ``January, 1, 2010'' and inserting
``January 1, 2011'' in subparagraph (D)(iii), and
(2) by adding at the end the following new subparagraph:
``(I) Special rules for 2010 extension property.--
``(i) Taxpayers previously electing
acceleration.--In the case of a taxpayer who
made the election under subparagraph (A) for
its first taxable year ending after March 31,
2008--
``(I) the taxpayer may elect not to
have this paragraph apply to 2010
extension property, but
``(II) if the taxpayer does not
make the election under subclause (I),
in applying this paragraph to the
taxpayer a separate bonus depreciation
amount, maximum amount, and maximum
increase amount shall be computed and
applied to eligible qualified property
which is 2010 extension property and to
eligible qualified property which is
not 2010 extension property.
``(ii) Taxpayers not previously electing
acceleration.--In the case of a taxpayer who
did not make the election under subparagraph
(A) for its first taxable year ending after
March 31, 2008--
``(I) the taxpayer may elect to
have this paragraph apply to its first
taxable year ending after December 31,
2009, and each subsequent taxable year,
and
``(II) if the taxpayer makes the
election under subclause (I), this
paragraph shall only apply to eligible
qualified property which is 2010
extension property.
``(iii) Modification of maximum increase
amount.--In applying this paragraph with
respect to 2010 extension property,
subparagraph (C)(iii) shall be applied without
regard to subclause (II) thereof.
``(iv) 2010 extension property.--For
purposes of this subparagraph, the term `2010
extension property' means property which is
eligible qualified property solely by reason of
the extension of the application of the special
allowance under paragraph (1) pursuant to the
amendments made by section 3 of the Bonus
Depreciation and Enhanced Expensing for Small
Businesses Extension Act of 2009 (and the
application of such extension to this paragraph
pursuant to the amendment made by section
3(b)(1) of such Act).''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009, in taxable
years ending after such date. | Bonus Depreciation and Enhanced Expensing for Small Businesses Extension Act of 2009 - Amends the Internal Revenue Code to extend through 2010: (1) the increased expensing allowance for depreciable small business assets (i.e., $250,000); (2) bonus depreciation for depreciable business property; and (3) the taxpayer election to accelerate alternative minimum tax and research tax credits in lieu of bonus depreciation. Sets forth special rules for taxpayers who previously elected acceleration of such credits and for those who did not. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the increase in the expensing deduction for small businesses."} | 1,104 | 116 | 0.566406 | 1.471803 | 0.502536 | 2.191489 | 10.414894 | 0.765957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Cargo Security Improvement Act
of 2018''.
SEC. 2. ESTABLISHMENT OF AIR CARGO SECURITY DIVISION.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 44947. Air cargo security division
``(a) Establishment.--Not later than 90 days after the date of the
enactment of this section, the Administrator of the Transportation
Security Administration shall establish an air cargo security division
to carry out all policy and engagement with air cargo security
stakeholders.
``(b) Leadership; Staffing.--The air cargo security division
established pursuant to subsection (a) shall be headed by an individual
in the executive service within the Transportation Security
Administration and be staffed by not fewer than four full-time
equivalents, including the head of the division.
``(c) Staffing.--The Administrator of the Transportation Security
Administration shall staff the air cargo security division with
existing Transportation Security Administration personnel.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 449 of title 49, United States Code, is amended by inserting
after the item related to section 44946 the following new item:
``44947. Air cargo security division.''.
SEC. 3. FEASIBILITY STUDY AND PILOT PROGRAM FOR EMERGING TECHNOLOGIES.
(a) Study.--Not later than 120 days after the date of the enactment
of this Act, the Administrator of the Transportation Security
Administration, in coordination with the Under Secretary for Science
and Technology of the Department of Homeland Security, shall submit to
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
feasibility study regarding expanding the use of computed tomography
technology for the screening of air cargo transported on passenger
aircraft operated by an air carrier or foreign air carrier in air
transportation, interstate air transportation, or interstate air
commerce. Such study shall consider the following:
(1) Opportunities to leverage computed tomography systems
used for screening passengers and baggage.
(2) Costs and benefits of using computed tomography
technology for screening air cargo.
(3) An analysis of emerging computed tomography systems
that may have potential to enhance the screening of air cargo,
including systems that may address aperture challenges
associated with screening certain categories of air cargo.
(4) An analysis of emerging screening technologies, in
addition to computed tomography, that may be used to enhance
the screening of air cargo.
(b) Pilot Program.--Not later than 120 days after submission of the
feasibility study required under subsection (a), the Administrator of
the Transportation Security Administration shall initiate a 2-year
pilot program to achieve enhanced air cargo security screening outcomes
through the use of new or emerging screening technologies, such as
computed tomography technology, as identified through such study.
(c) Updates.--Not later than 60 days after the initiation of the
pilot program under subsection (b) and every 6 months thereafter for 2
years, the Administrator of the Transportation Security Administration
shall brief the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the progress of implementation of such
pilot program.
(d) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
(2) Air transportation.--The term ``air transportation''
has the meaning given such term in section 40102 of title 49,
United States Code.
(3) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given such term in section 40102 of title 49,
United States Code.
(4) Interstate air commerce.--The term ``interstate air
commerce'' has the meaning given such term in section 40102 of
title 49, United States Code.
(5) Interstate air transportation.--The term ``interstate
air transportation'' has the meaning given such term in section
40102 of title 49, United States Code.
SEC. 4. AIR CARGO REGULATION REVIEW.
(a) Review.--Not later than 150 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on actions to improve the
Certified Cargo Screening Program as established by the Administrator
in September 2009. The report shall--
(1) review the degree to which the Program is effective at
fully addressing evolving threats to air cargo, particularly as
air cargo volumes fluctuate;
(2) review any vulnerabilities in the Program and
effectiveness of information sharing with air cargo security
stakeholders; and
(3) include information on actions to be taken to address
findings in paragraphs (1) and (2), including information on
plans to issue new rulemaking, if necessary.
SEC. 5. COMPTROLLER GENERAL REVIEW.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall--
(1) review the Department of Homeland Security's analysis
and intelligence pre-screening processes and procedures for air
cargo entering the United States;
(2) review the pilot program conducted pursuant to section
3;
(3) assess the effectiveness of the Department's risk-based
strategy for examining air cargo and ensuring compliance with
air cargo security rules and regulations; and
(4) review the Department's information sharing procedures
and practices for disseminating information to relevant
stakeholders on preventing, mitigating, and responding to air
cargo related threats.
SEC. 6. KNOWN SHIPPER PROGRAM REVIEW.
The Administrator shall request the Air Cargo Subcommittee of
Aviation Security Advisory Committee (established under section 44946
of title 49, United States Code) to--
(1) conduct a comprehensive review and security assessment
of the known shipper program under sections 1546.215 and
1548.17 of title 49, Code of Federal Regulations;
(2) recommend whether the Known Shipper Program should be
modified or eliminated considering the full implementation of
100 percent screening under section 44901(g) of title 49,
United States Code; and
(3) report its findings and recommendations to the
Administrator of the Transportation Security Administration.
Passed the House of Representatives March 19, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Air Cargo Security Improvement Act of 2018 (Sec. 2) This bill directs the Transportation Security Administration (TSA) to: (1) establish an air cargo security division, (2) submit to Congress a feasibility study regarding the use of computed tomography technology for the screening of air cargo transported on passenger aircraft operated by air carrier or foreign air carrier in air transportation, interstate air transportation, or interstate air commerce; (3) initiate a two-year pilot program to achieve enhanced air cargo security screening outcomes through the use of new or emerging screening technologies, such as computed tomography technology; and (4) report to Congress on actions to improve the Certified Cargo Screening Program. (Sec. 5) The Government Accountability Office must review the TSA's screening processes and procedures for air cargo entering the United States and assess its risk-based strategy for examining such cargo. (Sec. 6) The TSA must request the Air Cargo Subcommittee of the Aviation Security Advisory Committee to conduct a comprehensive review and security assessment of the known shipper program and recommend whether the program should be modified or eliminated in light of the full implementation of required 100% screening of air cargo carried on passenger aircraft. | {"src": "billsum_train", "title": "Air Cargo Security Improvement Act of 2017"} | 1,436 | 257 | 0.712819 | 2.084671 | 0.911291 | 4.497854 | 5.729614 | 0.918455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Consumer Notification
Act''.
SEC. 2. FINANCIAL INSTITUTION'S OBLIGATION TO PROMPTLY NOTIFY AND
ASSIST CUSTOMERS WHOSE PERSONAL INFORMATION IS
COMPROMISED.
(a) Prompt Notice and Assistance.--Section 503(b) of the Gramm-
Leach-Bliley Act (15 U.S.C. 6803(b)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) a statement that, upon discovering that the
confidentiality or security of any nonpublic personal
information maintained by the financial institution with
respect to consumer has been compromised in any way by an
employee of the financial institution, or through any
unauthorized entry into the records of the financial
institution, the financial institution is obligated--
``(A) to promptly notify the consumer of the
compromise of the security or confidentiality of such
information, and any misuse of such information, that
the financial institution discovers or reasonably
should discover has occurred;
``(B) to provide assistance to the consumer to
remedy any such compromise, including the duty of the
financial institution under the Fair Credit Reporting
Act to correct and update information contained in a
consumer report relating to such consumer;
``(C) to reimburse the consumer for any losses the
consumer incurred as a result of the compromise of the
security or confidentiality of such information, and
any misuse of such information, including any fees for
obtaining, investigating, and correcting a consumer
report of such consumer at any consumer reporting
agency; and
``(D) to provide information concerning the manner
in which the consumer can obtain such assistance.''.
(b) Waiver of Disclosure at Request of Law Enforcement Agency for
Limited Time.--Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C.
6803) is amended by adding at the end the following new subsection:
``(c) Waiver of Disclosure at Request of Law Enforcement Agency for
Limited Time.--A financial institution may delay notifying a consumer
that the confidentiality or security of any nonpublic personal
information of the consumer maintained by the financial institution has
been compromised at the request of a law enforcement agency
investigating such violation for such limited period of time as the law
enforcement agency determines is essential for carrying out the
investigation.''.
(c) Penalties for Failure To Notify Customers of Identity Theft.--
Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is amended
by inserting after subsection (c) (as added by subsection (b) of this
section) the following new subsection:
``(d) Penalties for Failure To Notify and Assist Customers After
Identity Theft.--The failure of any financial institution to promptly
notify any consumer that the confidentiality or security of any
nonpublic personal information of the consumer maintained by the
financial institution has been compromised in any way by an employee of
the financial institution or through any unauthorized entry into the
records of the financial institution, to provide assistance to such
consumer, or to reimburse the consumer for any loss or fee described
subsection (b)(5)(C) shall be treated as a violation of--
``(1) this title for purposes of enforcement actions
required under section 505; and
``(2) the requirements of section 623(a)(2) of the Fair
Credit Reporting Act to correct and update information
concerning the consumer in a consumer report at a consumer
reporting agency.''.
SEC. 3. ADDITIONAL PROTECTION FOR VICTIMS OF IDENTITY THEFT.
Section 618 of the Fair Credit Reporting Act (15 U.S.C. 1681p) is
amended to read as follows:
``SEC. 618. JURISDICTION OF COURTS; LIMITATIONS OF ACTIONS.
``(a) In General.--An action to enforce any liability created under
this title may be brought in any appropriate United States district
court, without regard to the amount in controversy, or in any other
court of competent jurisdiction, not later than 2 years after the date
on which the violation is discovered or should have been discovered by
the exercise of reasonable diligence.
``(b) Willful Misrepresentation.--The limitations period prescribed
in subsection (a) shall be tolled during any period during which a
defendant has materially and willfully misrepresented any information
required under this title to be disclosed to an individual, and the
information so misrepresented is material to the establishment of the
liability of the defendant to that individual under this title.''. | Identity Theft Consumer Notification Act - Amends the Gramm-Leach-Bliley Act to include among mandatory consumer disclosures by a financial institution a statement informing the consumer of the institution's obligation to: (1) disclose that nonpublic personal information has been compromised; (2) provide assistance to remedy the compromise; and (3) reimburse any losses incurred as a result of such compromise.Permits waiver of such disclosure for a limited time at request of a law enforcement agency investigating such violation.Provides penalties for financial institution failure to notify and assist customers after an identity theft.Amends the Fair Credit Reporting Act to grant the Federal district courts jurisdiction in an action for identity theft. Tolls the two-year statute of limitations during any period during which a defendant has materially and willfully misrepresented any information to the plaintiff that is material to establishment of the defendant's liability. | {"src": "billsum_train", "title": "To amend the Gramm-Leach-Bliley Act to further protect customers of financial institutions whose identities are stolen from the financial institution, and for other purposes."} | 1,067 | 195 | 0.630654 | 1.878296 | 0.860334 | 3.018182 | 5.739394 | 0.89697 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Malpractice Liability Insurance Commission (EMLIC) Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Commission.
Sec. 3. Duties of the Commission.
Sec. 4. Final report; Congressional hearings.
Sec. 5. Powers of Commission.
Sec. 6. Commission personnel matters.
Sec. 7. Authorization of appropriations; GAO audit.
Sec. 8. Termination of Commission.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as Emergency Malpractice Liability Insurance Commission (in this Act
referred to as the ``Commission'').
(b) Purpose.--The Commission shall examine the causes of soaring
medical malpractice premiums and propose a comprehensive strategy to
alleviate the impact of the crisis in medical malpractice liability
insurance.
(c) Membership of Commission.--
(1) Composition.--The commission shall be composed of 12
members of whom--
(A) 4 shall be appointed by the President, 1 of
whom shall be appointed to represent physicians'
interests, 1 of whom shall be appointed to represent
malpractice liability insurers, 1 of whom shall be
appointed to represent lawyers' interests, and 1 of
whom shall be appointed to represent consumer
protection interests;
(B) 1 Senator and 1 other individual shall be
appointed by the President pro tempore of the Senate
upon the recommendation of the Majority Leader of the
Senate;
(C) 1 Senator and 1 other individual shall be
appointed by the President pro tempore of the Senate
upon the recommendation of the Minority Leader of the
Senate;
(D) 1 Member of the House of Representatives and 1
other individual shall be appointed by the Speaker of
the House of Representatives; and
(E) 1 Member of the House of Representatives and 1
other individual shall be appointed by the Minority
Leader of the House of Representatives.
(2) Qualifications of members.--
(A) Presidential appointments.--Of the individuals
appointed under paragraph (1)(A), not more than 1 may
be an officer, employee, or paid consultant of the
Executive Branch.
(B) Other appointments.--Individuals who are not
Members of Congress, appointed under subparagraph (B),
(C), (D), or (E) of paragraph (1), shall be individuals
who--
(i) have expertise in medicine, insurance,
law, consumers affairs, or have other pertinent
qualifications or experience; and
(ii) are not officers or employees of the
United States.
(C) Other considerations.--In appointing Commission
members, every effort shall be made to ensure that the
members--
(i) represent a broad cross section of
regional and political perspectives in the
United States; and
(ii) provide fresh insights to analyzing
the medical malpractice insurance crisis.
(d) Period of Appointment; Vacancies.--
(1) In general.--Members shall be appointed not later than
60 days after the date of enactment of this Act and the
appointment shall be for the life of the Commission.
(2) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson.
(g) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from among
the members of the Commission.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(i) Voting.--Each member of the Commission shall be entitled to 1
vote.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall investigate and determine
whether a causal relationship exists between skyrocketing malpractice
insurance premiums, jury awards, decreased accessibility and
affordability of health care, and the increase in the number of
physicians moving, quitting or retiring from the practices in the field
of medicine. The Commission will make recommendations based on a study
of statistical trends and testimony that can be taken by Congress to
alleviate the impact of the crisis in medical malpractice liability
insurance.
(b) Specific Issues to Be Addressed.--The Commission shall examine
and report to the President and the Congress on at least the following:
(1) Nature and patterns of the medical malpractice
insurance market.
(2) Similarities and differences of the medical malpractice
insurance market to other lines of insurance.
(3) Impact of the McCarran-Ferguson Act on medical
malpractice insurance market.
(4) Federal role as it is and recommendations on how it
should be with respect to medical malpractice.
(5) Survey and assessment of the efficacy of State-level
legislation in insurance, in general, and medical malpractice
insurance, in particular.
(6) Survey of insurer's investments and strategies and its
role in premium rate setting for medical malpractice insurance.
(7) Role of jury awards in premium rate setting for medical
malpractice insurance.
(8) Relationship of medical malpractice premium rates and
overall medical practice costs.
(9) The extent to which malpractice claims are widely
dispersed across the medical community or concentrated among a
handful of repeat offenders, and the effectiveness of state and
professional regulatory bodies in disciplining poor performing
doctors and medical professionals.
SEC. 4. FINAL REPORT; CONGRESSIONAL HEARINGS.
(a) Final Report.--
(1) In general.--Not later than 16 months after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a final report which contains--
(A) the findings and conclusions of the Commission
described in section 3;
(B) a detailed plan for comprehensive strategy to
combat the consequences of skyrocketing medical
malpractice liability insurance rates; and
(C) any recommendations for administrative and
legislative actions necessary to achieve such
reductions.
(2) Separate views.--Any member of the Commission may
submit additional findings and recommendations as part of the
final report.
(b) Congressional Hearings.--Not later than 6 months after the
final report described in subsection (a) is submitted, the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Health, Education, Labor and Pensions of the Senate shall hold
hearings on the report.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission may find advisable to fulfill the
requirements of this Act. The Commission shall hold at least 7 public
hearings, 1 or more in Washington, D.C. and 4 in different regions of
the United States.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT.
(a) In General.--There are authorized to be appropriated $2,000,000
to the Commission to carry out the provisions of this Act.
(b) GAO Audit.--Not later than 6 months after termination of the
Commission, the Comptroller General of the United States shall complete
an audit of the financial books and records of the Commission to
determine that the limitation on expenses has been met, and shall
submit a report on the audit to the President and Congress.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall cease to exist 30 days after the date on which
the Commission submits the final report under section 4. | Emergency Malpractice Liability Insurance Commission (EMLIC) Act - Establishes the Emergency Malpractice Liability Insurance Commission to examine the causes of soaring medical malpractice premiums and propose a comprehensive strategy to alleviate the impact. Directs the Commission to investigate and determine whether a causal relationship exists between: (1) skyrocketing malpractice insurance premiums; (2) jury awards; (3) decreased accessibility and affordability of health care; and (4) an increase in the number of physicians moving, quitting, or retiring. | {"src": "billsum_train", "title": "To establish an Emergency Malpractice Liability Insurance Commission."} | 2,307 | 109 | 0.481998 | 1.312719 | 0.445009 | 3.989247 | 23.193548 | 0.978495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breastfeeding Promotion Act''.
TITLE I--AMENDMENT TO THE CIVIL RIGHTS ACT OF 1964
SEC. 101. SHORT TITLE.
This title may be cited as the ``Pregnancy Discrimination Act
Amendments of 2001''.
SEC. 102. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Women with infants and toddlers are a rapidly growing
segment of the labor force today.
(2) Statistical surveys of families show that over 50
percent of mothers with children less than 1 year of age are in
the labor force.
(3) The American Academy of Pediatrics recommends that
mothers breastfeed for at least the 1st year of a child's life
and that arrangements be made to allow a mother's expressing of
milk if mother and child must separate.
(4) Research studies show that children who are not
breastfed have higher rates of mortality, meningitis, some
types of cancers, asthma and other respiratory illnesses,
bacterial and viral infections, diarrhoeal diseases, ear
infections, allergies, and obesity.
(5) Research studies have also shown that breastmilk and
breastfeeding have protective effects against the development
of a number of chronic diseases, including juvenile diabetes,
lymphomas, Crohn's disease, celiac disease, some chronic liver
diseases, and ulcerative colitis.
(6) Maternal benefits of breastfeeding include a reduced
risk for postpartum hemorrhage and decreased risk for
developing osteoporosis, ovarian cancer, and premenopausal
breast cancer.
(7) The health benefits to children from breastfeeding
translate into a threefold decrease in parental absenteeism due
to infant illness.
(8) Congress intended to include breastfeeding and
expressing breast milk as protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
(9) Although title VII of the Civil Rights Act of 1964, as
so amended, applies with respect to ``pregnancy, childbirth, or
related medical conditions'', a few courts have failed to reach
the conclusion that breastfeeding and expressing breast milk in
the workplace are covered by the such title.
(b) Purposes.--The purposes of this title are--
(1) to promote the health and well-being of infants whose
mothers return to the workplace after childbirth, and
(2) to clarify that breastfeeding and expressing breast
milk in the workplace are protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
SEC. 103. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k))
is amended--
(1) by inserting ``(including lactation)'' after
``childbirth'', and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `lactation' means a condition that
may result in the feeding of a child directly from the breast
or the expressing of milk from the breast.''.
TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE
ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR
EXPRESS MILK FOR THEIR CHILDREN
SEC. 201. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING
APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED
MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45E. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE
EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR
CHILDREN.
``(a) In General.--For purposes of section 38, the breastfeeding
promotion and support credit determined under this section for the
taxable year is an amount equal to 50 percent of the qualified
breastfeeding promotion and support expenditures of the taxpayer for
such taxable year.
``(b) Dollar Limitation.--The credit allowable under subsection (a)
for any taxable year shall not exceed the product of--
``(1) $10,000, and
``(2) the number determined by dividing the average number
of full-time employees of the taxpayer during the preceding
taxable year by 8,000.
``(c) Qualified Breastfeeding Promotion and Support Expenditure.--
For purposes of this section--
``(1) In general.--The term `qualified breastfeeding
promotion and support expenditure' means any amount paid or
incurred in connection with a trade or business of the
taxpayer--
``(A) for breast pumps and other equipment
specially designed to assist mothers who are employees
of the taxpayer to breastfeed or express milk for their
children but only if such pumps and equipment meet such
standards (if any) prescribed by the Secretary of
Health and Human Services, and
``(B) for consultation services to the taxpayer or
employees of the taxpayer relating to breastfeeding.
``(2) Costs of other exclusive use property included.--Such
term includes any amount paid or incurred for the acquisition
or lease of tangible personal property (not described in
paragraph (1)(A)) which is exclusively used by mothers who are
employees of the taxpayer to breastfeed or express milk for
their children unless such property is located in any residence
of the taxpayer or any employee of the taxpayer.
``(d) Recapture of Credit.--
``(1) In general.--If, during any taxable year, any
property for which a credit was allowed under this section is
disposed of or otherwise ceases to be used by the taxpayer as
required by this section, then the tax of the taxpayer under
this chapter for such taxable year shall be increased by an
amount equal to the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for all prior
taxable years which would have resulted solely from reducing to
zero any credit determined under this section with respect to
such property. The preceding sentence shall not apply to
property leased to the taxpayer.
``(2) Recapture percentage.--For purposes of this
subsection, the recapture percentage shall be determined in
accordance with the following table:
The recapture
``If the recapture event occurs in:
percentage is:
Year 1............................... 100
Year 2............................... 60
Year 3............................... 30
Year 4 or thereafter................. 0.
The references to years in the preceding table are references
to the consecutive taxable years beginning with the taxable
year in which the property is placed in service by the taxpayer
as year 1.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3) and (4), and subparagraphs (B) and (C) of
paragraph (5), of section 50(a) shall apply for purposes of
this subsection.
``(e) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--For purposes of subsection (b),
all persons which are treated as a single employer under
subsection (a) or (b) of section 52 shall be treated as a
single taxpayer, and the dollar amount contained in such
subsection shall be allocated among such persons under
regulations prescribed by the Secretary.
``(2) Reduction in basis.--Rules similar to the rules of
paragraphs (1) and (2) of section 50(c), and section
1016(a)(19), shall apply with respect to property for which a credit is
determined under this section.
``(3) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to any expenditure for which a credit is determined
under this section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended--
(A) by striking ``plus'' at the end of paragraph
(12),
(B) by striking the period at the end of paragraph
(13) and inserting ``, plus'', and
(C) by adding at the end the following new
paragraph:
``(14) the breastfeeding promotion and support credit
determined under section 45E(a).''
(2) Subsection (d) of section 39 of such Code (relating to
carryback and carryforward of unused credits) is amended by
adding at the end the following new paragraph:
``(9) No carryback of section 45e credit before january 1,
2000.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45E may be carried back to a taxable year beginning
before January 1, 2000.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45E. Credit for employer expenses
incurred to facilitate employed
mothers who breastfeed or
express milk for their
children.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
TITLE III--SAFE AND EFFECTIVE BREAST PUMPS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Safe and Effective Breast Pumps
Act''.
SEC. 302. BREAST PUMPS.
(a) Performance Standards.--The Secretary of Health and Human
Services shall take such action as may be appropriate to put into
effect a performance standard for breast pumps irrespective of the
class to which the breast pumps have been classified under section 513
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In
establishing such standard, the Secretary shall identify those pumps
appropriate for use on a regular basis in a place of employment based
on the efficiency and effectiveness of the pump and on sanitation
factors related to communal use. Action to put into effect a
performance standard shall be taken within one year of the date of the
enactment of this Act.
(b) Compliance Policy Guide.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall
issue a compliance policy guide which will assure that women who want
to breastfeed a child are given full and complete information
respecting breast pumps.
TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED
TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES
SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO INCLUDE BREASTFEEDING
EQUIPMENT AND SERVICES.
(a) In General.--Paragraph (1) of section 213(d) of the Internal
Revenue Code of 1986 (defining medical care) is amended by striking
``or'' at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, or'', and by adding at the
end the following:
``(E) qualified breastfeeding equipment and
services.''.
(b) Qualified Breastfeeding Equipment and Services.--Subsection (d)
of section 213 of such Code (relating to definitions) is amended by
adding at the end the following new paragraph:
``(12) Qualified breastfeeding equipment and services.--For
purposes of paragraph (1)(E), the term `qualified breastfeeding
equipment and services' means--
``(A) breast pumps and other equipment specially
designed to assist a mother to breastfeed or express
milk for her child but only if such pumps and equipment
meet such standards (if any) prescribed by the
Secretary of Health and Human Services, and
``(B) consultation services relating to
breastfeeding.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2000. | Breastfeeding Promotion Act - Title I: Amendment to the Civil Rights Act of 1964 - Pregnancy Discrimination Act Amendments of 2001 - Amends the Civil Rights Act of 1964 to include lactation (including expression of milk) within the definitions of "because of sex" or "on the basis of sex" for purposes of such Act.Title II: Credit for Employer Expenses for Providing Appropriate Environment on Business Premises for Employed Mothers to Breastfeed or Express Milk for Their Children - Amends the Internal Revenue Code (IRC) to allow a limited credit to employers for expenses incurred in enabling employed nursing mothers to breastfeed.Title III: Safe and Effective Breast Pumps - Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services: (1) to put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under the Federal Food, Drug, and Cosmetic Act; and (2) to issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps.Title IV: Definition of Medical Care in Internal Revenue Code Expanded to Include Breastfeeding Equipment and Services - Expands the IRC definition of medical care to include qualified breastfeeding equipment and services. | {"src": "billsum_train", "title": "To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers; to provide for a performance standard for breast pumps; and to provide tax incentives to encourage breastfeeding."} | 2,754 | 301 | 0.487613 | 1.513823 | 0.687723 | 5.008333 | 9.958333 | 0.925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Baseball Hall of Fame
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On June 12, 1939, the National Baseball Hall of Fame and
Museum opened in Cooperstown, New York. Ty Cobb, Walter Johnson,
Christy Mathewson, Babe Ruth, and Honus Wagner comprised the
inaugural class of inductees. This class set the standard for all
future inductees. Since 1939, just one percent of all Major League
Baseball players have earned induction into the National Baseball
Hall of Fame.
(2) The National Baseball Hall of Fame and Museum is dedicated
to preserving history, honoring excellence, and connecting
generations through the rich history of our national pastime.
Baseball has mirrored our Nation's history since the Civil War, and
is now an integral part of our Nation's heritage.
(3) The National Baseball Hall of Fame and Museum chronicles
the history of our national pastime and houses the world's largest
collection of baseball artifacts, including more than 38,000 three
dimensional artifacts, 3,000,000 documents, 500,000 photographs,
and 12,000 hours of recorded media. This collection ensures that
baseball history and its unique connection to American history will
be preserved and recounted for future generations.
(4) Since its opening in 1939, more than 14,000,000 baseball
fans have visited the National Baseball Hall of Fame and Museum to
learn about the history of our national pastime and the game's
connection to the American experience.
(5) The National Baseball Hall of Fame and Museum is an
educational institution, reaching 10,000,000 Americans annually.
Utilizing video conference technology, students and teachers
participate in interactive lessons led by educators from the
National Baseball Hall of Fame Museum. These award-winning
educational programs draw upon the wonders of baseball to reach
students in classrooms nationwide. Each educational program uses
baseball as a lens for teaching young Americans important lessons
on an array of topics, including mathematics, geography, civil
rights, women's history, economics, industrial technology, arts,
and communication.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and celebration of the National
Baseball Hall of Fame, 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 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 400,000 $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.
(3) Half-dollar clad coins.--Not more than 750,000 half-dollar
coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar coins
contained in section 5112(b) of title 31, United States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
(d) Sense of Congress.--It is the sense of Congress that, to the
extent possible without significantly adding to the purchase price of
the coins, the $1 coins and $5 coins minted under this Act should be
produced in a fashion similar to the 2009 International Year of
Astronomy coins issued by Monnaie de Paris, the French Mint, so that
the reverse of the coin is convex to more closely resemble a baseball
and the obverse concave, providing a more dramatic display of the
obverse design chosen pursuant to section 4(c).
SEC. 4. DESIGN OF COINS.
(a) In General.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with--
(A) the National Baseball Hall of Fame;
(B) the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(b) Designations and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2014''; and
(3) inscriptions of the words ``Liberty'', ``In God We Trust'',
``United States of America'', and ``E Pluribus Unum''.
(c) Selection and Approval Process for Obverse Design.--
(1) In general.--The Secretary shall hold a competition to
determine the design of the common obverse of the coins minted
under this Act, with such design being emblematic of the game of
baseball.
(2) Selection and approval.--Proposals for the design of coins
minted under this Act may be submitted in accordance with the
design selection and approval process developed by the Secretary in
the sole discretion of the Secretary. The Secretary shall encourage
3-dimensional models to be submitted as part of the design
proposals.
(3) Proposals.--As part of the competition described in this
subsection, the Secretary may accept proposals from artists,
engravers of the United States Mint, and members of the general
public.
(4) Compensation.--The Secretary shall determine compensation
for the winning design under this subsection, which shall be not
less than $5,000. The Secretary shall take into account this
compensation amount when determining the sale price described in
section 6(a).
(d) Reverse Design.--The design on the common reverse of the coins
minted under this Act shall depict a baseball similar to those used by
Major League Baseball.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2014.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, winning design
compensation, overhead expenses, marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the National Baseball Hall of Fame to help finance its operations.
(c) Audits.--The National Baseball Hall of Fame shall be subject to
the audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are disbursed to
any recipient designated in section 7 until the total cost of
designing and issuing all of the coins authorized by this Act
(including labor, materials, dies, use of machinery, winning design
compensation, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with sections
5112(m) and 5134(f) of title 31, United States Code.
SEC. 9. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Baseball Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar coins in recognition of the National Baseball Hall of Fame during the one-year period beginning on January 1, 2014.
Directs the Secretary to: (1) hold a competition to determine the design of the common obverse of the coins, with such design being emblematic of the game of baseball; and (2) determine compensation for the winning design, which shall be not less than $5,000 and which shall be taken into account when determining the sale price. Requires the design on the common reverse side to depict a baseball similar to those used by Major League Baseball.
Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Baseball Hall of Fame to help finance its operations after the total cost of designing and issuing the coins is recovered by the Treasury.
Directs the Secretary to ensure that minting and issuing coins under this Act will not result in any net cost to the U.S. government. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Baseball Hall of Fame."} | 2,198 | 242 | 0.505838 | 1.558008 | 0.682839 | 4.784753 | 9.053812 | 0.946188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Peace for Sudan Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of Sudan has engaged in an orchestrated
campaign of genocide in Darfur, Sudan, and has severely
restricted humanitarian and human rights workers' access to
Darfur in an attempt to inflict further harm on the Fur,
Masalit, and Zaghawa people of Darfur and to prevent the
collection of evidence of war crimes and crimes against
humanity.
(2) As a result of this campaign, as many as 30,000 people
have been killed, more than 1,000,000 people have been
displaced within Sudan, and approximately 200,000 have been
made refugees in Chad.
(3) As many as 320,000 people may die unless humanitarian
aid is immediately delivered to the affected individuals.
(4) The United Nations High Commissioner for Human Rights
issued a report which ``identified... massive human rights
violations in Darfur perpetrated by the Government of Sudan and
its proxy militia, which may constitute war crimes and/or
crimes against humanity''.
(5) The Government of Chad, under President Idriss Deby,
has served an important role in facilitating a renewable
``humanitarian cease-fire'' between the Government of Sudan and
the two rebel groups challenging that Government in Darfur, the
Justice and Equality Movement and the Sudan Liberation
Movement, and has been a crucial partner in permitting
humanitarian assistance to reach refugees who have crossed from
Darfur to Chad in the tens of thousands.
(6) The cooperation and mediation of the SPLM is critical
to bringing about a political settlement between the
Government, the Sudanese Liberation Army, and the Justice and
Equality Movement.
(7) Practical implementation of a comprehensive peace
agreement between the SPLM and the Government of Sudan is
impossible without the implementation of a peace agreement for
Darfur.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) SPLM.--The term ``SPLM'' means the Sudan People's
Liberation Movement.
SEC. 4. SENSE OF CONGRESS REGARDING ACTIONS TO ADDRESS THE CONFLICT IN
DARFUR.
It is the sense of Congress that--
(1) the United Nations Security Council should immediately
pass a resolution--
(A) condemning the actions of the Government of
Sudan in Darfur; and
(B) setting out specific actions that such
Government must take to avoid the reimposition of
sanctions;
(2) the United States Ambassador at Large for War Crimes
should travel to the region to investigate allegations of war
crimes, crimes against humanity, and genocide brought against
the Government of Sudan;
(3) the President should immediately name a new Special
Envoy to Sudan whose responsibilities include support for
conflict mitigation throughout Sudan;
(4) the SPLM should take advantage of the opportunity
afforded by the May 26, 2004, signing of the three protocols to
help broker a political settlement to the conflict in Darfur;
(5) restrictions pursuant to Executive Order 13067 (50
U.S.C. 1701 note) should not be lifted unless there is peace in
Darfur; and
(6) upon implementation of a peace agreement in Darfur, the
signing of a comprehensive peace agreement between the SPLM and
the Government of Sudan, and full cooperation from the
Government of Sudan on the war against terrorism, the
Government of the United States should immediately begin
discussions of the necessary steps to normalize relations with
Sudan, including the lifting of all economic and political
sanctions.
SEC. 5. ASSISTANCE FOR SUDAN.
(a) Humanitarian Assistance for Chad and Darfur.--The President is
authorized to provide $200,000,000 in fiscal year 2005 in assistance to
meet the humanitarian crisis in Chad and Darfur pursuant to section 491
of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of
the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) to
provide shelter, health, water and sanitation, protection of vulnerable
populations, food, and other appropriate relief items.
(b) Assistance To Support a Comprehensive North-South Peace
Agreement.--Notwithstanding any other provision of law, and subject to
subsection (d), the President is authorized to provide $800,000,000 in
assistance to support a comprehensive North-South peace agreement in
Sudan for purposes including commercial assistance, infrastructure
rehabilitation, disarmament and demobilization of fighters, and
training and technical assistance to integrate members of the SPLM into
the interim Government of Sudan.
(c) Certification.--The President shall submit a certification to
the appropriate congressional committees not later than 180 days after
the date of enactment of this Act, and every 180 days thereafter, that
the Government of Sudan has--
(1) ensured that the armed forces and the militias, known
as the Janjaweed, are not attacking civilians;
(2) taken significant demonstrable and verifiable steps to
demobilize and disarm the Janjaweed in Darfur;
(3) ceased harassment of aid workers, including those who
report human rights abuses, and allowed unfettered humanitarian
access to Darfur; and
(4) fully cooperated with the deployment and operation of
the African Union monitoring team for Darfur.
(d) Prohibition and Suspension of Assistance.--
(1) Prohibition.--If the President does not submit the
certification described in subsection (c) then the President
may not provide the assistance authorized in subsection (b).
(2) Suspension.--If, on a date after the President submits
the certification described in subsection (c), the President
determines such Government has ceased taking such actions, the
President shall immediately suspend the provision of the assistance
authorized in subsection (b) until the date on which the President
certifies that such Government has resumed taking such actions.
SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) Measures and Sanctions in Support of Peace.--On the date that
is 120 days after the date of enactment of this Act, if the President
has not submitted the certification described in subsection (c)(1)--
(1) the President shall implement the measures set forth in
section 6(b)(2) of the Sudan Peace Act (50 U.S.C. 1701 note);
and
(2) notwithstanding section 428(b) of the Homeland Security
Act of 2002 (6 U.S.C. 236(b)), the Secretary of State shall
prohibit the granting of a visa to--
(A) a senior member of the Government of Sudan;
(B) a senior official of the military of Sudan; or
(C) a family member of an individual described in
subparagraph (A) or (B).
(b) Continuation of Restrictions.--Restrictions against the
Government of Sudan that were imposed pursuant to title III and
sections 508, 512, and 527 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2004 (Division D of Public Law
108-199; 118 Stat. 143) shall remain in place until the President makes
the certification described in subsection (c)(1).
(c) Certification.--The certification referred to in subsections
(a) and (b) is a certification submitted by the President to the
appropriate congressional committees not later than 30 days after the
date of enactment of this Act, and every 90 days thereafter, that--
(A) the armed forces of the Government of Sudan and
militias allied with such Government have not attacked
civilians in Sudan since the date of enactment of this
Act; and
(B) the Government of Sudan is allowing unfettered
humanitarian access to people in Darfur.
SEC. 7. MULTILATERAL EFFORTS.
The Secretary of State shall direct the United States Permanent
Representative to the United Nations to pursue a Security Council
Resolution that condemns the Government of Sudan for its actions in
Darfur and calls for--
(1) accountability for those who are found responsible for
orchestrating and carrying out the atrocities in Darfur; and
(2) member states of the United Nations to--
(A) freeze the assets of senior members of the
Government of Sudan and their families held in each
such member state;
(B) cease to import Sudanese oil;
(C) restrict the entry or transit of senior members
of the Government of Sudan and their families through
each such member state;
(D) deny permission for any aircraft registered in
Sudan to take off from, land in, or overfly each such
member state; and
(E) cease selling arms to the Government of Sudan.
SEC. 8. REPORTING REQUIREMENTS.
Not later than 30 days after the date of enactment of this Act, the
President shall submit to the appropriate congressional committees a
report that includes--
(1) plans for and resources needed to assist with the
reconstruction of Sudan to support a comprehensive peace
agreement between the Government of Sudan and the SPLM,
including a description of the effect that the crisis in Darfur
will have on the resources needed;
(2) contingency plans for the delivery of humanitarian
assistance through nonmilitary means should the Government of
Sudan continue to obstruct or delay the international
humanitarian response for the 2,000,000 Sudanese civilians
declared vulnerable in Darfur;
(3) an assessment of the United States military personnel,
platforms, equipment, and their associated costs required
(should other efforts fail) to--
(A) deliver humanitarian assistance to Darfur; or
(B) provide security for the delivery of
humanitarian assistance; and
(4) a strategy for providing medical and psycho-social
assistance to victims of torture and sexual violence in Darfur.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
President--
(1) for fiscal year 2005, $200,000,000 to carry out the
activities described in section 5(a); and
(2) for fiscal years 2005 through 2008, a total of
$800,000,000 to carry out the activities described in section
5(b).
(b) Reduction of Available Funds.--The amount authorized to be
appropriated under subsection (a)(2) shall be reduced by $50,000,000
180 days after the date of enactment of this Act if the President has
not made the certification described in section 5(c) by the end of that
180-day period, and shall be reduced by an additional $50,000,000 at
the end of each 180-day period thereafter that has ended before the
President has made such certification. | Comprehensive Peace for Sudan Act - Authorizes the President to provide: (1) humanitarian assistance for Chad and Darfur; and (2) assistance to support a North-South peace agreement in Sudan, contingent upon a continuing certification to the appropriate congressional committees that the Government of Sudan is acting to demobilize the Janjaweed militia, protect civilians, and cooperate with aid workers and the African Union monitoring team.
Directs the President to take specified sanctions against Sudan and its officials if Sudan has not taken actions necessary for such certification.
Directs the Secretary of State to require the U.S. Permanent Representative to the United Nations to pursue a Security Council Resolution condemning Sudan for its actions in Darfur and calling for: (1) accountability for those responsible for the atrocities in Darfur; and (2) member states of the United Nations to freeze the assets of senior members of the Government of Sudan, cease importing Sudanese oil, restrict the entry or transit of senior members of the Government of Sudan, and cease selling arms to the Government of Sudan. | {"src": "billsum_train", "title": "A bill to provide assistance to Sudan, and for other purposes."} | 2,328 | 218 | 0.556623 | 1.776492 | 0.734948 | 4.232323 | 10.777778 | 0.929293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Reasonable Energy Price
Protection Act of 2005''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS
THEREOF
``Sec. 5896. Imposition of tax.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed an excise tax on the sale in the United
States of any crude oil, natural gas, or other taxable product a tax
equal to the applicable percentage of the windfall profit on such sale.
``(b) Definitions.--For purposes of this section--
``(1) Taxable product.--The term `taxable product' means
any fuel which is a product of crude oil or natural gas.
``(2) Windfall profit.--The term `windfall profit' means,
with respect to any sale, so much of the profit on such sale as
exceeds a reasonable profit.
``(3) Applicable percentage.--The term `applicable
percentage' means--
``(A) 50 percent to the extent that the profit on
the sale exceeds 100 percent of the reasonable profit
on the sale but does not exceed 102 percent of the
reasonable profit on the sale,
``(B) 75 percent to the extent that the profit on
the sale exceeds 102 percent of the reasonable profit
on the sale but does not exceed 105 percent of the
reasonable profit on the sale, and
``(C) 100 percent to the extent that the profit on
the sale exceeds 105 percent of the reasonable profit
on the sale.
``(4) Reasonable profit.--The term `reasonable profit'
means the amount determined by the Reasonable Profits Board to
be a reasonable profit on the sale.
``(c) Liability for Payment of Tax.--The taxes imposed by
subsection (a) shall be paid by the seller.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 56. Windfall profit on crude oil and refined petroleum
products''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REASONABLE PROFITS BOARD.
(a) Establishment.--There is established an independent board to be
known as the ``Reasonable Profits Board'' (hereafter in this section
referred to as the ``Board'').
(b) Duties.--The Board shall make reasonable profit determinations
for purposes of applying section 5896 of the Internal Revenue Code of
1986 (relating to windfall profit on crude oil, natural gas, and
products thereof).
(c) Advisory Committee.--The Board shall be considered an advisory
committee within the meaning of the Federal Advisory Committee Act (5
U.S.C. App.).
(d) Appointment.--
(1) Members.--The Board shall be composed of 3 members
appointed by the President of the United States.
(2) Term.--Members of the Board shall be appointed for a
term of 3 years.
(3) Background.--The members shall have no financial
interests in any of the businesses for which reasonable profits
are determined by the Board.
(e) Pay and Travel Expenses.--
(1) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), members of the Board shall be
paid at a rate equal to the daily equivalent of the minimum
annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the actual performance of duties vested in the Board.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with section 5702 and 5703 of title 5, United States
Code.
(f) Director of Staff.--
(1) Qualifications.--The Board shall appoint a Director who
has no financial interests in any of the businesses for which
reasonable profits are determined by the Board.
(2) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), the Director shall be paid at
the rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(g) Staff.--
(1) Additional personnel.--The Director, with the approval
of the Board, may appoint and fix the pay of additional
personnel.
(2) Appointments.--The Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(3) Detailees.--Upon the request of the Director, the head
of any Federal department or agency may detail any of the
personnel of that department or agency to the Board to assist
the Board in accordance with an agreement entered into with the
Board.
(4) Assistance.--The Comptroller General of the United
States may provide assistance, including the detailing of
employees, to the Board in accordance with an agreement entered
into with the Board.
(h) Other Authority.--
(1) Experts and consultants.--The Board may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to
section 3109 of title 5, United States Code.
(2) Leasing.--The Board may lease space and acquire
personal property to the extent that funds are available.
(i) Funding.--There are authorized to be appropriated such funds as
are necessary to carry out this section.
SEC. 4. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.
In addition to amounts appropriated pursuant to section 2602 of the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621), there
are hereby appropriated to the Secretary of Health and Human Services
amounts equivalent to the taxes received in the Treasury under section
5896 of the Internal Revenue Code of 1986. Amounts appropriated under
the preceding sentence shall be available for allocation under section
2604(a)(1)(A) of such Act (42 U.S.C. 8623(a)(1)(A)). | Consumer Reasonable Energy Price Protection Act of 2005 - Amends the Internal Revenue Code to impose a windfall profit tax on crude oil, natural gas, or fuel which is the product of crude oil or natural gas. Defines "windfall profit" as so much of the profit as exceeds a reasonable profit. Establishes a Reasonable Profits Board to determine reasonable profit. Dedicates the proceeds of such tax to the low-income home energy assistance program. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on oil and natural gas (and products thereof) and to appropriate the proceeds for the Low-Income Home Energy Assistance Program."} | 1,546 | 103 | 0.57374 | 1.427876 | 1.008353 | 4.024096 | 16.108434 | 0.891566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Treatment Improvement Act of
1997''.
SEC. 2. MEDICAID COVERAGE OF HIV-INFECTION-RELATED DRUG TREATMENT FOR
CERTAIN INDIVIDUALS.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(10)--
(A) by striking ``and'' at the end of subparagraph
(E);
(B) by adding ``and'' at the end of subparagraph
(F); and
(C) by inserting after subparagraph (F) the
following new subparagraph:
``(G) for making medical assistance available for
HIV-infection-related drug treatment (as defined in
subsection (aa)(2)) for certain HIV-infected
individuals (as defined in subsection (aa)(1));''; and
(2) by adding at the end the following new subsection:
``(aa)(1) HIV-infected individuals described in this paragraph are
individuals not described in subsection (a)(10)(A)(i)--
``(A) who have HIV infection;
``(B) whose income (as determined under the State plan
under this title with respect to disabled individuals) does not
exceed the maximum amount of income a disabled individual
described in subsection (a)(10)(A)(i) may have and obtain
medical assistance under the plan; and
``(C) whose resources (as determined under the State plan
under this title with respect to disabled individuals) do not
exceed the maximum amount of resources a disabled individual
described in subsection (a)(10)(A)(i) may have and obtain
medical assistance under the plan.
``(2) For purposes of subsection (a)(10), subject to paragraph (3),
the term `HIV-infection-related drug treatment' means each of the
following services to monitor and treat HIV infection through drug
treatment:
``(A) Prescribed drugs.
``(B) Physicians' services and services described in
section 1905(a)(2).
``(C) Diagnostic tests described in paragraphs (3) and (13)
of section 1905(a).
``(D) Services, such as substance abuse and mental health
treatment and medical case management services, to the extent
required in order to assure compliance with a regimen of drug
treatment.
``(3) HIV-infection-related drug treatment under a State plan shall
be such services described in paragraph (2) as meet the needs of HIV-
infected individuals, based on the most current national guidelines
that are recognized by the Secretary and that relate to the treatment
of HIV infection through drug treatment and without regard to any
prescription drug formulary that would otherwise be applied under the
State plan.''.
(b) Conforming Amendments.--
(1) Section 1902(a)(10) of such Act (42 U.S.C.
1396a(a)(10)) is further amended, in the matter following
subparagraph (G), as inserted by subsection (a)(1)--
(A) by striking ``and'' before ``(XIII)'', and
(B) by inserting before the semicolon at the end
the following: ``and (XIV) the medical assistance made
available to an individual described in subparagraph
(G) who is eligible for medical assistance only because
of such subparagraph shall be limited to medical
assistance for HIV-infection-related drug treatment (as
defined in subsection (aa)(2))''.
(2) Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is
amended, in the matter before paragraph (1)--
(A) by striking ``or'' at the end of clause (x),
(B) by adding ``or'' at the end of clause (xi), and
(C) by inserting after clause (xii) the following
new clause:
``(xii) individuals described in section 1902(aa)(1);''.
(c) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall apply to calendar
quarters beginning on or after the date of the enactment of this Act,
without regard to whether or not final regulations to carry out such
amendments have been promulgated by such date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirements imposed by the amendments made by subsections (a) and (b),
the State plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure to meet
these additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of the enactment of
this Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such session shall
be deemed to be a separate regular session of the State legislature.
SEC. 3. PUBLIC HEALTH SERVICE ACT; MODIFICATIONS TO PROGRAM OF
TREATMENTS FOR HIV DISEASE.
(a) Requirements Regarding Types of Treatments.--Section 2616(c))
of the Public Health Service Act (42 U.S.C. 300ff-26(c)) is amended--
(1) in the matter preceding paragraph (1), by striking
``the State shall--'' and inserting ``the State--'';
(2) by redesignating paragraphs (3) through (5) as
paragraphs (5) through (7);
(3) by striking paragraphs (1) and (2); and
(4) by inserting before paragraph (5) (as redesignated by
paragraph (2)) the following paragraphs:
``(1) shall determine, in accordance with guidelines issued
by the Secretary, which treatments and which laboratory
services are to be included in the program under subsection
(a);
``(2) shall provide for the medical administration of such
drugs in accordance with guidelines issued by the Secretary for
treatments described in subsection (a) (or in accordance with
guidelines recognized by the Secretary as appropriate
guidelines for such treatment);
``(3) shall not for purposes of this section adopt any
policy medically inconsistent with the guidelines of the
Secretary that are referred to in paragraphs (1) and (2);
``(4) shall provide assistance for the purchase of
treatments and laboratory services included in the program, and
the provision of such ancillary devices as are essential to
administer the treatments;''.
(b) Non-Federal Contributions as Condition for Receipt of Certain
Amounts.--Section 2618(b)(2)(H) of the Public Health Service Act (42
U.S.C. 300ff-28(b)(2)(H)) is amended to read as follows:
``(H) Appropriations for treatment drug program.--
``(i) With respect to the fiscal year
involved, if under section 2677 an
appropriations Act provides an amount
exclusively for carrying out section 2616, the
portion of such amount allocated to a State
shall, subject to clause (ii), be the product
of--
``(I) 100 percent of such amount;
and
``(II) the percentage constituted
by the ratio of the State distribution
factor for the State (as determined
under subparagraph (B)) to the sum of
the State distribution factors for all
States.
``(ii)(I) In the case of a State for which
the allocation determined under clause (i) for
the fiscal year involved exceeds $1,000,000,
the State may not receive the allocation unless
the State agrees that, with respect to the
costs to be incurred by the State in carrying
out section 2616, the State will make available
(directly or through donations from public or
private entities) non-Federal contributions
toward such costs in an amount that is not less
than 20 percent of such costs ($1 for each $4
of Federal funds provided in the allocation).
``(II) Non-Federal contributions required
in clause (i) may be in cash or in kind, fairly
evaluated, including plant, equipment, or
services. Amounts provided by the Federal
Government, and any portion of any service
subsidized by the Federal Government, may not
be included in determining the amount of such
non-Federal contributions.''.
(c) Technical and Conforming Amendments.--Section 2616 of the
Public Health Service Act (42 U.S.C. 300ff-26) is amended--
(1) in subsection (a)--
(A) by striking ``to provide'' and all that follows
through ``prevent'' and inserting ``to provide
treatments for HIV disease and for the prevention of'';
and
(B) by inserting before the period ``, and to
provide related laboratory services''; and
(2) in subsection (c)--
(A) in each of paragraphs (5) through (7) (as
redesignated by subsection (a)(2) of this section), by
inserting ``shall'' after the paragraph designation;
and
(B) in paragraph (7) (as so redesignated), by
striking ``progress'' and all that follows through
``subsection (a)'' and inserting ``progress made in
making treatments described in subsection (a)''.
SEC. 4. PUBLIC HEALTH SERVICE ACT; MINIMUM GRANT UNDER CARE GRANT
PROGRAM REGARDING HIV DISEASE.
Section 2618(b)(1)(A) of the Public Health Service Act (42 U.S.C.
300ff-28(b)(1)(A)) is amended to read as follows:
``(A) each of the several States and the District
of Columbia for a fiscal year shall be the greater of--
``(i) $250,000; or
``(ii) an amount determined under paragraph
(2); and''. | HIV Treatment Improvement Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to require State Medicaid plans to make medical assistance available for HIV-infection-related drug treatment for certain HIV-infected individuals.
Amends the Public Health Service Act to modify the program for treatments for HIV disease, including providing for the inclusion of laboratory services in such program. Requires, as a condition for receiving Federal treatment drug program funding, that States allocated more than $1 million in HIV-related care grants for a fiscal year provide non-Federal contributions toward at least 20 percent of the costs the State will incur in carrying out such program. Revises the formula for determining the minimum grant allotment under such program to eliminate the distinction between States with less than 90 living acquired immune deficiency syndrome (AIDS) cases and States with more than that number. | {"src": "billsum_train", "title": "HIV Treatment Improvement Act of 1997"} | 2,268 | 193 | 0.521783 | 1.432651 | 0.723883 | 2.053892 | 12.245509 | 0.808383 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Lung Disability Trust Fund
Debt Restructuring Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Black Lung Disability Trust Fund (in this Act
referred to as the ``Trust Fund'') was created in 1978 as part
of the Black Lung Benefits Revenue Act of 1977, with the goal
of shifting, from the Federal Government to the coal mining
industry, the cost of compensating victims of occupational
black lung disease.
(2) The Trust Fund draws its principal revenue from excise
taxes on coal. The Black Lung Benefits Revenue Act of 1977
authorized repayable advances from the Treasury to the Trust
Fund, in such sums as may be necessary to make benefit payments
and other authorized expenditures. Any such advances are
required to be repaid, with interest at the rate prescribed in
section 9501(c)(3) of the Internal Revenue Code of 1986 to the
general fund of the Treasury when the Secretary of the Treasury
determines that monies are available in the Trust Fund for such
purposes.
(3) In each year prior to 1990, the Trust Fund revenues
were insufficient to satisfy all benefit payments and other
authorized expenditures, resulting in the need for repayable
advances from the Treasury to the Trust Fund.
(4) Since 1990, the Trust Fund revenues from excise taxes
on coal have generally been sufficient to cover current benefit
payments and administrative costs, but have not been sufficient
to repay any portion of the outstanding principal that the
Trust Fund owes to the Treasury. Instead, that indebtedness has
grown each year as additional advances were taken to pay the
portion of the interest charges not covered by the Trust Fund's
revenues.
(5) Beginning in 1998, the annual interest charges on the
debt alone have exceeded benefit payments made by the Trust
Fund.
(6) The annual interest charges to the Trust Fund now
exceed its total annual excise tax revenues.
(7) Without action, the Trust Fund's indebtedness to the
Treasury, which totals approximately $8,200,000,000, will
continue to grow and the Trust Fund will never become solvent,
even when benefit outlays have declined to a level approaching
zero.
(8) It is in the public interest to refinance the Trust
Fund debt and to restore long-term fiscal solvency to the Trust
Fund.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Repayable advance.--The term ``repayable advance''
means an amount that has been appropriated to the Trust Fund in
order to make benefit payments and other expenditures that are
authorized under section 9501 of the Internal Revenue Code of
1986 and are required to be repaid when the Secretary of the
Treasury determines that monies are available in the Trust Fund
for this purpose.
(2) Market value of the outstanding repayable advances,
plus accrued interest.--The term ``market value of the
outstanding repayable advances, plus accrued interest'' means
the present value (determined by the Secretary of the Treasury
as of the refinancing date and using the Treasury rate as the
discount rate) of the stream of principal and interest payments
derived assuming that each repayable advance that is
outstanding on the refinancing date is due on the thirtieth
anniversary of the end of the fiscal year in which the advance
was made to the Trust Fund, and that all such principal and
interest payments are made on September 30 of the applicable
fiscal year.
(3) Refinancing date.--The term ``refinancing date'' means
the date occurring 2 days after the date of the enactment of
this Act.
(4) Treasury 1-year rate.--The term ``Treasury 1-year
rate'' means a rate determined by the Secretary of the
Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States with
remaining periods to maturity of approximately 1 year, to have
been in effect as of the close of business 1 business day
before the date on which the Trust Fund issues obligations to
the Secretary of the Treasury under section 4(b).
(5) Treasury rate.--The term ``Treasury rate'' means a rate
determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities.
SEC. 4. REFINANCING OF OUTSTANDING PRINCIPAL OF REPAYABLE ADVANCES AND
UNPAID INTEREST ON SUCH ADVANCES.
(a) In General.--On the refinancing date, the Trust Fund shall pay
the market value of the outstanding repayable advances, plus accrued
interest, by transferring into the general fund of the Treasury the
following sums:
(1) The proceeds from obligations that the Trust Fund shall
issue to the Secretary of the Treasury in such amounts as the
Secretaries of Labor and the Treasury shall determine and
bearing interest at the Treasury rate, and that shall be in
such forms and denominations and be subject to such other terms
and conditions, including maturity, as the Secretary of the Treasury
shall prescribe.
(2) All, or that portion, of the appropriation made to the
Trust Fund pursuant to section 5 that is needed to cover the
difference defined in that section.
(b) Additional Issuance of Obligations.--In the event that the
Trust Fund is unable to repay the obligations that it has issued to the
Secretary of the Treasury under subsection (a)(1) and this subsection,
or is unable to make benefit payments and other authorized
expenditures, the Trust Fund shall issue obligations to the Secretary
of the Treasury in such amounts as may be necessary to make such
repayments, payments, and expenditures, with a maturity of 1 year, and
bearing interest at the Treasury 1 year rate. These obligations shall
be in such forms and denominations and be subject to such other terms
and conditions as the Secretary of the Treasury shall prescribe.
(c) Authorization To Issue Obligations.--The Trust Fund is
authorized to issue obligations to the Secretary of the Treasury under
subsections (a)(1) and (b). The Secretary of the Treasury is authorized
to purchase such obligations of the Trust Fund. For the purposes of
making such purchases, the Secretary of the Treasury may use as a
public debt transaction the proceeds from the sale of any securities
issued under chapter 31 of title 31, United States Code, and the
purposes for which securities may be issued under such chapter are
extended to include any purchase of such Trust Fund obligations under
this subsection.
SEC. 5. APPROPRIATIONS.
There is hereby appropriated to the Trust Fund an amount sufficient
to pay to the general fund of the Treasury the difference between--
(1) the market value of the outstanding repayable advances,
plus accrued interest, and
(2) the proceeds from the obligations issued by the Trust
Fund to the Secretary of the Treasury under section 4(a)(1).
SEC. 6. PREPAYMENT OF TRUST FUND OBLIGATIONS.
The Trust Fund is authorized to repay any obligation issued to the
Secretary of the Treasury under subsections (a)(1) and (b) of section 4
before its maturity date by paying a prepayment price that would, if
the obligation being prepaid (including all unpaid interest accrued
thereon through the date of prepayment) were purchased by a third party
and held to the maturity date of such obligation, produce a yield to
the third-party purchaser for the period from the date of purchase to
the maturity date of such obligation substantially equal to the
Treasury yield on outstanding marketable obligations of the United
States having a comparable maturity to this period.
SEC. 7. EXTENSION OF EXCISE TAX LEVELS.
Paragraph (2) of section 4121(e) of the Internal Revenue Code of
1986 (relating to reduction in amount of tax) is amended to read as
follows:
``(2) Temporary increase termination date.--For purposes of
paragraph (1), the temporary increase termination date is the
first January 1 following a determination by the Secretary that
there are--
``(A) no outstanding obligations of the Black Lung
Disability Trust Fund held by the Secretary; and
``(B) no unpaid interest on such obligations.''. | Black Lung Disability Trust Fund Debt Restructuring Act - Requires the Black Lung Disability Trust Fund, on a certain refinancing date, to pay the market value of the outstanding repayable advances, plus accrued interest, by transferring into the general fund of the Treasury specified amounts derived from proceeds from obligations issued to the Secretary of the Treasury and from an appropriation to the Trust Fund under this Act.
Authorizes the Trust Fund to issue additional obligations to the Secretary if it is unable to: (1) repay those obligations issued in such initial repayment; or (2) make benefit payments and other authorized expenditures.
Amends the Internal Revenue Code to extend provisions for a temporary increase in excise tax levels related to the Trust Fund. | {"src": "billsum_train", "title": "A bill to resolve the structural indebtedness of the Black Lung Disability Trust Fund, and for other purposes."} | 1,755 | 163 | 0.64007 | 2.031457 | 0.9434 | 3.978261 | 11.985507 | 0.92029 |
SECTION 1. FINDINGS.
Congress finds that--
(1) Dr. Dorothy Irene Height was born on March 24, 1912, to
James Edward Height and Fannie (Borroughs) Height in Richmond,
Virginia, and was raised in Rankin, Pennsylvania;
(2) Dr. Height is recognized as one of the preeminent
social and civil rights activists of her time, particularly in
the struggle for equality, social justice, and human rights for
all peoples;
(3) beginning as a civil rights advocate in the 1930s, she
soon gained prominence through her tireless efforts to promote
interracial schooling, to register and educate voters, and to
increase the visibility and status of women in our society;
(4) Dr. Height has labored to provide hope for inner-city
children and their families, and she is responsible for many of
the advances made by women and African Americans over the
course of the last century;
(5) her public career spans over 65 years;
(6) Dr. Height was a valued consultant on human and civil
rights issues to First Lady Eleanor Roosevelt and she
encouraged President Eisenhower to desegregate the Nation's
schools and President Johnson to appoint African-American women
to subCabinet posts;
(7) Dr. Height has been President of the National Council
of Negro Women (NCNW) since 1957, a position to which she was
appointed upon the retirement of Dr. Mary McLeod Bethune, one
of the most influential African-American women in United States
history;
(8) the National Council of Negro Women is currently the
umbrella organization for 250 local groups and 38 national
groups engaged in economic development and women's issues;
(9) under Dr. Height's leadership, the National Council of
Negro Women implemented a number of new and innovative programs
and initiatives, including--
(A) Operation Woman Power, a project to expand
business ownership by women and to provide funds for
vocational training;
(B) leadership training for African-American women
in the rural South;
(C) the Black Family Reunion, a nationwide annual
gathering to encourage, renew, and celebrate the
concept of not only the Black family, but of all
families;
(D) the Women's Center for Education and Career
Advancement, established to empower minority women in
nontraditional careers; and
(E) the Bethune Museum and Archives, a museum
devoted to the history of African-American women;
(10) Dr. Height has been at the forefront of AIDS
education, both nationally and internationally, and under her
direction, the National Council of Negro Women established
offices in West Africa and South Africa and worked to improve
the conditions of women in the developing world;
(11) Dr. Height has been central in the success of 2 other
influential women's organizations, specifically--
(A) as president and executive board member of
Delta Sigma Theta Sorority, Inc., Dr. Height left the
sorority more efficient and globally focused with a
centralized headquarters; and
(B) her work with the Young Women's Christian
Association (YWCA) led to its integration and more
active participation in the civil rights movement;
(12) Dr. Height was the only female member of the ``Big
Six'' civil rights leaders, which included Whitney Young, A.
Phillip Randolph, the Reverend Dr. Martin Luther King, Jr.,
James Farmer, and Roy Wilkins, while strategies were developed
for the civil rights movement;
(13) Dr. Height is the recipient of many awards and
accolades for her efforts on behalf of women's rights,
including--
(A) the Spingarn Award, the highest honor bestowed
by the National Association for the Advancement of
Colored People (NAACP) for civil rights contributions;
(B) the Presidential Medal of Freedom, awarded by
President Clinton;
(C) the John F. Kennedy Memorial Award, from the
National Council of Jewish Women;
(D) the Ministerial Interfaith Association Award,
for her contributions to interfaith, interracial, and
ecumenical movements for over 30 years;
(E) the Lovejoy Award, the highest recognition by
the Grand Lodge of the Benevolent and Protective Order
of Elks of the World, for outstanding contributions to
human relations;
(F) the Ladies Home Journal Woman of the Year
Award, in recognition for her work for human rights;
(G) the William L. Dawson Award, presented by the
Congressional Black Caucus for decades of public
service to people of color and particularly women;
(H) the Citizens Medal Award for distinguished
service, presented by President Reagan; and
(I) the Franklin Delano Roosevelt Freedom Medal,
awarded by the Franklin and Eleanor Roosevelt
Institute; and
(14) Dr. Dorothy Height has established a lasting legacy of
public service that has been an invaluable contribution to the
progress of the Nation.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of Congress, to Dr. Dorothy Irene Height, a gold
medal of appropriate design in recognition of her many contributions to
the Nation.
(b) Design and Striking.--For purpose of the presentation referred
to in subsection (a), the Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 2 at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. STATUS AS NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund an amount
not to exceed $30,000 to pay for the cost of the medal authorized under
section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Authorizes the President to present to Dr. Dorothy Height (President of the National Council of Negro Women) a congressional gold medal in recognition of her many contributions to the Nation. | {"src": "billsum_train", "title": "A bill to award a congressional gold medal to Dr. Dorothy Height, in recognition of her many contributions to the Nation."} | 1,374 | 40 | 0.512817 | 1.481844 | -0.09444 | 3.575758 | 39.030303 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Good Cyber Hygiene Act of
2017''.
SEC. 2. CYBER HYGIENE BEST PRACTICES.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director of the National Institute of
Standards and Technology shall establish a list of best practices for
effective and usable cyber hygiene--
(1) in consultation with the Federal Trade Commission and
the Secretary of Homeland Security;
(2) after notice and an opportunity for public comment; and
(3) for use by--
(A) the Federal Government;
(B) the private sector; and
(C) any person utilizing an information system or
device.
(b) Best Practices.--A best practice on the list established under
subsection (a) shall--
(1) be a simple, basic control that has the greatest effect
in defending against a common cybersecurity threat or risk;
(2) utilize a technology that is commercial, off-the-shelf,
and based on international standards; and
(3) to the degree practicable, be based on and consistent
with the Cybersecurity Framework contained in Executive Order
13636, entitled ``Improving Critical Infrastructure
Cybersecurity'', issued in February 2013, or any successor
framework.
(c) Voluntary Practices.--A best practice on the list established
under subsection (a) shall be considered voluntary and is not intended
to be construed as mandatory.
(d) Baseline.--The Director shall encourage the use of the best
practices as the baseline provided by the list established under
subsection (a) is encouraged to be not only used but improved upon by
any entity including--
(1) the Federal Government;
(2) the private sector; and
(3) any person utilizing an information system or device.
(e) Annual Updates.--Not less frequently than once each year, the
Director shall review and update the list established under subsection
(a).
(f) Public Availability.--
(1) In general.--The Director shall publish the list of
best practices established under subsection (a) in a clear and
concise format.
(2) Availability.--The Federal Trade Commission and the
Small Business Administration shall make such list of best
practices prominently available on the public Internet website
of each respective agency.
(g) Other Federal Cybersecurity Requirements.--Nothing in this
section shall be construed to supersede, alter, or otherwise affect any
cybersecurity requirements applicable to any Federal agency.
(h) Considerations.--In carrying out subsection (a), the head of
each agency of the Federal Government shall consider the benefit, as
pertaining to cyber hygiene, of an emerging technology or process
capable of providing any enhanced security protection, including--
(1) multi-factor authentication;
(2) data loss prevention;
(3) micro-segmentation;
(4) data encryption;
(5) cloud services;
(6) anonymization;
(7) software patching and maintenance;
(8) phishing education; and
(9) other standard cybersecurity measures to achieve
trusted security in the infrastructure.
(i) Study on Emerging Concepts To Promote Effective Cyber Hygiene
for the Internet of Things.--
(1) Internet of things defined.--The term ``Internet of
Things'' means the set of physical objects embedded with
sensors or actuators and connected to a network.
(2) Study required.--The Secretary of Homeland Security, in
coordination with the Director of the National Institute of
Standards and Technology and the Federal Trade Commission,
shall conduct a study on cybersecurity threats relating to the
Internet of Things.
(3) Matters studied.--As part of the study required by
paragraph (2), the Secretary shall--
(A) assess cybersecurity threats relating to the
Internet of Things;
(B) assess the effect such threats may have on the
cybersecurity of the information systems and networks
of the Federal Government (except for the information
systems and networks of the Department of Defense and
the intelligence community (as defined in Section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)));
and
(C) develop recommendations for addressing such
threats.
(4) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall--
(A) complete the study required by paragraph (2);
and
(B) submit to Congress a report that contains the
findings of the Secretary with respect to such study
and the recommendations developed by the secretary
under paragraph (3)(C). | Promoting Good Cyber Hygiene Act of 2017 This bill requires the National Institute of Standards and Technology to establish for use by the federal government, the private sector, and any person utilizing an information system or device a list of best practices to defend against common cybersecurity threats or risks. The Department of Homeland Security must assess cybersecurity threats, the effect of such threats on the federal government's information systems and networks, and submit recommendations for addressing such threats. | {"src": "billsum_train", "title": "Promoting Good Cyber Hygiene Act of 2017"} | 961 | 115 | 0.537051 | 1.545203 | 0.634634 | 3.011905 | 11.095238 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Housing Preservation Act
of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) availability of low-income housing rental units has
declined nationwide in the last several years;
(2) as rents for low-income housing increase and the
development of new units of affordable housing decreases, there
are fewer privately owned, federally assisted affordable
housing units available to low-income individuals in need;
(3) the demand for affordable housing far exceeds the
supply of such housing, as evidenced by recent studies; and
(4) the efforts of nonprofit organizations have
significantly preserved and expanded access to low-income
housing.
(b) Purposes.--The purposes of this Act are--
(1) to continue the partnerships among the Federal
Government, State and local governments, nonprofit
organizations, and the private sector in operating and
assisting housing that is affordable to low-income persons and
families;
(2) to promote the preservation of affordable housing units
by providing matching grants to States that have developed and
funded programs for the preservation of privately owned housing
that is affordable to low-income families and persons; and
(3) to minimize the involuntary displacement of tenants who
are currently residing in such housing, many of whom are
elderly or disabled persons and families with children.
SEC. 3. DEFINITIONS.
In this Act:
(1) Capital expenditures.--The term ``capital
expenditures'' includes expenditures for acquisition and
rehabilitation.
(2) Low-income affordability restrictions.--The term ``low-
income affordability restrictions'' means, with respect to a
housing project, any limitations imposed by law, regulation, or
regulatory agreement on rents for tenants of the project, rent
contributions for tenants of the project, or income-eligibility
for occupancy in the project.
(3) Project-based assistance.--The term ``project-based
assistance'' has the meaning given such term in section 16(c)
of the United States Housing Act of 1937 (42 U.S.C. 1437n(c)),
except that such term includes assistance under any successor
programs to the programs referred to in such section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(5) State.--The term ``State'' means each of the several
States and the District of Columbia.
SEC. 4. AUTHORITY.
The Secretary shall, to the extent amounts are made available in
advance under section 12, award grants under this Act to States for
low-income housing preservation and promotion.
SEC. 5. APPLICATIONS.
The Secretary shall provide for States (through appropriate State
agencies) to submit applications for grants under this Act. The
Secretary shall require the applications to contain any information and
certifications necessary for the Secretary to determine who is eligible
to receive such a grant.
SEC. 6. USE OF GRANTS.
(a) Eligible Uses.--
(1) In general.--Amounts from grants awarded under this Act
may be used by States only for the purpose of providing
assistance for acquisition, rehabilitation, operating costs,
and capital expenditures for a housing project that meets the
requirements under subsection (b), (c), (d), or (e).
(2) Factors for consideration.--In selecting projects
described in paragraph (1) for assistance with amounts from a
grant awarded under this Act, the State shall--
(A) take into consideration--
(i) whether the assistance will be used to
transfer the project to a resident-endorsed
nonprofit organization;
(ii) whether the owner of the project has
extended the low-income affordability
restrictions on the project for a period of
more than 15 years;
(iii) the extent to which the project is
consistent with the comprehensive housing
affordability strategy approved in accordance
with section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
12705) for the jurisdiction in which the
project is located;
(iv) the extent to which the project
location provides access to transportation,
jobs, shopping, and other similar conveniences;
(v) the extent to which the project meets
fair housing goals;
(vi) the extent to which the project serves
specific needs that are not otherwise met by
the local market, such as housing for the elderly or disabled, or
families with children;
(vii) the extent of local government
resources provided to the project; and
(viii) such other factors as the Secretary
or the State may establish; and
(B) ensure that, to the maximum extent practicable,
projects in both urban and rural areas in the State
receive assistance.
(b) Projects With HUD-Insured Mortgages.--A project meets the
requirements under this subsection only if--
(1) the project is financed by a loan or mortgage that is--
(A) insured or held by the Secretary under section
221(d)(3) of the National Housing Act (12 U.S.C.
1715l(d)(3)) and receiving loan management assistance
under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) due to a conversion from section
101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s);
(B) insured or held by the Secretary and bears
interest at a rate determined under the proviso of
section 221(d)(5) of the National Housing Act (12
U.S.C. 1715l(d)(5)); or
(C) insured, assisted, or held by the Secretary or
a State or State agency under section 236 of the
National Housing Act (12 U.S.C. 1715z-1);
(2) the project is subject to an unconditional waiver of,
with respect to the mortgage referred to in paragraph (1)--
(A) all rights to any prepayment of the mortgage;
and
(B) all rights to any voluntary termination of the
mortgage insurance contract for the mortgage; and
(3) if the low-income affordability restrictions on the
project are for less than 15 years, the owner of the project
has entered into binding commitments (applicable to any
subsequent owner) to extend those restrictions, including any
such restrictions imposed because of any contract for project-
based assistance for the project, for a period of not less than
15 years (beginning on the date on which assistance is made
available for the project by the State under this section).
(c) Projects With Section 8 Project-Based Assistance.--A project
meets the requirements under this subsection only if--
(1) the project is subject to a contract for project-based
assistance; and
(2) the owner of the project has entered into binding
commitments (applicable to any subsequent owner)--
(A) to continue to renew such contract (if offered
on the same terms and conditions) until the later of--
(i) the last day of the remaining term of
the mortgage; or
(ii) the date that is 15 years after the
date on which assistance is made available for
the project by the State under this section;
and
(B) to extend any low-income affordability
restrictions applicable to the project in connection
with such assistance.
(d) Projects Purchased by Residents.--A project meets the
requirements under this subsection only if the project--
(1) is or was eligible low-income housing (as defined in
section 229 of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 (42 U.S.C. 4119)) or is or was a
project assisted under section 613(b) of the Cranston-Gonzalez
National Affordable Housing Act (12 U.S.C. 4125(b));
(2) has been purchased by a resident council or resident-
approved nonprofit organization for the housing or is approved
by the Secretary for such purchase, for conversion to
homeownership housing under a resident homeownership program
meeting the requirements under section 226 of such Act (12
U.S.C. 4116); and
(3) the owner of the project has entered into binding
commitments (applicable to any subsequent owner) to extend such
assistance for not less than 15 years (beginning on the date on
which assistance is made available for the project by the State
under this section) and to extend any low-income affordability
restrictions applicable to the project in connection with such
assistance.
(e) Rural Rental Assistance Projects.--A project meets the
requirements of this section only if--
(1) the project is a rural rental housing project financed
under section 515 of the Housing Act of 1949 (42 U.S.C. 1485);
and
(2) the restriction on the use of the project (as required
under section 502 of the Housing Act of 1949 (42 U.S.C. 1472))
will expire not later than 12 months after the date on which
assistance is made available for the project by the State under
this section.
SEC. 7. AMOUNT OF STATE GRANTS.
(a) In General.--Subject to section 8, in each fiscal year, the
Secretary shall award to each State approved for a grant under this Act
a grant in an amount based upon the proportion of such State's need for
assistance under this Act (as determined by the Secretary in accordance
with subsection (b)) to the aggregate need among all States approved
for such assistance for such fiscal year.
(b) Determination of Need.--In determining the proportion of a
State's need under subsection (a), the Secretary shall consider--
(1) the number of units in projects in the State that are
eligible for assistance under section 6 that, due to market
conditions or other factors, are at risk for prepayment, opt-
out, or otherwise at risk of being lost to the inventory of
affordable housing; and
(2) the difficulty that residents of projects in the State
that are eligible for assistance under section 6 would face in
finding adequate, available, decent, comparable, and affordable
housing in neighborhoods of comparable quality in the local
market, if those projects were not assisted by the State under
section 6.
SEC. 8. MATCHING REQUIREMENT.
(a) In General.--The Secretary may not award a grant under this Act
to a State for any fiscal year in an amount that exceeds twice the
amount that the State certifies, as the Secretary shall require, that
the State will contribute for such fiscal year, or has contributed
since January 1, 1999, from non-Federal sources for the purposes
described in section 6(a).
(b) Treatment of Previous Contributions.--Any portion of amounts
contributed after January 1, 1999, that are counted for purposes of
meeting the requirement under subsection (a) for a fiscal year may not
be counted for such purposes for any subsequent fiscal year.
(c) Treatment of Tax Incentives.--Fifty percent of the funds used
for the project that are allocable to tax credits allocated under
section 42 of the Internal Revenue Code of 1986, revenue from mortgage
revenue bonds issued under section 143 of such Code, or proceeds from
the sale of tax-exempt bonds by any State or local government entity
shall be considered non-Federal sources for purposes of this section.
SEC. 9. TREATMENT OF SUBSIDY LAYERING REQUIREMENTS.
Neither section 8 nor any other provision of this Act may be
construed to prevent the use of tax credits allocated under section 42
of the Internal Revenue Code of 1986 in connection with housing
assisted with amounts from a grant awarded under this Act, to the
extent that such use is in accordance with section 102(d) of the
Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545(d)) and section 911 of the Housing and Community
Development Act of 1992 (42 U.S.C. 3545 note).
SEC. 10. REPORTS.
(a) Reports to Secretary.--Not later than 90 days after the last
day of each fiscal year, each State that receives a grant under this
Act during that fiscal year shall submit to the Secretary a report on
the housing projects assisted with amounts made available under the
grant.
(b) Reports to Congress.--Based on the reports submitted under
subsection (a), the Secretary shall annually submit to Congress a
report on the grants awarded under this section during the preceding
fiscal year and the housing projects assisted with amounts made
available under those grants.
SEC. 11. REGULATIONS.
Not later than 12 months after the date of enactment of this Act,
the Secretary shall issue regulations to carry out this Act.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for grants under this Act
such sums as may be necessary for each of fiscal years 2000 through
2004. | Affordable Housing Preservation Act of 1999 - Directs the Secretary of Housing and Urban Development to make matching grants to States to supplement State and local assistance for the preservation and promotion of low-income housing.
Sets forth eligibility requirements for: (1) projects with Department of Housing and Urban Development-insured mortgages; (2) projects with section 8 project based assistance; (3) projects purchased by residents; and (4) rural rental assistance projects.
Authorizes appropriations. | {"src": "billsum_train", "title": "Affordable Housing Preservation Act of 1999"} | 2,757 | 95 | 0.575248 | 1.39263 | 0.860358 | 2.902174 | 28.130435 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Employment Outcomes of
TANF Recipients Act''.
SEC. 2. IMPROVING ECONOMIC MOBILITY OF TANF RECIPIENTS.
Section 403(a)(4) of the Social Security Act (42 U.S.C. 603(a)(4))
is amended to read as follows:
``(4) Improving economic mobility of tanf recipients.--
``(A) Measuring state performance.--
``(i) In general.--Each State, in
consultation with the Secretary, shall collect
and report information necessary to measure the
level of performance of the State for each
indicator described in clause (ii), for fiscal
year 2019 and each fiscal year thereafter, and
the Secretary shall use the information
collected for fiscal year 2019 to establish the
baseline level of performance of each State for
each such indicator.
``(ii) Indicators.--The indicators
described in this clause, for a fiscal year,
are the following:
``(I) The employment percentage for
the fiscal year, which is equal to--
``(aa) the number of
families receiving assistance
under the State program funded
under this part or any other
State program funded with
qualified State expenditures
(as defined in section
409(a)(7)(B)(ii)) who, during a
quarter in the fiscal year,
exited from the program, and
who, during the 2nd quarter
after the exit, include an
adult in unsubsidized
employment; divided by
``(bb) the number of
families who received
assistance from the program in
the exit quarter referred to in
subclause (aa).
``(II) The retention percentage for
the fiscal year, which is equal to--
``(aa) the number of
families receiving assistance
from the State program funded
under this part or any other
State program funded with
qualified State expenditures
(as defined in section
409(a)(7)(B)(ii)) who, during a
quarter in the fiscal year,
exited from the program, and
who, during the 4th quarter
after the exit, include an
adult in unsubsidized
employment; divided by
``(bb) the number of
families who received
assistance under the program in
the exit quarter referred to in
subclause (aa).
``(III) The advancement measure for
the fiscal year, which is equal to the
median earnings of the adults receiving
assistance under the State program
funded under this part or any other
State program funded with qualified
State expenditures (as defined in
section 409(a)(7)(B)(ii)) who, during a
quarter in the fiscal year, exited from
the program, and who during the 2nd
quarter after the exit, are in
unsubsidized employment.
``(iii) Agreement on requisite performance
level for each indicator.--
``(I) Fiscal years 2020 and 2021.--
The State shall reach agreement with
the Secretary on the requisite level of
performance for each indicator
described in clause (ii), for each of
fiscal years 2020 and 2021. In
establishing the requisite levels of
performance, the State and the
Secretary shall--
``(aa) take into account
how the levels involved compare
with the levels established for
other States;
``(bb) ensure the levels
involved are adjusted, using
the objective statistical model
referred to in clause (v),
based on--
``(AA) the
differences among
States in actual
economic conditions,
including differences
in unemployment rates
and job losses or gains
in particular
industries; and
``(BB) the
characteristics of
participants on entry
into the program,
including indicators of
prior work history,
lack of educational or
occupational skills
attainment, or other
factors that may affect
employment and
earnings; and
``(cc) take into account
the extent to which the levels
involved promote continuous
improvement in performance by
each State.
``(II) Fiscal year 2022.--The State
shall reach agreement with the
Secretary, before fiscal year 2022, on
the requisite level of performance for
each indicator described in clause
(ii), for fiscal year 2022, which shall
be established in accordance with
subclause (I) of this clause.
``(iv) Revisions based on economic
conditions and individuals receiving assistance
during the fiscal year.--The Secretary shall,
in accordance with the objective statistical
model referred to in clause (v), revise the
requisite levels of performance for a fiscal
year and a State to reflect the actual economic
conditions and characteristics of participants
during that fiscal year in the State.
``(v) Statistical adjustment model.--The
Secretary shall use an objective statistical
model to make adjustments to the requisite
levels of performance for actual economic
conditions and characteristics of participants,
and shall consult with the Secretary of Labor
to develop a model that is the same as or
similar to the model described in section
116(b)(3)(viii) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141).
``(B) Report on state performance.--
``(i) In general.--Not later than October
1, 2018, the Secretary shall develop a template
which each State shall use to report on
outcomes achieved under the State program
funded under this part or any other State
program funded with qualified State
expenditures (as defined in section
409(a)(7)(B)(i)).
``(ii) Contents.--Each such report shall
include--
``(I) the number of individuals who
exited the program during the year, and
their reasons for doing so, including a
separate accounting of the number of
work-eligible individuals (as so
defined) who exited the program during
the year and their reasons for doing
so;
``(II) the characteristics of the
individuals who exited the program
during the year, including information
on the length of time the individual
received assistance under the program,
the educational level of the
individual, and the earnings of the
individual in the 4 quarters preceding
the exit; and
``(III) information specifying the
levels of performance achieved on each
indicator described in subparagraph
(A)(ii).
``(iii) Publication.--Not later than
September 30 of fiscal year 2021 and of each
succeeding fiscal year, the Secretary shall
make available electronically to the public
each report submitted under this subparagraph
during the fiscal year.
``(C) Regulations.--The Secretary, in consultation
with the Secretary of Labor, shall prescribe such
regulations as may be necessary to provide for the
measurement of State performance on the indicators
described in this paragraph.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2017. | Improving Employment Outcomes of TANF Recipients Act This bill requires a state participating in the Temporary Assistance for Needy Families (TANF) program to report to the Administration for Children and Families on specified indicators that measure the state's program performance levels. | {"src": "billsum_train", "title": "Improving Employment Outcomes of TANF Recipients Act"} | 1,486 | 75 | 0.541954 | 1.354714 | 0.589167 | 1.325581 | 32.581395 | 0.767442 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honor Thy Parents Act of 2002''.
SEC. 2. FREEZE AND REPEAL OF PORTIONS OF THE TAX CUT ENACTED IN THE
ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF
2001.
(a) Freeze in Reductions of Top 3 Income Tax Rates for
Individuals.--The table in paragraph (2) of section 1(i) of the
Internal Revenue Code of 1986 (relating to reductions in rates after
June 30, 2001) is amended to read as follows:
------------------------------------------------------------------------
The corresponding percentages shall
``In the case of be substituted for the following
taxable years percentages:
beginning during -------------------------------------
calendar year: 28% 31% 36% 39.6%
------------------------------------------------------------------------
2001.............. 27.5% 30.5% 35.5% 39.1%
2002 and 2003..... 27.0% 30.0% 35.0% 38.6%
2004 and 2005..... 26.0% 30.0% 35.0% 38.6%
2006 and 25.0% 30.0% 35.0% 38.6%.''.
thereafter.
------------------------------------------------------------------------
(b) Repeal of Modifications to Phaseout of Personal Exemptions and
Overall Limitation on Itemized Deductions.--Sections 102 and 103 of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (and the
amendments made by such sections) are hereby repealed and the Internal
Revenue Code of 1986 shall be applied and administered as if such
sections had never been enacted.
(c) Repeal of Certain Estate, Gift, and Generation-Skipping
Transfer Tax Provisions.--
(1) In general.--The following provisions of title V of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (and
the amendments made by such subtitle) are hereby repealed and
the Internal Revenue Code of 1986 shall be applied and
administered as if such provisions had never been enacted:
(A) Subtitle A.
(B) Subsections (c), (d), (e), (f)(2), and (f)(3)
of section 511.
(C) Subsections (b)(2) and (e)(2) of section 521.
(D) Subtitle E.
(2) Increase in applicable exclusion amount.--Subsection
(c) of section 2010 of the Internal Revenue Code of 1986
(relating to applicable credit amount) is amended by striking
the table and inserting the following new table:
``In the case of estates of decedents
The applicable
dying during:
exclusion amount is:
2002 and 2003...................... $1,000,000
2004 and 2005...................... $1,500,000
2006, 2007, and 2008............... $2,000,000
2009............................... $3,500,000
2010 and thereafter................ $4,000,000.''.
(3) Conforming amendment.--Section 521(e) of the Economic
Growth and Tax Relief Reconciliation Act of 2001 (as amended by
paragraph (1)) is further amended--
(A) in paragraph (1) by striking ``paragraphs (2)
and (3)'' and inserting ``paragraph (2)'', and
(B) by redesignating paragraph (3) as paragraph
(2).
SEC. 3. TRANSFER OF SAVINGS TO MEDICARE PROGRAM TO OFFSET COSTS OF
PRESCRIPTION DRUG BENEFIT.
(a) Transfer to Federal Hospital Insurance Trust Fund.--Section
1817(a) of the Social Security Act (42 U.S.C. 1395i(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ``; and'', and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) amounts estimated by the Secretary of the Treasury
that would have been paid from the general fund of the Treasury
but for the amendments and repeals made by section 2 of the
Honor Thy Parents Act of 2002.''.
(b) Establishment of Separate Account for Outpatient Prescription
Drug Benefit.--Section 1817 of such Act (42 U.S.C. 1395i) is amended by
adding at the end the following new subsection:
``(l) Outpatient Prescription Drug Account.--
``(1) Establishment.--There is hereby established in the
Trust Fund an expenditure account to be known as the
`Outpatient Prescription Drug Account'.
``(2) Crediting of funds.--The Managing Trustee shall
credit to the Outpatient Prescription Drug Account such amounts
as may be deposited in the Trust Fund pursuant to subsection
(a)(3).
``(3) Use of funds.--Funds credited to the Outpatient
Prescription Drug Account may only be used to pay for
outpatient prescription drugs furnished under this title.''. | Honor Thy Parents Act of 2002 - Freezes and repeals elements of the tax cut enacted under the Economic Growth and Tax Relief Reconciliation Act of 2001 by: (1) freezing reductions of the top three income tax rates for individuals; and (2) repealing provisions of the Act that repealed the phaseout out of personal exemptions, the phaseout of the overall limitation on itemized deductions, and certain estate, gift, and generation-skipping transfer taxes.Applies the savings to the Federal Hospital Insurance Trust Fund and establishes a separate "Outpatient Prescription Drug Account" to be used for outpatient prescription drug benefits. | {"src": "billsum_train", "title": "To freeze and repeal portions of the tax cut enacted in the Economic Growth and Tax Relief Reconciliation Act of 2001 and to apply savings therefrom to a comprehensive Medicare outpatient prescription drug benefit."} | 1,141 | 136 | 0.397789 | 1.135578 | 0.640541 | 3.22807 | 8.245614 | 0.877193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Family Act of 2017''.
SEC. 2. ESTABLISHMENT OF FULLY REFUNDABLE CHILD TAX CREDIT.
(a) Elimination of Existing Child Tax Credit.--Subpart A of part IV
of subchapter A of chapter 1 of subtitle A of the Internal Revenue Code
of 1986 is amended by striking section 24.
(b) Establishment of Fully Refundable Child Tax Credit.--Subpart C
of part IV of subchapter A of chapter 1 of subtitle A of such Code is
amended by inserting after section 36B the following new section:
``SEC. 36C. CHILD TAX CREDIT.
``(a) Allowance of Credit.--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) with respect to each qualifying child of the taxpayer
who has attained 6 years of age before the close of such
taxable year and for which the taxpayer is allowed a deduction
under section 151, an amount equal to $3,000, and
``(2) with respect to each qualifying child of the taxpayer
who has not attained 6 years of age before the close of such
taxable year and for which the taxpayer is allowed a deduction
under section 151, an amount equal to 120 percent of the dollar
amount in paragraph (1).
``(b) Limitation.--
``(1) In general.--The amount of the credit allowable under
subsection (a) shall be reduced (but not below zero) by the
applicable amount for each $1,000 (or fraction thereof) by
which the taxpayer's modified adjusted gross income exceeds the
threshold amount. For purposes of the preceding sentence, the
term `modified adjusted gross income' means adjusted gross
income increased by any amount excluded from gross income under
section 911, 931, or 933.
``(2) Threshold amount.--
``(A) In general.--For purposes of paragraph (1),
the term `threshold amount' means--
``(i) $110,000 in the case of a joint
return,
``(ii) $75,000 in the case of an individual
who is not married, and
``(iii) $55,000 in the case of a married
individual filing a separate return.
``(B) Marital status.--For purposes of this
paragraph, marital status shall be determined under
section 7703.
``(3) Applicable amount.--For purposes of paragraph (1),
the term `applicable amount' means an amount equal to the
quotient of--
``(A) the amount of the credit allowable under
subsection (a), as determined without regard to this
subsection, divided by
``(B) an amount equal to the product of--
``(i) $20, multiplied by
``(ii) the total number of qualifying
children of the taxpayer.
``(c) Qualifying Child.--
``(1) In general.--In this section, the term `qualifying
child' means a qualifying child of the taxpayer (as defined in
section 152(c)) who has not attained 19 years of age.
``(2) Exception for certain non-citizens.--The term
`qualifying child' shall not include any individual who would
not be a dependent if subparagraph (A) of section 152(b)(3)
were applied without regard to all that follows `resident of
the United States'.
``(d) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2017, the $3,000 amount in subsection (a)(1)
shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins determined by substituting
`calendar year 2016' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any increase determined under paragraph
(1) is not a multiple of $50, such increase shall be rounded to
the nearest multiple of $50.
``(e) Identification Requirements.--
``(1) Qualifying child identification requirement.--No
credit shall be allowed under this section to a taxpayer with
respect to any qualifying child unless the taxpayer includes
the name and taxpayer identification number of such qualifying
child on the return of tax for the taxable year and such
taxpayer identification number was issued on or before the due
date for filing such return.
``(2) Taxpayer identification requirement.--No credit shall
be allowed under this section if the identifying number of the
taxpayer was issued after the due date for filing the return
for the taxable year.
``(f) Taxable Year Must Be Full Taxable Year.--Except in the case
of a taxable year closed by reason of the death of the taxpayer, no
credit shall be allowable under this section in the case of a taxable
year covering a period of less than 12 months.
``(g) Restrictions on Taxpayers Who Improperly Claimed Credit in
Prior Year.--
``(1) Taxpayers making prior fraudulent or reckless
claims.--
``(A) In general.--No credit shall be allowed under
this section for any taxable year in the disallowance
period.
``(B) Disallowance period.--For purposes of
subparagraph (A), the disallowance period is--
``(i) the period of 10 taxable years after
the most recent taxable year for which there
was a final determination that the taxpayer's
claim of credit under this section was due to
fraud, and
``(ii) the period of 2 taxable years after
the most recent taxable year for which there
was a final determination that the taxpayer's
claim of credit under this section was due to
reckless or intentional disregard of rules and
regulations (but not due to fraud).
``(2) Taxpayers making improper prior claims.--In the case
of a taxpayer who is denied credit under this section for any
taxable year as a result of the deficiency procedures under
subchapter B of chapter 63, no credit shall be allowed under
this section for any subsequent taxable year unless the
taxpayer provides such information as the Secretary may require
to demonstrate eligibility for such credit.
``(h) Reconciliation of Credit and Advance Credit.--
``(1) In general.--The amount of the credit allowed under
this section for any taxable year shall be reduced (but not
below zero) by the aggregate amount of any advance payments of
such credit under section 7527A for such taxable year.
``(2) Excess advance payments.--If the aggregate amount of
advance payments under section 7527A for the taxable year
exceed the amount of the credit allowed under this section for
such taxable year (determined without regard to paragraph (1)),
the tax imposed by this chapter for such taxable year shall be
increased by the amount of such excess''.
(c) Advance Payment of Credit.--Chapter 77 of the Internal Revenue
Code of 1986 is amended by inserting after section 7527 the following
new section:
``SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT.
``(a) In General.--As soon as practicable and not later than 1 year
after the date of the enactment of this section, the Secretary shall
establish a program for making advance payments of the credit allowed
under section 36C on a monthly basis (determined without regard to
subsection (h)(1) of such section), or as frequently as the Secretary
determines to be administratively feasible, to taxpayers allowed such
credit.
``(b) Limitation.--
``(1) In general.--The Secretary may make payments under
subsection (a) only to the extent that the total amount of such
payments made to any taxpayer during the taxable year does not
exceed an amount equal to the excess, if any, of--
``(A) subject to paragraph (2), the amount
determined under subsection (a) of section 36C with
respect to such taxpayer (determined without regard to
subsection (h) of such section) for such taxable year,
over
``(B) the estimated tax imposed by subtitle A, as
reduced by the credits allowable under subparts A and C
(with the exception of section 36C) of such part IV,
with respect to such taxpayer for such taxable year, as
determined in such manner as the Secretary deems
appropriate.
``(2) Application of threshold amount limitation.--The
program described in subsection (a) shall make reasonable
efforts to apply the limitation of section 36C(b) with respect
to payments made under such program.''.
(d) Conforming Amendments.--
(1) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of subtitle A of the Internal Revenue
Code of 1986 is amended by striking the item relating to
section 24.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of subtitle A of such Code is amended
by inserting after the item relating to section 36B the
following:
``Sec. 36C. Child tax credit.''.
(3) The table of sections for chapter 77 of such Code is
amended by inserting after the item relating to section 7527
the following new item:
``Sec. 7527A. Advance payment of child tax credit.''.
(4) Subparagraph (B) of section 45R(f)(3) of such Code is
amended to read as follows:
``(B) Special rule.--Any amounts paid pursuant to
an agreement under section 3121(l) (relating to
agreements entered into by American employers with
respect to foreign affiliates) which are equivalent to
the taxes referred to in subparagraph (A) shall be
treated as taxes referred to in such subparagraph.''.
(5) Section 152(f)(6)(B)(ii) of such Code is amended by
striking ``section 24'' and inserting ``section 36C''.
(6) Paragraph (26) of section 501(c) of such Code is
amended in the flush matter at the end by striking ``section
24(c))'' and inserting ``section 36C(c)) who has not attained
17 years of age''.
(7) Section 6211(b)(4)(A) of such Code is amended--
(A) by striking ``24(d),'', and
(B) by inserting ``36C,'' after ``36B,''.
(8) Section 6213(g)(2) of such Code is amended--
(A) in subparagraph (I), by striking ``section
24(e)'' and inserting ``section 36C(e)'', and
(B) in subparagraph (L), by striking ``24, or 32''
and inserting ``32, or 36C''.
(9) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C,'' after ``36B,''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | American Family Act of 2017 This bill amends the Internal Revenue Code, with respect to the child tax credit, to: (1) make the credit fully refundable, (2) increase the amount of the credit and allow an additional credit for children who are under six years of age, (3) require the amount of the credit to be adjusted annually for inflation after 2017, and (4) require the Department of the Treasury to establish a program for making advance payments of the credit on a monthly basis. | {"src": "billsum_train", "title": "American Family Act of 2017"} | 2,535 | 97 | 0.51359 | 1.231786 | 0.331918 | 3.207921 | 22.475248 | 0.910891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deep Water Outfall Treatment Systems
Act of 1996''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) States that are insular areas, including the
territories of the United States, have geographical,
geological, and marine characteristics and island environments.
(2) The Federal Water Pollution Control Act should,
consistent with the environmental goals of the Act, be
administered with sufficient flexibility to take into
consideration the unique characteristics of such States.
(3) Scientific evidence has demonstrated that some deep
water outfall water treatment systems can protect marine
environments as effectively as secondary waste water treatment
systems.
(4) Deep water outfalls can promote the environmental goals
of the Federal Water Pollution Control Act more cost
effectively than secondary treatment.
(5) The existing secondary treatment requirements of the
Federal Water Pollution Control Act have yet to be fulfilled
because of the unreasonableness of some provisions as applied
to the States referred to in paragraph (1).
(6) Such States should be provided the opportunity to apply
for a secondary treatment waiver for new or proposed deep water
outfalls under the existing standards of the Federal Water
Pollution Control Act.
SEC. 3. PURPOSE.
The purpose of this Act is to allow certain States, including each
territory of the United States, to apply for a waiver under section
301(h) of the Federal Water Pollution Control Act that would allow the
State to construct deep water outfalls and to meet the effluent
standards of the Federal Water Pollution Control Act more effectively,
efficiently, and expeditiously.
SEC. 4. WAIVERS FOR DEEP WATER OUTFALLS IN ELIGIBLE STATES.
Section 301 of the Federal Water Pollution Control Act (33 U.S.C.
1311) is amended by adding at the end the following:
``(q) Waivers For Deep Water Outfalls in Eligible States.--
``(1) Studies.--Not later than 3 months after the date of
the enactment of this subsection, an eligible State may
initiate, expand, or continue a study of the marine environment
of coastal areas to determine the feasibility of constructing a
deep water outfall for any of the publicly owned treatment
works in the eligible State that, on such date of enactment,
uses primary treatments and is not exempt from the requirements
of subsection (b)(1)(B). Such study may recommend one or more
technically feasible locations for a deep water outfall that
would have beneficial effects on the marine environment.
``(2) Application for modification.--Notwithstanding
subsection (j)(1)(A), not later than 18 months after the date
of the enactment of this subsection, an application may be
submitted for a modification pursuant to subsection (h) of the
requirements of subsection (b)(1)(B) by the owner of a publicly
owned treatment works in an eligible State at a location
recommended in a study conducted pursuant to paragraph (1).
``(3) Initial determination.--On or before the 90th day
after the date of submittal of an application for a
modification under paragraph (2), the Administrator shall issue
to the applicant a draft initial determination regarding the
modification.
``(4) Final determination.--On or before the 270th day
after the date of submittal of an application for a
modification under paragraph (2), the Administrator shall issue
a final determination regarding the modification.
``(5) Effectiveness.--If a modification is granted pursuant
to an application submitted under this subsection, such
modification shall be effective only if the new deepwater
outfall is operational on or before the date that is 5 years
after the date of the enactment of this subsection. In all
other aspects, such modification shall be effective for the
period applicable to all modifications granted under subsection
(h).
``(6) Pending applications.--The requirements of subsection
(b)(1)(B) shall not apply to the owner or operator of a
publicly owned treatment works in an eligible State that has
submitted an application for a modification under paragraph (2)
during the period beginning on the date of submission of the
application and ending on the date of a final determination
under paragraph (4).
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Eligible state.--The term `eligible State'
means a State that is an insular area and includes each
territory of the United States.
``(B) Territory of the united states.--The term
`territory of the United States' means all territories
and possessions of the United States, including the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Northern Mariana Islands.''. | Deep Water Outfall Treatment Systems Act of 1996 - Amends the Federal Water Pollution Control Act to authorize an eligible State to initiate, expand, or continue a study of the marine environment of coastal areas to determine the feasibility of constructing a deep water outfall for any publicly owned treatment work (POTW) that uses primary treatments and is not exempt from specified effluent limitations. Provides that such study may recommend one or more technically feasible locations for a deep water outfall that would have beneficial effects on the marine environment.
Sets forth provisions regarding applications for: (1) modification of secondary treatment requirements for certain POTWs by the owner in an eligible State at a location recommended in such a study; and (2) initial and final determinations regarding and effective periods of such modifications. Specifies that such requirements shall not apply to the POTW owner or operator in an eligible State that has submitted an application for a modification during the period beginning on the date of submission of the application and ending on the date of a final determination. | {"src": "billsum_train", "title": "Deep Water Outfall Treatment Systems Act of 1996"} | 1,021 | 221 | 0.630606 | 1.885309 | 0.959382 | 5.517766 | 4.84264 | 0.898477 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Cancellation for the New
Millennium Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Enhanced HIPC Initiative was developed by the
countries of the G-7 during the G-7 Summit meeting in Cologne,
Germany, June 18-20, 1999.
(2) The purpose of the Enhanced HIPC Initiative is to
provide debt relief to the world's poorest countries and enable
these countries to invest the savings from debt relief in HIV/
AIDS treatment and prevention, health care, education, and
poverty reduction programs.
(3) The Enhanced HIPC Initiative requires heavily indebted
poor countries (HIPCs) to develop and implement plans known as
Poverty Reduction Strategy Papers (PRSPs) with the
participation of civil society for the purpose of reducing
poverty.
(4) The Enhanced HIPC Initiative does not provide full
cancellation of the debts of HIPCs.
(5) The International Monetary Fund (IMF) and the
International Bank for Reconstruction and Development (World
Bank) have sufficient resources to provide full cancellation of
the debts that HIPCs owe to these institutions.
(6) The Enhanced HIPC Initiative requires HIPCs to
implement structural adjustment programs approved by the IMF,
which impose economic austerity upon these countries and are
strongly opposed by civil society in many of the countries in
which the programs have been implemented.
(7) The process of developing and implementing PRSPs has
required considerable time and effort on the part of officials
and citizens in many HIPCs, and, as a result, these countries
have been unable to begin to receive debt relief as quickly as
had been planned.
(8) The Enhanced HIPC Initiative requires HIPCs to continue
to make service payments on their debts while they are
developing and implementing PRSPs, as well as while they are
implementing the IMF's structural adjustment programs.
(9) Many HIPCs have experienced revenue losses as a result
of reductions in prices for export commodities. These revenue
losses have reduced significantly the benefits of debt relief.
(10) Bangladesh, Haiti, and Nigeria were excluded from the
Enhanced HIPC Initiative, although they are impoverished
countries with significant debt burdens.
(11) The complete cancellation of the debts of impoverished
countries will remove a major impediment to poverty reduction
and economic growth, enable these countries to invest their
resources in HIV/AIDS treatment and prevention, health care,
education, and poverty reduction, and give these countries a
fresh start in the new millennium.
SEC. 3. REFORMS OF THE ENHANCED HIPC INITIATIVE.
Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-7) is amended by adding at the end the following:
``SEC. 1625. REFORMS OF THE ENHANCED HIPC INITIATIVE.
``Congress urges the President to commence immediately efforts,
within the Paris Club of Official Creditors, as well as the
International Bank for Reconstruction and Development (World Bank), the
International Monetary Fund (IMF), and other appropriate multilateral
development institutions to accomplish the following modifications in
the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative:
``(1) Full debt cancellation.--The amount of debt relief
provided by the IMF and the World Bank under the Enhanced HIPC
Initiative for the benefit of a HIPC shall be sufficient to
completely cancel 100 percent of the debts owed by the HIPC to
these institutions. Debt cancellation shall be provided by the
IMF and the World Bank using their own resources.
``(2) Prohibition on structural adjustment programs.--The
provision of debt relief under the Enhanced HIPC Initiative
shall not be conditioned on any country adopting or
implementing any structural adjustment or stabilization program
of the Poverty Reduction and Growth Facility of the IMF or any
other structural adjustment or stabilization program operated
solely or jointly by the IMF or the World Bank.
``(3) Immediate suspension of debt service payments for
countries developing prsps.--All HIPCs that are working in good
faith to develop and implement their Poverty Reduction Strategy
Papers (PRSPs) pursuant to the Enhanced HIPC Initiative shall
not be required to make service payments on their debts. The
PRSPs shall be developed and implemented with the participation
of civil society in order to ensure that the savings from debt
relief will be invested in HIV/AIDS treatment and prevention,
health care, education, and poverty reduction programs.
``(4) Country eligibility.--The eligibility requirements of
the Enhanced HIPC Initiative shall be revised to make
Bangladesh, Haiti, and Nigeria eligible.''.
SEC. 4. TECHNICAL ASSISTANCE.
The Secretary of the Treasury shall provide or otherwise arrange
for the provision of technical assistance upon request to heavily
indebted poor countries (within the meaning of the Enhanced Heavily
Indebted Poor Countries (HIPC) Initiative) regarding compliance with
all conditions for debt relief pursuant to the Enhanced HIPC
Initiative, including the development and implementation of their
Poverty Reduction Strategy Papers (PSRPs). The Secretary of the
Treasury shall inform all such countries of the availability of the
technical assistance within 30 days after the date of the enactment of
this Act.
SEC. 5. REPORT TO THE CONGRESS.
Not later than December 31 of each year, the President shall submit
to the Committees on Financial Services, on Appropriations, and on
International Relations of the House of Representatives and the
Committees on Foreign Relations, on Banking, Housing, and Urban
Affairs, and on Appropriations of the Senate a report, which shall be
made available to the public, on the activities undertaken under this
Act, and on the progress made in accomplishing the modifications to the
Enhanced HIPC Initiative called for in this Act, for the preceding
fiscal year. | Debt Cancellation for the New Millennium Act - Amends the International Financial Institutions Act to urge the President to commence immediately efforts within the Paris Club of Official Creditors, as well as the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish certain modifications in the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative, including requiring that: (1) the amount of debt relief provided by the IMF and the World Bank under the Enhanced HIPC Initiative for a HIPC be sufficient to completely cancel 100 percent of the HIPC's debt owed to such institutions; (2) no provision of debt relief under the Initiative be conditioned on any country's implementing a structural adjustment or stabilization program of the Poverty Reduction and Growth Facility of the IMF or any other such program operated solely or jointly by the IMF or the World Bank; (3) all HIPCs that are working in good faith to develop and implement their Poverty Reduction Strategy Papers (PRSPs) pursuant to the Initiative not be required to make service payments on their debts (ensuring that the savings from such debt relief will be invested in HIV/AIDS treatment and prevention, health care, education, and poverty reduction programs); and (4) the eligibility requirements of the Initiative be revised to make Bangladesh, Haiti, and Nigeria eligible.Directs the Secretary of the Treasury to provide, upon request, for technical assistance to HIPCs regarding compliance with the conditions for debt relief pursuant to the Initiative, including the development and implementation of their PSRPs. | {"src": "billsum_train", "title": "To urge reforms of the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative, and for other purposes."} | 1,315 | 354 | 0.678334 | 2.301595 | 0.765468 | 6.647841 | 3.853821 | 0.966777 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Space Preservation Act of
1993''.
SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Gross Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2031 of the Internal Revenue Code of
1986 (relating to the definition of gross estate) is amended by
redesignating subsection (c) as subsection (d) and by inserting after
subsection (b) the following new subsection:
``(c) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--
``(1) In general.--Except as otherwise provided in this
subsection, there shall be excluded from the gross estate the
value of land subject to a qualified conservation easement
(less the amount of any indebtedness secured by such land).
There shall be included in the gross estate the value of each
development right retained by the donor in the conveyance of
such qualified conservation easement. For purposes of this
subsection, the term `land subject to a qualified conservation
easement' shall mean land, which was owned by the decedent or a
member of the decedent's family during the 3-year period ending
on the date of the decedent's death, and with respect to which
a qualified conservation contribution of a qualified real
property interest (as defined in section 170(h)) has been made
by the decedent, the decedent's spouse or the decedent's
parent, a lineal ancestor of the decedent, or a lineal
descendant of the decedent, the decedent's spouse or the
decedent's parent, or a spouse of such lineal descendant. For
purposes of this subsection, the term `qualified real property
interest' shall not include a certified historic structure (as
defined in section 170(h)(4)(A)(iv)). For purposes of this
subsection, the term `member of the decedent's family' shall
have the same meaning as the term `member of the family' in
section 2032A.
``(2) Payment of tax upon certain disposition of land
subject to retained development right.--The tax attributable to
the amount included in the gross estate relating to development
rights retained by the donor in the conveyance of a qualified
conservation easement shall be due upon the disposition (other
than by gift or bequest) of such property.''
(b) Carryover Basis.--Section 1014(a) of the Internal Revenue Code
of 1986 (relating to basis of property acquired from a decedent) is
amended by striking the period at the end of paragraph (3), inserting
``or,'' at the end thereof, and inserting the following new paragraph:
``(4) in the case of the applicability of section 2031(c),
the basis in the hands of the decedent.''
(c) Effective Date.--The amendments made by this section shall
apply to land on which qualified conservation easements were granted
after December 31, 1992.
SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2503 of the Internal Revenue Code of
1986 (relating to taxable gifts) is amended by adding at the end
thereof the following new subsection:
``(h) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--The transfer by gift of land subject to a
qualified conservation easement (other than development rights retained
by the donor of such easement) shall not be treated as a transfer of
property by gift for purposes of this chapter. For purposes of this
subsection, the term `land subject to a qualified conservation
easement' and `qualified real property interest' shall have the same
meaning as in section 2031(c) and the term `member of the decedent's
family' shall have the same meaning as the term `member of the family'
in section 2032A.''
(b) Effective Date.--The amendments made by this section shall
apply to land on which qualified conservation easements were granted
after December 31, 1992.
SEC. 4. TEMPORARY DEFERRAL OF SCHEDULED REDUCTION IN CERTAIN ESTATE TAX
RATES.
(a) In General.--Paragraph (2) of section 2001(c) of the Internal
Revenue Code of 1986 (relating to phase-in of 50 percent maximum rate)
is amended by adding at the end thereof the following new subparagraph:
``(E) After 1992 and before 1998.--In the case of
decedents dying, and gifts made after 1992 and before
1998, the substitution under this paragraph shall be as
follows:
``If the amount with respect
to which the tentative tax
to be computed is: The tentative tax is:
Over $2,500,000................
$1,025,800, plus 53 percent of
the
excess over $2,500,000.''
(b) Technical Amendment.--Subparagraph (A) of section 2001(c)(2) of
such Code is amended by striking ``1993'' and inserting ``1998''.
(c) Effective Date.--The amendments made by this section shall
apply in the case of decedents dying, and gifts made, after December
31, 1992.
SEC. 5. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.
(a) General Rule.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 137 as section
138 and by inserting after section 136 the following new section:
``SEC. 137. SALES AND EXCHANGES OF FARMLAND THE USE OF WHICH IS
RESTRICTED TO FARMING.
``(a) General Rule.--In the case of an operator of farmland, gross
income does not include gain from the sale or exchange of eligible
farmland if there is in effect on the date of such sale or exchange a
qualified covenant which does not permit any use of such farmland for
any purpose other than use as farmland.
``(b) Definitions.--For purposes of this section--
``(1) Eligible farmland.--
``(A) In general.--The term `eligible farmland'
means any farmland with respect to which the land use
restrictions imposed by the State, and the land use
restrictions imposed by any political subdivision of
such State, in which such farmland is located provide
that such farmland may be used only as farmland.
``(B) Farmland to which no land use restriction
applies treated as eligible farmland.--In the case of
any farmland with respect to which no land use
restriction imposed by a State or political subdivision
applies, such farmland shall be treated as eligible
farmland.
``(C) Date for determining whether farmland is
eligible farmland.--The determination of whether
farmland is eligible farmland shall be made on the date
the qualified covenant with respect to such farmland is
entered into.
``(2) Farmland.--The term `farmland' means any real
property--
``(A) which is located in the United States, and
``(B) which is used as a farm for farming purposes
(within the meaning of section 2032A(e)).
``(3) Qualified covenant--The term `qualified covenant'
means a covenant--
``(A) which may not be revoked,
``(B) which, with respect to farmland to which such
covenant applies, is entered into by all persons having
any ownership interest in such farmland, and
``(C) which binds all future owners of the farmland
to which such covenant applies.
``(c) Application With Principal Residences.--For purposes of this
section, use as farmland includes use as the principal residence of the
operator of such farmland.
``(d) Verification of Covenant.--Subsection (a) shall not apply by
reason of any covenant unless such person--
``(1) notifies (in such form and manner as the Secretary
may by regulations prescribe) both the Secretary and the
Secretary of Agriculture of the political subdivision of the
State in which such covenant is recorded, and
``(2) submits to the Secretary a copy of such covenant.''
(b) Clerical Amendment.--The table of sections for such part is
amended by striking out the item relating to section 137 and inserting
in lieu thereof the following:
``Sec. 137. Sales and exchanges of
farmland the use of which is
restricted to farming.
``Sec. 138. Cross references to other
Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to covenants first recorded after the date of the enactment of
this Act, in taxable years ending after such date. | Open Space Preservation Act of 1993 - Amends the Internal Revenue Code to exclude from the gross estate the value of land subject to a qualified conservation easement for estate tax purposes. Includes in the gross estate the value of each development right retained by the donor in the conveyance of such easement.
Excludes from the gift tax the transfer by gift of land subject to a qualified conservation easement.
Defers the reduction in estate tax rates from 1993 until 1998.
Excludes from gross income any gain from the sale or exchange of eligible farmland that is subject to an irrevocable covenant binding all future owners to use the land as farmland. | {"src": "billsum_train", "title": "Open Space Preservation Act of 1993"} | 2,056 | 139 | 0.564635 | 1.579839 | 0.726618 | 4.46281 | 14.404959 | 0.92562 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Fairness in
Labeling and Advertising Act''.
SEC. 2. LABELING OF DIETARY SUPPLEMENTS.
(a) Sense of Congress.--It is the sense of Congress that the
proposed rule entitled ``Regulations on Statements Made for Dietary
Supplements Concerning the Effect of the Product on the Structure or
Functions of the Body'', published in the Federal Register on April 29,
1998, 63 Fed. Reg. 23624 (to be codified at part 101 of title 21, Code
of Federal Regulations) would improperly restrict use of appropriate
labeling claims about the effect of a dietary supplement or dietary
ingredient on the structure or function of the human body.
(b) Effect of Regulations.--The proposed rule described in
subsection (a) shall not take effect.
(c) Dietary Supplement Labeling Exemptions.--Section 403B of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2) is amended by
adding at the end the following:
``(d) Exemption From Regulation as Labeling.--A truthful and
accurate summary of 1 or more of the findings of a study or article
that has appeared in a peer-reviewed medical, nutritional, or other
scientific publication, or in a bona fide medical, nutritional, or
other scientific textbook, shall not be subject to regulation as
labeling under this Act when used in connection with the sale of a
dietary supplement to consumers, even if the summary is included in
written, printed, or graphic matter that accompanies the dietary
supplement.''.
SEC. 3. ADVERTISING OF DIETARY SUPPLEMENTS.
Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is
amended by adding at the end the following:
``(o) Advertising of Dietary Supplements and Dietary Ingredients.--
``(1) Definitions.--In this subsection:
``(A) Dietary supplement.--The term `dietary
supplement' has the meaning given that term by section
201(ff) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(ff)).
``(B) Dietary ingredient.--The term `dietary
ingredient' means an ingredient listed in section
201(ff)(1) (A) through (F) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(ff)(1) (A) through (F))
that is included in, or that is intended to be included
in, a dietary supplement.
``(2) Exemptions from regulation as advertising.--
``(A) Labeling.--Insofar as a publication is exempt
from regulation as labeling pursuant to section 403B of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343-2) the publication is also exempt from regulation
as advertising under the Federal Trade Commission Act.
``(B) Truthful and accurate summary.--A truthful
and accurate summary of 1 or more of the findings of a
cited study or article that has appeared in a peer-
reviewed medical, nutritional, or other scientific
publication, or in a bona fide medical, nutritional, or
other scientific textbook, when used in promotion for a
dietary supplement or dietary ingredient, shall not be
subject to regulation as advertising under the Federal
Trade Commission Act.
``(3) Advertiser access to government scientific experts
before a regulatory action is initiated.--Before the Commission
files any complaint that initiates any administrative or
judicial proceeding alleging that an advertisement or
advertiser is not in compliance with the Federal Trade
Commission Act with respect to any advertising for a dietary
supplement or dietary ingredient, or for medical services or
health treatments, the Commission shall ensure that the
advertiser first--
``(A) has been provided a full and fair opportunity
to consult directly with all of the individuals whom
the Commission or Commission staff have relied upon or
intend to rely upon as nutritional, medical, or other
scientific experts with respect to the particular
allegations; and
``(B) has been provided a reasonable time
thereafter to communicate with the Commission staff and
the Commission with respect to the merits of the
experts' views.
``(4) Reliance upon scientific data other than conclusive
human clinical studies.--It is not inherently or presumptively
deceptive, unfair, lacking in substantiation, or otherwise
improper for advertising about a dietary supplement or dietary
ingredient, or about medical services or health treatments, to
describe, mention, or rely upon in vitro laboratory studies,
animal feeding studies, human epidemiological studies, human
clinical studies that are of a preliminary nature and do not
provide a conclusive finding, meta-analyses, review articles,
or other bona fide medical, nutritional, or other scientific
texts if the advertising is truthful, not misleading, and
reveals the nature of the study or other information.
``(5) Consent agreements.--In any case in which the
Commission enters into a consent agreement concerning
advertising about a dietary supplement or dietary ingredient,
or about medical services or health treatments, the agreement
shall apply only to the particular dietary supplements/
ingredients and particular health-related conditions, or to the
particular medical services or health treatments, or to other
particular matters, that are subjects of the complaint.''. | Amends the Federal Food, Drug, and Cosmetic Act to prohibit a truthful and accurate summary of one or more findings of a study or article appearing in a scientific or medical publication or textbook from being subject to regulation as labeling under such Act when used in connection with the sale of a dietary supplement.
States that, insofar as such a publication is exempt from regulation as labeling under such Act, such publication is also exempt from regulation as advertising under the Federal Trade Commission Act (FTCA). Requires the Federal Trade Commission, before it files a complaint alleging that an advertisement or advertiser is not in compliance with FTCA advertising regulations for a dietary supplement or ingredient or for medical services or health treatments, to ensure that such advertiser has been provided: (1) access to individuals whom the Commission has relied upon as experts; and (2) an opportunity to communicate with the Commission on the merits of the experts' views.
States that it is not inherently deceptive or unfair for advertising about a dietary supplement or ingredient, or medical services or health treatments, to describe, mention, or rely upon scientific data other than conclusive human clinical studies if such advertising is truthful, not misleading, and reveals the nature of the study or other information.
Limits consent agreement application to the particular supplement, ingredient, service, or treatment that is the subject of such agreement. | {"src": "billsum_train", "title": "Dietary Supplement Fairness in Labeling and Advertising Act"} | 1,221 | 300 | 0.575207 | 1.592932 | 0.765736 | 4.033962 | 3.984906 | 0.909434 |
SECTION 1. EXCEPTION FROM PASSIVE LOSS RULES FOR INVESTMENTS IN HIGH
TECHNOLOGY RESEARCH SMALL BUSINESS PASS-THRU ENTITIES.
(a) In General.--Subsection (c) of section 469 of the Internal
Revenue Code of 1986 is amended by redesignating paragraphs (4) through
(7) as paragraphs (5) through (8), respectively, and by inserting after
paragraph (3) the following new paragraph:
``(4) High technology research activities.--
``(A) In general.--The term `passive activity'
shall not include any activity of the taxpayer carried
on by a high technology research small business pass-
thru entity.
``(B) High technology research small business pass-
thru entity.--For purposes of this paragraph, the term
`high technology research small business pass-thru
entity' means any domestic pass-thru entity for any
taxable year if--
``(i) either--
``(I) more than 75 percent of the
entity's expenditures (including
salaries, rent and overhead) for such
taxable year are paid or incurred in
connection with qualified research
(within the meaning of section
41(d)(1)(B) taking into account section
41(d)(4) and constituting elements of a
process of experimentation for a
purpose described in paragraph (3) of
section 41(d)), or
``(II) more than 50 percent of the
entity's expenditures for such taxable
year constitute qualified research
expenses (as defined in section 41(b),
but determined without regard to the
phrase `65 percent of' in paragraph
(3)(A) thereof),
``(ii) such entity is a small business
(within the meaning of section 41(b)(3)(D)(iii)
applied by substituting `250' for `500' in
subclause (I) thereof), and
``(iii) at no time during the taxable year
does the entity have aggregate gross assets in
excess of $150,000,000.
``(C) Provisions related to aggregate gross assets
limitation.--For purposes of this paragraph--
``(i) In general.--Except as otherwise
provided in this subparagraph, the term
`aggregate gross assets' has the meaning given
such term in section 1202(d)(2).
``(ii) Exception for certain intangibles.--
Any section 197 intangible (as defined in
section 197(d) and determined without regard to
section 197(e)) which is used directly in
connection with the research referred to in
subparagraph (B)(i) shall not be taken into
account in determining aggregate gross assets.
``(iii) Exception for certain follow-on
investments.--Cash from a sale of equity
interests shall not be taken into account in
determining aggregate gross assets if--
``(I) the aggregate gross assets of
such entity (determined immediately
after such sale and without regard to
this clause) do not exceed the sum of
$150,000,000, plus 25 percent of the
aggregate gross assets of such entity
(determined immediately before such
sale and without regard to this
clause), and
``(II) the aggregate gross assets
of such entity (determined immediately
before such sale and without regard to
this clause) do not exceed
$150,000,000.
Sales of equity interests which are part of the
same plan or arrangement, or which are carried
out with the principal purpose of increasing
the amount of cash to which this clause applies
(determined without regard to this sentence),
shall be treated as a single sale for purposes
of this clause.
``(iv) Inflation adjustment.--In the case
of any taxable year beginning after 2013, the
$150,000,000 amount in subparagraph (B)(iii)
and subclauses (I) and (II) of clause (iii)
shall each be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost of living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2012' for
`calendar year 1992' in subparagraph
(B) thereof.
Any increase determined under the preceding
sentence shall be rounded to the nearest
$100,000.
``(D) Capital expenditures taken into account for
expenditures test.--An expenditure shall not fail to be
taken into account under subparagraph (B)(i) merely
because such expenditure is chargeable to capital
account.
``(E) Pass-thru entity.--For purposes of this
paragraph, the term `pass-thru entity' means any
partnership, S corporation, or other entity identified
by the Secretary as a pass-thru entity for purposes of
this paragraph.
``(F) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52, or subsection (m) or (o) of section 414, shall be
treated as a single entity for purposes of
subparagraphs (B) and (C)(iii).
``(G) Activities not engaged in for profit and
economic substance rules.--Section 183 and the economic
substance rules of section 7701(o) shall not apply to
disallow the losses, deductions, and credits of a high
technology research small business pass-thru entity
solely as a result of losses incurred by such
entity.''.
(b) Material Participation Not Required.--Paragraph (5) of section
469(c) of such Code, as redesignated by subsection (a), is amended by
striking ``and (3)'' in the heading and text and inserting ``, (3), and
(4)''.
(c) Certain Research-Related Deductions and Credits of High
Technology Research Small Business Pass-Thru Entities Allowed for
Purposes of Determining Alternative Minimum Tax.--
(1) Deduction for research and experimental expenditures.--
Paragraph (2) of section 56(b) of such Code is amended by
adding at the end the following new subparagraph:
``(E) Exception for high technology research small
business pass-thru entities.--In the case of a high
technology research small business pass-thru entity (as
defined in section 469(c)(4)), this paragraph shall not
apply to any amount allowable as a deduction under
section 174(a).''.
(2) Allowance of certain research-related credits.--
Subparagraph (B) of section 38(c)(4) of such Code is amended by
redesignating clauses (ii) through (ix) as clauses (iii)
through (x), respectively, and by inserting after clause (i)
the following new clause:
``(ii) the credits determined under
sections 41 and 48D to the extent attributable
to a high technology research small business
pass-thru entity (as defined in section
469(c)(4)),''.
(d) Exception to Limitation on Pass-Thru of Research Credit.--
Subsection (g) of section 41 of such Code is amended by adding at the
end the following: ``Paragraphs (2) and (4) shall not apply with
respect to any high technology research small business pass-thru entity
(as defined in section 469(c)(4)).''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to exempt from passive loss rules any activity of a taxpayer carried on by a high technology research small business pass-thru entity. Defines "high technology research small business pass-thru entity" as any domestic pass-thru entity that: (1) spends a specified percentage of its income on research, (2) is a small business with 250 or fewer employees, and (3) does not have aggregate gross receipts in excess of $150 million. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an exception from the passive loss rules for investments in high technology research small business pass-thru entities."} | 1,685 | 106 | 0.605815 | 1.734574 | 0.892816 | 3.340426 | 15.723404 | 0.829787 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Credit Protection Act''.
SEC. 2. OUTREACH TO VETERANS REGARDING EFFECT OF CERTAIN DELAYED
PAYMENTS BY DEPARTMENT OF VETERANS AFFAIRS CHIEF BUSINESS
OFFICE.
(a) Outreach.--The Secretary of Veterans Affairs shall conduct
outreach, including through national and local veterans service
organizations, to inform veterans of how to resolve credit issues
caused by delayed payment of a claim for emergency hospital care,
medical services, or other emergency health care furnished through a
non-Department of Veterans Affairs provider. The Secretary shall
establish a toll-free telephone number for veterans to report such
credit issues to the Chief Business Office of the Department of
Veterans Affairs.
(b) Annual Report.--
(1) In general.--The Secretary of Veterans Affairs shall
annually submit to Congress a report on the effectiveness of
the Chief Business Office in providing timely payment of proper
invoices for emergency hospital care, medical services, or
other emergency health care furnished through non-Department of
Veterans Affairs providers by the required payment date during
both the five-year period preceding the date of the report and
the one-year period preceding such date. For any part of the
period covered by a report under this subsection that occurred
before October 1, 2014, the report shall evaluate the provision
of such payments by the Veterans Integrated Service Networks.
(2) Matters included.--The reports under paragraph (1)
shall include, for each period covered by the report, the
following:
(A) The number of veterans who contacted the
Secretary regarding a delayed payment that negatively
affected, or will potentially negatively affect, the
credit of the veteran.
(B) The total amount of interest penalties paid by
the Secretary of Veterans Affairs under section 3902 of
title 31, United States Code, by reason of a delayed
payment.
(C) The number of proper invoices submitted, listed
in a table for each quarter and fiscal year of each
such period that includes--
(i) the total amount owed by the Secretary
under the proper invoices;
(ii) the payment status of each proper
invoice, as of the date of the report; and
(iii) the period that elapsed until each
proper invoice was paid, including an
explanation of any delayed payment.
(D) Any comments regarding delayed payments made by
medical providers.
(E) A description of the best practices that the
Chief Business Office can carry out to provide timely
payment of a proper invoice, including a plan to
improve such timely payments.
(c) Quarterly Reports on Pending Claims.--The Chief Business Office
of the Department of Veterans Affairs shall submit to Congress
quarterly reports on the number of pending claims for reimbursement for
emergency hospital care, medical services, and other emergency health
care furnished through non-Department of Veterans Affairs providers.
Each such report shall include each of the following:
(1) The total number of such pending claims for each
hospital system of the Department, as of the last day of the
quarter covered by the report.
(2) The total number of veterans who submitted such a
pending claim in each State, as of such day.
(3) The aggregate amount of all such pending claims in each
State, as of such day.
(4) As of such day--
(A) the number of such pending claims that have
been pending for 30 days or longer;
(B) the number of such pending claims that have
been pending for 90 days or longer; and
(C) the number of such pending claims that have
been pending for 365 days or longer.
(5) For each hospital system, for the quarter covered by
the report--
(A) the number of claims for reimbursement for
emergency hospital care, medical services, and other
emergency health care furnished through non-Department
of Veterans Affairs providers approved during such
quarter;
(B) the number of such claims denied during such
quarter; and
(C) the number of such claims denied listed by each
denial reason group.
(d) Comptroller General Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that evaluates the effectiveness
of the Chief Business Office in providing timely payment of a
proper invoice for emergency hospital care, medical services,
or other emergency health care furnished through non-Department
of Veterans Affairs providers by the required payment date.
(2) Submittal.--The Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1),
including the total amount of interest penalties paid by the
Secretary of Veterans Affairs under section 3902 of title 31,
United States Code, by reason of a delayed payment.
(e) Definitions.--In this section:
(1) The term ``delayed payment'' means a proper invoice
that is not paid by the Secretary of Veterans Affairs until
after the required payment date.
(2) The term ``proper invoice'' has the meaning given that
term in section 3901(a) of title 31, United States Code.
(3) The term ``required payment date'' means the date that
payment is due for a contract pursuant to section 3903(a) of
title 31, United States Code. | Veterans' Credit Protection Act Directs the Department of Veterans Affairs (VA) to: (1) conduct outreach to inform veterans of how to resolve credit issues caused by a delayed payment of a claim for emergency hospital care, medical services, or other emergency health care furnished through a non-VA provider; and (2) establish a toll-free telephone number for veterans to report such issues to the Chief Business Office of the VA. Requires the VA to report annually on the effectiveness of such Office in providing timely payment of proper invoices for emergency hospital care, medical services, or other emergency health care furnished through non-VA providers by the required payment date during both the preceding five-year period and the preceding one-year period. Requires the report, for any part of the period covered by such a report that occurred before October 1, 2014, to evaluate the provision of such payments by the Veterans Integrated Service Networks. Requires such report to include: the number of veterans who contacted the VA regarding delayed payments that could negatively affect their credit; the total amount of interest penalties paid by the VA by reason of delayed payments; the number of proper invoices submitted, the amount owed for and the payment status of such invoices, and the periods that elapsed before such invoices were paid; any comments regarding delayed payments made by medical providers; and a description of the best practices to provide timely payment of a proper invoice, including a plan to improve such timely payments. Directs: (1) the Office to submit to Congress quarterly reports on the number of pending claims for reimbursement for emergency hospital care, medical services, and other emergency health care furnished through non-VA providers; and (2) the Comptroller General to conduct a study that evaluates the effectiveness of the Office in providing timely payment of a proper invoice for such care by the required payment date. | {"src": "billsum_train", "title": "Veterans' Credit Protection Act"} | 1,124 | 394 | 0.824464 | 2.714232 | 1.021454 | 5.53951 | 2.959128 | 0.940054 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Retrofit Finance Program
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) many families lack access to upfront capital to make
cost-effective energy improvements to homes and apartments;
(2) a number of States, local governments, and energy
utilities are considering enacting, or have already enacted,
innovative energy efficiency and renewable energy finance
programs;
(3) home retrofits create and support jobs in the United
States in a number of fields, including jobs for electricians,
heating and air conditioning installers, carpenters,
construction, roofers, industrial truck drivers, energy
auditors and inspectors, construction managers, insulation
workers, renewable energy installers, and others;
(4) cost-effective energy improvements pay for themselves
over time and also save consumers energy, reduce energy demand
and peak electricity demand, move the United States towards
energy independence, reduce greenhouse gas emissions, and
improve the value of residential properties;
(5) modeling has shown that--
(A) energy efficiency and renewable energy upgrades
in just 15 percent of residential buildings in the
United States would require $280,000,000,000 in
financing; and
(B) the upgrades described in subparagraph (A)
could reduce carbon dioxide emissions by more than a
gigaton; and
(6) home retrofits--
(A) are a key strategy to reducing global warming
pollution; and
(B) create and support green jobs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible participant.--The term ``eligible
participant'' means a homeowner, apartment complex owner,
residential cooperative association, or condominium association
that finances energy efficiency measures and renewable energy
improvements to homes and residential buildings under this Act.
(2) Energy efficiency measure and renewable energy
improvement.--The term ``energy efficiency measure and
renewable energy improvement'' means any installed measure
(including products, equipment, systems, services, and
practices) that would result in a reduction in--
(A) end-use demand for externally supplied energy
or fuel by a consumer, facility, or user; and
(B) carbon dioxide emissions, as determined by the
Secretary.
(3) Program.--The term ``program'' means the Home Energy
Retrofit Finance Program established under section 4(a).
(4) Qualified program delivery entity.--The term
``qualified program delivery entity'' means a local government,
energy utility, or any other entity designated by the Secretary
that administers the program for a State under this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. HOME ENERGY RETROFIT FINANCE PROGRAM.
(a) Establishment.--The Secretary shall provide Home Energy
Retrofit Finance Program grants to States for the purpose of
establishing or expanding a State revolving finance fund to support
financing offered by qualified program delivery entities for energy
efficiency measures and renewable energy improvements to existing homes
and residential buildings (including apartment complexes, residential
cooperative associations, and condominium buildings under 5 stories).
(b) Funding Mechanism.--In carrying out the program, the Secretary
shall provide funds to States, for use by qualified program delivery
entities that administer finance programs directly or under agreements
with collaborating third party entities, to capitalize revolving
finance funds and increase participation in associated financing
programs.
(c) Eligibility of Qualified Program Delivery Entities.--
(1) In general.--The Secretary shall provide guidance to
the States on application requirements for a local government
or energy utility that seeks to participate in the program,
including criteria that require, at a minimum--
(A) a description of a method for determining
eligible energy professionals who can be contracted
with under the program for energy audits and energy
improvements, including a plan to provide preference
for entities that--
(i) hire locally;
(ii) partner with State Workforce
Investment Boards, labor organizations,
community-based organizations, and other job
training entities; or
(iii) are committed to ensuring that at
least 15 percent of all work hours are
performed by participants from State-approved
apprenticeship programs; and
(B) a certification that all of the work described
in subparagraph (A) will be carried out in accordance
with subchapter IV of chapter 31 of title 40, United
States Code.
(2) Repayment over time.--To be eligible to participate in
the program, a qualified program delivery entity shall
establish a method by which eligible participants may pay over
time for the financed cost of allowable energy efficiency
measures and renewable energy improvements.
(d) Allocation.--In making funds available to States for each
fiscal year under this Act, the Secretary shall use the allocation
formula used to allocate funds to States to carry out State energy
conservation plans under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.).
(e) Use of Funds.--Of the amounts in a State revolving finance
fund--
(1) not more than 20 percent may be used by qualified
program delivery entities for interest rate reductions for
eligible participants; and
(2) the remainder shall be available to provide direct
funding or other financial support to qualified program
delivery entities.
(f) State Revolving Finance Funds.--On repayment of any funds made
available by qualified program delivery entities under the program, the
funds shall be deposited in the applicable State revolving finance fund
to support additional financing to qualified program delivery entities
for energy efficiency measures and renewable energy improvements.
(g) Coordination With State Energy Efficiency Retrofit Programs.--
Home energy retrofit programs that receive financing through the
program shall be carried out in accordance with all authorized
measures, performance criteria, and other requirements of any
applicable Federal home energy efficiency retrofit programs.
(h) Program Evaluation.--
(1) In general.--The Secretary shall conduct a program
evaluation to determine--
(A) how the program is being used by eligible
participants, including what improvements have been
most typical and what regional distinctions exist, if
any;
(B) what improvements could be made to increase the
effectiveness of the program; and
(C) the quantity of verifiable energy savings and
renewable energy deployment achieved through the
program.
(2) Reports.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that describes
the results of the program evaluation required under
this subsection, including any recommendations.
(B) State reports.--Not less than once every 2
years, States participating in the program shall submit
to the Secretary reports on the use of funds through
the program that include any information that the
Secretary may require.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out this Act for each of fiscal years 2010
through 2015.
(b) Administrative Expenses.--An amount not exceeding 5 percent of
the amounts made available under subsection (a) shall be available for
each fiscal year to pay the administrative expenses necessary to carry
out this Act. | Home Energy Retrofit Finance Program Act - Directs the Secretary to Energy (DOE) to: (1) provide Home Energy Retrofit Finance Program grants to states to establish or expand revolving finance funds to support financing for energy efficiency measures and renewable energy improvements to existing homes and residential buildings; and (2) conduct and report to Congress on an evaluation of such Program. | {"src": "billsum_train", "title": "A bill to establish a home energy retrofit finance program."} | 1,574 | 75 | 0.55147 | 1.392499 | 0.917145 | 3.028571 | 21.228571 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patients First Act of 2015''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) intensify research that may result in improved
understanding of or treatments for diseases and other adverse
health conditions;
(2) promote research and human clinical trials using stem
cells that are ethically obtained and show evidence of
providing clinical benefit for human patients; and
(3) promote the derivation of pluripotent stem cell lines
without the creation of human embryos for research purposes and
without the destruction or discarding of, or risk of injury to,
a human embryo.
SEC. 3. HUMAN STEM CELL RESEARCH AND THERAPY.
(a) Authorization.--Part B of title IV of the Public Health Service
Act (42 U.S.C. 284 et seq.) is amended by inserting after section 409I
the following:
``SEC. 409K. HUMAN STEM CELL RESEARCH AND THERAPY.
``(a) In General.--The Secretary shall conduct and support basic
and applied research to develop techniques for the isolation,
derivation, production, testing, and human clinical use of stem cells
that may result in improved understanding of or treatments for diseases
and other adverse health conditions, including pluripotent stem cells
that have the flexibility of embryonic stem cells (whether or not such
pluripotent stem cells have an embryonic source), prioritizing research
with the greatest potential for near-term clinical benefit in human
patients, provided that such isolation, derivation, production,
testing, or use will not involve--
``(1) the creation of a human embryo for research purposes;
``(2) the destruction of or discarding of, or risk of
injury to, a living human embryo; or
``(3) the use of any stem cell, the derivation or provision
of which would be inconsistent with the standards established
in paragraph (1) or (2).
``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director of NIH, shall issue final guidelines implementing subsection
(a) to ensure that any research (including any clinical trial)
supported under subsection (a)--
``(1) is clearly consistent with the standards established
in subsection (a) if conducted using human cells, as
demonstrated by animal trials or other substantial evidence;
and
``(2) is prioritized in terms of potential for near-term
clinical benefit in human patients, as indicated by substantial
evidence from basic research or by substantial clinical
evidence which may include but is not limited to--
``(A) evidence of improvement in one or more human
patients suffering from illness or injury, as
documented in reports by professional medical or
scientific associations or in peer-reviewed medical or
scientific literature; or
``(B) approval for use in human trials by the Food
and Drug Administration.
``(c) Definitions.--In this section:
``(1) Human embryo.--The term `human embryo' includes any
organism, not protected as a human subject under part 46 of
title 45, Code of Federal Regulations, as of the date of the
enactment of this section, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells.
``(2) Risk of injury.--The term `risk of injury' means
subjecting a human embryo to risk of injury or death greater
than that allowed for research on fetuses in utero under
section 46.204(b) of title 45, Code of Federal Regulations (or
any successor regulation), or section 498(b) of this Act.''.
(b) Priority Setting; Reports.--Section 492 of the Public Health
Service Act (42 U.S.C. 289a) is amended by adding at the end the
following:
``(d)(1) With respect to human stem cell research, the Secretary,
acting through the Director of NIH, shall give priority to conducting
or supporting research in accordance with section 409K.
``(2) At the end of fiscal year 2016 and each subsequent fiscal
year, the Secretary shall submit to the Congress a report outlining the
number of research proposals under section 409K that were peer
reviewed, a summary and detailed list of all such research proposals
that were not funded, and an explanation of why the proposals did not
merit funding. The reports under this paragraph shall be in addition to
the reporting on stem cell research included in the biennial report
required by section 403.''.
(c) Biennial Reports.--Section 403(a)(5) of the Public Health
Service Act (42 U.S.C. 283(a)(5)) is amended--
(1) by redesignating subparagraph (L) as subparagraph (M);
and
(2) by inserting after subparagraph (K) the following:
``(L) Stem cells.''. | Patients First Act of 2015 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, provided that the techniques will not involve: (1) the creation of a human embryo for research purposes; (2) the destruction or discarding of, or risk of injury to, a living human embryo; or (3) the use of any stem cell the derivation or provision of which would be inconsistent with this Act. HHS must issue guidelines to ensure that any research (including any clinical trial) supported under this Act: (1) is clearly consistent with the standards established in this Act, if conducted using human cells; and (2) is prioritized in terms of potential for near-term clinical benefit in human patients. HHS must report on peer reviewed stem cell research proposals that were not funded. | {"src": "billsum_train", "title": "Patients First Act of 2015"} | 1,105 | 215 | 0.741217 | 2.213903 | 0.984243 | 6.635071 | 4.767773 | 0.947867 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans'
Compensation Cost-of-Living Adjustment Act of 1999''.
(b) References to Title 38, United States Code.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
SEC. 2. DISABILITY COMPENSATION.
(a) Increase in Rates.--Section 1114 is amended--
(1) by striking ``$95'' in subsection (a) and inserting
``$98'';
(2) by striking ``$182'' in subsection (b) and inserting
``$188'';
(3) by striking ``$279'' in subsection (c) and inserting
``$288'';
(4) by striking ``$399'' in subsection (d) and inserting
``$413'';
(5) by striking ``$569'' in subsection (e) and inserting
``$589'';
(6) by striking ``$717'' in subsection (f) and inserting
``$743'';
(7) by striking ``$905'' in subsection (g) and inserting
``$937'';
(8) by striking ``$1,049'' in subsection (h) and inserting
``$1,087'';
(9) by striking ``$1,181'' in subsection (i) and inserting
``$1,224'';
(10) by striking ``$1,964'' in subsection (j) and inserting
``$2,036'';
(11) in subsection (k)--
(A) by striking ``$75'' both places it appears and
inserting ``$76''; and
(B) by striking ``$2,443'' and ``$3,426'' and inserting
``$2,533'' and ``$3,553'', respectively;
(12) by striking ``$2,443'' in subsection (l) and inserting
``$2,533'';
(13) by striking ``$2,694'' in subsection (m) and inserting
``$2,794'';
(14) by striking ``$3,066'' in subsection (n) and inserting
``$3,179'';
(15) by striking ``$3,426'' each place it appears in
subsections (o) and (p) and inserting ``$3,553'';
(16) by striking ``$1,471'' and ``$2,190'' in subsection (r)
and inserting ``$1,525'' and ``$2,271'', respectively; and
(17) by striking ``$2,199'' in subsection (s) and inserting
``$2,280''.
(b) Special Rule.--The Secretary of Veterans Affairs may authorize
administratively, consistent with the increases authorized by this
section, the rates of disability compensation payable to persons within
the purview of section 10 of Public Law 85-857 who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.
SEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS.
Section 1115(1) is amended--
(1) by striking ``$114'' in clause (A) and inserting ``$117'';
(2) by striking ``$195'' and ``$60'' in clause (B) and
inserting ``$201'' and ``$61'', respectively;
(3) by striking ``$78'' and ``$60'' in clause (C) and inserting
``$80'' and ``$61'', respectively;
(4) by striking ``$92'' in clause (D) and inserting ``$95'';
(5) by striking ``$215'' in clause (E) and inserting ``$222'';
and
(6) by striking ``$180'' in clause (F) and inserting ``$186''.
SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.
Section 1162 is amended by striking ``$528'' and inserting
``$546''.
SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR
SURVIVING SPOUSES.
(a) New Law Rates.--Section 1311(a) is amended--
(1) by striking ``$850'' in paragraph (1) and inserting
``$881''; and
(2) by striking ``$185'' in paragraph (2) and inserting
``$191''.
(b) Old Law Rates.--The table in section 1311(a)(3) is amended to
read as follows:
---------------------------------------------------------------------------
Monthly Monthly
``Pay grade rate Pay grade rate
E-1...................... $881 W-4........ $1,054
E-2...................... 881 O-1........ 930
E-3...................... 881 O-2........ 962
E-4...................... 881 O-3........ 1,028
E-5...................... 881 O-4........ 1,087
E-6...................... 881 O-5........ 1,198
E-7...................... 911 O-6........ 1,349
E-8...................... 962 O-7........ 1,458
E-9...................... 1,003\1\ O-8........ 1,598
W-1...................... 930 O-9........ 1,712
W-2...................... 968 O-10....... 1,878\2\
W-3...................... 997
``\1\If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 1302 of
this title, the surviving spouse's rate shall be $1,082.
``\2\If the veteran served as Chairman or Vice-Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse's rate
shall be $2,013.''.
(c) Additional DIC for Children.--Section 1311(b) is amended by
striking ``$215'' and inserting ``$222''.
(d) Aid and Attendance Allowance.--Section 1311(c) is amended by
striking ``$215'' and inserting ``$222''.
(e) Housebound Rate.--Section 1311(d) is amended by striking
``$104'' and inserting ``$107''.
SEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR
CHILDREN.
(a) DIC for Orphan Children.--Section 1313(a) is amended--
(1) by striking ``$361'' in paragraph (1) and inserting
``$373'';
(2) by striking ``$520'' in paragraph (2) and inserting
``$538'';
(3) by striking ``$675'' in paragraph (3) and inserting
``$699''; and
(4) by striking ``$675'' and ``$132'' in paragraph (4) and
inserting ``$699'' and ``$136'', respectively.
(b) Supplemental DIC for Disabled Adult Children.--
Section 1314 is amended--
(1) by striking ``$215'' in subsection (a) and inserting
``$222'';
(2) by striking ``$361'' in subsection (b) and inserting
``$373''; and
(3) by striking ``$182'' in subsection (c) and inserting
``$188''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on December 1,
1999.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Veterans' Compensation Cost-of-Living Adjustment Act of 1999 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 1999, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date, and to be published at the same time the latter increases are published. Revises codified amounts to reflect the December 1, 1998, cost-of-living adjustment to the veterans' compensation rates. | {"src": "billsum_train", "title": "Veterans' Compensation Cost-of-Living Adjustment Act of 1999"} | 1,944 | 156 | 0.515584 | 1.352363 | 0.606754 | 2.547445 | 12.109489 | 0.839416 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Law Enforcement Officers Pay
Equity and Reform Act of 2002''.
SEC. 2. LIMITATION ON PREMIUM PAY.
(a) In General.--Section 5547 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``5545a,'';
(2) in subsection (c), by striking ``or 5545a''; and
(3) in subsection (d), by striking the period and inserting
``or a criminal investigator who is paid availability pay under
section 5545a.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 1114 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1239).
SEC. 3. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR FEDERAL LAW
ENFORCEMENT OFFICERS.
(a) Study.--Not later than 6 months after the date of the enactment
of this Act, the Office of Personnel Management shall study and submit
to Congress a report which shall contain its findings and
recommendations regarding the need for, and the potential benefits to
be derived from, the establishment of a separate pay, evaluation, and
promotion system for Federal law enforcement officers. In carrying out
this subsection, the Office of Personnel Management shall take into
account the findings and recommendations contained in the September
1993 report of the Office entitled ``A Plan to Establish a New Pay and
Job Evaluation System for Federal Law Enforcement Officers''.
(b) Demonstration Project.--
(1) In general.--If, after completing its report under
subsection (a), the Office of Personnel Management considers it
to be appropriate, the Office shall implement, within 12 months
after the date of the enactment of this Act, a demonstration
project to determine whether a separate system for Federal law
enforcement officers (as described in subsection (a)) would
result in improved Federal personnel management.
(2) Applicable provisions.--Any demonstration project under
this subsection shall be conducted in accordance with the
provisions of chapter 47 of title 5, United States Code, except
that a project under this subsection shall not be taken into
account for purposes of the numerical limitation under section
4703(d)(2) of such title.
(3) Permanent changes.--Not later than 6 months before the
demonstration project's scheduled termination date, the Office
of Personnel Management shall submit to Congress--
(A) its evaluation of the system tested under the
demonstration project; and
(B) recommendations as to whether or not that
system (or any aspects of that system) should be
continued or extended to other Federal law enforcement
officers.
(c) Federal Law Enforcement Officer Defined.--For purposes of this
section, the term ``Federal law enforcement officer'' means a law
enforcement officer as defined by section 8331 or 8401 of title 5,
United States Code.
SEC. 4. REPORT ON FEDERAL LAW ENFORCEMENT OFFICERS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Office of Personnel Management shall submit
a report to Congress on the definition of a Federal law enforcement
officer for purposes of pay and benefits under the provisions of title
5, United States Code.
(b) Recommendations.--The report under subsection (a) shall include
recommendations of applying pay and benefit provisions (including
retirement under chapters 83 and 84 of title 5, United States Code, and
premium pay under subchapter V of chapter 55 of that title) to Federal
employees who are not defined as law enforcement officers under those
provisions.
SEC. 5. EMPLOYEE EXCHANGE PROGRAM BETWEEN DEPARTMENT EMPLOYEES AND
EMPLOYEES OF STATE AND LOCAL GOVERNMENTS.
(a) Definitions.--In this section:
(1) Employing agency.--The term ``employing agency'' means
the Federal, State, or local government agency with which the
participating employee was employed before an assignment under
the Program.
(2) Participating employee.--The term ``participating
employee'' means an employee who is participating in the
Program.
(3) Program.--The term ``Program'' means the employee
exchange program established under subsection (b).
(b) Establishment.--The President shall establish an employee
exchange program between Federal agencies that perform law enforcement
functions and agencies of State and local governments that perform law
enforcement functions.
(c) Conduct of Program.--The Program shall be conducted in
accordance with subchapter VI of chapter 33 of title 5, United States
Code.
(d) Qualifications.--An employee of an employing agency who
performs law enforcement functions may be selected to participate in
the Program if the employee--
(1) has been employed by that employing agency for a period
of more than 3 years;
(2) has had appropriate training or experience to perform
the work required by the assignment;
(3) has had an overall rating of satisfactory or higher on
performance appraisals from the employing agency during the 3-
year period before being assigned to another agency under this
section; and
(4) agrees to return to the employing agency after
completing the assignment for a period not less than the length
of the assignment.
(d) Written Agreement.--An employee shall enter into a written
agreement regarding the terms and conditions of the assignment before
beginning the assignment with another agency. | Federal Law Enforcement Officers Pay Equity and Reform Act of 2002 - Excludes availability pay for Federal criminal investigators from premium pay limitations.Requires a study by the Office of Personnel Management (OPM) regarding the need for, and potential benefits of, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. Authorizes OPM to implement a demonstration project for such a system.Directs OPM to report to Congress on the definition of a Federal law enforcement officer for pay and benefit purposes. Requires such report to include recommendations of applying pay and benefit provisions (including retirement and premium pay provisions) to Federal employees who are not defined as law enforcement officers under those provisions.Directs the President to establish an employee exchange program between Federal agencies that perform law enforcement functions and State and local government agencies that perform such functions. | {"src": "billsum_train", "title": "A bill to amend chapter 55 of title 5, United States Code, to exclude availability pay for certain Federal law enforcement officers from the limitation on premium pay, and for other purposes."} | 1,230 | 185 | 0.56121 | 1.636359 | 0.802802 | 5.14375 | 6.84375 | 0.93125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Assistance Voting Act of
2009''.
SEC. 2. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND OVERSEAS
VOTERS TO INDIVIDUALS EVACUATED AS A RESULT OF MAJOR
DISASTER.
(a) Right of Evacuees To Use Absentee Balloting and Registration
Procedures Available to Military and Overseas Voters.--In the case of
any individual who is an eligible evacuee--
(1) the individual shall be treated in the same manner as
an absent uniformed services voter and overseas voter for
purposes of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.), other than section 103(b)(1)
(42 U.S.C. 1973ff-2(b)(1)); and
(2) the individual shall be deemed to be an individual who
is entitled to vote by absentee ballot for purposes of the
National Voter Registration Act of 1993 and the Help America
Vote Act of 2002.
(b) Definitions.--For purposes of this section, the following
definitions apply:
(1) The term ``eligible evacuee'' means an individual--
(A) who certifies to the appropriate State election
official that the individual's predisaster primary
residence is rendered uninhabitable or inaccessible as
a result of damage or evacuation caused by a major
disaster; and
(B) who provides the official with an affidavit
stating that the individual intends to return to the
place of residence where the individual is otherwise
qualified to vote after the election or elections
involved.
(2) The term ``major disaster'' has the meaning given such
term under section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(3) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the United States Virgin Islands.
(c) Effective Date.--This section shall apply with respect to
elections for Federal office held in calendar years beginning with
2010.
SEC. 3. GRANTS TO STATES FOR RESPONDING TO ELECTION ADMINISTRATION
NEEDS RESULTING FROM MAJOR NATURAL DISASTERS.
(a) Authority To Make Grants.--The Election Assistance Commission
shall make a grant to each eligible State, in such amount as the
Commission considers appropriate, for purposes of restoring and
replacing supplies, materials, and equipment used in the administration
of elections in the State which were damaged as a result of a major
natural disaster, and for conducting voter outreach and education for
voters displaced as a result of a major natural disaster, as determined
on the basis of such criteria as the Commission may establish.
(b) Eligibility.--
(1) In general.--A State is eligible to receive a grant
under this section if it submits to the Commission (at such
time and in such form as the Commission may require) a
certification that supplies, materials, and equipment used in
the administration of elections in the State were damaged as a
result of a major natural disaster.
(2) Preference for states using funds for satellite voting
sites.--In determining the eligibility of States for receiving
grants under this section and the amount of the grant awarded
to a State, the Commission shall give preference to States
which will use the grant to operate voting sites for displaced
voters which are located outside of the area which was affected
by the major natural disaster.
(c) Definition.--In this section, the term ``State'' means each of
the several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, and the United States Virgin
Islands.
(d) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2010 and each succeeding fiscal year such
sums as may be necessary to carry out this section, to remain available
until expended.
SEC. 4. DELAY IN REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF VOTERS ON
GROUNDS OF CHANGE OF RESIDENCE.
Section 8 of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-6) is amended--
(1) in subsection (b)(2)(B), by inserting after ``2 or
more'' the following: ``(or, in the case of an individual who
at any time after the applicable registrar sends the notice is
an eligible evacuee under the Disaster Assistance Voting Act of
2009, 3 or more)''; and
(2) in subsection (d)(1)(B)(ii), by inserting after ``the
second general election'' the following: ``(or, in the case of
an individual who at any time after the date of the notice is
an eligible evacuee under the Disaster Assistance Voting Act of
2009, the third general election)''.
SEC. 5. NOTIFYING DISPLACED INDIVIDUALS OF AVAILABILITY OF PROTECTIONS.
(a) Individuals Receiving Services at Designated State Voter
Registration Agencies.--Each motor vehicle authority in a State and
each voter registration agency designated in a State under section 7(a)
of the National Voter Registration Act of 1993 shall take such steps as
may be necessary to notify individuals to whom services are provided of
the protections provided by section 2 and of the requirements for
obtaining those protections, including the requirement to submit an
affidavit stating that the individual intends to return to the place of
residence where the individual is otherwise qualified to vote.
(b) Applicants for Housing Assistance Under Stafford Act.--
(1) In general.--Section 408(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(b)) is amended by adding at the end the following new
paragraph:
``(3) Notification of availability of right to use certain
absentee balloting and registration procedures.--The President
shall notify each individual and household who receives housing
assistance under this section of the protections provided by
section 2 of the Disaster Assistance Voting Act of 2009
(relating to the right to register to vote and vote by absentee
ballot in elections for Federal office) and of the requirements
for obtaining those protections, including the requirement to
submit an affidavit stating that the individual intends to
return to the place of residence where the individual is
otherwise qualified to vote.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to assistance received on or after the
date of the enactment of this Act. | Disaster Assistance Voting Act of 2009 - Applies certain protections for absent military and overseas voters to individuals evacuated (eligible evacuees) as a result of a major disaster.
Requires any eligible evacuee to be treated in the same manner as an absentee uniformed services voter and overseas voter for purposes of the Uniformed and Overseas Citizens Absentee Voting Act. Deems such an individual to be entitled to vote by absentee ballot for purposes of the National Voter Reigistration Act of 1993 and the Help America Vote Act of 2002.
Directs the Election Assistance Commission to make grants to eligible states to: (1) restore and replace supplies, materials, and equipment used in the state election administration which were damaged as a result of a major natural disaster; and (2) conduct outreach and education for voters displaced for the same reason.
Amends the National Voter Registration Act of 1993 to require delay for at least three (currently, two) consecutive federal general elections before removal of eligible evacuees from the official list of voters by reason of their not voting or appearing to vote in several consecutive such elections.
Requires each motor vehicle authority and each voter registration agency in a state to take necessary steps to notify individuals to whom their services are provided of the protections afforded by this Act and of the requirements for obtaining them, including submission of an affidavit stating that the individual intends to return to the place of residence where the individual is otherwise qualified to vote.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to send a similar notice to each individual and household receiving assistance under that Act. | {"src": "billsum_train", "title": "To extend to individuals evacuated from their residences as a result of a major disaster the right to use the absentee balloting and registration procedures available to military and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, to direct the Election Assistance Commission to make grants to States to respond to election administration needs which result from a major disaster, and for other purposes."} | 1,525 | 376 | 0.682549 | 2.251509 | 0.769023 | 4.188925 | 4.136808 | 0.899023 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Non-Citizen
Enforcement Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Continued increase in full-time border patrol agents.
Sec. 3. Powers of State officers and employees.
Sec. 4. Listing on NCIC of aliens ordered removed in absentia.
Sec. 5. Penalties for aliens unlawfully present in the United States.
Sec. 6. State Criminal Alien Assistance Program (SCAAP).
Sec. 7. Increased penalties for certain crimes by illegal aliens.
Sec. 8. Increased penalties for smuggling previously deported aliens.
SEC. 2. CONTINUED INCREASE IN NUMBER OF FULL-TIME BORDER PATROL AGENTS.
Section 5202 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) is amended by adding at the end the
following: ``The Secretary of Homeland Security shall continue to
increase by not less than 2,000 the number of positions for full-time
active-duty border patrol agents in each fiscal year after fiscal year
2010, until the Secretary certifies to the Congress effective control
of the border through the Secure Border Initiative has been achieved.
Such certification shall include a description of following:
``(1) The recruitment incentives being implemented for
Border Patrol agents.
``(2) The plan, including payment of bonuses, being
implemented for retention of Border Patrol agents.
``(3) The methodology used in determining that effective
control of the border has been achieved.''.
SEC. 3. POWERS OF STATE OFFICERS AND EMPLOYEES.
Section 287(a) of the Immigration and Nationality Act (8 U.S.C.
1357(a)) is amended by adding at the end the following:
``Notwithstanding subsection (g), and in addition to other authority
under law, an officer or employee of a State, or any political
subdivision of a State, shall have the authority, and is directed, to
arrest any alien unlawfully present in the United States who has been
ordered removed in absentia. Such State or political subdivision shall
coordinate with the Secretary of Homeland Security the transportation
and detention of aliens so arrested.''.
SEC. 4. LISTING ON NCIC OF ALIENS ORDERED REMOVED IN ABSENTIA.
Section 240(b)(5)(A) of the Immigration and Nationality Act (8
U.S.C. 1229a(b)(4)(A)) is amended by adding at the end the following:
``In the case of an alien who is ordered removed in absentia under this
subparagraph, if a motion to reopen the order is not filed within the
180-day period beginning on the date the order is issued, the Secretary
of Homeland Security, through Immigration and Customs Enforcement,
shall provide at the end of such period for the posting of the name of
the alien on the Absconder Category of the National Criminal
Information Center database.''.
SEC. 5. PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.
(a) In General.--Section 275 of the Immigration and Nationality Act
(8 U.S.C. 1325)is amended--
(1) in the heading, by inserting ``unlawful presence''
after ``improper time or place;''; and
(2) in subsection (a)--
(A) by striking ``Any alien'' and inserting
``Except as provided in subsection (b), any alien'';
(B) by striking ``or'' before ``(3)''; and
(C) by inserting after ``concealment of a material
fact,'' the following: ``or (4) is otherwise present in
the United States in violation of the immigration laws
or the regulations prescribed thereunder''.
(b) Clerical Amendment.--The item in the table of contents of such
Act relating to section 275 is amended by inserting ``unlawful
presence'' after ``improper time or place;''.
SEC. 6. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
(a) Increase in Authorized Funding.--Paragraph (5)(C) of section
241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is
amended by striking ``$950,000,000'' and inserting ``$1,500,000,000''.
(b) Clarification of Use of Funds for Transportation and Related
Costs.--Paragraph (6) of such section is amended by inserting ``,
including for transportation and related costs'' after ``for
correctional purposes''.
SEC. 7. INCREASED PENALTIES FOR CERTAIN CRIMES BY ILLEGAL ALIENS.
(a) Possession of Firearms.--Section 924(a)(2) of title 18, United
States Code, is amended by adding at the end the following: ``If the
person described in section 922(g) is an alien who is not lawfully in
this country and the offense is an offense under section 922(g), then
the maximum term of imprisonment that may be imposed for that offense
is 20 years.''.
(b) Distribution of Controlled Substances and Related Offenses.--
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844) is
amended by adding at the end the following: ``If the offense under this
section is committed by an alien who is not lawfully in this country,
the maximum term of imprisonment that may be imposed for the offense is
twice the maximum otherwise provided by this section.''.
SEC. 8. INCREASED PENALTIES FOR SMUGGLING PREVIOUSLY DEPORTED ALIENS.
Section 274(a)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(B)) is amended by inserting, ``, but if the alien
with respect to whom the violation occurs has a criminal conviction as
recorded in the National Crime Information Center, the maximum term of
imprisonment is 20 years'' after ``or both''. | Non-Citizen Enforcement Act of 2007 - Directs the Secretary of Homeland Security to increase the number of Border Patrol agents by at least 2,000 in each post-FY2010 fiscal year year until effective control of the border has been achieved through the Secure Border Initiative.
Empowers state or local officers and employees to arrest an alien unlawfully present in the United States who has been ordered removed in abstentia. Provides for such aliens' listing on the absconder category of the national criminal information center database.
Increases funding for the state criminal alien assistance program (SCAAP).
Subject an individual unlawfully present in the United States to criminal penalties.
Increases penalties for firearms possession and controlled substance distribution violations by aliens unlawfully present in the United States.
Provides a 20-year maximum penalty for smuggling into the United States an alien previously deported on criminal conviction grounds. | {"src": "billsum_train", "title": "To amend various laws imposing criminal penalties to double the maximum penalty for illegal aliens who commit those crimes, and for other purposes."} | 1,439 | 194 | 0.571546 | 1.522108 | 0.926641 | 3.493902 | 7.231707 | 0.871951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Education for Autistic
Children Act of 2002'' or the ``TEACH Act of 2002''.
SEC. 2. TRAINING OF SPECIAL EDUCATION TEACHERS WITH EXPERTISE IN AUTISM
SPECTRUM DISORDERS.
(a) Authorization of Appropriations.--In addition to such sums as
are otherwise authorized to be appropriated for ``Special Education-
Personnel Preparation to Improve Services and Results for Children with
Disabilities'', there are authorized to be appropriated for ``Special
Education-Personnel Preparation to Improve Services and Results for
Children with Disabilities'', for each of the fiscal year 2003 through
2007, $15,000,000--
(1) to provide technical assistance grants to develop
standards for training teachers with respect to the provision
of education for children with autism spectrum disorders (ASD)
and to integrate such standards into the existing training
infrastructure;
(2) to train special education teachers with an expertise
in autism spectrum disorders; and
(3) to provide preservice or professional development
training of personnel to be special education teachers, aides
of such teachers or other paraprofessionals providing teaching
assistance, special education administrators, or staff
specialists (such as speech-language pathologists and school
psychologists) with an expertise in autism spectrum disorders.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
SEC. 3. IMPROVING RESULTS FOR CHILDREN WITH AUTISM SPECTRUM DISORDERS.
(a) Authorization of Appropriations.--In addition to such sums as
are otherwise authorized to be appropriated to carry out subpart 1 of
part D of the Individuals with Disabilities Education Act, there are
authorized to be appropriated for each of the fiscal years 2003 through
2007 $5,000,000 for competitive grants under subpart 1 of part D of
such Act to assist State educational agencies, in cooperation with
other appropriate entities, to improve results for children with autism
spectrum disorders (ASD).
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
SEC. 4. REFUNDABLE TAX CREDIT FOR EDUCATION AND TRAINING RELATING TO
AUTISM SPECTRUM DISORDERS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 following new section:
``SEC. 35. EDUCATION AND TRAINING RELATING TO AUTISM SPECTRUM
DISORDERS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified expenses
which are paid or incurred by the taxpayer during such taxable year.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $10,000.
``(c) Qualified Expenses.--The term `qualified expenses' means--
``(1) tuition, fees, books, supplies, and equipment
required for the enrollment or attendance of such individual in
a course or program of study to prepare such individual to
teach children or adults with an autism spectrum disorder, and
``(2) interest on a qualified education loan (as defined by
section 221(d)(1) the proceeds of which are used to for
expenses described in paragraph (1).
``(d) Autism Spectrum Disorders.--For purposes of this section, the
term `autism spectrum disorders' has the meaning given such term in
section 9 of the Teacher Education for Autistic Children Act of 2002.
``(e) Special Rules.--
``(1) Approval of courses and programs of study.--A course
or program of study shall not be taken into account for
purposes of subsection (c) unless such course or program is
approved by the State in which such course or program is
offered.
``(2) Denial of double benefit.--No credit or deduction
shall be allowed under this chapter for any expense for which
credit is allowed under this section.
``(3) Coordination with other education provisions.--The
total amount of qualified expenses shall be reduced by the
amount of such expenses taken into account in determining any
amount allowed as a credit under section 25A, excluded under
section 135, 529(c)(1), or 530(d)(2), or deducted under section
222. For purposes of the preceding sentence, the amount taken
into account in determining the amount excluded under section
529(c)(1) shall not include that portion of the distribution
which represents a return of any contributions to the plan.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2007.''.
(b) Technical Amendment.--Paragraph (2) of section 1324(b) of title
31, United States Code, is amended by inserting ``or from section 35 of
such Code'' before the period at the end.
(c) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by striking the last item and inserting the following:
``Sec. 35. Education and training
relating to autism spectrum
disorders.
``Sec. 36. Overpayments of tax.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 5. REPORT ON AUTISM EARLY INTERVENTION ACTIVITIES.
(a) Report.--Section 613 of the Individuals with Disabilities
Education Act (20 U.S.C. 1413) is amended by adding at the end the
following:
``(k) Report on Autism Early Intervention Activities.--
``(1) In general.--A local educational agency that receives
assistance under this part for a fiscal year shall prepare and
submit to the Secretary a report that contains a description of
the activities referred to in paragraph (2) carried out in the
preceding fiscal year.
``(2) Information.--The activities referred to in this
paragraph are the following:
``(A) Activities carried out by the agency to
ensure that students who exhibit symptoms of autism
spectrum disorders (ASD) are referred to appropriate
experts for diagnosis.
``(B) Appropriate training provided by the agency,
or on behalf of the agency, of personnel of the agency
and schools of the agency to carry out the activities
described in subparagraph (A).
``(3) Definition.--In this subsection, the term `autism
spectrum disorders' has the meaning given the term in section 9
of the Teacher Education for Autistic Children Act of 2002.''.
(b) Technical Assistance.--The Secretary of Education shall provide
technical assistance to local educational agencies that receive
assistance under part B of the Individuals with Disabilities Education
Act to assist such agencies comply with the reporting requirement under
section 613(k) of such Act (as added by subsection (a)).
SEC. 6. TASK FORCE ON AUTISM SPECTRUM DISORDERS.
(a) Establishment.--The Secretary of Education, acting through the
Assistant Secretary for Special Education and Rehabilitative Services,
shall establish and provide administrative support for a Task Force on
Autism Spectrum Disorders (ASD) (in this section referred to as the
``Task Force'').
(b) Duties.--The Task Force shall--
(1) conduct a review of minimum standards relating to the
provision of special education for children with autism
spectrum disorders and provide recommendations to improve or
otherwise strengthen such standards;
(2) conduct a review of the effectiveness of existing
educational models used with respect to the provision of
special education for children with autism spectrum disorders;
and
(3) conduct an evaluation of programs carried out by State
and local educational agencies to train teachers with respect
to the provision of special education for children with autism
spectrum disorders and provide recommendations to improve and
expand such programs.
(c) Composition.--
(1) In general.--The Secretary of Education, acting through
the Assistant Secretary for Special Education and
Rehabilitative Services and in consultation with the Director
of the National Research Council (or the Director's designee),
shall appoint members of the Task Force as follows:
(A) Not less than two members shall be
representatives from national autism organizations.
(B) Not less than one member shall be an individual
with an autism spectrum disorder or a parent (or legal
guardian) of such an individual.
(C) Not less than two members shall be
representatives from academia or professionals with
experience in working with children with autism.
(D) Not less than two members shall be appropriate
officers or employees of the Department of Education.
(E) Not less than two members shall be appropriate
officers or employees of the Department of Health and
Human Services (to be appointed in consultation with
the Secretary of Health and Human Services).
(2) Compensation.--
(A) Rates of pay.--Except as provided in
subparagraph (B), members of the Task Force shall be
paid at the maximum rate of basic pay for GS-14 of the
General Schedule for each day during which they are
engaged in the actual performance of duties of the Task
Force.
(B) Prohibition of compensation of federal
employees.--Members of the Task Force who are full-time
officers or employees of the United States may not
receive additional pay, allowances, or benefits by
reason of their service on the Task Force.
(C) Travel expenses.--Each member of the Task Force
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.
(d) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for each of the
subsequent four calendar years, the Task Force shall prepare and submit
to the Secretary of Education a report that contains the results of the
reviews and evaluations conducted pursuant to subsection (b) and a
description of the recommendations proposed pursuant to such
subsection.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $500,000 for fiscal years 2003 through
2007.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 7. STUDY AND REPORT ON FEDERAL VOCATIONAL TRAINING PROGRAMS.
(a) Study.--The Secretary of Education, in conjunction with the
Secretary of Labor (hereinafter in this section referred to as the
``Secretaries''), shall conduct a study on the effectiveness of Federal
vocational training programs in providing appropriate assistance to
individuals with autism spectrum disorders (ASD)
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretaries shall submit to Congress a
report that contains the following:
(1) The results of the study conducted under subsection
(a).
(2) Administrative and legislative recommendations to
improve the effectiveness of Federal vocational training
programs in providing appropriate assistance to individuals
with autism spectrum disorders.
(3) Recommendations on appropriate data that should be
collected, maintained, and disseminated in order to better
monitor the effectiveness of each vocational training program
that serves individuals with autism spectrum disorders.
SEC. 8. STATE AUTISM OMBUDSMAN OFFICES.
(a) Grants to States.--Of the amount appropriated pursuant to the
authorization of appropriations under subsection (d) for a fiscal year,
the Secretary of Education shall provide grants to each State that
meets the requirements of subsection (b) for the purpose of carrying
out this section.
(b) State Requirements.--A State meets the requirements of this
subsection if it establishes and operates (including through the use of
funds provided under a grant under subsection (a)) at least one State
autism ombudsman office in accordance with this section. The office
shall be headed by an individual who shall be selected from among
individuals who are members of, or approved by, national, non-profit
organizations, including their State and local affiliate organizations,
dedicated to addressing, by whatever means, the needs of individuals
with autism spectrum disorders or their families or legal guardians.
(c) Duties of Office.--
(1) In general.--A State autism ombudsman office
established in accordance with subsection (b) shall serve
individuals with autism spectrum disorders and their families
or guardians as a resource to assist with legal, educational,
and family support systems issues, including by advising
families or guardians on the process of the individualized
education program, interpreting school communications regarding
a child who exhibits autistic behavior, proposing alternatives
to those proposed by the IEP team, and otherwise mediating
between families or guardians of a child with an autism
spectrum disorder and officials of local or State public school
systems, agencies, or boards.
(2) Definition.--In this subsection, the term
``individualized education program'' or ``IEP'' means a written
statement for a child with a disability that is developed,
reviewed, and revised in accordance with section 614(d) of the
Individuals with Disabilities Education Act.
(d) Requirements.--A State autism ombudsman office established in
accordance with subsection (b) shall--
(1) coordinate with the State developmental disabilities
council, university-affiliated programs, regional resource
centers, and other appropriate State entities; and
(2) operate independently of the State educational agency
and local educational agencies within the State.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $8,000,000 for each of the
fiscal years 2003 through 2007.
SEC. 9. DEFINITION.
In this Act, the term ``autism spectrum disorders''--
(1) means any of a group of life-long neurological
disabilities, characterized by problems with social
interactions and communication skills, and by the need for
sameness or repetition in behavior; and
(2) includes autistic disorder, Asperger's disorder, and
pervasive developmental disorder not otherwise specified. | Teacher Education for Autistic Children Act of 2002 - TEACH Act of 2002 - Authorizes additional appropriations for: (1) training of special education teachers with expertise in autism spectrum disorders (ASD); and (2) improving results for children with ASD, under the Individuals with Disabilities Education Act (IDEA).Amends the Internal Revenue Code to establish a refundable tax credit for education and training relating to ASD.Amends IDEA to require local educational agencies receiving IDEA assistance to report on autism early intervention activities.Directs the Secretary of Education: (1) acting through the Assistant Secretary for Special Education and Rehabilitative Services, to establish and provide administrative support for a task force on ASD; (2) with the Secretary of Labor, to study and report to Congress on the effectiveness of Federal vocational training programs in providing appropriate assistance to individuals with ASD; and (3) to make grants to each State that establishes and operates at least one State autism ombudsman office. | {"src": "billsum_train", "title": "To provide assistance to train teachers of children with autism spectrum disorders, and for other purposes."} | 3,217 | 211 | 0.609397 | 1.566736 | 0.713414 | 4.882682 | 16.022346 | 0.949721 |
SECTION 1. ESTABLISHMENT OF POSITION OF UNDER SECRETARY OF DEFENSE FOR
SPACE, INTELLIGENCE, AND INFORMATION.
(a) Authority of Secretary of Defense To Establish Position.--Upon
the direction of the President, the Secretary of Defense may, subject
to subsection (b), establish in the Office of the Secretary of Defense
the position of Under Secretary of Defense for Space, Intelligence, and
Information. If the position is so established, the Under Secretary of
Defense for Space, Intelligence, and Information shall perform duties
and exercise powers as set forth under section 137 of title 10, United
States Code, as amended by subsection (d).
(b) Deadline for Exercise of Authority.--The Secretary may not
exercise the authority in subsection (a) after December 31, 2003.
(c) Notice of Exercise of Authority.--If the authority in
subsection (a) is exercised, the Secretary shall immediately notify
Congress of the establishment of the position of Under Secretary of
Defense for Space, Intelligence, and Information, together with the
date on which the position is established.
(d) Nature of Position.--
(1) In general.--Effective as of the date provided for in
paragraph (7), chapter 4 of title 10, United States Code, is
amended--
(A) by redesignating section 137 as section 139a
and by transferring such section (as so redesignated)
within such chapter so as to appear after section 139;
and
(B) by inserting after section 136 the following
new section 137:
``Sec. 137. Under Secretary of Defense for Space, Intelligence, and
Information
``(a) There is an Under Secretary of Defense for Space,
Intelligence, and Information, appointed from civilian life by the
President, by and with the advice and consent of the Senate.
``(b) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense for Space,
Intelligence, and Information shall perform such duties and exercise
such powers relating to the space, intelligence, and information
programs and activities of the Department of Defense as the Secretary
of Defense may prescribe. The duties and powers prescribed for the
Under Secretary shall include the following:
``(1) In coordination with the Under Secretary of Defense
for Policy, the establishment of policy on space.
``(2) In coordination with the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the acquisition of
space systems.
``(3) The deployment and use of space assets.
``(4) The oversight of research, development, acquisition,
launch, and operation of space, intelligence, and information
assets.
``(5) The coordination of military intelligence activities
within the Department.
``(6) The coordination of intelligence activities of the
Department and the intelligence community in order to meet the
long-term intelligence requirements of the United States.
``(7) The coordination of space activities of the
Department with commercial and civilian space activities.
``(c) The Secretary of Defense shall designate the Under Secretary
of Defense for Space, Intelligence, and Information as the Chief
Information Officer of the Department of Defense under section
3506(a)(2)(B) of title 44.
``(d) The Under Secretary of Defense for Space, Intelligence, and
Information takes precedence in the Department of Defense after the
Under Secretary of Defense for Personnel and Readiness.''.
(2) Additional assistant secretary of defense.--Section
138(a) of that title is amended by striking ``nine Assistant
Secretaries of Defense'' and inserting ``ten Assistant
Secretaries of Defense''.
(3) Duties of assistant secretaries of defense for space,
intelligence, and information.--Section 138(b) of that title is
amended by adding at the end the following new paragraph:
``(7) Two of the Assistant Secretaries shall have as their
principal duties supervision of activities relating to space,
intelligence, and information. The Assistant Secretaries shall each
report to the Under Secretary of Defense for Space, Intelligence, and
Information in the performance of such duties.''.
(4) Conforming amendments.--Section 131(b) of that title is
amended--
(A) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively; and
(B) by inserting after paragraph (5) the following
new paragraph (6):
``(6) The Under Secretary of Defense for Space,
Intelligence, and Information.''.
(5) Pay levels.--(A) Section 5314 of title 5, United States
Code, is amended by inserting after ``Under Secretary of
Defense for Personnel and Readiness'' the following:
``Under Secretary of Defense for Space, Intelligence, and
Information.''.
(B) Section 5315 of title 5, United States Code, is amended
in the item relating to Assistant Secretaries of Defense by
striking ``(9)'' and inserting ``(10)''.
(6) Clerical amendments.--The table of sections at the
beginning of chapter 4 of title 10, United States Code, is
amended--
(A) by striking the item relating to section 137
and inserting the following new item:
``137. Under Secretary of Defense for Space, Intelligence, and
Information.''; and
(B) by inserting after the item relating to section
139 the following new item:
``139a. Director of Defense Research and Engineering.''.
(7) Effective date.--The amendments made by this subsection
shall take effect as of the date specified in the notification
provided by the Secretary of Defense to Congress under
subsection (c) of the exercise of the authority in subsection
(a).
(e) Report.--(1) Not later than 30 days before an exercise of the
authority provided in subsection (a), the President shall submit to
Congress a report on the proposed organization of the office of the
Under Secretary of Defense for Space, Intelligence, and Information.
(2) If the Secretary of Defense has not exercised the authority
granted in subsection (a) on the date that is one year after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives on that date a report describing the actions taken by
the Secretary to address the problems in the management and
organization of the Department of Defense for space activities that are
identified by the Commission To Assess United States National Security
Space Management and Organization in the report of the Commission
submitted under section 1623 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 815).
SEC. 2. RESPONSIBILITY FOR SPACE PROGRAMS.
(a) In General.--Part IV of subtitle A of title 10, United States
Code, is amended by inserting after chapter 134 the following new
chapter:
``CHAPTER 135--SPACE PROGRAMS
``Sec.
``2271. Responsibility for space programs.
``Sec. 2271. Responsibility for space programs
``(a) Responsibility of Secretary of Air Force as Executive
Agent.--The Secretary of the Air Force shall be the executive agent of
the Department of Defense for functions of the Department designated by
the Secretary of Defense with respect to the following:
``(1) Planning for the acquisition programs, projects, and
activities of the Department that relate to space.
``(2) Efficient execution of the programs, projects, and
activities.
``(b) Responsibility of Under Secretary of Air Force as Acquisition
Executive.--The Under Secretary of the Air Force shall be the
acquisition executive of the Department of the Air Force for the
programs, projects, and activities referred to in subsection (a).
``(c) Responsibility of Under Secretary of Air Force as Director of
NRO.--The Under Secretary of the Air Force shall act as the Director of
the National Reconnaissance Office.
``(d) Coordination of Duties of Under Secretary of Air Force.--In
carrying out duties under subsections (b) and (c), the Under Secretary
of the Air Force shall coordinate the space programs, projects, and
activities of the Department of Defense and the programs, projects, and
activities of the National Reconnaissance Office.
``(e) Space Career Field.--(1) The Under Secretary of the Air Force
shall establish and implement policies and procedures to develop a
cadre of technically competent officers with the capability to develop
space doctrine, concepts of space operations, and space systems for the
Department of the Air Force.
``(2) The Secretary of the Air Force shall assign to the commander
of Air Force Space Command primary responsibility for--
``(A) establishing and implementing education and training
programs for space programs, projects, and activities of the
Department of the Air Force; and
``(B) management of the space career field under paragraph
(1).
``(f) Joint Program Management.--The Under Secretary of the Air
Force shall take appropriate actions to ensure that, to maximum extent
practicable, Army, Navy, Marine Corps, and Air Force personnel are
assigned, on a joint duty assignment basis, as follows:
``(1) To carry out the space development and acquisition
programs of the Department of Defense; and
``(2) To the Office of the National Security Space
Architect.''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
such subtitle and at the beginning of part IV of such subtitle are
amended by inserting after the item relating to chapter 134 the
following new item:
``135. Space Programs....................................... 2271''.
SEC. 3. MAJOR FORCE PROGRAM CATEGORY FOR SPACE PROGRAMS.
(a) Requirement.--The Secretary of Defense shall create a major
force program category for space programs for purposes of the future-
years defense program under section 221 of title 10, United States
Code.
(b) Commencement.--The category created under subsection (a) shall
be included in each future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in fiscal years
after fiscal year 2002.
SEC. 4. ASSESSMENT OF IMPLEMENTATION OF RECOMMENDATIONS OF COMMISSION
TO ASSESS UNITED STATES NATIONAL SECURITY SPACE
MANAGEMENT AND ORGANIZATION.
(a) Comptroller General Assessment.--The Comptroller General shall
carry out an assessment of the progress made by the Department of
Defense in implementing the recommendations of the Commission To Assess
United States National Security Space Management and Organization as
contained in the report of the Commission submitted under section 1623
of the National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 815).
(b) Reports.--Not later than February 15 of each of 2002 and 2003,
the Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
assessment carried out under subsection (a). Each report shall set
forth the results of the assessment as of the date of such report.
SEC. 5. GRADE OF COMMANDER OF AIR FORCE SPACE COMMAND.
(a) In General.--Chapter 845 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8584. Commander of Air Force Space Command
``(a) Grade.--The officer serving as commander of the Air Force
Space Command shall, while so serving, have the grade of general.
``(b) Limitation on Concurrent Command Assignments.--The officer
serving as commander of the Air Force Space Command may not, while so
serving, serve as commander-in-chief of the United States Space Command
(or any successor combatant command with responsibility for space) or
as commander of the United States element of the North American Air
Defense Command.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``8584. Commander of Air Force Space Command.''.
SEC. 6. SENSE OF CONGRESS REGARDING GRADE OF OFFICER ASSIGNED AS
COMMANDER OF UNITED STATES SPACE COMMAND.
It is the sense of Congress that the Secretary of Defense should
assign the best qualified officer of the Army, Marine Corps, or Air
Force with the grade of general, or of the Navy with the grade of
admiral, to the position of Commander of the United States Space
Command. | Authorizes the Secretary of Defense to establish in the Office of the Secretary the position of Under Secretary of Defense for Space, Intelligence, and Information to perform duties and exercise powers relating to Department of Defense (DOD) space, intelligence, and information programs and activities. Requires the Secretary to notify Congress after establishing such position. Requires two of the ten (currently nine) Assistant Secretaries of Defense to supervise activities relating to space, intelligence, and information.Requires the Secretary of the Air Force to be the DOD executive agent for the planning and execution of DOD space-related acquisition programs, projects, and activities. Requires the Under Secretary of the Air Force to act as the Director of the National Reconnaissance Office.Directs the Under Secretary to establish and implement policies and procedures for developing an Air Force career field in space doctrine, operations, and systems.Requires the Secretary to create a major force program category for space programs for purposes of the future-years defense program.Directs the Comptroller General to carry out an assessment of the implementation of recommendations of the Space Commission applicable to DOD.Requires the officer serving as commander of the Air Force Space Command to have the grade of general. Prohibits such commander from serving simultaneously as commander of the U.S. Space Command. Expresses the sense of Congress that the Secretary should assign the best qualified officer with the grade of general or admiral to serve as commander of the U.S. Space Command. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to improve the organization and management of the Department of Defense with respect to space programs and activities, and for other purposes."} | 2,726 | 328 | 0.597724 | 1.704347 | 0.77645 | 4.188192 | 9.435424 | 0.918819 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Popcorn Workers Lung Disease
Prevention Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An emergency exists concerning worker exposure to
diacetyl, a substance used in many flavorings, including
artificial butter flavorings.
(2) There is compelling evidence that diacetyl presents a
grave danger and significant risk of life-threatening illness
to exposed employees. Workers exposed to diacetyl have
developed, among other conditions, a debilitating lung disease
known as bronchiolitis obliterans.
(3) From 2000-2002 NIOSH identified cases of bronchiolitis
obliterans in workers employed in microwave popcorn plants, and
linked these illnesses to exposure to diacetyl used in butter
flavoring. In December 2003, NIOSH issued an alert ``Preventing
Lung Disease in Workers Who Use or Make Flavorings,''
recommending that employers implement measures to minimize
worker exposure to diacetyl.
(4) In August 2004 the Flavor and Extract Manufacturers
Association of the United States issued a report, ``Respiratory
Health and Safety in the Flavor Manufacturing Workplace,''
warning about potential serious respiratory illness in workers
exposed to flavorings and recommending comprehensive control
measures for diacetyl and other ``high priority'' substances
used in flavoring manufacturing.
(5) From 2004-2007 additional cases of bronchiolitis
obliterans were identified among workers in the flavoring
manufacturing industry by the California Department of Health
Services and Division of Occupational Safety and Health (Cal/
OSHA), which through enforcement actions and an intervention
program called for the flavoring manufacturing industry in
California to reduce exposure to diacetyl.
(6) In a report issued in April 2007, NIOSH reported that
flavor manufacturers and flavored-food producers are widely
distributed in the United States and that bronchiolitis
obliterans had been identified among microwave popcorn and
flavoring-manufacturing workers in a number of States.
(7) Despite NIOSH's findings of the hazards of diacetyl and
recommendations that exposures be controlled, and a formal
petition by labor organizations and leading scientists for
issuance of an emergency temporary standard, the Occupational
Safety and Health Administration (OSHA) has not acted to
promulgate an occupational safety and health standard to
protect workers from harmful exposure to diacetyl.
(8) An OSHA standard is urgently needed to protect workers
exposed to diacetyl from bronchiolitis obliterans and other
debilitating conditions.
SEC. 3. ISSUANCE OF STANDARD ON DIACETYL.
(a) Interim Standard.--
(1) Rulemaking.--Notwithstanding any other provision of
law, not later than 90 days after the date of enactment of this
Act, the Secretary of Labor shall promulgate an interim final
standard regulating worker exposure to diacetyl. The interim
final standard shall apply--
(A) to all locations in the flavoring manufacturing
industry that manufacture, use, handle, or process
diacetyl; and
(B) to all microwave popcorn production and
packaging establishments that use diacetyl-containing
flavors in the manufacture of microwave popcorn.
(2) Requirements.--The interim final standard required
under subsection (a) shall provide no less protection than the
recommendations contained in the NIOSH Alert ``Preventing Lung
Disease in Workers Who Use or Make Flavorings'' (NIOSH
Publication 2004-110) and include the following:
(A) Requirements for engineering, work practice
controls, and respiratory protection to minimize
exposure to diacetyl. Such engineering and work
practice controls include closed processes, isolation,
local exhaust ventilation, proper pouring techniques,
and safe cleaning procedures.
(B) Requirements for a written exposure control
plan that will indicate specific measures the employer
will take to minimize employee exposure; and
requirements for evaluation of the exposure control
plan to determine the effectiveness of control measures
at least on a biannual basis and whenever medical
surveillance indicates abnormal pulmonary function in
employees exposed to diacetyl, or whenever necessary to
reflect new or modified processes.
(C) Requirements for airborne exposure assessments
to determine levels of exposure and ensure adequacy of
controls.
(D) Requirements for medical surveillance for
workers and referral for prompt medical evaluation.
(E) Requirements for protective equipment and
clothing for workers exposed to diacetyl.
(F) Requirements to provide written safety and
health information and training to employees, including
hazard communication information, labeling, and
training.
(3) Effective date of interim standard.--The interim final
standard shall take effect upon issuance. The interim final
standard shall have the legal effect of an occupational safety
and health standard, and shall apply until a final standard
becomes effective under section 6 of the Occupational Safety
and Health Act (29 U.S.C. 655).
(b) Final Standard.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Labor shall, pursuant to
section 6 of the Occupational Safety and Health Act (29 U.S.C. 655),
promulgate a final standard regulating worker exposure to diacetyl, if
at such time, diacetyl is still being processed or utilized in
facilities subject to such Act. The final standard shall contain, at a
minimum, the worker protection provisions in the interim final
standard, a short term exposure limit, and a permissible exposure limit
that does not exceed the lowest feasible level, and shall apply at a
minimum to all facilities where diacetyl is processed or used.
SEC. 4. STUDY AND RECOMMENDED EXPOSURE LIMITS ON OTHER FLAVORINGS.
(a) Study.--The National Institute for Occupational Safety and
Health shall conduct a study on food flavorings that may be used as
substitutes for diacetyl and shall transmit a report of the findings of
the study to the Occupational Safety and Health Administration.
(b) Construction.--Nothing in this section shall be construed as
affecting the timing of the rulemaking outlined in section 2.
Passed the House of Representatives September 26, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Popcorn Workers Lung Disease Prevention Act - Directs the Secretary of Labor to promulgate: (1) within 90 days, an interim final standard regulating worker exposure to diacetyl that applies to all locations in the flavoring manufacturing industry that manufacture, use, handle, or process diacetyl and all microwave popcorn production and packaging establishments that use diacetyl-containing flavors; and (2) within two years, if diacetyl is still being processed or utilized in facilities, a final standard that contains a short term exposure limit and a permissible exposure limit not exceeding the lowest feasible level and that applies to all facilities where diacetyl is processed or used. Gives the interim standard the legal effect of an occupational safety and health standard until the final standard becomes effective.
Requires such standards to provide no less protection than the recommendations contained in the National Institute for Occupational Safety and Health (NIOSH) Alert "Preventing Lung Disease in Workers Who Use or Make Flavorings" and to include specified requirements for: (1) engineering, work practice controls, and respiratory protection to minimize exposure to diacetyl; (2) a written exposure control plan that will indicate specific measures the employer will take to minimize employee exposure; (3) airborne exposure assessments; (4) medical surveillance for workers and referral for prompt medical evaluations; (5) protective equipment and clothing for workers; and (6) the provision of written safety and health information and training to employees.
Requires NIOSH to study and report to the Occupational Safety and Health Administration (OSHA) on food flavorings that may be used as substitutes for diacetyl. | {"src": "billsum_train", "title": "To direct the Occupational Safety and Health Administration to issue a standard regulating worker exposure to diacetyl."} | 1,408 | 357 | 0.673545 | 2.277637 | 0.680839 | 4.523179 | 3.927152 | 0.94702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Land Exchange Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) certain parcels of private land located in northeast Oregon
are intermingled with land owned by the United States and
administered--
(A) by the Secretary of the Interior as part of the Central
Oregon Resource Area in the Prineville Bureau of Land
Management District and the Baker Resource Area in the Vale
Bureau of Land Management District; and
(B) by the Secretary of Agriculture as part of the Malheur
National Forest, the Wallowa-Whitman National Forest, and the
Umatilla National Forest;
(2) the surface estate of the private land described in
paragraph (1) is intermingled with parcels of land that are owned
by the United States or contain valuable fisheries and wildlife
habitat desired by the United States;
(3) the consolidation of land ownerships will facilitate sound
and efficient management for both public and private lands;
(4) the improvement of management efficiency through the land
tenure adjustment program of the Department of the Interior, which
disposes of small isolated tracts having low public resource values
within larger blocks of contiguous parcels of land, would serve
important public objectives, including--
(A) the enhancement of public access, aesthetics, and
recreation opportunities within or adjacent to designated wild
and scenic river corridors;
(B) the protection and enhancement of habitat for
threatened, endangered, and sensitive species within unified
landscapes under Federal management; and
(C) the consolidation of holdings of the Bureau of Land
Management and the Forest Service--
(i) to facilitate more efficient administration,
including a reduction in administrative costs to the United
States; and
(ii) to reduce right-of-way, special use, and other
permit processing and issuance for roads and other
facilities on Federal land;
(5) time is of the essence in completing a land exchange
because further delays may force the identified landowners to
construct roads in, log, develop, or sell the private land and
thereby diminish the public values for which the private land is to
be acquired; and
(6) it is in the public interest to complete the land exchanges
at the earliest practicable date so that the land acquired by the
United States can be preserved for--
(A) protection of threatened and endangered species
habitat; and
(B) permanent public use and enjoyment.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``Clearwater'' means Clearwater Land Exchange--
Oregon, an Oregon partnership that signed the document entitled
``Assembled Land Exchange Agreement between the Bureau of Land
Management and Clearwater Land Exchange--Oregon for the Northeast
Oregon Assembled Lands Exchange, OR 51858'', dated October 30,
1996, and the document entitled ``Agreement to initiate'' with the
Forest Service, dated June 30, 1995, or its successors or assigns;
(2) the term ``identified landowners'' means private landowners
identified by Clearwater and willing to exchange private land for
Federal land in accordance with this Act;
(3) the term ``map'' means the map entitled ``Northeast Oregon
Assembled Land Exchange/Triangle Land Exchange'', dated November 5,
1999; and
(4) the term ``Secretary'' means the Secretary of the Interior
or the Secretary of Agriculture, as appropriate.
SEC. 4. BLM--NORTHEAST OREGON ASSEMBLED LAND EXCHANGE.
(a) In General.--Upon the request of Clearwater, on behalf of the
appropriate identified landowners, the Secretary of the Interior shall
exchange the Federal lands described in subsection (b) for the private
lands described in subsection (c), as provided in section 6.
(b) BLM Lands To Be Conveyed.--The parcels of Federal lands to be
conveyed by the Secretary to the appropriate identified landowners are
as follows--
(1) the parcel comprising approximately 45,824 acres located in
Grant County, Oregon, within the Central Oregon Resource Area in
the Prineville District of the Bureau of Land Management, as
generally depicted on the map;
(2) the parcel comprising approximately 2,755 acres located in
Wheeler County, Oregon, within the Central Oregon Resource Area in
the Prineville District of the Bureau of Land Management, as
generally depicted on the map;
(3) the parcel comprising approximately 726 acres located in
Morrow County, Oregon, within the Baker Resource Area of the Vale
District of Land Management, as generally depicted on the map; and
(4) the parcel comprising approximately 1,015 acres located in
Umatilla County, Oregon, within the Baker Resource Area in the Vale
District of the Bureau of Land Management, as generally depicted on
the map.
(c) Private Lands To Be Acquired.--The parcel of private lands to
be conveyed by the appropriate identified landowners to the Secretary
are as follows--
(1) the parcel comprising approximately 31,646 acres located in
Grant County, Oregon, within the Central Oregon Resource Area in
the Prineville District of the Bureau of Land Management, as
generally depicted on the map;
(2) the parcel comprising approximately 1,960 acres located in
Morrow County, Oregon, within the Baker Resource Area in the Vale
District of the Bureau of Land Management, as generally depicted on
the map; and
(3) the parcel comprising approximately 10,544 acres located in
Umatilla County, Oregon, within the Baker Resource Area in the Vale
District of the Bureau of Land Management, as generally depicted on
the map.
SEC. 5. FOREST SERVICE--TRIANGLE LAND EXCHANGE.
(a) In General.--Upon the request of Clearwater, on behalf of the
appropriate identified landowners, the Secretary of Agriculture shall
exchange the Federal lands described in subsection (b) for the private
lands described in subsection (c), as provided in section 6.
(b) Forest Service Lands To Be Conveyed.--The National Forest
System lands to be conveyed by the Secretary to the appropriate
identified landowners comprise approximately 3,901 acres located in
Grant and Harney Counties, Oregon, within the Malheur National Forest,
as generally depicted on the map.
(c) Private Lands To Be Acquired.--The parcels of private lands to
be conveyed by the appropriate identified landowners to the Secretary
are as follows--
(1) the parcel comprising approximately 3,752 acres located in
Grant and Harney Counties, Oregon, within the Malheur National
Forest, as generally depicted on the map;
(2) the parcel comprising approximately 1,702 acres located in
Baker and Grant Counties, Oregon, within the Wallowa-Whitman
National Forest, as generally depicted on the map; and
(3) the parcel comprising approximately 246 acres located in
Grant and Wallowa Counties, Oregon, within or adjacent to the
Umatilla National Forest, as generally depicted on the map.
SEC. 6. LAND EXCHANGE TERMS AND CONDITIONS.
(a) In General.--Except as otherwise provided in this Act, the land
exchanges implemented by this Act shall be conducted in accordance with
section 206 of the Federal Land Policy and Management Act (43 U.S.C.
1716) and other applicable laws.
(b) Multiple Transactions.--The Secretary of the Interior and the
Secretary of Agriculture may carry out a single or multiple
transactions to complete the land exchanges authorized in this Act.
(c) Completion of Exchanges.--Any land exchange under this Act
shall be completed not later than 90 days after the Secretary and
Clearwater reach an agreement on the final appraised values of the
lands to be exchanged.
(d) Appraisals.--(1) The values of the lands to be exchanged under
this Act shall be determined by appraisals using nationally recognized
appraisal standards, including as appropriate--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions (1992); and
(B) the Uniform Standards of Professional Appraisal Practice.
(2) To ensure the equitable and uniform appraisal of the lands to
be exchanged under this Act, all appraisals shall determine the best
use of the lands in accordance with the law of the State of Oregon,
including use for the protection of wild and scenic river
characteristics as provided in the Oregon Administrative Code.
(3)(A) all appraisals of lands to be exchanged under this Act shall
be completed, reviewed and submitted to the Secretary not later than 90
days after the date Clearwater requests the exchange.
(B) Not less than 45 days before an exchange of lands under this
Act is completed, a comprehensive summary of each appraisal for the
specific lands to be exchanged shall be available for public inspection
in the appropriate Oregon offices of the Secretary, for a 15-day
period.
(4) After the Secretary approves the final appraised values of any
parcel of the lands to be conveyed under this Act, the value of such
parcel shall not be reappraised or updated before the completion of the
applicable land exchange, except for any adjustments in value that may
be required under subsection (e)(2).
(e) Equal Value Land Exchange.--(1)(A) The value of the lands to be
exchanged under this Act shall be equal, or if the values are not
equal, they shall be equalized in accordance with section 206(b) of the
Federal Land Policy and Management Act (43 U.S.C. 1716(b)) or this
subsection.
(B) The Secretary shall retain any cash equalization payments
received under subparagraph (A) to use, without further appropriation,
to purchase land from willing sellers in the State of Oregon for
addition to lands under the administration of the Bureau of Land
Management or the Forest Service, as appropriate.
(2) If the value of the private lands exceeds the value of the
Federal lands by 25 percent or more, Clearwater, after consultation
with the affected identified landowners and the Secretary, shall
withdraw a portion of the private lands necessary to equalize the
values of the lands to be exchanged.
(3) If any of the private lands to be acquired do not include the
rights to the subsurface estate, the Secretary may reserve the
subsurface estate in the Federal lands to be exchanged.
(f) Land Titles.--(1) Title to the private lands to be conveyed to
the Secretary shall be in a form acceptable to the Secretary.
(2) The Secretary shall convey all right, title, and interest of
the United States in the Federal lands to the appropriate identified
landowners, except to the extent the Secretary reserves the subsurface
estate under subsection (c)(2).
(g) Management of Lands.--(1) Lands acquired by the Secretary of
the Interior under this Act shall be administered in accordance with
sections 205(c) of the Federal Land Policy and Management Act (43
U.S.C. 1715(c)), and lands acquired by the Secretary of Agriculture
shall be administered in accordance with sections 205(d) of such Act
(43 U.S.C. 1715(d)).
(2) Lands acquired by the Secretary of the Interior pursuant to
section 4 which are within the North Fork of the John Day subwatershed
shall be administered in accordance with section 205(c) of the Federal
Land Policy and Management Act (43 U.S.C. 1715(c)), but shall be
managed primarily for the protection of native fish and wildlife
habitat, and for public recreation. The Secretary may permit other
authorized uses within the subwatershed if the Secretary determines,
through the appropriate land use planning process, that such uses are
consistent with, and do not diminish these management purposes.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of Agriculture to convey to certain identified private landowners all U.S. rights and interests in specified lands within the Malheur National Forest, Oregon, in exchange for the conveyance by such landowners of certain other parcels of lands within or adjacent to the Malheur, Wallowa-Whitman, and Umatilla National Forests in Oregon.Provides for: (1) appraisals and equalization of value received with respect to such land exchanges; and (2) administration and management of lands received by the United States. Requires lands acquired by the Secretary of the Interior within the North Fork of the John Day subwatershed to be managed primarily for the protection of native fish and wildlife habitat, and for public recreation.Authorizes appropriations. | {"src": "billsum_train", "title": "Oregon Land Exchange Act of 2000"} | 2,621 | 174 | 0.574233 | 1.660297 | 0.774118 | 3.723881 | 17.679104 | 0.91791 |
Section 1. (a) This section shall apply to mailings by Senators,
Senators-elect, and offices of the Senate made during fiscal year 1994
and each fiscal year thereafter in addition to any other law relating
to the use of the franking privilege.
(b) For the purposes of this paragraph--
(1) the term ``mass mailing''--
(A) means, with respect to a session of Congress, a
mailing of five hundred or more newsletters or other
pieces of mail with substantially identical content
(whether such mail is deposited singly or in bulk, or
at the same time or different times), but
(B) does not include a mailing--
(i) of matter in direct response to
communication from a person to whom the matter
is mailed (to the extent of two such mailings)
that--
(I) is the case of an initial
response, is mailed at any time; or
(II) in the case of a followup
response, is mailed not later than one
hundred and eighty days after the date
of receipt of the communication;
(ii) to other members of Congress or to a
Federal, State, or local government official;
(iii) of a news release to the
communications media;
(iv) of a town meeting or mobile office
notice; or
(v) of a Federal publication or other item
that is provided by the Senate to all Senators
or made available by the Senate for purchase by
all Senators from official funds specifically
for distribution.
(c) A Senator, Senator-elect, or office of the Senate may not mail
a mass mailing under the frank.
(d) As soon as practicable after the close of each quarter of a
fiscal year, the chairman of the Committee on Rules and Administration
of the Senate shall cause to be printed in the Congressional Record--
(1) the dollar amount of the allocation of official mail
costs made to each Senator, Senator-elect, and office of the
Senate for the fiscal year;
(2) the dollar amount of official mail costs that were
incurred by each Senator, Senator-elect, and Senate office
during that quarter; and
(3) the balance of the allocation for official mailing
costs that remain available to each Senator, Senator-elect, and
Senate office.
(e)(1) In connection with their fiscal 1995 budget presentations to
the Committee on Appropriations of the Senate, the Secretary of the
Senate and the Sergeant at Arms and Doorkeeper of the Senate shall
submit a report that describes--
(A) the best available and most recent information relating
to the amount of expenditures made from each Senate office
account for official mail activities during fiscal year 1994 as
of the date of the budget presentation;
(B) the best available and most recent information relating
to the amount of expenditures made from each Senate office
account for official mail activities during fiscal year 1993 as
of the date that is one year earlier than the date referred to
in subparagraph (A); and
(C) the amount of any difference between the amounts
described in subparagraphs (A) and (B) that is attributable to
the operation of subsection (c).
(2) As used in this subsection, the term ``official mail
activities'' includes the cost of producing, processing, and mailing of
official mail.
(f)(1) On and after the date of enactment of this Act and during
fiscal year 1994 and each fiscal year thereafter, no member, officer,
or employee of the Senate may use any appropriated funds or any
equipment or other resources that are paid for with appropriated funds
for the purpose of procuring, gaining access to, or using a mailing
list of any kind (including a voter registration list) that is produced
by any public or private entity except a mailing list described in
paragraph (2).
(2)(A) A mailing list is described in this paragraph if it is--
(i) a postal patron list or update as provided by the
United States Postal Service to be used for town meeting and
mobile office notices;
(ii) a list of members of the communications media;
(iii) a list of Federal, State, or local government
officials; or
(iv) a list of fewer than five hundred persons identifiable
as having an interest in a legislative topic that is different
from any legislative topic identified as a subject of interest
of persons named in any list previously procured, accessed, or
used by a person (or by another member of the office of which
the person so procuring, accessing, or using is a member) and
used for the purpose of making a mailing with official funds
during a fiscal year.
(B) For the purpose of subparagraph (A)(iv), a legislative topic
may be considered to be different from another legislative topic only
if any mailing for which it is intended to be used (and for which it is
in fact used) has a content that is not substantially identical (within
the meaning of subsection (b)(1)(A)) to the content of any other
mailing made by the office previously during the fiscal year. | Prohibits the use of franked mass mailings by Senators, Senators-elect, and Senate offices beginning in FY 1994.
Requires the chairman of the Committee on Rules and Administration to have printed in the Congressional Record: (1) the dollar amount of the allocation of official mail costs made to each Senator, Senator-elect, and Senate office for the fiscal year; (2) the quarterly costs that were incurred by them; and (3) the balance of such allocations that remain available to each individual and office.
Requires the Secretary of the Senate, the Sergeant at Arms, and the Doorkeeper of the Senate, in connection with their FY 1995 budget presentations, to submit a report to the Senate Committee on Appropriations describing: (1) the best available and most recent information relating to the amount of expenditures made from each Senate office account for official mail activities during FY 1994 and 1993; and (2) the amount of any difference between the two fiscal years for such expenditures attributed to franked mass mailings.
Prohibits a member, officer, or employee of the Senate from using any appropriated funds, equipment, or other resources paid for with appropriated funds for procuring, gaining access to, or using a mailing list of any kind (including a voter registration list) that is produced by any public or private entity except a mailing list of: (1) postal patrons; (2) members of the communications media; (3) Federal, State, or local government officials; or (4) fewer than 500 persons identified as having an interest in a legislative topic that is different from a topic in any list previously used for a mass mailing. | {"src": "billsum_train", "title": "A bill to prohibit taxpayer financed mass mailings."} | 1,085 | 353 | 0.713305 | 2.160978 | 0.877568 | 5.166154 | 3.276923 | 0.913846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superior National Forest Resort
Special Use Permit Land Exchange Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that to provide for the increased
ownership, continued protection, enhancement, and preservation of the
natural values of the lakes, waterways, and associated forested areas
within the Boundary Waters Canoe Area Wilderness, and to enable Cook
County, Lake County, and St. Louis County, Minnesota, to more
effectively manage certain commercially developed lands in the Superior
National Forest (and thus relieve the United States from the cost and
responsibility for such management), an exchange of lands between the
United States and such counties is in the public interest.
(b) Purpose.--It is the purpose of this Act to provide for the
transfer of--
(1) certain Federal lands within the Cook County portion of
the Superior National Forest (approximately 36.28 acres) to
Cook County in exchange for the transfer to Federal ownership
of lands of equal value owned by Cook County in the Boundary
Waters Canoe Area Wilderness;
(2) certain Federal lands within the Lake County portion of
the Superior National Forest (approximately 20 acres) to Lake
County in exchange for the transfer to Federal ownership of
lands of equal value owned by Lake County in the Boundary
Waters Canoe Area Wilderness; and
(3) certain Federal lands within the St. Louis County
portion of the Superior National Forest (approximately 30.81
acres) to St. Louis County in exchange for the transfer to
Federal ownership of lands of equal value owned by St. Louis
County in the Boundary Waters Canoe Area Wilderness.
SEC. 3. LAND EXCHANGE, BOUNDARY WATERS CANOE AREA WILDERNESS AND
SUPERIOR NATIONAL FOREST, MINNESOTA.
(a) Acceptance of County Lands.--The Secretary of Agriculture shall
accept on behalf of the United States, fee title to certain selected
Cook County, Lake County, and St. Louis County, Minnesota, lands and
interests, respectively for each county, within the Boundary Waters
Canoe Area Wilderness, consisting of all rights, excluding mineral
interests reserved in the State of Minnesota or by prior reservation in
private parties, such lands to be selected by the Secretary from
parcels described on the map entitled ``Boundary Waters Canoe Area
Wilderness--Additions'', dated January 1992, having a market value
equal to or greater than the National Forest System lands in each
respective county as described in subsections (b), (c), and (d), in
exchange for such National Forest System lands. Title may be conveyed
by quit claim deed but must otherwise comply with the Department of
Justice title standards as set forth in the ``Standards for the
Preparation of Title Evidence In Land Acquisitions by the United
States''.
(b) Conveyance of Forest System Lands to Cook County.--(1) Upon
acceptance by the Secretary of the Cook County lands and interests
therein referred to in subsection (a), the Secretary shall convey to
Cook County the four federally owned parcels of land within the
boundaries of the Superior National Forest in Minnesota described in
paragraph (2). The conveyance shall be subject to valid existing rights
and any deed restrictions and reservations as the Secretary may
prescribe pursuant to section 4(c), as follows:
(A) For lands which had been previously patented from the
United States, the Secretary shall convey such lands to Cook
County by quit claim deed.
(B) For lands which have never been previously patented,
the Secretary of the Interior shall convey such lands by patent
at the request of the Secretary.
(2) The federally owned lands to be conveyed to Cook County
pursuant to paragraph (1) are generally described as follows:
(A) T64N-R1W, Section 11, Parts of Lots 15 and 17; Section
12, Parts of Lot 3, 4th P.M., as
described in Special Use Permit to Bearskin Lodge--David
Tuttle, including all lands lying between the described parcel and the
shores of East Bearskin Lake. Approximately 19.1 acres.
(B) T64N-R1W, section 4, Part of Lots 10 and 11, 4th P.M.,
as described in Special Use Permit to Gateway Hungry Jack
Lodge--Hungry Jack, Inc., Gerald Parson, President, including
all lands lying between the described parcel and the shores of
Hungry Jack Lake. Approximately 6.42 acres.
(C) T64N-R1W, Section 1, Part of Lot 19, 4th P.M., as
described in Special Use Permit to Golden Eagle Lodge--Golden
Eagle Lodge, Inc., including all lands lying between the
described parcel and the shores of Flour Lake. Approximately
7.4 acres.
(D) T62N-R4W, Section 7, Part of E\1/2\ SW\1/4\, 4th P.M.,
as described in Special Use Permit to Sawbil Canoe Outfitters--
Frank & Mary Alice Hansen. Approximately 3.36 acres.
(c) Conveyance of Forest System Lands to Lake County.--(1) Upon
acceptance by the Secretary of the Lake County lands and interests
therein referred to in subsection (a), the Secretary shall convey to
Lake County the two federally owned parcels of land within the
boundaries of the Superior National Forest in Minnesota described in
paragraph (2). The conveyance shall be subject to valid existing rights
and any deed restrictions and reservations as the Secretary may
prescribe pursuant to section 4(c), as follows:
(A) For lands which had been previously patented from the
United States, the Secretary of Agriculture shall convey such
lands to Lake County by quit claim deed.
(B) For lands which have never been previously patented,
the Secretary of the Interior shall convey such lands by patent
at the request of the Secretary of Agriculture.
(2) The federally owned lands to be conveyed to Lake County
pursuant to paragraph (1) are generally described as follows:
(A) T61N-R11W, Section 30, Part of Lot 8, 4th P.M., as
described in Special Use Permit to Victor H. Gunderson, Sharon
G. Gunderson and Gregory Gunderson, partners d/b/a Roaring
Stony Resort, including all lands lying between the described
parcel and the shores of Birch Lake. Approximately 3.70 acres.
(B) T61N-R11W, Section 6, Part of Lot 10, 4th P.M., as
described in Special Use Permit to Steven L. Koschak and Mary
Jane Koschak, d/b/a River Point Resort, including all lands
lying between the described parcel and the shore of Birch Lake.
Approximately 16.3 acres.
(d) Conveyance of Forest System Lands to St. Louis County.--(1)
Upon acceptance by the Secretary of the St. Louis County lands and
interests therein referred to in subsection (a), the Secretary shall
convey to St. Louis Country the two federally owned parcels of land
within the boundaries of the Superior National Forest in Minnesota
described in paragraph (2). The conveyance shall be subject to valid
existing rights and any deed restrictions and reservations as the
Secretary may prescribe pursuant to section 4(c), as follows:
(A) For lands which had been previously patented from the
United States, the Secretary shall convey such lands to St.
Louis County by quit claim deed.
(B) For lands which have never been previously patented,
the Secretary of the Interior shall convey such lands by patent
at the request of the Secretary.
(2) The federally owned lands to be conveyed to St. Louis County
pursuant to paragraph (1) are generally described as follows:
(A) T61N-R12W, Section 31, Part of Lot 7, 4th P.M., as
described in Special Use Permit to John D. Rykken and Mayleann
T. Rykken, d/b/a Timber Bay Lodge and Houseboats, including all
lands lying between the described parcel and the shores of
Birch Lake. Approximately 10.81 acres.
(B) T65N-R13W, Section 28, Part of Lot 3, 4th P.M., as
described in Special Use Permit to Garrett G. Alberts and Karen
J. Alberts, d/b/a/ Big Lake Wilderness Lodge, including all
lands lying between the described parcel and the shores of Big
Lake. Approximately 20.00 acres.
(e) Other Elements of Exchange.--The conveyances required by
subsections (b), (c), and (d) shall include such easements as may be
necessary for ingress, egress, and utilities between the conveyed
property and the nearest State or county road. The property to be
conveyed by the Secretary under such subsections shall be surveyed,
monumented, and given legally acceptable descriptions by the Secretary
prior to conveyance. Parcel descriptions shall include land sufficient
to provide minimum 100 foot sideyard and 500 foot backyard setbacks
from any buildings or septic systems currently located on the premises.
Additional land may be added by the Secretary in the Secretary's sole
discretion to help facilitate the exchange, create more usable
boundaries, or to create a more usable
parcel for the currently permitted business operation on the parcel.
SEC. 4. TERMS AND CONDITIONS.
(a) Expenses.--The United States and Cook County, Lake County, and
St. Louis County, respectively, shall each bear the normal expenses
associated with the conveyance of their respective properties in
executing the land exchange under section 3.
(b) Valuation.--The values of the national forest and county lands
selected to be exchanged pursuant to this Act shall be determined by an
independent fee appraisal to be approximately equal. The independent
fee appraiser for land in each county shall be selected by agreement of
the respective county and the Secretary, who shall share the cost of
such respective appraisal equally.
(c) Deed Restrictions and Reservations.--The Secretary shall have
full discretion to impose restrictions and reservations, including
conservation easements, reasonably necessary in the deeds to the
counties to accomplish the following:
(1) Protect the natural resource values of the National
Forest System lands adjacent to the lands described in
subsections (b), (c), and (d) of section 3 by the imposition of
restrictions no greater than the following:
(A) New buildings constructed on the premises shall
have setbacks as follows:
(i) 100 feet from any lake or river.
(ii) 50 feet from any side or back lot line
or any road centerline.
(B) Requiring a minimum lot size equal to the
lesser of 5 acres or the size of the parcel conveyed.
(C) Improvements on the premises shall be
maintained in a good state of repair and the premises
shall be kept clean and orderly. No accumulation or
dumping of trash or unsightly materials shall be
permitted on the land. Any trash or refuse shall be
disposed of as required by State or local laws and
regulations.
(D) Owners of the land and operators of any
business thereon shall comply with all Federal, State,
and local laws and regulations applicable to the land
or any use thereof.
(E) Any new or remodeled buildings, or additions
thereto, shall be constructed and maintained on the
premises in harmony with the color, design, and type of
construction of buildings presently located on the
lands.
(F) No material shall be disposed of on the land by
burning in open fires during any closed season
established by law or regulation without a written
permit as required by law or regulation.
(G) No waste or by-product shall be discarded into
any surface water or onto any land surface in violation
of Federal, State, or local regulation.
(H) The land shall not be used for any purpose
other than single family residences, resorts, lodges,
outfitters, and normal accessory uses.
(2) Preserve any rights-of-way or easements reasonably
necessary for public and administrative access to, and
management of, adjacent National Forest System lands.
(3) Preserve any archaeological sites or valid existing
private property rights on the land.
(d) Map.--The map described in section 3 along with legal
descriptions of all lands to be conveyed, shall be on file and
available for public inspection in the office of the Chief of the
Forest Service, United States Department of Agriculture. The maps and
legal descriptions shall have the same force and effect as if included
in the Act, except that the Secretary may correct clerical and
typographical errors. | Superior National Forest Resort Special Use Permit Land Exchange Act of 1995 - Provides for the exchange of certain lands in the Superior National Forest for certain lands owned by Cook County, Lake County, and St. Louis County, Minnesota, in the Boundary Water Canoe Area Wilderness. | {"src": "billsum_train", "title": "Superior National Forest Resort Special Use Permit Land Exchange Act of 1995"} | 2,805 | 64 | 0.676204 | 1.788765 | 0.997882 | 5.411765 | 49.215686 | 0.980392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Evidence Request Efficiency
Act of 2009''.
SEC. 2. IMPROVEMENTS TO TITLE 18.
Title 18 of the United States Code is amended--
(1) in section 2703--
(A) in subsection (a), by striking ``by a court
with jurisdiction over the offense under investigation
or an equivalent State warrant'' and inserting ``(or,
in the case of a State court, issued using State
warrant procedures) by a court of competent
jurisdiction'';
(B) in subsection (b)(1)(A), by striking ``by a
court with jurisdiction over the offense under
investigation or an equivalent State warrant'' and
inserting ``(or, in the case of a State court, issued
using State warrant procedures) by a court of competent
jurisdiction''; and
(C) in subsection (c)(1)(A), by striking ``by a
court with jurisdiction over the offense under
investigation or an equivalent State warrant'' and
inserting ``(or, in the case of a State court, issued
using State warrant procedures) by a court of competent
jurisdiction'';
(2) in section 2711(3), by striking ``has the meaning
assigned by section 3127, and includes any Federal court within
that definition, without geographic limitation; and'' and
inserting the following: ``includes--
``(A) any district court of the United States
(including a magistrate judge of such a court) or any
United States court of appeals that--
``(i) has jurisdiction over the offense
being investigated;
``(ii) is in or for a district in which the
provider of a wire or electronic communication
service is located or in which the wire or
electronic communications, records, or other
information are stored; or
``(iii) is acting on a request for foreign
assistance pursuant to section 3512 of this
title; or
``(B) a court of general criminal jurisdiction of a
State authorized by the law of that State to issue
search warrants; and'';
(3) in section 3127(2)(A), by striking ``having
jurisdiction over the offense being investigated;'' and
inserting the following: ``that--
``(i) has jurisdiction over the offense
being investigated;
``(ii) is in or for a district in which the
provider of a wire or electronic communication
service is located;
``(iii) is in or for a district in which a
landlord, custodian, or other person subject to
subsections (a) or (b) of section 3124 of this
title is located; or
``(iv) is acting on a request for foreign
assistance pursuant to section 3512 of this
title;'';
(4) in chapter 223, by adding at the end the following:
``Sec. 3512. Foreign requests for assistance in criminal investigations
and prosecutions
``(a) Execution of Request for Assistance.--
``(1) In general.--Upon application, duly authorized by an
appropriate official of the Department of Justice, of an
attorney for the Government, a Federal judge may issue such
orders as may be necessary to execute a request from a foreign
authority for assistance in the investigation or prosecution of
criminal offenses, or in proceedings related to the prosecution
of criminal offenses, including proceedings regarding
forfeiture, sentencing, and restitution.
``(2) Scope of orders.--Any order issued by a Federal judge
pursuant to paragraph (1) may include the issuance of--
``(A) a search warrant, as provided under rule 41
of the Federal Rules of Criminal Procedure;
``(B) a warrant or order for contents of stored
wire or electronic communications or for records
related thereto, as provided under section 2703 of this
title;
``(C) an order for a pen register or trap and trace
device as provided under section 3123 of this title; or
``(D) an order requiring the appearance of a person
for the purpose of providing testimony or a statement,
or requiring the production of documents or other
things, or both.
``(b) Appointment of Persons To Take Testimony or Statements.--
``(1) In general.--In response to an application for
execution of a request from a foreign authority as described
under subsection (a), a Federal judge may also issue an order
appointing a person to direct the taking of testimony or
statements or of the production of documents or other things,
or both.
``(2) Authority of appointed person.--Any person appointed
under an order issued pursuant to paragraph (1) may--
``(A) issue orders requiring the appearance of a
person, or the production of documents or other things,
or both;
``(B) administer any necessary oath; and
``(C) take testimony or statements and receive
documents or other things.
``(c) Filing of Requests.--Except as provided under subsection (d),
an application for execution of a request from a foreign authority
under this section may be filed--
``(1) in the district in which a person who may be required
to appear resides or is located or in which the documents or
things to be produced are located;
``(2) in cases in which the request seeks the appearance of
persons or production of documents or things that may be
located in multiple districts, in any one of the districts in
which such a person, documents, or things may be located; or
``(3) in any case, the district in which a related Federal
criminal investigation or prosecution is being conducted, or in
the District of Columbia.
``(d) Search Warrant Limitation.--An application for execution of a
request for a search warrant from a foreign authority under this
section, other than an application for a warrant issued as provided
under section 2703 of this title, shall be filed in the district in
which the place or person to be searched is located.
``(e) Search Warrant Standard.--A Federal judge may issue a search
warrant under this section only if the foreign offense for which the
evidence is sought involves conduct that, if committed in the United
States, would be considered an offense punishable by imprisonment for
more than one year under Federal or State law.
``(f) Service of Order or Warrant.--Except as provided under
subsection (d), an order or warrant issued pursuant to this section may
be served or executed in any place in the United States.
``(g) Rule of Construction.--Nothing in this section shall be
construed to preclude any foreign authority or an interested person
from obtaining assistance in a criminal investigation or prosecution
pursuant to section 1782 of title 28, United States Code.
``(h) Definitions.--As used in this section, the following
definitions shall apply:
``(1) Federal judge.--The terms `Federal judge' and
`attorney for the Government' have the meaning given such terms
for the purposes of the Federal Rules of Criminal Procedure.
``(2) Foreign authority.--The term `foreign authority'
means a foreign judicial authority, a foreign authority
responsible for the investigation or prosecution of criminal
offenses or for proceedings related to the prosecution of
criminal offenses, or an authority designated as a competent
authority or central authority for the purpose of making
requests for assistance pursuant to an agreement or treaty with
the United States regarding assistance in criminal matters.'';
and
(5) in the table of sections for chapter 223, by adding at
the end the following:
``3512. Foreign requests for assistance in criminal investigations and
prosecutions.''. | Foreign Evidence Request Efficiency Act of 2009 - Amends the federal criminal code to: (1) allow any court of competent jurisdiction, as defined by this Act, to require the disclosure of stored wire or electronic communications for criminal investigations (currently, only a court with jurisdiction over the offense under investigation may issue an order for disclosure); and (2) authorize a federal judge to issue orders to execute requests from foreign judicial or law enforcement authorities for assistance in the investigation or prosecution of criminal offenses. | {"src": "billsum_train", "title": "To improve title 18 of the United States Code."} | 1,693 | 101 | 0.545979 | 1.385428 | 1.097356 | 2.773196 | 16.618557 | 0.896907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mni Wiconi Project Act Amendments of
2013''.
SEC. 2. OTHER AGENCY ASSISTANCE.
The Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat.
2566; 108 Stat. 4543) is amended by inserting after section 3B the
following:
``SEC. 3C. PLANS FOR COMPLETING THE OGLALA SIOUX RURAL WATER SUPPLY
SYSTEM, ROSEBUD SIOUX RURAL WATER SYSTEM, AND LOWER BRULE
SIOUX RURAL WATER SYSTEM.
``(a) Plans for Completion.--
``(1) In general.--In consultation with the Oglala Sioux
Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux
Tribe, as applicable, and the Federal agency heads listed in
subsection (b)(1), the Secretary shall develop plans to
complete the Oglala Sioux Rural Water Supply System, the
Rosebud Sioux Rural Water System, and the Lower Brule Sioux
Rural Water System.
``(2) Contents.--The plan for each water supply system
described in paragraph (1) shall require--
``(A) the completion of remaining components of the
applicable system in accordance with the Final
Engineering Report dated May 1993;
``(B) the improvement, repair, and replacement of
existing water systems; and
``(C) the transfer of those existing water systems
to the United States, to be held in trust for the
Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the
Lower Brule Sioux Tribe, as applicable, and made part
of the applicable rural water system.
``(3) Submission to congress.--Not later than 2 years after
the date of enactment of this section, the Secretary shall
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives--
``(A) a copy of each plan developed under this
subsection, including a schedule for full
implementation of the plan that shall not exceed a
period of 15 years after the date of enactment of this
section;
``(B) a report that includes--
``(i) a description of the roles and
responsibilities of each of the heads of the
Federal agencies listed in subsection (b)(1)
(including the Commissioner of the Bureau of
Reclamation) relating to the completion of the
water supply systems, including with respect to
the improvement, repair, and replacement of the
existing water systems before and after
transfer;
``(ii) the program authorities of each
Federal agency listed in subsection (b)(1) and
a description of how the heads of the Federal
agencies will work together to complete and
implement the plans; and
``(iii) the amount of funding and any other
need the Secretary determines to be necessary
to complete and implement the plans; and
``(C) as applicable, a description of the roles and
responsibilities of the heads of other Federal agencies
that have existing authorities to provide assistance to
the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the
Lower Brule Sioux Tribe.
``(b) Interagency Agreements.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall enter into agreements with the
Administrator of the Environmental Protection Agency, the
Secretary of Agriculture, the Secretary of Health and Human
Services, and the Secretary of Housing and Urban Development--
``(A) to fulfill the trust responsibility of the
United States; and
``(B) to complete the Oglala Sioux Rural Water
Supply System, the Rosebud Sioux Rural Water System,
and the Lower Brule Sioux Rural Water System in
accordance with the Final Engineering Report dated May
1993, including the transfer of existing water systems,
as set forth in the plans for completion developed
under subsection (a).
``(2) Cooperation.--
``(A) In general.--The heads of the Federal
agencies described in paragraph (1) shall assist the
Secretary in completing the Oglala Sioux Rural Water
Supply System, the Rosebud Sioux Rural Water System,
and the Lower Brule Sioux Rural Water System pursuant
to sections 3(a), 3A(a), and 3B(a), respectively,
including by--
``(i) improving, repairing, and replacing
existing water systems as set forth in the
plans developed under subsection (a); and
``(ii) constructing new rural water
facilities, service lines, and other necessary
features.
``(B) Administrator of the environmental protection
agency.--The Administrator of the Environmental
Protection Agency shall assist the Secretary in meeting
the environmental and safe drinking water needs of the
Pine Ridge Indian Reservation, the Rosebud Indian
Reservation, and the Lower Brule Indian Reservation,
including through compliance with the Safe Drinking
Water Act (42 U.S.C. 300f et seq.).
``(C) Secretary of health and human services.--The
Secretary of Health and Human Services shall assist the
Secretary in meeting the water supply and public health
needs of the Pine Ridge Indian Reservation, the Rosebud
Indian Reservation, and the Lower Brule Indian
Reservation, including through compliance with the Act
of August 5, 1954 (commonly known as the `Indian
Sanitation Facilities Act') (42 U.S.C. 2001 et seq.).
``(D) Secretary of housing and urban development.--
The Secretary of Housing and Urban Development shall
assist the Secretary by carrying out projects to
connect houses that are eligible for funding from the
Department of Housing and Urban Development on the
reservations of the Oglala Sioux Tribe, the Rosebud
Sioux Tribe, and the Lower Brule Sioux Tribe, through
plumbing, water pipes, appurtenances, and
interconnections to the Oglala Sioux Rural Water Supply
System, the Rosebud Sioux Rural Water System, and the
Lower Brule Sioux Rural Water System, respectively, to
meet the water conservation standards of those water
supply systems.
``(3) Livestock distribution systems.--
``(A) In general.--The Secretary and the Secretary
of Agriculture shall, through the use of authorities of
the Bureau of Indian Affairs and the Department of
Agriculture, respectively, complete, during a period
not to exceed 15 years after the date of enactment of
this section, the livestock distribution system for the
Oglala Sioux Rural Water Supply System and the Rosebud
Sioux Rural Water System, consistent with the Final
Engineering Report dated May 1993.
``(B) Administration.--For each water supply system
described in subparagraph (A), the Secretary shall
enter into agreements with the Secretary of Agriculture
and the Director of the Bureau of Indian Affairs that
set forth the specific responsibilities of each agency
concerning the construction of the livestock
distribution systems.
``(4) Lead agency.--The Department of the Interior, acting
through the Bureau of Reclamation, shall act as the lead agency
in carrying out this section.
``(5) Administration.--
``(A) In general.--Each agency head shall carry out
the duties of the agency head under this subsection out
of amounts made available to the agency head under
annual appropriations and existing authorities.
``(B) Authorization of use of other federal agency
funds.--Amounts made available to agencies other than
the Bureau of Reclamation may also be used to carry out
this Act.
``(C) Additional funding requests.--Nothing in this
subsection prohibits the Oglala Sioux Tribe, the
Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe
from applying for, seeking, or obtaining amounts from
the Federal agencies referred to in paragraph (1) for
any other purpose.
``(c) Upgrading Standards for Connecting Homes.--The Director of
the Bureau of Indian Affairs shall, through the use of existing
programs and annual appropriations, assist the Secretary in completing
the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural
Water System, and the Lower Brule Sioux Rural Water System by
constructing, repairing, and upgrading plumbing fixtures, skirting, and
other necessary features, such as septic tanks and drainfields, to
ensure that houses within the service areas are able to meet the
standards for connecting to those water systems.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Planning, Design, and Construction.--Section 10(a) of the Mni
Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108
Stat. 4545; 116 Stat. 3033; 121 Stat. 1954) is amended--
(1) in the first sentence, by striking ``and $58,800,000
(based on October 1, 1997 price levels)'' and inserting ``,
$58,800,000 (based on October 1, 1997 price levels), and
$14,308,000 (based on October 1, 2011 price levels)'';
(2) in the second sentence, by striking ``2013'' and
inserting ``2016''; and
(3) in the third sentence, by striking ``and October 1,
1997 (with respect to the $58,800,000)'' and inserting ``,
October 1, 1997 (with respect to the $58,800,000), and October
1, 2011 (with respect to the $14,308,000)''.
(b) Operation and Maintenance of Oglala Sioux Rural Water Supply
System, Rosebud Sioux Rural Water Supply System, and Lower Brule Sioux
Water Supply System.--Section 10(b) of the Mni Wiconi Project Act of
1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545) is amended--
(1) in the first sentence, by striking ``There are'' and
inserting the following:
``(1) Operation and maintenance.--
``(A) In general.--There are'';
(2) in the second sentence, by striking ``The operation''
and inserting the following:
``(B) West river and lyman-jones rural water
systems.--
``(i) In general.--The operation'';
(3) in the third sentence, by striking ``Such fee'' and
inserting the following:
``(ii) Fee basis.--The fee described in
clause (i)'';
(4) in the fourth sentence, by striking ``Such operation
and maintenance payments'' and inserting the following:
``(iii) Adjustment of payments.--The
operation and maintenance payments under this
subparagraph''; and
(5) by adding after paragraph (1) (as so designated) the
following:
``(2) Community water systems upgrades.--
``(A) In general.--After the date on which public
or tribal water systems on the Pine Ridge Indian
Reservation, the Rosebud Indian Reservation, and the
Lower Brule Indian Reservation that are in existence on
the date of enactment of this paragraph have been
brought up to the standards for the water systems
established in the plans developed under section 3C(a),
but not later than 15 years after the date of enactment
of this paragraph, title to each of the water systems
shall be transferred to the United States, to be held
in trust for the benefit of the applicable Indian
tribe, on the request of the Oglala Sioux Tribe, the
Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as
applicable, and the owner of the water system.
``(B) Improvements and repairs and replacement.--
The Secretary shall use amounts authorized to be
appropriated under paragraph (1) for the improvement,
repair, and replacement of any water system that is
transferred or proposed, by request of the owner of the
water system, to be transferred and improved under
subparagraph (A).''.
SEC. 4. OFFSET.
Notwithstanding any other provision of law, in the case of the
project authorized by section 1617 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the
maximum amount of the Federal share of the cost of the project under
section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise
available as of the date of enactment of this Act shall be reduced by
$15,000,000.
Passed the Senate December 16, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 684
_______________________________________________________________________
AN ACT
To amend the Mni Wiconi Project Act of 1988 to facilitate completion of
the Mni Wiconi Rural Water Supply System, and for other purposes. | Mni Wiconi Project Act Amendments of 2013 - (Sec. 2) Amends the Mni Wiconi Project Act of 1988 to direct the Secretary of the Interior (Secretary) to develop plans for completing, and to enter into agreements with specified agency heads to complete, the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System. Requires such plans to require: (1) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; (2) the improvement, repair, and replacement of existing water systems; and (3) the transfer of those existing water systems to the United States, to be held in trust for the applicable tribe and made part of the applicable rural water system. Requires the Secretary to enter into agreements with the Administrator of the Environmental Protection Agency (EPA), the Secretary of Agriculture (USDA), the Secretary of Health and Human Services (HHS), and the Secretary of Housing and Urban Development (HUD) to fulfill the trust responsibility of the United States and to complete such water systems in accordance with such Report, including the transfer of existing water systems, as set forth in such plans. Requires: (1) the Administrator to assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge, Rosebud, and Lower Brule Indian Reservations; (2) the HHS Secretary to assist the Secretary in meeting the water supply and public health needs of such Reservations; (3) the HUD Secretary to assist the Secretary by carrying out projects to connect houses that are eligible for funding from HUD on the Oglala, Rosebud, and Lower Brule Sioux Reservations through plumbing, water pipes, appurtenances, and interconnections to the applicable water systems to meet water conservation standards; (4) the Secretary and the Secretary of Agriculture to complete, within 15 years, the livestock distribution systems for the Oglala and Rosebud Sioux water systems; and (5) the Director of the Bureau of Indian Affairs (BIA) to assist the Secretary in completing the Oglala, Rosebud, and Lower Brule Sioux water systems by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary features to ensure that houses within the service areas are able to meet the standards for connecting to those systems. (Sec. 3) Authorizes appropriations under such Act for planning, design, and construction and for operation and maintenance of such water systems. Requires that, within 15 years of the date on which existing public or tribal water systems on the Pine Ridge, Rosebud, and Lower Brule Indian Reservations have been brought up to the standards for the water systems established in such plans, title to each of the water systems be transferred to the United States, to be held in trust for the benefit of the applicable tribe, upon request of the tribe and the owner of the water system. Directs the Secretary to use authorized appropriations for the improvement, repair, and replacement of any water system that is so transferred or that is proposed, by request of the owner of the water system, to be so transferred and improved. (Sec. 4) Reduces the maximum amount of the federal share of the cost of the Central Valley Water Recycling Project otherwise available as of the date of enactment of this Act by $15 million. | {"src": "billsum_train", "title": "Mni Wiconi Project Act Amendments of 2013"} | 2,857 | 731 | 0.739507 | 2.483903 | 0.640339 | 5.302795 | 4.012422 | 0.96118 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Office of Counterterrorism of the Department of
State has stated, ``FTO (Foreign Terrorist Organizations)
designations play a critical role in our fight against
terrorism and are an effective means of curtailing support for
terrorist activities and pressuring groups to get out of the
terrorism business.''.
(2) Assistant Secretary Brownfield acknowledged in sworn
testimony on October 4, 2011, that ``[M]any of the facts on the
ground, the things that are being done by those organizations
(drug cartels), are consistent with what we would call either
terrorism or insurgency in other countries.''.
(3) On October 27, 2011, Secretary Clinton during a
Congressional Hearing stated: ``. . . we are sensitive to the
characteristics that some of these drug traffickers have
adopted that certainly resemble terrorist activities . . . I
have said it has characteristics of an insurgency . . .''.
(4) When Americans at home and abroad, including agents
assigned to protect United States borders and national
security, are targeted, threatened, and attacked by such
foreign entities, it threatens the safety and security of the
United States and its people.
(5) Mexican drug cartels maintain drug-distribution
networks, or supply drugs to distributors, in at least 230
American cities, leading the Justice Department to call Mexican
drug cartels the ``greatest organized crime threat'' to the
United States.
(6) On March 13, 2010, Lesley A. Enriquez, an employee of
the United States consulate in Mexico, and her husband, Arthur
H. Redelfs, a detention officer with the El Paso County Jail,
were targeted and killed allegedly by a drug trafficking
organization (DTO).
(7) On February 15, 2011, the Zeta DTO boldly attacked and
killed United States Immigration and Customs Enforcement agent
Jamie Zapata, and wounded a second agent, Victor Avila.
(8) Since President Calderon took office in late 2006,
assaults on Border Patrol agents have increased from 729 in
fiscal year 2006 to 1,039 in fiscal year 2011.
(9) In Mexico, there have been over 8,000 homicides in
2011, increasing the number of deaths related to organized
crime and pushing the number of deaths to over 40,000 since
President Calderon came to office in late 2006.
(10) In early August 2010, President Calderon described the
violence perpetrated by the DTOs as ``a challenge to the state,
an attempt to replace the state''.
(11) In 2010 there were 13 political assassinations,
including several that took place around the July municipal and
state elections.
(12) In the 5 years of the Calderon government's crackdown
on the DTOs, more than 40 journalists in Mexico have been
murdered or disappeared according to the International
Committee to Protect Journalists, including at least 7
journalists in 2011.
(13) DTOs use car bombs, displays of murdered individuals,
body mutilations, beheadings, and other indiscriminate attacks
on civilians, including the August 25, 2011, Casino Royale
arson fire in Monterrey, to intimidate the public.
(14) President Calderon's response to a DTO's burning of
the Casino Royale and murder of 52 innocent civilians was, ``We
are facing true terrorists . . .''.
(15) The Mexican drug cartels meet all of the legal
criteria for designation as foreign terrorist organizations
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189):
(A) The organizations are foreign organizations.
(B) The organizations engage in terrorist activity
(as defined in section 212(a)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B))) or
terrorism (as defined in section 140(d)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656f(d)(2))), or retain the
capability and intent to engage in terrorist activity
or terrorism.
(C) The terrorist activity or terrorism of the
organizations threatens the security of United States
nationals or the national security of the United
States.
SEC. 2. DESIGNATION.
The Secretary of State shall designate under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) as a foreign terrorist
organization the following:
(1) The Arellano Felix Organization.
(2) The Los Zetas Cartel.
(3) The Juarez Cartel.
(4) The Beltran Leyva Organization.
(5) La Familia Michoacana.
(6) The Sinaloa Cartel.
(7) The Gulf Cartel/New Federation.
SEC. 3. REPORT.
(a) In General.--The Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the activities
the Department of State is taking to assist Mexico with drug cartel
violence, including programs under the Merida Initiative, training
programs, and equipment.
(b) Definition.--In this section, the term ``Merida Initiative''
means the program announced by the United States and Mexico on October
22, 2007, to fight illicit narcotics trafficking and criminal
organizations throughout the Western Hemisphere. | Directs the Secretary of State to designate as a foreign terrorist organization each of the following: (1) the Arellano Felix Organization, (2) the Los Zetas Cartel, (3) the Juarez Cartel, (4) the Beltran Leyva Organization, (5) la Familia Michoacana, (6) the Sinaloa Cartel, and (7) the Gulf Cartel/New Federation.
Directs the Secretary to report on Department of State activities to assist Mexico with drug cartel violence, including programs under the Merida Initiative, training programs, and equipment. | {"src": "billsum_train", "title": "To direct the Secretary of State to designate as foreign terrorist organizations certain Mexican drug cartels and submit a report on the activities the Department of State is taking to assist Mexico with drug cartel violence, and for other purposes."} | 1,181 | 126 | 0.428238 | 1.230519 | 0.347362 | 5.790476 | 10.152381 | 0.971429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Reinvestment and Recovery
Act''.
SEC. 2. ESTABLISHMENT OF GRANT PROGRAM.
(a) Establishment.--The Secretary of Defense shall establish a
program to make grants under this Act to assist local communities in
recovering from the adverse economic impact of the closure or major
realignment of a military installation under a base closure law.
(b) Determinations of Grant Eligibility.--Within 180 days after the
date on which a closure or realignment announcement is made with regard
to a military installation under a base closure law, the Secretary
shall determine the unit or units of local government of communities
adjacent to the installation that are eligible to receive a grant under
this Act. In the case of military installations already announced for
closure or realignment, the Secretary shall make the determinations
required by this subsection within 180 days after the effective date of
this Act.
(c) Provision of Assistance.--A grant under this section shall be
made by the Secretary through existing Federal programs. The Secretary
may use the grant to supplement funds made available under other
Federal programs and may provide financial assistance to eligible local
governments determined under subsection (b) to assist such governments
to pay their share of the costs under such programs.
(d) Cooperation.--The heads of all departments and agencies of the
Federal Government shall cooperate fully with the Secretary in carrying
out subsection (c). The heads of such departments and agencies shall
give priority attention to applications from eligible local governments
determined under subsection (b) for priority funding under assistance
programs within their annual agency appropriations.
SEC. 3. ECONOMIC RECOVERY PLAN.
(a) Plan Required.--To be eligible for a grant under section 2, an
eligible local government determined under subsection (b) of such
section shall submit to the Secretary a comprehensive local economic
recovery plan developed by the local government. Such plan shall
describe the steps being taken or planned to be taken by the local
community to recover from the adverse economic impact of the closure or
major realignment and shall include a detailed description of the
programs for which the grant will be used.
(b) Evaluation.--For the plan to be approved and assistance
provided under section 2(c), the Secretary must find that the proposed
use of the grant funds will--
(1) improve opportunities for the establishment or
expansion of industrial or commercial activity in the
community;
(2) create new jobs in the community; or
(3) otherwise alleviate specific economic problems in the
community which limit the effective economic recovery from the
closure or major realignment.
(c) Submission of Application.--Eligible local governments may
submit an application or applications to the Secretary through the
cooperating departments and agencies under section 2(c) at any time
after the date on which the Secretary determines under section 2(b)
that the local government is eligible for assistance.
(d) Review.--The Secretary shall review and act upon applications
submitted by an eligible local government within 90 days of the date of
submission.
SEC. 4. AMOUNT OF FUNDS.
(a) Amount of Funds Available.--The amount of funds to be made
available as grants under section 2 with respect to the closure or
major realignment of a military installation shall be equal to 10
percent of the total projected savings to be realized by the Department
of Defense in the first 10 years after the closure or major realignment
of the installation as a result of the closure or realignment. The
amount of the projected savings shall be determined by the Secretary as
soon as possible after the date of the announcement of the closure or
realignment.
(b) Funding Requests.--The Secretary shall submit to the Congress
annually such budgetary requests for funds to make grants under section
2 as may be necessary. Such requests shall be made separate from the
normal appropriation requests of the Department of Defense.
SEC. 5. ANNUAL REPORTS.
(a) Reports From Grant Recipients.--Any unit of local government
receiving a grant under section 2 for any fiscal year shall, not later
than 90 days before the end of such fiscal year, submit a report to the
Secretary concerning the progress of the local community in recovering
from the effects of the closure or major realignment and the purposes
for which grant money received under section 2 was used during such
fiscal year. The report shall include--
(1) a revision of the comprehensive local economic recovery
plan originally submitted under section 3; and
(2) a statement of all expenditures of grant money received
under section 2 during such fiscal year.
(b) Evaluation of Reports.--If the Secretary finds that a report
submitted under subsection (a) for any fiscal year discloses that the
use during such fiscal year of grant money received under section 2 by
the unit of local government submitting such report was not consistent
with the purposes of this Act, the Secretary may suspend any remaining
grant payments and terminate grant application eligibility under this
Act to such unit of local government until the Secretary receives
satisfactory assurances that the use of such grant money in the future
will be consistent with the purposes of this Act.
SEC. 6. REGULATIONS.
The Secretary shall prescribe general regulations covering the
eligibility of units of local government for grants under section 2,
the order of priority in approving applications, the terms and
conditions for approving applications, determinations of the amounts of
grants, and such other regulations as the Secretary considers to be
necessary to carry out this Act.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term ``military installation'' means any camp,
post, station, fort, base, yard, facility, or other
installation under the authority of the Department of Defense--
(A) which is located within any of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, or Guam; and
(B) at which there are authorized to be employed
not less than 500 direct-hire or contracted permanent
civilian employees of the Department of Defense or at
which the total military and civilian personnel loss
constitutes more than 2 percent of the total military
and civilian work force for the impacted area.
(2) The terms ``unit of local government'' and ``local
government'' mean--
(A) a general purpose unit of local government; or
(B) an entity established by a State, general
purpose unit of local government, or combination of
general purpose units of local government for the
purposes of achieving economic recovery in an area
adversely affected by the closure or realignment of a
military installation.
(3) The term ``base closure law'' means each of the
following:
(A) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out this Act. The funds appropriated
pursuant to this section shall be available for a period not to exceed
10 years.
SEC. 9. EFFECTIVE DATE.
(a) Effective Date.--This Act shall take effect on October 1, 1993.
(b) Applicability.--This Act shall apply with respect to those
military installations selected to be closed or realigned under the
base closure laws before, on, or after the effective date of this Act. | Community Reinvestment and Recovery Act - Directs the Secretary of Defense to establish a program to make grants to assist local communities in recovering from the adverse economic impact of the closure or major realignment of a military installation under a base closure law. Requires a local government, in order to be eligible for such grant, to submit to the Secretary: (1) a comprehensive local economic recovery plan; and (2) an annual report concerning such community's progress in recovering from the effects of such closure or realignment. Provides that the amount of funds available for such grants with respect to the closure or realignment of a military installation shall equal ten percent of the total projected savings by the Department of Defense as a result of such action over the following ten years.
Authorizes appropriations. | {"src": "billsum_train", "title": "Community Reinvestment and Recovery Act"} | 1,634 | 173 | 0.651543 | 1.668154 | 0.846588 | 4.052632 | 10.164474 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Depository Institutions Disaster
Relief Act of 1994''.
SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT.
(a) Truth in Lending Act.--During the 180-day period beginning on
the date of enactment of this Act, the Board of Governors of the
Federal Reserve System may make exceptions to the Truth in Lending Act
for transactions within an area in which the President, pursuant to
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, has determined that a major disaster exists, or within
an area determined to be eligible for disaster relief under other
Federal law, by reason of damage related to the 1994 earthquakes in
California, if the Board determines that the exception can reasonably
be expected to alleviate hardships to the public resulting from such
disaster that outweigh possible adverse effects.
(b) Expedited Funds Availability Act.--During the 180-day period
beginning on the date of enactment of this Act, the Board of Governors
of the Federal Reserve System may make exceptions to the Expedited
Funds Availability Act for depository institution offices located
within any area referred to in subsection (a) of this section if the
Board determines that the exception can reasonably be expected to
alleviate hardships to the public resulting from the disaster referred
to in such subsection that outweigh possible adverse effects.
(c) Time Limit on Exceptions.--Any exception made under this
section shall expire not later than the earlier of--
(1) 1 year after the date of enactment of this Act; or
(2) 1 year after the date of any determination referred to
in subsection (a).
(d) Publication Required.--The Board of Governors of the Federal
Reserve System shall publish in the Federal Register a statement that--
(1) describes any exception made under this section; and
(2) explains how the exception can reasonably be expected
to produce benefits to the public that outweigh possible
adverse effects.
SEC. 3. DEPOSIT OF INSURANCE PROCEEDS.
(a) In General.--The appropriate Federal banking agency may, by
order, permit an insured depository institution, during the 18-month
period beginning on the date of enactment of this Act, to subtract from
the institution's total assets, in calculating compliance with the
leverage limit prescribed under section 38 of the Federal Deposit
Insurance Act, an amount not exceeding the qualifying amount
attributable to insurance proceeds, if the agency determines that--
(1) the institution--
(A) had its principal place of business within an
area in which the President, pursuant to section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, has determined that a major disaster
exists, or within an area determined to be eligible for
disaster relief under other Federal law by reason of
damage related to the 1994 earthquakes in California,
on the day before the date of any such determination;
(B) derives more than 60 percent of its total
deposits from persons who normally reside within, or
whose principal place of business is normally within,
areas of intense devastation caused by the major
disaster;
(C) was adequately capitalized (as defined in
section 38 of the Federal Deposit Insurance Act) before
the major disaster; and
(D) has an acceptable plan for managing the
increase in its total assets and total deposits; and
(2) the subtraction is consistent with the purpose of
section 38 of the Federal Deposit Insurance Act.
(b) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning as
in section 3 of the Federal Deposit Insurance Act.
(2) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act.
(3) Leverage limit.--The term ``leverage limit'' has the
same meaning as in section 38 of the Federal Deposit Insurance
Act.
(4) Qualifying amount attributable to insurance proceeds.--
The term ``qualifying amount attributable to insurance
proceeds'' means the amount (if any) by which the institution's
total assets exceed the institution's average total assets
during the calendar quarter ending before the date of any
determination referred to in subsection (a)(1)(A), because of
the deposit of insurance payments or governmental assistance
made with respect to damage caused by, or other costs resulting
from, the major disaster.
SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS.
(a) In General.--During the 180-day period beginning on the date of
enactment of this Act, a qualifying regulatory agency may take any of
the following actions with respect to depository institutions or other
regulated entities whose principal place of business is within, or with
respect to transactions or activities within, an area in which the
President, pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, has determined that a major
disaster exists, or within an area determined to be eligible for
disaster relief under other Federal law by reason of damage related to
the 1994 earthquakes in California, if the agency determines that the
action would facilitate recovery from the major disaster:
(1) Procedure.--Exercising the agency's authority under
provisions of law other than this section without complying
with--
(A) any requirement of section 553 of title 5,
United States Code; or
(B) any provision of law that requires notice or
opportunity for hearing or sets maximum or minimum time
limits with respect to agency action.
(2) Publication requirements.--Making exceptions, with
respect to institutions or other entities for which the agency
is the primary Federal regulator, to--
(A) any publication requirement with respect to
establishing branches or other deposit-taking
facilities; or
(B) any similar publication requirement.
(b) Publication Required.--A qualifying regulatory agency shall
publish in the Federal Register a statement that--
(1) describes any action taken under this section; and
(2) explains the need for the action.
(c) Qualifying Regulatory Agency Defined.--For purposes of this
section, the term ``qualifying regulatory agency'' means--
(1) the Board of Governors of the Federal Reserve System;
(2) the Comptroller of the Currency;
(3) the Director of the Office of Thrift Supervision;
(4) the Federal Deposit Insurance Corporation;
(5) the Financial Institutions Examination Council;
(6) the National Credit Union Administration; and
(7) with respect to chapter 53 of title 31, United States
Code, the Secretary of the Treasury.
SEC. 5. STUDY; REPORT TO THE CONGRESS.
(a) Study.--The Comptroller General of the United States shall
conduct a study that--
(1) examines how the agencies and entities granted
authority by the Depository Institutions Disaster Relief Act of
1993, and by this Act have exercised such authority;
(2) evaluates the utility of such Acts in facilitating
recovery from disasters consistent with the safety and
soundness of depository institutions; and
(3) contains recommendations with respect to whether the
authority granted by this Act should be made permanent.
(b) Report to the Congress.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the Congress a report on the results of
the study required by subsection (a).
SEC. 6. SENSE OF THE CONGRESS.
It is the sense of the Congress that the Board of Governors of the
Federal Reserve System, the Comptroller of the Currency, the Director
of the Office of Thrift Supervision, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration should
encourage depository institutions meet the financial services needs of
their communities and customers located in areas affected by the 1994
earthquakes in California.
SEC. 7. OTHER AUTHORITY NOT AFFECTED.
No provision of this Act shall be construed as limiting the
authority of any department or agency under any other provision of law. | Depository Institutions Disaster Relief Act of 1994 - Authorizes the Board of Governors of the Federal Reserve System (the Board) to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act for transactions within an area determined by the President to be eligible for disaster relief due to the 1994 earthquake damage in California, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweight possible adverse effects.
Cites conditions under which: (1) a Federal banking agency may permit an insured depository institution within the earthquake area to subtract from its total assets, for purposes of complying with statutory leverage limits, the qualifying amount attributable to insurance proceeds; and (2) a qualifying regulatory agency may make exceptions to statutory procedural and publication requirements for regulated entities within the earthquake area.
Directs the Comptroller General to report to the Congress concerning the effectiveness and possible permanent extension of the authorities granted under this Act.
Expresses the sense of the Congress that the Federal regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers within the earthquake areas. | {"src": "billsum_train", "title": "Depository Institutions Disaster Relief Act of 1994"} | 1,778 | 249 | 0.720141 | 2.304035 | 0.946986 | 3.83945 | 7.522936 | 0.912844 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Beneficiary Information Act
of 1997''.
SEC. 2. MEDICARE BENEFICIARY INFORMATION.
(a) In General.--Section 1876(c)(3)(E) of the Social Security Act
(42 U.S.C. 1395mm(c)(3)(E)) is amended to read as follows:
``(E)(i) Each eligible organization shall provide in any marketing
materials distributed to individuals eligible to enroll under this
section and to each enrollee at the time of enrollment and not less
frequently than annually thereafter, an explanation of the individual's
rights and responsibilities under this section and a copy of the most
recent comparative report (as established by the Secretary under clause
(ii)) for that organization.
``(ii)(I) The Secretary shall develop an understandable
standardized comparative report on the plans offered by eligible
organizations, that will assist beneficiaries under this title in their
decisionmaking regarding medical care and treatment by allowing the
beneficiaries to compare the organizations that the beneficiaries are
eligible to enroll with. In developing such report the Secretary shall
consult with outside organizations, including groups representing the
elderly, eligible organizations under this section, providers of
services, and physicians and other health care professionals, in order
to assist the Secretary in developing the report.
``(II) The report described in subclause (I) shall include a
comparison for each plan of--
``(aa) the premium for the plan;
``(bb) the benefits offered by the plan, including any
benefits that are additional to the benefits offered under
parts A and B;
``(cc) the amount of any deductibles, coinsurance, or any
monetary limits on benefits;
``(dd) the number of individuals who disenrolled from the
plan within 3 months of enrollment and during the previous
fiscal year, stated as percentages of the total number of
individuals in the plan;
``(ee) the procedures used by the plan to control
utilization of services and expenditures, including any
financial incentives;
``(ff) the number of applications during the previous
fiscal year requesting that the plan cover certain medical
services that were denied by the plan (and the number of such
denials that were subsequently reversed by the plan), stated as
a percentage of the total number of applications during such
period requesting that the plan cover such services;
``(gg) the number of times during the previous fiscal year
(after an appeal was filed with the Secretary) that the
Secretary upheld or reversed a denial of a request that the
plan cover certain medical services;
``(hh) the restrictions (if any) on payment for services
provided outside the plan's health care provider network;
``(ii) the process by which services may be obtained
through the plan's health care provider network;
``(jj) coverage for out-of-area services;
``(kk) any exclusions in the types of health care providers
participating in the plan's health care provider network; and
``(ll) any additional information that the Secretary
determines would be helpful for beneficiaries to compare the
organizations that the beneficiaries are eligible to enroll
with.
``(III) The comparative report shall also include--
``(aa) a comparison of each plan to the fee-for-service
program under parts A and B; and
``(bb) an explanation of medicare supplemental policies
under section 1882 and how to obtain specific information
regarding such policies.
``(IV) The Secretary shall, not less than annually, update each
comparative report.
``(iii) Each eligible organization shall disclose to the Secretary,
as requested by the Secretary, the information necessary to complete
the comparative report.
``(iv) In this subparagraph--
``(I) the term `health care provider' means anyone licensed
under State law to provide health care services under part A or
B;
``(II) the term `network' means, with respect to an
eligible organization, the health care providers who have
entered into a contract or agreement with the organization
under which such providers are obligated to provide items,
treatment, and services under this section to individuals
enrolled with the organization under this section; and
``(III) the term `out-of-network' means services provided
by health care providers who have not entered into a contract
agreement with the organization under which such providers are
obligated to provide items, treatment, and services under this
section to individuals enrolled with the organization under
this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to contracts entered into or renewed under section 1876 of the
Social Security Act (42 U.S.C. 1395mm) after the expiration of the 1-
year period that begins on the date of enactment of this Act.
SEC. 3. APPLICATION OF ADDITIONAL INFORMATION TO MEDICARE SELECT
POLICIES.
(a) In General.--Section 1882(t) of the Social Security Act (42
U.S.C. 1395ss(t)) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(E);
(B) by striking the period at the end of
subparagraph (F) and inserting a semicolon; and
(C) by adding at the end the following:
``(G) notwithstanding any other provision of this
section to the contrary, the issuer of the policy meets
the requirements of section 1876(c)(3)(E)(i) with
respect to individuals enrolled under the policy, in
the same manner such requirements apply with respect to
an eligible organization under such section with
respect to individuals enrolled with the organization
under such section; and
``(H) the issuer of the policy discloses to the
Secretary, as requested by the Secretary, the
information necessary to complete the report described
in paragraph (4).''; and
(2) by adding at the end the following:
``(4) The Secretary shall develop an understandable standardized
comparative report on the policies offered by entities pursuant to this
subsection. Such report shall contain information similar to the
information contained in the report developed by the Secretary pursuant
to section 1876(a)(3)(E)(ii).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to policies issued or renewed on or after the expiration of the
1-year period that begins on the date of enactment of this Act.
SEC. 4. NATIONAL INFORMATION CLEARINGHOUSE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish and operate, out
of funds otherwise appropriated to the Secretary, a clearinghouse and
(if the Secretary determines it to be appropriate) a 24-hour toll-free
telephone hotline, to provide for the dissemination of the comparative
reports created pursuant to section 1876(c)(3)(E)(ii) of the Social
Security Act (42 U.S.C. 1395mm(c)(3)(E)(ii)) (as amended by section 2
of this Act) and section 1882(t)(4) of the Social Security Act (42
U.S.C. 1395ss(t)(4)) (as added by section 3 of this Act). In order to
assist in the dissemination of the comparative reports, the Secretary
may also utilize medicare offices open to the general public, the
beneficiary assistance program established under section 4359 of the
Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-3), and the
health insurance information counseling and assistance grants under
section 4359 of that Act (42 U.S.C. 1395b-4). | Medicare Beneficiary Information Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise requirements that eligible organizations provide enrollees with an explanation of their rights. Requires inclusion in such explanation of a copy of the most recent report comparing the organizations that Medicare beneficiaries are eligible to enroll with. Directs the Secretary of Health and Human Services to establish such comparative reports according to prescribed criteria in an understandable standardized format.
Applies the same new requirements to Medicare select policies.
Directs the Secretary to establish a clearinghouse and, if appropriate, a toll-free telephone hotline to provide for dissemination of such comparative reports. | {"src": "billsum_train", "title": "Medicare Beneficiary Information Act of 1997"} | 1,726 | 150 | 0.495696 | 1.30305 | 0.687468 | 2.098361 | 12.696721 | 0.852459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charities Helping Americans
Regularly Throughout the Year Act''.
SEC. 2. SENSE OF THE SENATE RELATING TO THE PROTECTION OF CHARITABLE
DEDUCTIONS.
(a) Findings.--The Senate makes the following findings:
(1) The deduction for charitable contributions has been an
important and effective part of the tax code for almost 100
years.
(2) The deduction for charitable contributions is unique as
it is the only provision that encourages taxpayers to give away
a portion of their income for the benefit of others.
(3) In 2012, nonprofit organizations provided 11,400,000
jobs, accounting for 10.3 percent of the country's private-
sector workforce.
(4) In 2014, total charitable giving was estimated to be
$358,380,000,000 (a 7.1-percent increase from 2013) and
accounted for 2.1 percent of the gross domestic product.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) encouraging charitable giving should be a goal of tax
reform; and
(2) Congress should ensure that the value and scope of the
deduction for charitable contributions is not diminished during
a comprehensive rewrite of the tax code.
SEC. 3. MODIFICATION OF RULES RELATING TO DONOR ADVISED FUNDS.
(a) Allowance of Tax-Free Charitable Distributions From Individual
Retirement Accounts.--
(1) In general.--Clause (i) of section 408(d)(8)(B) of the
Internal Revenue Code of 1986 is amended by striking ``or any
fund or account described in section 4966(d)(2)''.
(2) Effective date.--The amendment made by this subsection
shall apply to distributions made in taxable years beginning
after December 31, 2016.
(b) Return Disclosures.--
(1) Distributions.--Section 6033(k) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``and'' at the end of paragraph
(2),
(B) in paragraph (3)--
(i) by inserting ``(both in terms of dollar
amount and percentage of total value of
assets)'' after ``taxable year'', and
(ii) by striking the period and inserting
``, and'', and
(C) by adding at the end the following new
paragraph:
``(4) the average aggregate contributions to and grants
made from such funds during the most recent 3-taxable-year
period.''.
(2) Policy on inactive funds.--Section 6033(k) of the
Internal Revenue Code of 1986, as amended by paragraph (1), is
amended by striking ``and'' at the end of paragraph (3), by
striking the period at the end of paragraph (4) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(5) provide a description of the organization's policy on
inactive or dormant funds or, if no such policy exists, a
statement indicating that the organization has no such
policy.''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns for taxable years beginning after
December 31, 2016.
SEC. 4. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT
INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) of the Internal Revenue Code of
1986 is amended by striking ``2 percent'' and inserting ``1 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets Certain
Distribution Requirements.--Section 4940 of such Code is amended by
striking subsection (e).
(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. 5. MANDATORY ELECTRONIC FILING FOR ANNUAL RETURNS OF EXEMPT
ORGANIZATIONS.
(a) In General.--Section 6033 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Mandatory Electronic Filing.--Any organization required to
file a return under this section shall file such return in electronic
form.''.
(b) Inspection of Electronically Filed Annual Returns.--Subsection
(b) of section 6104 is amended by adding at the end the following:
``Any annual return required to be filed electronically under section
6033(n) shall be made available by the Secretary to the public in
machine readable format as soon as practicable.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after the date of the enactment of this Act.
(2) Transitional relief.--
(A) Small organizations.--
(i) In general.--In the case of any small
organizations, or any other organizations for
which the Secretary determines the application
of the amendments made by subsection (a) would
cause undue burden without a delay, the
Secretary may delay the application of such
amendments, but not later than taxable years
beginning 2 years after the date of the
enactment of this Act.
(ii) Small organization.--For purposes of
clause (i), the term ``small organization''
means any organization--
(I) the gross receipts of which for
the taxable year are less than
$200,000, and
(II) the aggregate gross assets of
which at the end of the taxable year
are less than $500,000.
(B) Organizations filing form 990-t.--In the case
of any organization described in section 511(a)(2) of
the Internal Revenue Code of 1986 which is subject to
the tax imposed by section 511(a)(1) of such Code on
its unrelated business taxable income, or any
organization required to file a return under section
6033 of such Code and include information under
subsection (e) thereof, the Secretary may delay the
application of the amendments made by this section, but
not later than taxable years beginning 2 years after
the date of the enactment of this Act.
SEC. 6. DETERMINATION OF STANDARD MILEAGE RATE FOR CHARITABLE
CONTRIBUTIONS DEDUCTION.
(a) Determination of Standard Mileage Rate for Charitable
Contributions Deduction.--Subsection (i) of section 170 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(i) Standard Mileage Rate for Use of Passenger Automobile.--For
purposes of computing the deduction under this section for use of a
passenger automobile, the standard mileage rate shall be the rate
determined by the Secretary, which rate shall not be less than the
standard mileage rate used for purposes of section 213.''.
(b) Effective Date.--The amendment made by this section shall apply
to miles traveled after the date of the enactment of this Act.
SEC. 7. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX
FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS.
(a) In General.--Section 4943 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Exception for Certain Philanthropic Business Holdings.--
``(1) In general.--Subsection (a) shall not apply with
respect to the holdings of a private foundation in any business
enterprise which for the taxable year meets--
``(A) the exclusive ownership requirements of
paragraph (2),
``(B) the all profits to charity requirement of
paragraph (3), and
``(C) the independent operation requirements of
paragraph (4).
``(2) Exclusive ownership.--The exclusive ownership
requirements of this paragraph are met if--
``(A) all ownership interests in the business
enterprise are held by the private foundation at all
times during the taxable year, and
``(B) all the private foundation's ownership
interests in the business enterprise were acquired
under the terms of a will or trust upon the death of
the testator or settlor, as the case may be.
``(3) All profits to charity.--
``(A) In general.--The all profits to charity
requirement of this paragraph is met if the business
enterprise, not later than 120 days after the close of
the taxable year, distributes an amount equal to its
net operating income for such taxable year to the
private foundation.
``(B) Net operating income.--For purposes of this
paragraph, the net operating income of any business
enterprise for any taxable year is an amount equal to
the gross income of the business enterprise for the
taxable year, reduced by the sum of--
``(i) the deductions allowed by chapter 1
for the taxable year which are directly
connected with the production of such income,
``(ii) the tax imposed by chapter 1 on the
business enterprise for the taxable year, and
``(iii) an amount for a reasonable reserve
for working capital and other business needs of
the business enterprise.
``(4) Independent operation.--The independent operation
requirements of this paragraph are met if, at all times during
the taxable year--
``(A) no substantial contributor (as defined in
section 4958(c)(3)(C)) to the private foundation, or
family member of such a contributor (determined under
section 4958(f)(4)), is a director, officer, trustee,
manager, employee, or contractor of the business
enterprise (or an individual having powers or
responsibilities similar to any of the foregoing),
``(B) at least a majority of the board of directors
of the private foundation are individuals other than
individuals who are either--
``(i) directors or officers of the business
enterprise, or
``(ii) members of the family (determined
under section 4958(f)(4)) of a substantial
contributor (as defined in section
4958(c)(3)(C)) to the private foundation, and
``(C) there is no loan outstanding from the
business enterprise to a substantial contributor (as so
defined) to the private foundation or a family member
of such contributor (as so determined).
``(5) Certain deemed private foundations excluded.--This
subsection shall not apply to--
``(A) any fund or organization treated as a private
foundation for purposes of this section by reason of
subsection (e) or (f),
``(B) any trust described in section 4947(a)(1)
(relating to charitable trusts), and
``(C) any trust described in section 4947(a)(2)
(relating to split-interest trusts).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Charities Helping Americans Regularly Throughout the Year Act This bill amends the Internal Revenue Code to modify several tax provisions affecting charitable contributions and tax-exempt organizations. The bill excludes from the gross income of an individual who is at least 70-1/2 years of age up to $100,000 in distributions from an individual retirement plan to a donor-advised fund (DAF). (A DAF is a fund or account that is separately identified by reference to contributions of a donor or donors. The account is owned and controlled by a sponsoring charitable organization, while the donor retains advisory privileges with respect to the distribution and investment of funds in the account.) Sponsors of DAFs must disclose in their returns specified details regarding: (1) policies on inactive or dormant funds, and (2) average aggregate contributions to and grants made from the funds during the most recent three-year period. The bill reduces from 2% to 1% the excise tax on the investment income of private foundations and eliminates a provision that reduces the rate to 1% if a foundation meets certain distribution requirements. Tax-exempt organizations must file their returns in electronic form, and the Internal Revenue Service (IRS) must make the returns available to the public in a machine readable format as soon as practicable. The IRS may delay the requirement for up to two years for certain small organizations. The IRS may determine the standard mileage rate for deducting the cost of using a passenger automobile for charitable purposes (currently set by statute at 14 cents per mile), and the rate may not be less than the rate for medical purposes (19 cents per mile for 2016). The bill exempts certain philanthropic business holdings from the tax on excess business holdings of private foundations if a foundation meets requirements for exclusive ownership, donating all profits to charity, and independent operation. | {"src": "billsum_train", "title": "Charities Helping Americans Regularly Throughout the Year Act"} | 2,436 | 403 | 0.544348 | 1.701075 | 0.654393 | 1.827298 | 6.041783 | 0.779944 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arts Endowing the Arts Act of
1994''.
SEC. 2. COPYRIGHT AUCTION FOR THE NATIONAL ENDOWMENTS FOR THE ARTS AND
HUMANITIES.
(a) In General.--The provisions of title 17, United States Code,
are amended by adding after chapter 9 the following new chapter:
``CHAPTER 10--AUCTION OF CERTAIN COPYRIGHTS FOR THE NATIONAL ENDOWMENT
FOR THE ARTS AND THE NATIONAL ENDOWMENT FOR THE HUMANITIES
``Sec.
``1001. Definitions.
``1002. Copyrights affected.
``1003. Arts and Humanities Copyright Board.
``1004. Auction procedures.
``1005. Registration and issuance of certificate for auction copyright.
``1006. Limitation on the liability of the United States.
``1007. Original copyright not affected by auction.
``1008. National Endowments for the Arts and Humanities Copyright Trust
Fund.
``Sec. 1001. Definitions
``For purposes of this chapter--
``(1) the term `auction copyright' means a copyright which
is acquired under the provisions of this chapter;
``(2) the term `Board' means the Arts and Humanities
Copyright Board established under section 1003; and
``(3) the term `Fund' means the National Endowments for the
Arts and Humanities Copyright Trust Fund established under
section 1008.
``Sec. 1002. Copyrights affected
``The provisions of this chapter apply to any copyright in a--
``(1) literary work;
``(2) sound recording;
``(3) work of visual art;
``(4) pictorial, graphic, and sculptural work; or
``(5) motion picture.
``Sec. 1003. Arts and Humanities Copyright Board
``(a) Establishment.--There is established the Arts and Humanities
Copyright Board within the Library of Congress.
``(b) Membership.--The Board shall be composed of 9 members,
appointed by the President, of whom--
``(1) 1 shall be selected upon the recommendation of the
Chairman of the National Endowment for the Arts;
``(2) 1 shall be selected upon the recommendation of the
Chairman of the National Endowment for the Humanities;
``(3) 1 shall be selected upon the recommendation of the
Register of Copyrights;
``(4) 1 shall be selected upon the recommendation of the
Majority Leader of the Senate;
``(5) 1 shall be selected upon the recommendation of the
Minority Leader of the Senate;
``(6) 1 shall be selected upon the recommendation of the
Majority Leader of the House of Representatives;
``(7) 1 shall be selected upon the recommendation of the
Minority Leader of the House of Representatives; and
``(8) 2 shall represent the arts community and be notable
for contributions to excellence in their fields.
``(c) Chairman.--The Board shall select a chairman from the members
of the Board.
``(d) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(e) Functions.--The Board shall select copyrights in works for
auction and conduct auctions as provided under this chapter.
``(f) Compensation.--The members of the Board shall receive
compensation at the rate payable for a position at level V of the
Executive Schedule under section 5316 of title 5 for each day in the
actual performance of duties for the Board.
``(g) Travel Expenses.--The members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5 while away from their homes or regular places of business in
the performance of services for the Board.
``(h) Special Government Employees.--A member of the Board shall be
a special Government employee as for purposes of sections 203, 204,
207, 208, and 209 of title 18.
``Sec. 1004. Auction procedures
``(a) Selection of Copyrights for Auction.--During the first week
of January and the first week of July of each year, the Board shall
conduct an auction of any copyright described under section 1002
selected by the Board. The Board may select a copyright for an auction
under this chapter if--
``(1) the term of the copyright--
``(A) shall expire within 6 months after the date
of the auction of the copyright; and
``(B) is not subject to renewal and extension under
this title; or
``(2)(A) the term of the copyright--
``(i) shall expire within 6 months after the date
of the auction of the copyright; and
``(ii) is subject to renewal and extension under
this title; and
``(B) the owner of the copyright has not--
``(i) registered for a renewal and extension of the
term of such copyright; or
``(ii) submitted written notice to the Board or the
Copyright Office of an intent to renew and extend the
term of such copyright and the Board determines that
such term is subject to renewal and extension.
``(b) Copyrights for Auction Selected Upon Bidder's Initiative.--
The Board shall select a copyright for an auction if the Board--
``(1) receives a bid for a copyright that meets all of the
requirements for selection under this section within such
period as determined by the Board; and
``(2) determines the bid is of a sufficient minimum amount
for the copyright.
``(c) Copyrights Excluded From Auction.--The Board may not auction
a copyright in any work--
``(1) in which a person owned a copyright;
``(2) in which the term of such copyright expired without
renewal and extension; and
``(3) that entered the public domain.
``(d) Notification.--(1) No later than 45 days before the date of
an auction, the Board shall publish in the Federal Register--
``(A) the date of the auction;
``(B) a description of the copyrights and works relating to
such copyrights to be auctioned;
``(C) a description of all works--
``(i) in which a copyright shall be auctioned; and
``(ii) for which a bid has been submitted; and
``(D) the minimum bids set by the Board.
``(2) The Board may take such other actions as necessary to give
public notice of the information described under paragraph (1).
``(e) Auction Copyright Bids.--(1) The Board shall set a minimum
amount for each bid for a copyright to be auctioned. If no bid is
submitted to the Board equal to or greater than the minimum amount set
for a copyright in any work, no auction copyright may be issued for the
work.
``(2) Each bid shall--
``(A) be sealed;
``(B) be submitted during such period as the Board may
determine; and
``(C) include an amount equal to 20 percent of the total
amount of the submitted bid which shall be deposited in the
Fund.
``(3) A person shall be the successful bidder on a copyright if
such person--
``(A) submits the highest bid on such copyright;
``(B) deposits the total amount of the submitted bid in the
Fund; and
``(C) complies with such terms and conditions as the Board
may require.
``(4)(A) The Board shall pay to each person who submitted an
unsuccessful bid all amounts deposited in the Fund under paragraph
(2)(C) with interest at a rate determined under subparagraph (B).
``(B) For any 12-month period beginning on July 1 and ending on
June 30 the rate determined under this subparagraph is determined on
the preceding June 1 and is equal to the bond equivalent rate of 52-
week Treasury bills auctioned at the final auction held prior to such
June 1.
``Sec. 1005. Registration and issuance of certificate for auction
copyright
``(a) Notification to Copyright Office.--The Board shall determine
the person making the successful bid for a copyright in a work at an
auction and notify the Copyright Office.
``(b) Registration and Issuance of Certificate.--After receiving
notification from the Board and payment of fees for a copyright claim
and registration under section 708(a)(1) by the person making the
successful bid at auction, the Register of Copyrights shall register a
copyright claim and issue a certificate of registration to such person
in accordance with section 410.
``(c) Duration of Term.--The term of an auction copyright in a work
shall be for 20 years and shall begin on the date following the date of
the expiration of the term of the copyright in such work last held
under the provisions of this title (other than this chapter).
``(d) Nonrenewal of Auction Copyright.--An auction copyright may
not be renewed or extended.
``Sec. 1006. Limitation on the liability of the United States
``If a person acquires an auction copyright in a work and the
Copyright Royalty Tribunal or a court of the United States later
determines that such person is not the owner of such copyright or that
such copyright is invalid or infringes on another copyright in such
work, the liability of the United States shall be limited to--
``(1) all amounts that such person deposited in the Fund
for the auction copyright; and
``(2) interest on such amounts at the rate determined under
section 1004(e)(4)(B).
``Sec. 1007. Original copyright not affected by auction
``The auction of a copyright in any work under this chapter shall
have no effect on--
``(1) any other copyright in such work; or
``(2) the rights or privileges of any owner, holder, heir,
or assignee of any other copyright in such work.
``Sec. 1008. National Endowments for the Arts and Humanities Copyright
Trust Fund
``(a) Establishment.--There is established the National Endowments
for the Arts and Humanities Copyright Trust Fund in the Treasury of the
United States.
``(b) Deposits.--The Fund shall consist of all amounts deposited by
the Board from auction bids and payments under section 1004 and any
interest earned on investment of amounts in the Fund under subsection
(d)(2) of this section.
``(c) Appropriations From Fund.--The amounts in the Fund shall
remain in the Fund without fiscal year limitation and shall be
available for annual appropriation by the Congress for--
``(1) the support of the National Endowment for the Arts
and the National Endowment for the Humanities; and
``(2) the administrative costs of carrying out this
chapter.
``(d) Investment of Funds.--(1) It shall be the duty of the
Secretary of the Treasury to invest such portion of the Fund as is not,
in the Secretary's judgment, required to meet current withdrawals. Such
investments may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States. For such purpose, such obligations may
be acquired--
``(A) on original issue at the issue price, or
``(B) by purchase of outstanding obligations at the market
price.
The purposes for which obligations of the United States may be issued
under chapter 31 of title 31, of the United States Code, are hereby
extended to authorize the issuance at par of special obligations
exclusively to the Fund. Such special obligations shall bear interest
at a rate equal to the average rate of interest, computed as to the end
of the calendar month next preceding the date of such issue, borne by
all marketable interest-bearing obligations of the United States then
forming a part of the Public Debt; except that where such average rate
is not a multiple of one-eighth of 1 percent, the rate of interest of
such special obligations shall be the multiple of one-eighth of 1
percent next lower than such average rate. Such special obligations
shall be issued only if the Secretary of the Treasury determines that
the purchase of other interest-bearing obligations of the United
States, or of obligations guaranteed as to both principal and interest
by the United States on original issue or at the market price, is not
in the public interest.
``(2) Any obligation acquired by the Fund (except special
obligations issued exclusively to the Fund) may be sold by the
Secretary of the Treasury at the market price, and such special
obligations may be redeemed at par plus accrued interest.
``(3) The interest on, and the proceeds from the sale or redemption
of, any obligations held in the Fund shall be credited to and form a
part of the Fund.''.
(b) Technical and Conforming Amendment.--The table of chapters for
title 17, United States Code, is amended by adding after the item
relating to item 9 the following new item:
``10. Auction of certain copyrights for the National 1001.''.
Endowment for the Arts and the
National Endowment for the
Humanities.
SEC. 3. EFFECTIVE DATE.
(a) In General.--Except as provided under subsection (b), the
provisions of this Act and the amendments made by this Act shall take
effect 30 days after the date of the enactment of this Act.
(b) First Auction.--The Arts and Humanities Copyright Board
established under chapter 10 of title 17, United States Code, as added
by this Act, shall determine the date of the first copyright auction,
except such auction shall occur--
(1) during the first week of January or July; and
(2) no later than 18 months after the date of the enactment
of this Act. | Arts Endowing the Arts Act of 1994 - Amends copyright law to provide for the auction of certain copyrights to financially support the National Endowment for the Arts and the National Endowment for the Humanities. Applies such provisions to copyrights in literary works, sound recordings, visual arts works, pictorial, graphic, and sculptural works, and motion pictures.
Establishes the Arts and Humanities Copyright Board within the Library of Congress.
Sets forth auction procedures, including selection of copyrights for auction, copyright for auction selected upon bidder's initiative, copyrights excluded from auction, notification, and auction copyright bids.
Provides for registration and issuance of a certificate for auction copyright in a work for 20 years after the expiration of the term of copyright in the work last held under copyright law other than auction copyright provisions. Prohibits renewal or extension of such auction copyright. Limits U.S. liability. Provides that such auction shall have no effect on the original copyright.
Establishes the National Endowments for the Arts and Humanities Copyright Trust Fund in the Treasury. | {"src": "billsum_train", "title": "Arts Endowing the Arts Act of 1994"} | 3,105 | 250 | 0.662422 | 1.623271 | 0.818768 | 3.121827 | 14.700508 | 0.898477 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard State Partnership
Program Enhancement Act''.
SEC. 2. CODIFICATION OF NATIONAL GUARD STATE PARTNERSHIP PROGRAM.
(a) State Partnership Program.--
(1) In general.--Chapter 1 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 116. State Partnership Program
``(a) Purposes of Program.--The purposes of the State Partnership
Program of the National Guard are the following:
``(1) To support the objectives of the commander of the
combatant command for the theater of operations in which such
contacts and activities are conducted.
``(2) To support the objectives of the United States chief
of mission of the partner nation with which contacts and
activities are conducted.
``(3) To build international partnerships and defense and
security capacity.
``(4) To strengthen cooperation between the departments and
agencies of the United States Government and agencies of
foreign governments to support building of defense and security
capacity.
``(5) To facilitate intergovernmental collaboration between
the United States Government and foreign governments in the
areas of defense and security.
``(6) To facilitate and enhance the exchange of information
between the United States Government and foreign governments on
matters relating to defense and security.
``(b) Availability of Appropriated Funds for Program.--(1) Funds
appropriated to the Department of Defense, including funds appropriated
for the Air and Army National Guard, shall be available for the payment
of costs incurred by the National Guard to conduct activities under the
State Partnership Program, whether those costs are incurred inside or
outside the United States.
``(2) Costs incurred by the National Guard and covered under
paragraph (1) may include the following:
``(A) Costs of pay and allowances of members of the
National Guard.
``(B) Travel and necessary expenses of United States
personnel outside of the Department of Defense in support of
the State Partnership Program.
``(C) Travel and necessary expenses of foreign participants
directly supporting activities under the State Partnership
Program.
``(c) Limitations on Use of Funds.--(1) Funds shall not be
available under subsection (b) for activities conducted in a foreign
country unless jointly approved by--
``(A) the commander of the combatant command concerned; and
``(B) the chief of mission concerned, with the concurrence
of the Secretary of State.
``(2) Funds shall not be available under subsection (b) for the
participation of a member of the National Guard in activities in a
foreign country unless the member is on active duty in the armed forces
at the time of such participation.
``(3) Funds shall not be available under subsection (b) for
interagency activities involving United States civilian personnel or
foreign civilian personnel unless the participation of such personnel
in such activities--
``(A) contributes to responsible management of defense
resources;
``(B) fosters greater respect for and understanding of the
principle of civilian control of the military;
``(C) contributes to cooperation between the United States
armed forces and civilian governmental agencies and foreign
military and civilian government agencies; or
``(D) improves international partnerships and capacity on
matters relating to defense and security.
``(d) Reimbursement.--(1) In the event of the participation of
United States Government participants (other than personnel of the
Department of Defense) in activities for which payment is made under
subsection (b), the head of the department or agency concerned shall
reimburse the Secretary of Defense for the costs associated with the
participation of such personnel in such contacts and activities.
``(2) Amounts received under paragraph (1) shall be deposited in
the appropriation or account from which amounts for the payment
concerned were derived. Any amounts so deposited shall be merged with
amounts in such appropriation or account, and shall be available for
the same purposes, and subject to the same conditions and limitations,
as amounts in such appropriation or account.
``(e) Definitions.--In this section:
``(1) The term `State Partnership Program' means a program
that establishes a defense and security relationship between
the National Guard of a State or territory and the military and
security forces, and related disaster management, emergency
response, and security ministries, of a foreign country.
``(2) The term `activities', for purposes of the State
Partnership Program, means any military-to-military activities
or interagency activities for a purpose set forth in subsection
(a)(1).
``(3) The term `interagency activities' means the
following:
``(A) Contacts between members of the National
Guard and foreign civilian personnel outside the
ministry of defense of the foreign country concerned on
a matter within the core competencies of the National
Guard.
``(B) Contacts between United States civilian
personnel and members of the military and security
forces of a foreign country or foreign civilian
personnel on a matter within the core competencies of
the National Guard.
``(4) The term `matter within the core competencies of the
National Guard' means matters with respect to the following:
``(A) Disaster response and mitigation.
``(B) Defense support to civil authorities.
``(C) Consequence management and installation
protection.
``(D) Response to a chemical, biological,
radiological, nuclear, or explosives (CBRNE) event.
``(E) Border and port security and cooperation with
civilian law enforcement.
``(F) Search and rescue.
``(G) Medicine.
``(H) Counter-drug and counter-narcotics
activities.
``(I) Public affairs.
``(J) Employer support and family support for
reserve forces.
``(5) The term `United States civilian personnel' means the
following:
``(A) Personnel of the United States Government
(including personnel of departments and agencies of the
United States Government other than the Department of
Defense) and personnel of State and local governments
of the United States.
``(B) Members and employees of the legislative
branch of the United States Government.
``(C) Non-governmental individuals.
``(6) The term `foreign civilian personnel' means the
following:
``(A) Civilian personnel of a foreign government at
any level (including personnel of ministries other than
ministries of defense).
``(B) Non-governmental individuals of a foreign
country.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by adding at
the end the following new item:
``116. State Partnership Program.''.
(b) Repeal of Superseded Authority.--Section 1210 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2517; 32 U.S.C. 107 note) is repealed. | National Guard State Partnership Program Enhancement Act - Codifies under federal law the National Guard State Partnership Program (defense and security partnerships between the National Guard and the military and security forces, and related disaster management, emergency response, and security ministries, of a foreign country). Allows funds available to the Department of Defense (DOD), including for the Army and Air National Guard, to be used for such purposes. Repeals superseded authority under the National Defense Authorization Act for Fiscal Year 2010. | {"src": "billsum_train", "title": "National Guard State Partnership Program Enhancement Act"} | 1,508 | 104 | 0.574667 | 1.397587 | 0.635517 | 3.925532 | 15.87234 | 0.925532 |
SECTION 1. PROHIBITION ON USE OF PRIVATE SECURITY CONTRACTORS AND
MEMBERS OF THE AFGHAN PUBLIC PROTECTION FORCE TO PROVIDE
SECURITY FOR MEMBERS OF THE ARMED FORCES AND MILITARY
INSTALLATIONS AND FACILITIES IN AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) According to the Department of Defense, as of February
1, 2012, there had been 42 insider attacks on coalition forces
since 2007 by the Afghan National Army, Afghan National Police,
or Afghan nationals hired by private security contractors to
guard United States bases and facilities in Afghanistan.
(2) The Department of Defense data shows that the trend of
insider attacks is increasing.
(3) Members of the Armed Forces of the United States
continue to be garrisoned and housed in facilities and
installations in Afghanistan that are guarded by private
security contractors and not by United States or coalition
forces.
(4) President Karzai has prohibited the use of private
security contractors in Afghanistan and determined that
beginning in March, 2012, the Afghan Ministry of Interior will
provide Afghan Public Protection Forces on a reimbursable basis
to those desiring to contract for additional security.
(5) The Afghan Ministry of Interior will have the primary
responsibility for screening and vetting the Afghan nationals
who will comprise the Afghan Public Protection Force.
(6) The current force levels in Afghanistan are necessary
to accomplish the International Security Assistance Force
mission and force protection for members of the Armed Forces
garrisoned and housed in Afghanistan should not come at the
expense of mission success.
(7) The President of the United States has begun to draw
down United States military forces in Afghanistan and has
committed to continue this drawdown through 2014.
(8) The redeployment phase of any military operation brings
increasing vulnerabilities to members of the Armed Forces.
(9) It is the responsibility of the Commander in Chief to
provide for the security for members of the Armed Forces
deployed to Afghanistan and to mitigate internal threats to
such forces to the greatest extent possible, while continuing
to meet the objectives of the International Security Assistance
Force mission in Afghanistan, including the training and
equipping of the Afghan National Security Forces in order that
they may provide for their own security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the best security and force protection for members of
the Armed Forces garrisoned and housed in Afghanistan should be
provided;
(2) better security and force protection for members of the
Armed Forces garrisoned and housed in Afghanistan can be
provided by United States military personnel than private
security contractors or members of the Afghan Public Protection
Force;
(3) the President should take action in light of the
increased risk to members of the Armed Forces during this
transitional period in Afghanistan and the increasing number of
insider attacks; and
(4) the United States remains committed to mission success
in Afghanistan in light of the national security interests in
the region and the sacrifice and commitment of the United
States Armed Forces over the last ten years.
(c) Prohibition.--Notwithstanding section 2465 of title 10, United
States Code, funds appropriated to the Department of Defense may not be
obligated or expended for the purpose of--
(1) entering into a contract for the performance of
security-guard functions at a military installation or facility
in Afghanistan at which members of the Armed Forces deployed to
Afghanistan are garrisoned or housed;
(2) otherwise employing private security contractors to
provide security for members of the Armed Forces deployed to
Afghanistan; or
(3) employing the Afghan Public Protection Force to provide
security for such members or to perform such security-guard
functions at such a military installation or facility.
(d) Requirement.--
(1) In general.--The President shall ensure that as many
appropriately trained members of the Armed Forces of the United
States as are necessary are available to--
(A) perform security-guard functions at all
military installations and facilities in Afghanistan at
which members of the Armed Forces deployed to
Afghanistan are garrisoned or housed;
(B) provide security for members of the Armed
Forces deployed to Afghanistan; and
(C) provide adequate counterintelligence support
for such members.
(2) Relationship to other requirements and limitations.--
The members of the Armed Forces required to be made available
under paragraph (1) shall be in addition to--
(A) the number of such members who are deployed to
Afghanistan to support the requirements of the North
Atlantic Treaty Organization mission in Afghanistan and
the military campaign plan of the Commander of the
International Security and Assistance Force; and
(B) any limitation on force levels that may be in
effect.
(e) Waiver.--The President may waive the prohibition under
subsection (c) and the requirement under subsection (d) if the
President submits to Congress certification in writing that--
(1) the use of private security contractors or the Afghan
Public Protection Force can provide a level of security and
force protection for members of the Armed Forces deployed to
Afghanistan that is at least equal to the security and force
protection that can be provided by members of the Armed Forces;
and
(2) the Secretary of Defense has ensured that all employees
of private security contractors and members of the Afghan
Public Protection Force providing security or force protection
for members of the Armed Forces deployed to Afghanistan are
independently screened and vetted by members of the Armed
Forces of the United States.
(f) Definition.--In this section, the term ``members of the Armed
Forces deployed to Afghanistan'' means members of the Armed Forces
deployed to Afghanistan in support of the International Security
Assistance Force in Afghanistan and members of the Armed Forces of the
United States deployed to Afghanistan in support of Operation Enduring
Freedom. | Expresses the sense of Congress that: (1) the best possible security and force protection for members of the Armed Forces garrisoned and housed in Afghanistan (members) should be provided, (2) better security and force protection for such members can be provided by U.S. military personnel than by private security contractors or members of the Afghan Public Protection Force, (3) the President should take action in light of the increased risk to such members during the drawdown period and the increasing number of insider attacks, and (4) the United States remains committed to mission success in Afghanistan in light of the national security interests in the region and the sacrifice and commitment of the Armed Forces over the last ten years.
Prohibits funds appropriated to the Department of Defense (DOD) from being obligated or expended for: (1) entering into a contract for the performance of security-guard functions at a military installation or facility in Afghanistan at which members deployed to Afghanistan are garrisoned or housed, (2) otherwise employing private security contractors to provide security for such members, or (3) employing the Afghan Public Protection Force to provide such security or to perform security-guard functions at such a military installation or facility. Allows the President to waive such prohibition after a certification to Congress that the Afghan Public Protection Force or private security contractors can provide protection at least equal to that provided by the Armed Forces.
Directs the President to ensure that as many appropriately trained members of the U.S. Armed Forces as necessary are available to provide: (1) the security-guard functions at the installations and facilities at which members deployed to Afghanistan are garrisoned, (2) security for all members deployed to Afghanistan, and (3) counterintelligence support for such members. | {"src": "billsum_train", "title": "To prohibit the use of private security contractors and members of the Afghan Public Protection Force to provide security for members of the Armed Forces and military installations and facilities in Afghanistan, and for other purposes."} | 1,235 | 363 | 0.70537 | 2.173903 | 0.783874 | 5.459701 | 3.495522 | 0.964179 |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established the National Independent Inquiry Commission on
Disaster Preparedness and Response (in this Act referred to as the
``Commission'').
SEC. 2. PURPOSES.
The purposes of the Commission are to--
(1) examine, evaluate, and report on--
(A) the readiness and preparedness of Federal
Government, State, and local governments and agencies
to--
(i) respond to the dramatic effects of
Hurricane Katrina, including a full and
complete account of all Federal activities
before and immediately after Hurricane Katrina
made landfall;
(ii) meet power and utility infrastructure
and telecommunications needs immediately
following Hurricane Katrina making landfall and
all future disasters; and
(iii) prepare for and respond to disasters
of all kinds, sizes, and scopes, including
natural or man-made;
(B) the availability of adequate resources to meet
the needs of displaced individuals and families,
including temporary housing, medical services and
facilities, transportation, and food and water
supplies; and
(C) the effectiveness of rescue and other life-
saving techniques and operations and coordination
between the Armed Forces and Federal, State, and local
governments;
(2) determine if the Federal response to Hurricane Katrina
was and remains coordinated, adequate, and appropriate in size
and scope; and
(3) investigate and report to the President and Congress on
the Federal Government's failure to prepare adequately for and
respond to Hurricane Katrina.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) Members.--Subject to the requirements of subsection (b), the
Commission shall be composed of 10 members, of whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the House
of Representatives (majority or minority leader, as the case
may be) of the Democratic Party, in consultation with the
leader of the Senate (majority or minority leader, as the case
may be) of the Democratic Party, who shall serve as vice
chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party;
(5) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--No member of the
Commission shall be an officer or employee of the Federal
Government or any State or local government.
(c) Deadline for Appointment.--All members of the Commission shall
be appointed on or before December 15, 2005.
(d) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairperson or a majority of its
members. Eight members of the Commission shall constitute a quorum. Any
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
SEC. 4. FUNCTIONS OF THE COMMISSION. .
(a) In General.--The functions of the Commission are to--
(1) investigate the effectiveness and efficiency relating
to the Federal preparation for and response to Hurricane
Katrina, including any legislation, executive order,
regulation, plan, policy, practice, or procedure relating to
the Federal Emergency Management Agency, Department of Homeland
Security, and all relevant disaster preparedness and response-
related Federal programs administered by any Federal department
or agency;
(2) identify, review, and evaluate the lessons learned from
the tragic events of Hurricane Katrina regarding the structure,
coordination, management policies, and procedures of the
Federal Government, and, if appropriate, State and local
governments and nongovernmental entities, relative to preparing
for and responding to natural disasters; and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, and regulations.
(b) Scope of Investigation.--For purposes of subsection (a)(1), the
term ``effectiveness and efficiency'' includes facts, plans, policies,
and circumstances relating to--
(1) mitigation;
(2) flood protection;
(3) early warning systems;
(4) evacuation procedures;
(5) life-saving techniques;
(6) law enforcement;
(7) public health;
(8) power and utility infrastructure;
(9) commerce, including commercial aviation and maritime;
(10) telecommunications;
(11) environmental protection; and
(12) other areas of the public and private sectors
determined relevant by the Commission for its inquiry.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may, for purposes of
carrying out this Act--
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, papers, and documents.
(b) Subpoenas.--
(1) Service.--Subpoenas issued under subsection (a)(2) may
be served by any person designated by the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under subsection
(a)(2), the United States district court for the
judicial district in which the subpoenaed person
resides, is served, or may be found, or where the
subpoena is returnable, may issue an order requiring
such person to appear at any designated place to
testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(B) Additional enforcement.--Sections 102 through
104 of the Revised Statutes of the United States (2
U.S.C. 192 through 194) shall apply in the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section.
(c) Closed Meetings.--Notwithstanding any other provision of law
which would require meetings of the Commission to be open to the
public, any portion of a meeting of the Commission may be closed to the
public if the President determines that such portion is likely to
disclose matters that could endanger national security.
(d) Contracting.--The Commission may enter, to such extent and in
such amounts as are provided in appropriation Acts, into contracts to
enable the Commission to discharge its duties under this Act.
(e) Information From Federal Agencies.--The Commission may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Commission
conducted under this Act. Each such department, agency, or
instrumentality shall, to the extent authorized by law, furnish such
information directly to the Commission upon request.
(f) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(g) Gifts.--The Commission, to such extent and in such amounts as
are provided in appropriation Acts, may accept, use, and dispose of
gifts or donations of services or property.
(h) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(i) Powers of Subcommittees, Members, and Agents.--Any
subcommittee, member, or agent of the Commission may take, if
authorized by the Commission, any action which the Commission is
authorized to take by this section.
SEC. 6. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson and the Vice Chairperson, acting jointly.
(b) Staff.--The Chairperson, in consultation with the Vice
Chairperson, may appoint additional personnel as may be necessary to
enable the Commission to carry out its functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates; except that
no rate of pay fixed under this subsection may exceed the equivalent of
that payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code. Any individual appointed
under subsection (a) or (b) shall be treated as an employee for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 7. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate executive departments and agencies shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances in a manner
consistent with existing procedures and requirements, except that no
person shall be provided with access to classified information under
this section who would not otherwise qualify for such security
clearance.
SEC. 9. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to the
President and Congress an initial report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(b) Final Report.--Not later than 6 months after the submission of
the initial report of the Commission, the Commission shall submit to
the President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out this Act $3,000,000. Such funds shall remain available until
expended. | Establishes the bipartisan National Independent Inquiry Commission on Disaster Preparedness and Response to examine and report on the readiness of federal, state, and local governments and agencies to respond to the dramatic effects of Hurricane Katrina, meet power and utility infrastructure and telecommunications needs immediately following Katrina's landfall and all future disasters, and prepare for, and respond to disasters of all kinds, sizes, and scopes, including natural or man-made.
Requires the Commission also to: (1) report on the availability of adequate resources to meet the needs of displaced individuals and families, and the effectiveness of rescue and other life-saving techniques and operations and coordination between the Armed Forces and federal, state, and local governments; (2) determine if the federal response to Hurricane Katrina was and remains coordinated, adequate, and appropriate in size and scope; and (3) investigate and report to the President and Congress on the Federal Government's failure to prepare adequately for and respond to Hurricane Katrina. | {"src": "billsum_train", "title": "To establish a National Independent Inquiry Commission on Disaster Preparedness and Response."} | 2,801 | 218 | 0.706553 | 2.129601 | 0.990601 | 6.433862 | 13.746032 | 0.973545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kentucky National Wildlife Refuge
Authorization Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the area known as the Clarks River Basin, consisting of
20,000 acres of bottomland hardwood and associated wetlands
along the Clarks River and the East Fork of the Clarks River in
Graves, Marshall, and McCracken Counties, Kentucky, is of
critical importance to a variety of migratory and resident
waterfowl, neotropical migratory birds, forest wildlife, and
riverine species, and a wide array of other species associated
with bottomland communities;
(2) the area is the only major, natural (unchannelized)
bottomland hardwood wetland ecosystem remaining in western
Kentucky and attracts wintering migratory waterfowl,
neotropical migratory birds, and an array of raptors;
(3) the area provides extraordinary recreational, research,
and educational opportunities for students, scientists,
birdwatchers, wildlife observers, hunters, anglers, hikers, and
nature photographers;
(4) the area is an internationally significant
environmental resource that is unprotected and requires active
management to prevent vegetative encroachment and to otherwise
protect and enhance the value of the area as fish and wildlife
habitat;
(5) the Clarks River Basin has been identified in the
preliminary project proposal plan for the establishment of the
Kentucky National Wildlife Refuge, prepared by the United
States Fish and Wildlife Service (Southeast Region), as an area
deserving permanent protection; and
(6) since agriculture and silviculture are essential to the
economies of Graves, Marshall, and McCracken Counties and can
contribute to healthy ecosystems for wildlife, the refuge
should not restrict agricultural and silvicultural activities
on private lands.
SEC. 3. PURPOSE.
The purpose of this Act is to establish the Kentucky National
Wildlife Refuge to be managed--
(1) to conserve fish and wildlife populations and the
habitats of the populations, including habitats of bald eagles,
golden eagles, Indiana bats, wood ducks, neotropical migratory
birds, shorebirds, and other migratory birds;
(2) to preserve and showcase the concepts of biodiversity
and ecosystem management;
(3) to enhance and provide a vital link to public areas
containing habitat managed for waterfowl and other migratory
birds;
(4) to fulfill international treaty obligations of the
United States with regard to fish and wildlife and the habitats
of the fish and wildlife;
(5) to restore and maintain the physical and biological
integrity of wetlands and other waters within the refuge;
(6) to conserve species known to be threatened with
extinction; and
(7) to provide opportunities for scientific research,
environmental education, and fish- and wildlife-associated
recreation (including hunting, trapping, and fishing) and
access to the extent compatible with the management purposes
specified in paragraphs (1) through (6).
SEC. 4. DEFINITIONS.
In this Act:
(1) Land.--The term ``land'' includes an interest in land.
(2) Refuge.--The term ``refuge'' means the Kentucky
National Wildlife Refuge established under section 5.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(4) Water.--The term ``water'' includes an interest in
water.
SEC. 5. ESTABLISHMENT OF REFUGE.
(a) Establishment.--In accordance with this Act, the Secretary
shall establish a staffed and fully functional national wildlife refuge
to be known as the ``Kentucky National Wildlife Refuge''.
(b) Boundary Designation.--The Secretary shall--
(1) consult with appropriate State and local officials,
private conservation organizations, and other interested
parties in designating the boundaries of the refuge, which
shall comprise approximately 20,000 acres;
(2) prepare a detailed map depicting the boundaries
designated under paragraph (1), which shall be on file and
available for public inspection at offices of the United States
Fish and Wildlife Service; and
(3) include in the boundaries of the refuge the lands,
aquatic systems, wetlands, and waters depicted on the maps
prepared under paragraph (2).
(c) Boundary Revisions.--The Secretary may make such minor
revisions in the boundaries designated under subsection (b) as are
necessary to carry out the purpose of the refuge and to facilitate the
acquisition of property within the refuge.
(d) Acquisition.--To the extent authorized under the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), the Migratory
Bird Conservation Act (16 U.S.C. 715 et seq.), the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.), the Emergency Wetlands Resources
Act of 1986 (16 U.S.C. 3901 et seq.), and other laws, the Secretary may
acquire for inclusion in the refuge, by purchase from willing sellers,
donation, or exchange, lands and waters (including permanent
conservation easements) within the boundaries designated under
subsection (b). All lands and waters so acquired shall become part of
the refuge.
(e) Operation and Maintenance.--The Secretary shall construct such
office, maintenance, and support facilities as are necessary for the
operation and maintenance of the refuge.
SEC. 6. ADMINISTRATION.
(a) General Administrative Authority.--The Secretary shall
administer all lands and waters acquired under section 5 in accordance
with the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.).
(b) Other Administrative Authority.--Consistent with subsection (a)
and to carry out the purpose of the refuge, the Secretary may use such
additional authority as is available to the Secretary for the
conservation and development of fish, wildlife, and natural
resources, the development of outdoor recreational opportunities
(including hunting, trapping, and fishing), and interpretative
education.
(c) Management Plan.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall prepare a
comprehensive management plan for the development and operation
of the refuge that shall include--
(A) refuge management priorities and strategies;
(B) the planning and design of observation points,
trails, and access points, including parking and other
necessary facilities; and
(C) such provisions as are necessary to ensure
that--
(i) no activity carried out in the refuge
will result in the obstruction of the flow of
water so as to affect any private land adjacent
to the refuge; and
(ii) no buffer zone regulating any land use
(other than hunting and fishing) is
established.
(2) Public participation.--
(A) In general.--The Secretary shall provide
opportunity for public participation in developing the
management plan.
(B) Local entities.--The Secretary shall give
special consideration to means by which the
participation and contributions of local public and
private entities in developing and implementing the
management plan can be encouraged.
(d) Outreach and Education.--The Secretary shall work with, provide
technical assistance to, provide community outreach and education
programs for or with, or enter into cooperative agreements with private
landowners, State and local governments or agencies, and conservation
organizations to further the purpose for which the refuge is
established.
SEC. 7. GIFTS.
As soon as practicable after the date of enactment of this Act, the
Director of the United States Fish and Wildlife Service shall request
that the National Fish and Wildlife Foundation established under the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701
et seq.) take such measures as the Foundation considers appropriate to
encourage, accept, and administer private gifts of property or funds to
further the purpose of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Kentucky National Wildlife Refuge Authorization Act - Directs the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, to establish a staffed and fully functional Kentucky National Wildlife Refuge.
Requires the Secretary to: (1) prepare a comprehensive management plan for the development and operation of the Refuge; and (2) work with, provide technical assistance to, provide community outreach and education programs for or with, or enter into cooperative agreements with private landowners, State and local governments or agencies, and conservation organizations to further the purpose for which the Refuge is established.
Requires the Director to request that the National Fish and Wildlife Foundation take measures to encourage, accept, and administer private gifts of property or funds to further the purposes of this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Kentucky National Wildlife Refuge Authorization Act"} | 1,767 | 166 | 0.507946 | 1.425462 | 0.694098 | 6.748387 | 10.348387 | 0.980645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Register America to Vote Act''.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to require every State to develop and implement a
system to ensure that every eligible person is automatically
registered to vote when they turn 18 years old; and
(2) to protect the right to vote by allowing voters who are
automatically registered or had previously registered in a
State to update their address through the day of the election.
SEC. 3. AUTOMATIC VOTER REGISTRATION.
(a) Requirement.--
(1) In general.--Not later than November 6, 2018, the chief
State election official of each State shall establish and
operate a system of automatic registration for the registration
of any eligible individual at the time the individual turns 18
to vote for elections for Federal office in the State.
(2) Exception.--The requirements under paragraph (1) shall
not apply to a State in which, under a State law in effect
continuously on and after the date of the enactment of this
section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
(3) Limits on use of automatic registration.--The
registration of any individual under this subsection, and any
action by an individual to opt-out of such automatic
registration, may not be used as evidence against that
individual in any State or Federal law enforcement proceeding.
(b) Same Day Registration.--
(1) In general.--Notwithstanding section 8(a)(1)(D) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6),
each noncomplying State shall permit any eligible individual on
the day of a Federal election--
(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (52 U.S.C. 20509(b)); and
(B) to cast a vote in such election.
(2) Noncomplying state.--For purposes of paragraph (1), the
term ``noncomplying State'' means, with respect to any Federal
election occurring on or after November 6, 2018, any State
which is required to meet the requirements of subsection (a)
and which does not have a system described in subsection (a)
established and operated before the date of such Federal
election.
(c) Automatic Voter Registration Grants.--
(1) In general.--The Commission shall make a payment in an
amount determined under paragraph (3) to each State.
(2) Use of funds.--A State receiving a payment under this
subsection shall use the payment--
(A) to implement automatic voter registration in
accordance with subsection (a); and
(B) to improve election security systems related to
voter registration.
(3) Allocation of funds.--
(A) In general.--Subject to subparagraph (C), the
amount of a payment made to a State under this
subsection shall be equal to the product of--
(i) the total amount appropriated for
payments pursuant to the authorization under
paragraph (4); and
(ii) the State allocation percentage for
the State (as determined under subparagraph
(B)).
(B) State allocation percentage defined.--The
``State allocation percentage'' for a State is the
amount (expressed as a percentage) equal to the
quotient of--
(i) the voting age population of the State
(as reported in the most recent decennial
census); and
(ii) the total voting age population of all
States (as reported in the most recent
decennial census).
(C) Minimum amount of payment.--The amount of a
payment made to a State under this subsection may not
be less than one-half of 1 percent of the total amount
appropriated for payments under this subsection under
paragraph (4).
(D) Pro rata reductions.--The Commission shall make
such pro rata reductions to the allocations determined
under subparagraph (A) as are necessary to comply with
the requirements of subparagraph (C).
(E) Continuing availability of funds after
appropriation.--A payment to a State under this
subsection shall be available to the State without
fiscal year limitation.
(4) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated $325,000,000 for payments under this
subsection.
(B) Availability.--Any amounts appropriated
pursuant to the authority of subparagraph (A) shall
remain available without fiscal year limitation until
expended.
(d) Enforcement.--Section 11 of the National Voter Registration Act
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the
availability of private rights of action, shall apply with respect to
subsections (a) and (b) in the same manner as such section applies to
such Act.
(e) Relation to Other Laws.--Except as provided, nothing in this
Act may be construed to authorize or require conduct prohibited under,
or to supersede, restrict, or limit the application of any of the
following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
(f) Definitions.--In this Act, the following definitions apply:
(1) Chief state election official.--The term ``chief State
election official'' means, with respect to a State, the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (52 U.S.C. 20509) to be
responsible for coordination of the State's responsibilities
under such Act.
(2) Commission.--The term ``Commission'' means the Election
Assistance Commission.
(3) Election.--The term ``election'' has the meaning given
such term under section 301(1) of the Federal Election Campaign
Act of 1971.
(4) Federal office.--The term ``Federal office'' has the
meaning given such term under section 301(3) of the Federal
Election Campaign Act of 1971.
(5) State.--The term ``State'' means each of the several
States and the District of Columbia.
SEC. 4. STATE REGISTRATION PORTABILITY.
(a) In General.--Section 8(e) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(e)) is amended to read as follows:
``(e) Procedure for Voting Following Failure To Return Card.--
Notwithstanding failure to notify the registrar of the change of
address prior to the date of an election, a registrant who has moved
from an address in the State to an address in the same State shall,
upon oral or written affirmation by the registrant of the change of
address before an election official, be permitted to vote (at the
option of the voter)--
``(1) at the polling place of the registrant's current
address; or
``(2) at a central location within the same registrar's
jurisdiction.''.
(b) Effective Date.--The amendment made by this section shall take
effect on January 1, 2019. | Register America to Vote Act This bill directs each state that has a voter registration requirement for federal elections to automatically register eligible individuals when they turn 18 years old. Such states that do not implement automatic registration must permit eligible individuals to register to vote and vote on the day of a federal election. The Election Assistance Commission shall make grants to states to implement automatic voter registration and improve election security systems related to voter registration. The National Voter Registration Act of 1993 is amended to revise the procedure for voting following a registered voter's failure to return a change of address card. | {"src": "billsum_train", "title": "Register America to Vote Act"} | 1,665 | 122 | 0.557482 | 1.400208 | 0.588386 | 3.027273 | 13.454545 | 0.936364 |
SECTION 1. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S CORPORATION
CONVERSIONS.
(a) In General.--A qualified electing S corporation may elect the
special tax treatment provided in subsection (b) for an eligible
corporate conversion in the manner set forth in subsection (e).
(b) Special Tax Treatment.--
(1) Transfers to partnership.--In the case of transfers by
a qualified electing S corporation to a partnership in
connection with an eligible corporate conversion, no gain or
loss shall be recognized by shareholders of such corporation
with respect to money or property received by the partnership.
(2) Other transfers.--All other distributions of money or
property by the qualified electing S corporation shall be
treated as a distribution in part or full payment in exchange
for the stock of such corporation.
(c) Qualified Electing S Corporation.--For purposes of this
section, the term ``qualified electing S corporation'' means a domestic
corporation which--
(A) has had a valid S election continuously in
effect for all taxable years of the corporation
beginning on or after January 1, 1990, and
(B) has never made an election under this section.
(d) Eligible Corporate Conversion.--For purposes of this section--
(1) In general.--The term ``eligible corporate conversion''
means (however effected)--
(A) a transfer by a qualified electing S
corporation of substantially all of its assets to a
partnership (as defined in section 7701(a)(2) of the
Internal Revenue Code of 1986) for not less than 80
percent of the capital and profits of the partnership
in any taxable year of the corporation ending on or
before December 31, 2005,
(B) the meeting of the requirement described in
paragraph (2) by the partnership, and
(C) the subsequent liquidation and dissolution of
the qualified S corporation within the same taxable
year as the transfer.
(2) Continuity of business requirement.--
(A) In general.--The requirement described in this
paragraph is met if the partnership described in
paragraph (1)(A) either--
(i) maintains the continuity of the
qualified electing S corporation's business for
5 consecutive taxable years following the year
in which the corporate conversion occurs, or
(ii) pays a corporate conversion recapture
tax in the taxable year in which the failure to
maintain such continuity first occurs.
(B) Continuity of the qualified electing s
corporation's business.--For purposes of subparagraph
(A)(i), the term ``continuity of the qualified electing
S corporation's business'' means, under all the facts
and circumstances, either--
(i) the continuation of 1 or more of the S
corporation's historic lines of business, or
(ii) the use of a significant portion of
the S corporation's historic business assets,
whether or not such assets have a taxable
basis, in the conduct of an active trade or
business.
(C) Corporate conversion recapture tax.--For
purposes of subparagraph (A)(ii), the term ``corporate
conversion recapture tax'' means--
(i) a recomputation of the tax under
subtitle A of the Internal Revenue Code of 1986
of the partnership and the partners as if--
(I) the partnership were an S
corporation,
(II) the stock of such S
corporation was owned in the same
manner as the capital of the
partnership, and
(III) the S corporation were
dissolved and its assets distributed to
its shareholders in complete
liquidation on the last day of the
taxable year, multiplied by
(ii) a fraction--
(I) the numerator of which is the
excess (if any) of 5 over the number of
complete taxable years in which the
partnership maintains continuity of the
qualified electing S corporation's
business, and
(II) the denominator of which is 5.
(d) Basis Rules.--In the case of an eligible corporate conversion,
property in the hands of the partnership shall have the same basis as
in the hands of the qualified electing S corporation immediately prior
to the eligible corporate conversion.
(e) Method of Making Election.--In order to elect the special tax
treatment provided in subsection (b) for an eligible corporate
conversion, the qualified electing S corporation shall file a written
election claiming such treatment with the timely-filed information
return of the S corporation for the taxable year in which the eligible
corporate conversion occurs. | Requires the partnership to maintain a five- year continuity of business in order to avoid a conversion recapture tax. | {"src": "billsum_train", "title": "To provide an election for a special tax treatment of certain S corporation conversions."} | 978 | 28 | 0.500467 | 1.173161 | 0.596605 | 1.65 | 44.6 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jurisdictional Certainty Over
Digital Commerce Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the Internet is increasingly used to conduct commercial
transactions in digital goods and digital services wholly
deliverable by and on the Internet;
(2) jurisdictional certainty is an important catalyst to
further advancement of electronic commerce;
(3) digital commercial transactions in digital goods and
digital services are inherently interstate in nature;
(4) State regulation of such digital commercial
transactions creates significant and harmful burdens on
interstate commerce;
(5) State regulation of digital commercial transactions in
digital goods and digital services will seriously impede the
growth of such transactions, decreasing the viability of
electronic commerce as an alternative instrument or channel of
commerce; and
(6) while other types of transactions may deserve similar
treatment, digital commercial transactions in digital goods and
digital services are the type of transactions that most clearly
deserve protection from disparate, uncoordinated, and
inconsistent efforts by the States to regulate Interstate
commerce.
SEC. 3. FEDERAL AUTHORITY TO REGULATE COMMERCE IN DIGITAL GOODS AND
SERVICES.
(a) In General.--Responsibility and authority to regulate digital
commercial transactions is reserved solely to the Federal Government.
(b) Prohibition of State Regulation.--No State or political
subdivision thereof may enact or enforce any law, rule, regulation,
standard, or other provision having the force or effect of law that
regulates, or has the effect of regulating, digital commercial
transactions.
(c) Prohibition of Delegation to States.--Any responsibility or
authority to regulate digital commercial transactions that, pursuant to
subsection (a), is retained by the Federal government may not be
delegated, by any Federal agency or officer, to any State or political
subdivision thereof.
(d) Inapplicability to Non-Digital Commercial Transactions.--This
Act may not be construed--
(1) to modify, impair, or supersede, or to authorize the
modification, impairment, or superseding of, any authority that
any State or any political subdivision thereof may have to
regulate any commercial transaction that is not a digital
commercial transaction; or
(2) to establish any authority for a State or political
subdivision of a State to regulate any commercial transaction
that is not a digital commercial transaction, in contravention
of any limitation on such authority established under law
(including any statute, regulation, rule, or judicial
decision).
(e) Inapplicability to State Commercial Code.--This Act may not be
construed to limit, alter, supersede, or otherwise affect any
requirement under the Uniform Commercial Code, as in effect in any
State.
(f) Definitions.--For purposes of this section:
(1) Digital good.--The term ``digital good'' means any good
or product that is transferred or delivered by means of the
Internet.
(2) Digital commercial transaction.--The term ``digital
commercial transaction'' means a commercial transaction for a
digital good or digital service that is carried out in its
entirety by means of the Internet.
(3) Digital service.--The term ``digital service'' means
any service that is conducted or provided by means of the
Internet. Such term does not include any telecommunications
service, as such term is defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153), or the business of
insurance.
(4) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(5) Regulate.--
(A) In general.--The term ``regulate'' includes,
with respect to a digital commercial transaction,
taking any governmental action that restricts,
prohibits, limits, or burdens, or imposes any obstacle
or interference with, such a transaction.
(B) Exclusion.--Notwithstanding subparagraph (A),
such term does not include taking any government
action, pursuant only to specific statutory authority
for such action under the laws of such State and only
on an individual case-by-case basis, in order to
protect a party to a digital commercial transaction
from--
(i) a specific and identified threat to the
health or physical safety of such party; or
(ii) fraudulent or criminal activity
against such party.
This subparagraph may not be used by a State or
political subdivision thereof to regulate, in a general
manner, the parties to a digital commercial
transaction. | Jurisdictional Certainty Over Digital Commerce Act - Reserves solely to the Federal Government the responsibility and authority to regulate digital commercial transactions. Prohibits: (1) any State or political subdivision from enacting or enforcing any provision regulating such transactions; or (2) the delegation of such responsibility or authority to any State. Makes such reservation inapplicable to non-digital commercial transactions, and makes this Act inapplicable to Uniform Commercial Code requirements in effect in any State. | {"src": "billsum_train", "title": "To exercise authority under Article I, section 8, clause 3 of the Constitution of the United States to clearly establish jurisdictional boundaries over the commercial transactions of digital goods and services conducted through the Internet, and to foster stability and certainty over the treatment of such transactions."} | 1,037 | 110 | 0.686187 | 1.777082 | 1.500813 | 2.470588 | 11.247059 | 0.894118 |
SECTION 1. PROGRAM TO E-FILE FEDERAL INCOME TAX RETURNS.
(a) Agreement.--
(1) In general.--The Sectary of the Treasury shall enter
into an agreement with the Free File Alliance to provide a
forms-based software service for all individual taxpayers with
the ability to electronically prepare and file their Federal
returns of income tax through the Internal Revenue Service
website, free of charge, by using the standard 1040 and 1040EZ
forms and the most commonly used schedules for taxable years
beginning after 2007, and such software service to be made
available (at no cost to either the United States or the
participating taxpayers) by the Free File Alliance shall be in
addition to the products and services available to taxpayers
from Free File member companies under the terms and conditions
of the Government's agreement with the Free File Alliance
Agreement entered into on behalf of the United States by the
Commissioner of Internal Revenue on October 30, 2002, and as
subsequently amended.
(2) Term of agreement.--The agreement shall have a term of
60 months, unless terminated earlier in accordance with the
agreement, and may be renewed.
(b) Development and Operation of Program.--In providing for the
development and operation of this program, the Secretary of the
Treasury--
(1) shall enter into an agreement with the Free File
Alliance in accordance with subsection (a);
(2) shall not otherwise develop or deploy electronic tax
preparation or filing products for the same or similar
purposes;
(3) shall ensure that the requirements set forth in this
subsection are implemented in a manner consistent with the
terms, conditions, requirements, and commitments of the
Agreement entered into on behalf of the United States by the
Commissioner of Internal Revenue on October 30, 2002, as
subsequently amended, including the provision that
participating companies in the Free File program may not
advertise, market, or offer to sell any products or services to
taxpayers while using the tax preparation programs;
(4) may not compensate or allow a participating company to
charge for providing the free products and services provided
pursuant to this subsection; and
(5) shall conduct a public information and consumer
education campaign to encourage taxpayer awareness of this
program, with particular emphasis on EITC taxpayer communities.
(c) Consultation.--In providing for the deployment of this program,
the Secretary shall also consult with other entities with expertise in
this issue area, including the National Taxpayer Advocate, the
Electronic Tax Administration Advisory Committee (ETAAC), professional
and industrial organizations, nonprofit organizations, and Federal,
State, and local agencies as determined appropriate by the Secretary.
(d) Reports to Congress Regarding e-File Program.--
(1) Report on implementation.--The Secretary of the
Treasury shall report to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of
Representatives not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, regarding
the status of the implementation of this e-file program.
(2) Report on usage.--Not later than June 30 of each year
after the implementation of e-file program described in this
Act, the Secretary of the Treasury, in consultation with the
National Taxpayer Advocate and the ETAAC, shall report to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives, on taxpayer usage of
such e-file program.
SEC. 2. BUSINESS RESPONSIBILITY STANDARDS.
Members of the Free File Alliance must meet the standards set forth
in section 9.104-1 of title 48, Code of Federal Regulations, that would
be used by the Federal Government to evaluate the business
responsibility of a company and the commerciality of its offered
product or service if such company were being considered as a contract
source for the purchase of commercial products or services for the
Federal Government's end use.
SEC. 3. RETURN-FREE TAX SYSTEM.
Neither the Secretary of the Treasury nor any delegate of the
Secretary may implement a return-free tax system under which
individuals would be permitted to comply with the Internal Revenue Code
of 1986 without making the return required under section 6012 of such
Code for taxable years beginning after 2007, unless the authorization
to implement such a system is enacted into law by an Act of Congress
after the date of the enactment of this Act. | Requires the Secretary of the Treasury to enter into an agreement with the Free File Alliance to provide a forms-based software service for all individual taxpayers to electronically prepare and file their federal income tax returns through the Internal Revenue Service (IRS) website, free of charge, for taxable years beginning after 2007.
Requires the Free File Alliance to meet certain standards promulgated by the federal government for business responsibility and commerciality of products or services.
Prohibits the Secretary from implementing a return-free tax system for taxable years beginning after 2007, unless authorized to do so by an Act of Congress. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to enter into an agreement with the Free File Alliance to provide for electronic filing of individual Federal income tax returns free of charge."} | 927 | 132 | 0.570059 | 1.693044 | 0.579877 | 4.789474 | 7.824561 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Loan Program for
Our Troops Act'' or the ``HELP Our Troops Act''.
SEC. 2. DEFERMENT OF STUDENT LOANS DURING ACTIVE MILITARY SERVICE.
(a) Federal Family Education Loans.--Section 428(b)(1)(M) (20
U.S.C. 1078(b)(1)(M)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following new
clause:
``(iii) not in excess of 3 years during
which the borrower--
``(I) is serving on active duty
during a war or other military
operation or national emergency; or
``(II) is performing qualifying
National Guard duty during a war or
other military operation or national
emergency; or''.
(b) Direct Loans.--Section 455(f)(2) (20 U.S.C. 1087e(f)(2)) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) not in excess of 3 years during which the
borrower--
``(i) is serving on active duty during a
war or other military operation or national
emergency; or
``(ii) is performing qualifying National
Guard duty during a war or other military
operation or national emergency; or''.
(c) Perkins Loans.--Section 464(c)(2)(A) (20 U.S.C.
1087dd(c)(2)(A)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following new
clause:
``(iii) not in excess of 3 years during
which the borrower--
``(I) is serving on active duty
during a war or other military
operation or national emergency; or
``(II) is performing qualifying
National Guard duty during a war or
other military operation or national
emergency;''.
(d) Definitions.--Section 435 (20 U.S.C. 1085) is amended by
inserting after subsection (m) the following new subsection:
``(n) Definitions for Military Deferments.--For purposes of this
part and parts D and E:
``(1) Active duty.--The term `active duty' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
``(2) Military operation.--The term `military operation'
means a contingency operation as such term is defined in
section 101(a)(13) of title 10, United States Code.
``(3) National emergency.--The term `national emergency'
means a national emergency declared by the President of the
United States.
``(4) Serving on active duty.--The term `serving on active
duty during a war or other military operation or national
emergency' means service by an individual who is--
``(A) a Reserve of an Armed Force ordered to active
duty under section 12301(a), 12301(g), 12302, 12304, or
12306 of title 10, United States Code, or any retired
member of an Armed Force ordered to active duty under
section 688 of such title, for service in connection
with a war or other military operation or national
emergency, regardless of the location at which such
active duty service is performed; and
``(B) any other member of an Armed Force on active
duty in connection with such emergency or subsequent
actions or conditions who has been assigned to a duty
station at a location other than the location at which
such member is normally assigned.
``(5) Qualifying national guard duty.--The term `qualifying
National Guard duty during a war or other military operation or
national emergency' means service as a member of the National
Guard on full-time National Guard duty (as defined in section
101(d)(5) of title 10, United States Code) under a call to
active service authorized by the President or the Secretary of
Defense for a period of more than 30 consecutive days under
section 502(f) of title 32, United States Code, in connection
with a war, another military operation, or a national emergency
declared by the President and supported by Federal funds.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to loans for which the first disbursement is made on
or after July 1, 1993, to an individual who is a new borrower (within
the meaning of section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003)) on or after such date. | Higher Education Loan Program for Our Troops Act - HELP Our Troops Act - Amends the Higher Education Act of 1965 to provide an interest-free deferment of student loan repayment for federal student loan borrowers during active military service. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to provide an interest-free deferment of student loan repayment for Federal student loan borrowers during active military service."} | 1,138 | 54 | 0.506654 | 1.194668 | 0.733675 | 3.095238 | 23.595238 | 0.857143 |
SECTION 1. ADDITIONAL CERTIFICATION REGARDING DRUG-PRODUCING AND DRUG-
TRANSIT COUNTRIES.
(a) Additional Certification.--
(1) In general.--Subsection (b)(1) of section 490 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) during the previous year, the country--
``(i) has cooperated with the United
States, or has taken steps on its own, to
achieve compliance with the goals and
objectives established by the United Nations
Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances; but;
``(ii) has not made adequate progress
toward meeting certain plans, programs, or
timetables (including plans, programs, or
timetables relating to the Convention)
identified in the most recent report of the
President under section 489(a)(4); or''; and
(D) in subparagraph (C), as so redesignated, by
inserting ``or (B)'' after ``subparagraph (A)''.
(2) Conforming amendments.--That section is further
amended--
(A) in subsection (b)(3), by striking ``paragraph
(1)(B)'' and inserting ``paragraph (1)(C)'';
(B) in subsection (c), by striking ``subsection
(b)(1)(A)'' and inserting ``subparagraph (A) or (B) of
subsection (b)(1)''; and
(C) in subsection (f)--
(i) in paragraph (1), by striking
``subsection (b)(1)(A) or (b)(1)(B)'' and
inserting ``subsection (b)''; and
(ii) in paragraph (2)--
(I) by striking ``subsection
(b)(1)(B)'' each place it appears and
inserting ``subsection (b)(1)(C)''; and
(II) in clause (ii)(I), by striking
``subsection (b)(1)(A)'' and inserting
``subsection (b)(1)(A) or (b)(1)(B)''.
(b) Additional Requirements Relating to Qualified Certification.--
That section is further amended by adding at the end the following:
``(i) Additional Requirements Relating to Qualified
Certification.--
``(1) High-level contact group.--In the event of a
certification with respect to a country under subsection
(b)(1)(B), a high-level contact group should be convened
consisting of, but not limited to, the following officials (or
their designees) from the United States and their counterparts
from the country:
``(A) The Attorney General.
``(B) The Director of the Office of National Drug
Control Policy.
``(C) The Secretary of the Treasury.
``(D) The Secretary of State.
``(E) The Administrator of the Drug Enforcement
Administration.
``(F) The Director of the Federal Bureau of
Investigation.
``(G) The Commissioner of Customs.
``(2) Responsibilities.--
``(A) In general.--Each high-level contact group
with respect to a country should establish specific,
achievable benchmarks for the country for each plan,
program, and timetable referred to in subsection
(b)(1)(B)(ii) for which inadequate progress has been
made.
``(B) Purpose.--The purpose of a benchmark under
this paragraph is to permit the United States and the
country concerned to verify in an objective manner the
progress of the country under the plan, program, or
timetable concerned.
``(C) Elements.--Each benchmark under this
paragraph shall--
``(i) establish one or more specific,
measurable goals or objectives with respect
each plan, program, or timetable concerned,
including a goal or objective relating to
arrests, extradition, eradication of drug-
related crops, money-laundering, and other
appropriate matters; and
``(ii) fix the time in which each such goal
or objective is to be met.
``(3) Deadline.--A high-level contact group with respect to
a country should complete its activities under paragraph (2)
not later than 60 days after the date of the certification with
respect to the country under subsection (b)(1)(B).
``(4) Benchmark report.--
``(A) Requirement.--Not later than September 1 each
year, the President shall, after consultation with the
Attorney General, submit to Congress a report setting
forth the benchmarks established under this subsection
during that year.
``(B) Elements.--A report under subparagraph (A)
shall--
``(i) identify each country covered by the
report;
``(ii) set forth each benchmark established
with respect to the country; and
``(iii) describe any progress made by the
country in meeting each such benchmark.
``(5) Report on progress.--With respect to each country for
which benchmarks are established under this subsection in a
year, the President shall, after consultation with the Attorney
General, include in the report submitted to Congress under
section 489(a) in the following year a report that describes
the progress made by the country in meeting such benchmarks.
``(j) Use of Benchmarks in Future Certifications.--In the case of a
country for which benchmarks are established under subsection (i) in a
year, the President shall place the greatest emphasis on the progress
made by the country with respect to each such benchmark (as described
in the report under paragraph (5) of that subsection) in making a
certification with respect to the country under this section in the
following year.''.
(c) Applicability to Mexico.--It is the sense of Congress that--
(1) a high-level contact group should be convened with
respect to Mexico in 1998, as described in subsection (i) of
section 490 of the Foreign Assistance of 1961, as added by
subsection (b);
(2) the provisions of such subsection (i) should apply to
the activities of the contact group; and
(3) the provisions of subsection (j) of that section, as so
added, should apply to the certification of Mexico in 1999
under such section. | Amends the Foreign Assistance Act of 1961 to revise certification standards for waiver of the requirements that: (1) bilateral assistance be withheld from a major illicit drug producing country or major drug-transit country; and (2) the Secretary of the Treasury instruct the U.S. Executive Director of each multilateral development bank to vote against the provision of assistance to such countries under the international narcotic control program. Allows waiver of such requirements, in addition to other certification standards, if during the previous year such a country has cooperated with the United States, or has taken steps on its own, to achieve compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, but has not made adequate progress toward meeting certain plans, programs, or timetables (including any relating to the Convention) identified in a specified report of the President to the Congress.
Declares that, with respect to such a country, a high-level contact group should be convened consisting of, but not limited to, specified U.S. officials and their counterparts from the country. Requires each high-level group to establish specific, achievable benchmarks for the country for each plan, program, and timetable for which inadequate progress has been made. Directs the President to place the greatest emphasis on the progress made by the country with respect to such benchmarks in making certifications for such country in the following year.
Expresses the sense of the Congress that: (1) a high-level contact group should be convened with respect to Mexico in 1998; and (2) any benchmarks the group establishes should be used in its certification in 1999. | {"src": "billsum_train", "title": "A bill to amend section 490 of the Foreign Assistance Act of 1961 to establish an additional certification with respect to major drug-producing and drug-transit countries, and for other purposes."} | 1,486 | 364 | 0.570319 | 1.807983 | 0.642828 | 4.025 | 4.1125 | 0.8875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Trail Interpretive Center
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the nineteenth century westward movement in the United
States over the California National Historic Trail, which
occurred from 1840 until the completion of the transcontinental
railroad in 1869, was an important cultural and historical
event in--
(A) the development of the western land of the
United States; and
(B) the prevention of colonization of the west
coast by Russia and the British Empire;
(2) the movement over the California Trail was completed by
over 300,000 settlers, many of whom left records or stories of
their journeys; and
(3) additional recognition and interpretation of the
movement over the California Trail is appropriate in light of--
(A) the national scope of nineteenth century
westward movement in the United States; and
(B) the strong interest expressed by people of the
United States in understanding their history and
heritage.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the California Trail, including the
Hastings Cutoff and the trail of the ill-fated Donner-Reed
Party, for its national, historical, and cultural significance;
and
(2) to provide the public with an interpretive facility
devoted to the vital role of the California Trail and other
trails in the West in the development of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) California trail.--The term ``California Trail'' means
the California National Historic Trail, established under
section 5(a)(18) of the National Trails System Act (16 U.S.C.
1244(a)(18)).
(2) Center.--The term ``Center'' means the California Trail
Interpretive Center established under section 4(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(4) State.--The term ``State'' means the State of Nevada.
SEC. 4. CALIFORNIA TRAIL INTERPRETIVE CENTER.
(a) Establishment and Operation.--In furtherance of the purposes of
section 7(c) of the National Trails System Act (16 U.S.C. 1246(c)), the
Secretary may establish and operate an interpretive center, to be known
as the ``California Trail Interpretive Center'', near the city of Elko,
Nevada, to preserve and interpret the history of development and use of
the California Trail in the settling of the American West.
(b) Development Plan.--The Secretary shall prepare a plan for the
establishment and operation of the Center that includes--
(1) a detailed description of the design of the Center;
(2) a description of the site on which the Center is to be
located;
(3) a description of the method and estimated cost of
acquisition of the site on which the Center is to be located;
(4) an estimate of the cost of construction of the Center;
(5) an estimate of the cost of operation and maintenance of
the Center; and
(6) a description of the manner and extent to which non-
Federal entities will participate in the acquisition,
construction, and operation of the Center.
(c) Special Considerations.--
(1) Master plan study.--In preparing the development plan
required by subsection (b) and establishing the Center, the
Secretary shall consider the findings contained in the master
plan study for the California Trail Interpretive Center
prepared pursuant to the authorization on page 15 of Senate
Report 106-99 to accompany the Department of the Interior and
Related Agencies Appropriations Bill, 2000 (S. 1292).
(2) Local participation.--The Secretary may provide for
local review of, and input concerning, the establishment and
operation of the Center by the Advisory Board for the National
Historic California Emigrant Trails Interpretive Center of the
city of Elko, Nevada.
(d) Acquisition Authority.--The Secretary may acquire land and
interests in land for the construction of the Center by--
(1) donation;
(2) purchase with donated or appropriated funds; or
(3) exchange.
(e) Operation and Maintenance Budget.--The Secretary shall
periodically prepare a budget and funding request for the maintenance
and operation of the Center.
(f) Cooperative Agreements.--The Secretary may enter into a
cooperative agreement with--
(1) the State regarding the provision by the State of
assistance in--
(A) the removal of snow from roads serving the
Center;
(B) rescue, firefighting, and law enforcement
services for the Center; and
(C) the coordination of activities of nearby law
enforcement and firefighting departments or agencies;
and
(2) a Federal, State, or local agency to develop or operate
facilities and services to carry out this Act.
(g) Acceptance and Use of Contributions.--
(1) Authority to accept.--Notwithstanding any other
provision of law, the Secretary may accept donations of funds,
property, or services from an individual, foundation,
corporation, or public entity to assist the Secretary in
establishing or operating the Center.
(2) State and local contributions.--The Secretary shall
accept contributions for the Center (to be payable during the
construction of the Center) from--
(A) the State, in the amount of $3,000,000;
(B) Elko County, Nevada, in the amount of
$1,000,000; and
(C) the city of Elko, Nevada, in the amount of
$2,000,000.
(3) Use of contributions.--The Secretary shall use
contributions received under this subsection to establish and
operate the Center.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary $12,000,000
to establish the Center. | Instructs the Secretary to: (1) prepare a development plan according to prescribed guidelines; and (2) consider the findings of a certain master plan study for such Center.
Authorizes appropriations. | {"src": "billsum_train", "title": "California Trail Interpretive Center Act"} | 1,273 | 42 | 0.329401 | 0.879586 | -0.099015 | 1.710526 | 31.078947 | 0.815789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Improvements Revitalize the
Economy Act of 2009'' or the ``HIRE Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the home furnishing and building products market lost
$67 billion in direct economic value from 2007 to 2008,
(2) it is expected to lose another $74 billion from 2008 to
2009,
(3) 273,000 American jobs were lost in 2008 in this sector
and 299,000 jobs are expected to be lost in the sector in 2009,
and
(4) temporary, timely, and targeted efforts are necessary
to save and create jobs in this sector.
SEC. 3. DEDUCTION FOR PURCHASES OF PERSONAL USE BUILDING PRODUCTS AND
HOME FURNISHINGS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. BUILDING PRODUCTS AND HOME FURNISHINGS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
the cost paid or incurred during the taxable year by the taxpayer for
qualified building products and home furnishings.
``(b) Maximum Deduction.--
``(1) In general.--The amount allowable as a deduction
under subsection (a) to the taxpayer for any taxable year shall
not exceed $2,000 in the case of a joint return ($1,000 in any
other case).
``(2) Doubling of limitation for products meeting
environmental standards.--
``(A) In general.--In the case of qualified
building products and home furnishings which meet
recognized environmental standards, the dollar
limitation otherwise applicable under paragraph (1)
shall be increased by the lesser of--
``(i) such limitation, or
``(ii) the cost of qualified building
products and home furnishings paid or incurred
by the taxpayer during the taxable year for
property meeting such standards.
``(B) Recognized environmental standards.--For
purposes of subparagraph (A), the term `recognized
environmental standards' means--
``(i) LEED, Green Globes, and Energy Star
standards, and
``(ii) any other widely recognized (or
third-party verified) national or industry
environmental standards having a positive life
cycle analysis.
``(c) Adjusted Gross Income Limitation.--
``(1) In general.--The dollar limitation applicable under
subsection (b) shall be reduced (but not below zero) by the
amount which bears the same ratio to such limitation as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) the applicable limitation, bears to
``(B) $10,000 ($20,000 in the case of a joint
return).
``(2) Applicable limitation.--For purposes of paragraph
(1), the applicable limitation is--
``(A) $300,000 in the case of a joint return, and
``(B) $150,000 in any other case.
``(3) Modified adjusted gross income.--For purposes of this
section, the term `modified adjusted gross income' means
adjusted gross income determined--
``(A) without regard to this section and sections
199, 911, 931, and 933, and
``(B) after application of sections 86, 135, 137,
219, 221, 222, and 469.
``(4) Rounding.--Any amount determined under this
subsection which is not a multiple of $10 shall be rounded to
the next lowest $10.
``(d) Qualified Building Products and Home Furnishings.--For
purposes of this section--
``(1) In general.--The term `qualified building products
and home furnishings' means--
``(A) any building product which is installed or
applied (within 6 months after being purchased by the
taxpayer) in or on a dwelling unit located in the
United States and owned and used by the taxpayer as the
taxpayer's principal residence (within the meaning of
section 121), and
``(B) any tangible personal property which is used
to furnish such dwelling unit,
but only if the original use of such product or property begins
with the taxpayer.
``(2) Exceptions.--Such term shall not include--
``(A) home electronics, including televisions,
radios, entertainment systems, and computers,
``(B) home appliances, including refrigerators,
ovens, dishwashers, clothes washers and dryers,
``(C) housewares,
``(D) artwork, photographs, and other home
decorations, and
``(E) property for which depreciation (or
amortization in lieu of depreciation) is allowable.
``(e) Cost.--The cost of property taken into account under this
section shall include labor costs properly allocable to the onsite
preparation, assembly, application, or original installation of the
property.
``(f) Termination.--This section shall not apply to amounts paid or
incurred after December 31, 2011.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
adding at the end the following new paragraph:
``(22) Purchases of building products and home
furnishings.--The deduction allowed by section 224.''.
(c) Conforming Amendments.--
(1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A),
199(d)(2)(A), 219(g)(3)(A)(ii), and 221(b)(2)(C)(i) of such
Code are each amended by inserting ``224,'' after ``222,''.
(2) Section 222(b)(2)(C) of such Code is amended by
striking ``and 933'' and inserting ``933, and 224''.
(3) Section 469(i)(3)(F)(iii) of such Code is amended by
striking ``and 222'' and inserting ``222, and 224''.
(4) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the last item and
inserting the following new items:
``Sec. 224. Building products and home furnishings.
``Sec. 225. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 4. CREDIT FOR PURCHASES OF PERSONAL USE BUILDING PRODUCTS AND HOME
FURNISHINGS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. BUILDING PRODUCTS AND HOME FURNISHINGS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 20 percent of the cost paid or
incurred during the taxable year by the taxpayer for qualified building
products and home furnishings.
``(b) Maximum Credit.--
``(1) In general.--The amount of credit allowed under this
section for the taxable year shall not exceed $500 in the case
of a joint return ($250 in any other case).
``(2) Doubling of limitation for products meeting
environmental standards.--A rule similar to the rule of section
224(b)(2) shall apply for purposes of paragraph (1).
``(c) Adjusted Gross Income Limitation.--The dollar limitation
under subsection (b) shall be reduced as provided in section 224(c);
except that, for purposes of this section, the term `modified adjusted
gross income' means adjusted gross income determined without regard to
sections 911, 931, and 933.
``(d) Qualified Building Products and Home Furnishings.--For
purposes of this section, the term `qualified business products and
home furnishings' has the meaning given to such term by section 224(d).
``(e) Coordination With Deduction.--No credit shall be allowed
under this section for the taxable year to any taxpayer who claims a
deduction under section 224 for such year.
``(f) Cost.--The cost of property taken into account under this
section shall include labor costs properly allocable to the onsite
preparation, assembly, application, or original installation of the
property.
``(g) Termination.--This section shall not apply to amounts paid or
incurred after December 31, 2011.''.
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by adding at the end the following new item:
``Sec. 25E. Building products and home furnishings.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 5. REFUNDABLE CREDIT FOR PURCHASES OF BUILDING PRODUCTS AND
FURNISHINGS FOR RESALE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45R. PURCHASES OF BUILDING PRODUCTS AND HOME FURNISHINGS FOR
RESALE.
``(a) In General.--For purposes of section 38, the building
products and home furnishings for resale credit determined under this
section for the taxable year is an amount equal to 10 percent of the
cost paid or incurred by the taxpayer during the taxable year for
qualified buildings products and home furnishings purchased by the
taxpayer for resale to customers.
``(b) Maximum Credit.--The amount of credit allowable under this
section to the taxpayer for any taxable year shall not exceed $10,000.
``(c) Qualified Building Products and Home Furnishings.--For
purposes of this section--
``(1) In general.--The term `qualified building products
and home furnishings' means any tangible personal property of a
type--
``(A) used to construct, repair, or improve a
personal residence, or
``(B) used primarily within a personal residence.
``(2) Exception.--Such term shall not include property
described in subparagraph (A), (B), (C), or (D) of section
224(d)(2).
``(d) Controlled Groups.--For purposes of this section, all persons
treated as a single employer under subsection (a) or (b) of section 52
or subsection (m) or (o) of section 414 shall be treated as 1 taxpayer,
and the dollar limitation in subsection (b) shall be allocated among
such persons in such manner as the Secretary shall prescribe.
``(e) Termination.--This section shall not apply to amounts paid or
incurred after December 31, 2011.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(36) the building products and home furnishings for
resale credit determined under section 45R(a).''.
(c) Credit To Be Refundable.--Subsection (c) of section 38 of such
Code (relating to limitation based on amount of tax) is amended by
redesignating paragraph (5) as paragraph (6) and by inserting after
paragraph (4) the following new paragraph:
``(5) Special rules for credit for building products and
home furnishings for resale.--In the case of the credit
determined under section 45R--
``(A) this section and section 39 shall be applied
separately with respect to such credit,
``(B) in applying paragraph (1) to such credit--
``(i) the tentative minimum tax shall be
treated as being zero, and
``(ii) the limitation under paragraph (1)
(as modified by subclause (I)) shall be reduced
by the credit allowed under subsection (a) for
the taxable year (other than the credit
determined under section 45R), and
``(iii) the amount of the credit determined
under section 45R in excess of the limitation
under paragraph (1) (as modified by subclause
(II)) shall be treated as a credit under
subpart C.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45R. Purchases of building products and home furnishings for
resale.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2008. | Home Improvements Revitalize the Economy Act of 2009 or the HIRE Act of 2009 - Amends the Internal Revenue Code to allow: (1) an income-based tax deduction (up to $2,000) for the purchase of residential building products and furnishings (up to $4,000 for products and furnishings that meet specified environmental standards); (2) a tax credit for 20% (up to $500) of the purchase price of residential building products and furnishings; and (3) a general business tax credit for the purchase of residential building products and furnishings for resale to customers. Terminates such deduction and credits after 2011. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage individuals to purchase building products and home furnishings, and for other purposes."} | 3,055 | 125 | 0.541064 | 1.478925 | 0.612084 | 1.866667 | 22.175 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montana Mineral Conveyance Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) under section 503(a)(2) of the Department of the
Interior and Related Agencies Appropriations Act, 1998 (Public
Law 105-83; 111 Stat. 1617), the Secretary of the Interior has
conveyed mineral rights in certain very large tracts of coal to
the State of Montana, the tracts of which lie as near as 3 or 4
miles east of the Northern Cheyenne Indian Reservation;
(2) development of the coal tracts and other existing and
proposed major developments of Federal, State, and private
energy resources in areas surrounding the Northern Cheyenne
Indian Reservation yield substantial public revenues to the
State (including political subdivisions of the State), thereby
assisting the State (including political subdivisions of the
State) in addressing the impacts of the development;
(3) although the Northern Cheyenne tribal community
chronically suffers harsh economic conditions and severe
deficits in public services and facilities, the community does
not share in any significant portion of the public revenues
generated by surrounding energy development;
(4) the Northern Cheyenne Tribe has few, if any, sources of
revenue available to address development impacts;
(5) in 2002, the Tribe brought suit against the Secretary,
asserting that the proposed conveyances of the extensive
Federal coal tracts to the State under the Department of the
Interior and Related Agencies Appropriations Act, 1998 (Public
Law 105-83; 111 Stat. 1543) would violate--
(A) several Federal laws (including regulations);
and
(B) the Federal trust responsibility to the Tribe;
(6) subsequently, the Tribe withdrew the suit described in
paragraph (5) with prejudice, based in substantial part on
commitments that legislation substantially in the form of this
Act (and further legislation providing funding to the Tribe to
address the impacts of coal development in areas adjoining the
Reservation) would be introduced and pursued with support from
the State, Great Northern Properties, and others;
(7) the Tribe asserts that the Tribe retains claims against
the United States arising from the failure of the United States
to acquire mineral rights underlying approximately 5,000 acres
of Reservation land when the Reservation, at the direction of
Congress, was expanded eastward to the Tongue River in 1900,
the mineral rights of which, as of the date of enactment of
this Act, are owned by Great Northern Properties; and
(8) if the conveyances of mineral rights are carried out
under this Act, the Tribe will waive all legal claims against
the United States arising from the longstanding and continuing
loss of the Tribe of mineral rights relating to the Reservation
land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cheyenne tracts.--The term ``Cheyenne tracts'' means
the aggregate tract of land that--
(A) is located in the eastern portion of the State
within the boundaries of the Reservation;
(B) comprises approximately 5,000 acres;
(C) is generally depicted on the map entitled
``Cheyenne Coal Land Conveyance'' and dated April 7,
2010; and
(D) is comprised of land located in--
(i) T. 2 S., R. 44 E., sec. 17;
(ii) T. 2 S., R. 44 E., sec. 19, E\1/2\ and
E\1/2\W\1/2\, Lots 1-4;
(iii) T. 3 S., R. 44 E., sec. 5, S\1/2\ and
S\1/2\N\1/2\, Lots 1-4;
(iv) T. 3 S., R. 44 E., sec. 7, E \1/2\ and
E\1/2\W\1/2\, Lots 1-4;
(v) T. 3 S., R. 44 E., sec. 9, N\1/2\,
SW\1/4\, and W\1/2\SE\1/4\, Lots 2-4;
(vi) T. 3 S., R. 44 E., sec. 17;
(vii) T. 3 S., R. 44 E., sec. 19, E\1/2\
and E\1/2\W\1/2\, Lots 1-4; and
(viii) T. 3 S., R. 44 E., sec. 21, N\1/2\,
SW\1/4\, and SW\1/4\ SE\1/4\, Lots 1 and 2.
(2) Federal tracts.--The term ``Federal tracts'' means the
unleased tracts of land that--
(A) are located in the State;
(B) are located outside of the boundaries of the
Reservation;
(C) consist of approximately 5,000 acres;
(D) are generally depicted on the map entitled
``Federal Coal Land Conveyance'' and dated March 18,
2011; and
(E) are comprised of land located in--
(i) T. 3 S., R. 44 E., sec. 26, S\1/2\;
(ii) T. 3 S., R. 44 E., sec. 34;
(iii) T. 3 S., R. 45 E., sec. 30, E\1/
2\SW\1/4\ and SE\1/4\, Lots 1-4;
(iv) T. 4 S., R. 44 E., sec. 2, S\1/2\N\1/
2\ and S\1/2\, Lots 1-4;
(v) T. 6 N., R. 27 E., sec. 4, S\1/2\N\1/2\
and S\1/2\, Lots 1-4;
(vi) T. 6 N., R. 27 E., sec. 8;
(vii) T. 6 N., R. 27 E., sec. 10;
(viii) T. 6 N., R. 27 E., sec. 14; and
(ix) T. 6 N., R. 27 E., sec. 22.
(3) Great northern properties.--The term ``Great Northern
Properties'' means--
(A) the Great Northern Properties Limited
Partnership, which is a Delaware limited partnership;
and
(B) any successor to the ownership interest of
Great Northern Properties in any coal or iron that
underlies the Cheyenne tracts.
(4) Reservation.--The term ``Reservation'' means the
Northern Cheyenne Reservation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Montana.
(7) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 4. MINERAL RIGHTS CONVEYANCES.
(a) In General.--Notwithstanding any other Federal law (including
regulations) that otherwise applies to the conveyance of any Federal
coal right, title, or interest, if Great Northern Properties conveys to
the Tribe all mineral interests of Great Northern Properties underlying
the Cheyenne tracts in accordance with this Act, the Secretary shall
convey to Great Northern Properties all right, title, and interest of
the United States in and to the coal underlying the Federal tracts.
(b) Immunities.--The mineral interests underlying the Cheyenne
tracts conveyed to the Tribe under subsection (a) shall not be subject
to taxation by the State (including any political subdivision of the
State).
SEC. 5. TERMS AND CONDITIONS OF MINERAL CONVEYANCES.
(a) Waiver of Legal Claims.--In return for the mineral conveyances
under section 4(a), the Tribe shall waive each claim relating to the
failure of the United States to acquire in trust for the Tribe as part
of the Reservation the private mineral interests underlying the
Cheyenne tracts.
(b) Condition.--As a condition of the mineral conveyances by the
Secretary under section 4(a), the Tribe and Great Northern Properties
shall jointly notify the Secretary in writing that the Tribe and Great
Northern Properties have agreed on a formula for the sharing of revenue
from coal produced from any portion of the Federal tracts.
(c) Completion of Mineral Conveyances.--Notwithstanding any other
Federal law (including regulations) that otherwise applies to the
conveyance of any Federal coal right, title, or interest, after
satisfaction of the condition described in subsection (b) and not later
than 90 days after the date on which the Secretary receives written
notification under subsection (b), the mineral conveyances under
section 4(a) shall be completed in a single transaction.
(d) Rescission of Mineral Conveyances.--
(1) In general.--If any portion of the mineral conveyances
under section 4(a) is invalidated by a Federal district court,
and the judgment of the Federal district court is not vacated
or reversed on appeal, the Secretary or Great Northern
Properties may rescind completely each mineral conveyance under
section 4(a).
(2) Effect.--If the Secretary or Great Northern Properties
carries out a rescission under paragraph (1), the waiver of the
Tribe under subsection (a) shall be considered to be rescinded.
SEC. 6. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.
No sums or other benefits provided to the Tribe under this Act
shall result in the reduction or denial of any Federal services,
benefits, or programs to the Tribe or to any member of the Tribe to
which the Tribe or member is entitled or eligible because of--
(1) the status of the Tribe as a federally recognized
Indian tribe; or
(2) the status of the member as a member of the Tribe.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary. | Montana Mineral Conveyance Act - Requires the Secretary of the Interior, if Great Northern Properties Limited Partnership (the Great Northern Properties) conveys to the Northern Cheyenne Indian Tribe all its mineral interests underlying specified aggregate tracts of land in Montana within the Tribe's reservation (the Cheyenne tracts), to convey to Great Northern Properties all interest of the United States in and to the coal underlying specified unleased federal tracts in Montana outside of the Tribe's reservation.
Requires the Northern Cheyenne Tribe to waive each legal claim relating to the failure of the United States to acquire in trust for the Tribe the private mineral interests underlying the Cheyenne tracts as part of the Tribe's reservation.
Instructs the Northern Cheyenne Tribe and Great Northern Properties to jointly notify the Secretary in writing when they have agreed on a formula for the sharing of revenue from the coal produced from the federal tracts. | {"src": "billsum_train", "title": "A bill to authorize the conveyance of mineral rights by the Secretary of the Interior in the State of Montana, and for other purposes."} | 2,204 | 208 | 0.611542 | 1.716944 | 0.915578 | 4.466667 | 11.284848 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Land Reclamation
Reform Act of 2004''.
SEC. 2. ABANDONED MINE RECLAMATION FUND.
(a) In General.--Section 401(c) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231(c)) is amended--
(1) by striking paragraphs (2) and (6); and
(2) by redesignating paragraphs (3) through (5) and (7)
through (13) as paragraphs (2) through (11), respectively.
(b) Conforming Amendment.--Section 712(b) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by
striking ``section 401(c)(11)'' and inserting ``section 401(c)(9)''.
SEC. 3. RECLAMATION FEE.
Section 402 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232) is amended--
(1) in subsection (a)--
(A) by striking ``35'' and inserting ``25'';
(B) by striking ``15'' and inserting ``12''; and
(C) by striking ``10 cents'' and inserting ``8
cents'';
(2) in subsection (b), by striking ``2004,'' and all that
follows through the end and inserting ``2014.''; and
(3) in subsection (g)--
(A) in paragraph (1)(D), by striking ``in any area
under paragraph (2), (3), (4), or (5)'' and inserting
``under paragraph (5)'';
(B) by striking paragraph (2) and inserting the
following:
``(2) In making grants under paragraph (1)(C) and (5), the
Secretary shall ensure that States and Indian tribes comply
strictly with the priorities specified in section 403(a) until
a certification is made under section 411(a).'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``paragraphs (2) and'' and
inserting ``paragraph'';
(ii) in subparagraph (A), by striking
``401(c)(11)'' and inserting ``401(c)(9)''; and
(iii) by adding at the end the following:
``(E) For the purpose of paragraph (8).'';
(D) in paragraph (5)--
(i) in the first sentence, by striking
``The Secretary shall allocate 40'' and
inserting ``(A) The Secretary shall allocate
60'';
(ii) in the last sentence, by striking
``Funds allocated or expended by the Secretary
under paragraphs (2), (3), or (4) of this
subsection'' and inserting ``Funds made
available under paragraph (3) or (4)''; and
(iii) by adding at the end the following:
``(B) Any amount that is reallocated and available
under section 411(h)(3) shall be in addition to amounts
that are allocated under subparagraph (A).''; and
(E) by striking paragraphs (6), (7), and (8) and
inserting the following:
``(6)(A) In this paragraph, the term `qualified hydrologic
unit' means a hydrologic unit--
``(i) in which the water quality has been
significantly affected by acid mine drainage from coal
mining practices in a manner that adversely affects
biological resources; and
``(ii) that contains land and water that is--
``(I) eligible under section 404 and
appropriate for the expenditure of moneys from
the fund for the purposes specified in section
403(a); and
``(II) the subject of expenditures by the
State from the forfeiture of a bond filed under
section 509 or from any other State source to
abate and treat acid mine drainage.
``(B) Any State with an approved abandoned mine reclamation
program under section 405 may receive and retain, without
regard to the 3-year limitation referred to in paragraph
(1)(D), up to 10 percent of the total amount of the grants made
annually to the State under paragraphs (1) and (5) if--
``(i) the amount retained is deposited in an acid
mine drainage abatement and treatment fund established
under State law; and
``(ii) the amount deposited under clause (i)
(together with all interest earned on the amount) is
expended by the State for the abatement of the causes
and the treatment of the effects of acid mine drainage
in a comprehensive manner within qualified hydrologic
units affected by coal mining practices.
``(7) In complying with the priorities specified in section
403(a), any State or Indian tribe may expend amounts available
in grants made annually to the State or tribe under paragraphs
(1) and (5) for projects for the purpose specified in section
403(a)(3) prior to the completion of reclamation projects under
paragraphs (1) and (2) of section 403(a) only if the
expenditure is made in conjunction with the expenditure of
funds for reclamation projects under paragraphs (1) and (2) of
section 403(a).
``(8) In making grants referred to in paragraph (1)(C), the
Secretary, using amounts allocated to a State or Indian tribe
under subparagraph (A) or (B) of paragraph (1), or as necessary
amounts available to the Secretary under paragraph (3), shall
ensure that total grant awards of not less than $2,000,000 are
made annually to each State, including Tennessee, and each
Indian tribe.''.
SEC. 4. OBJECTIVES OF FUND.
Section 403 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1233(a)) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``general
welfare,'';
(B) in paragraph (2)--
(i) by striking ``health, safety, and
general welfare'' and inserting ``health and
safety''; and
(ii) by inserting ``and'' after the
semicolon at the end; and
(C) by striking paragraphs (4) and (5);
(2) in subsection (b)--
(A) by striking the subsection heading and
inserting ``Water Supply Restoration.--''; and
(B) in paragraph (1), by striking ``up to 30
percent of the''; and
(3) in the second sentence of subsection (c), by inserting
``, subject to the approval of the Secretary,'' after
``amendments''.
SEC. 5. RECLAMATION OF RURAL LAND.
Section 406 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1236) is amended--
(1) in subsection (h), by striking ``Soil Conservation
Service'' and inserting ``Natural Resources Conservation
Service''; and
(2) by adding at the end the following:
``(i) There are authorized to be
appropriated to the Secretary of Agriculture,
from amounts in the Treasury other than amounts
in the fund, such sums as are necessary to
carry out this section.''.
SEC. 6. LIENS.
Section 408(a) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1238) is amended in the last sentence by striking ``who
owned the surface prior to May 2, 1977, and''.
SEC. 7. CERTIFICATION.
Section 411 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1240a) is amended by adding at the end the following:
``(h) State Share for Certified States and Indian Tribes.--
``(1) Definitions.--In this subsection:
``(A) Qualified state or Indian tribe.--The term
`qualified State or Indian tribe' means a State or
Indian tribe--
``(i) for which a certification is made
under subsection (a); and
``(ii) in which there is public domain land
available for leasing under the Mineral Leasing
Act (30 U.S.C. 181 et seq.).
``(B) Non-qualified state or indian tribe.--The
term `non-qualified State or Indian tribe' means a
State or Indian tribe--
``(i) for which certification is made under
subsection (a); and
``(ii) in which there is no public domain
land available for leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.).
``(2) Payments to qualified states and indian tribes.--From
amounts referred to in section 35(a) of the Mineral Leasing Act
(30 U.S.C. 191(a)) that are paid into the Treasury after the
date of the enactment of this subsection and that are not paid
to States under section 35 of that Act or reserved as part of
the reclamation fund under that section, the Secretary of the
Interior shall pay to each qualified State and Indian tribe, on
a proportional basis, an amount equal to the sum of the
aggregate unappropriated amount allocated to the qualified
State and Indian tribe under section 402(g)(1)(A).
``(3) Payments to non-qualified states and indian tribes.--
``(A) In general.--Not later than December 31,
2004, in addition to any other funds provided under
this Act, the Secretary of the Interior shall use
amounts described in section 8(a) of the Abandoned Mine
Land Reclamation Reform Act of 2004 to pay an amount to
any non-qualified State or Indian tribe.
``(B) Proportional amount.--The payment to a non-
qualified State or Indian tribe under subparagraph (A)
shall be--
``(i) proportional to the sum of the
aggregate unappropriated amount allocated to
the State or Indian tribe under section
402(g)(1)(B); and
``(ii) in lieu of payment of the aggregate
allocated amount.
``(C) Total amount.--The total amount of payments
made under this paragraph shall not exceed $65,000,000.
``(4) Administration.--Payments to States and Indian tribes
under this subsection shall be made, without regard to any
limitation in section 401(d), in the same manner as if the
payments were made under, and concurrently with payments under,
section 35 of the Mineral Leasing Act (30 U.S.C. 191).
``(5) Reallocation.--The amount allocated to any State or
Indian tribe under section 402(g)(1)(A) that is paid to the
qualified State or Indian tribe as a result of a payment under
paragraph (2) shall be reallocated and available for grants
under section 402(g)(5).''.
SEC. 8. IMPLEMENTATION.
(a) Transition Rules.--
(1) Availability of allocated amounts.--Amounts allocated
under section 402(g)(2) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (excluding
interest) before the date of enactment of this Act for the
program under section 406 of that Act (30 U.S.C. 1236), but not
appropriated before that date, shall be available for fiscal
year 2005 and thereafter for the transfers referred to in
paragraphs (2) and (3) of section 411(h) of that Act (30 U.S.C.
1240a(h)) (as amended by section 7), in the same manner as are
other amounts available for the transfers.
(2) Interest.--Notwithstanding any other provision of law,
interest credited to the fund established by section 401 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231) that are not transferred to the Combined Benefit Fund
referred to in section 402(h) of that Act (30 U.S.C. 1232(h)),
before the date of enactment of this Act shall be available for
fiscal year 2006 and thereafter for the transfers referred to
in paragraphs (2) and (3) of section 402(h) of that Act (30
U.S.C. 1232(h)), in the same manner as are other amounts
available for the transfers.
(b) Inventory.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall
complete a review of all additions made, pursuant to amendments
offered by States and Indians tribes after December 31, 1998,
to the inventory referred to in section 403(c) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c))
to ensure that the additions--
(A) reflect eligible land and water under section
404 of that Act (30 U.S.C. 1234) that meet the
priorities specified in paragraphs (1) and (2) of
section 403(a) of that Act (30 U.S.C. 1233(a)); and
(B) are correctly identified pursuant to the
priorities.
(2) Removal from inventory.--Any land or water that was
included in the inventory pursuant to the general welfare
standard specified in section 403(a) of that Act (30 U.S.C.
1233(a)) before the date of enactment of this Act that is
determined in the review to no longer meet the criteria
specified in paragraphs (1) and (2) of section 403(a) of that
Act (as amended by section 4(1)), shall be removed from the
inventory.
(c) Clarification.--Section 528(2) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1278(2)) is amended by inserting
after ``government-financed'' the following: ``(not including financing
with funds made available under title IV)''.
(d) Remining.--
(1) Extension of authority.--Section 510(e) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(e))
is amended in the last sentence by striking ``2004'' and
inserting ``2014''.
(2) Savings clause.--Except as provided in paragraph (1),
nothing in this section modifies any provision of law relating
to the remining of coal. | Abandoned Mine Land Reclamation Reform Act of 2004 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization that certain moneys in the Abandoned Mine Reclamation Fund may be used: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for studies by contract with organizations for advice and research and development projects technical assistance.
Reduces the reclamation fee required to be paid by operators of coal mining operations.
Revises Fund allocation requirements with respect to reclamation fees.
Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities such as utilities, roads, recreation and conservation facilities adversely affected by coal mining practices; and (2) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.
States that no lien shall be filed against any person who neither consented to, nor participated in nor exercised control over, the mining operation which necessitated reclamation. Repeals the limitation of such prohibition to persons who owned the surface before May 2, 1977.
Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes. | {"src": "billsum_train", "title": "A bill to amend the Surface Mining Control and Reclamation Act of 1977 to improve the reclamation of abandoned mines."} | 3,218 | 286 | 0.555547 | 1.647284 | 0.626579 | 1.945525 | 11.249027 | 0.762646 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family-Owned Business Multiemployer
Pension Correction Act of 2017''.
SEC. 2. WITHDRAWAL BY CERTAIN SMALL EMPLOYERS FROM MULTIEMPLOYER PLANS
IN CONNECTION WITH ESTABLISHMENT OF A COLLECTIVELY
BARGAINED PLAN.
(a) Determination of Eligibility.--
(1) Period for making application.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
the Treasury shall establish a program under which covered
small employers may, during the 1-year period beginning 6
months after the date that the Secretary establishes such
program, apply to have the Secretary determine the eligibility
of such employer for the benefits of subsection (d) with
respect to a multiemployer plan.
(2) Deadline for determination.--Not later than 90 days
after the close of the 1-year period described in paragraph
(1), the Secretary shall notify each covered small employer
which applied under such program of whether such employer is
eligible for the benefits of subsection (d) with respect to the
multiemployer plan to which the employer's application relates.
(b) Application.--
(1) Contents of application.--Any application of a covered
small employer submitted under subsection (a)(1) shall
include--
(A) the name of such employer,
(B) the multiemployer plan with respect to which
such application relates,
(C) the total plan liabilities of such plan
determined as of the close of the last plan year ending
before the date of such application,
(D) the portion of the total plan liabilities of
such plan which are properly attributable to plan
participants with respect to which such employer is
required to contribute to such plan determined as of
the close of the plan year referred to in subparagraph
(C),
(E) the amounts described in paragraphs (C) and (D)
which are projected (on the basis of reasonable
actuarial assumptions) to be determined as of the close
of each of the 2 plan years succeeding the plan year
referred to in subparagraph (C),
(F) the address of each separate business location
of such employer at which plan participants are
employed by such employer,
(G) the highest number of such plan participants so
employed at each such separate business location on any
time during the 3-year period ending on the date of
such application, and
(H) such other information as the Secretary may
require.
(2) User fees.--An application submitted by an employer
under subsection (a)(1) shall be treated as described in
section 7528(a)(2) of the Internal Revenue Code of 1986 and the
user fee imposed with respect to each such application shall be
$1,000 multiplied by the number of separate business locations
of such employer at which plan participants are employed by
such employer.
(3) Additional information.--The Secretary may request such
additional information after submission of the application
described in paragraph (1) as the Secretary may require for
purposes of determining the employer's eligibility for the
benefits of subsection (d).
(c) Standard for Making Eligibility Determination.--
(1) In general.--The Secretary shall not determine that any
covered small employer making application for the benefits of
subsection (d) with respect to any multiemployer plan is
eligible for such benefits unless the Secretary determines that
the aggregate affected plan liabilities of such plan do not
exceed 1 percent of the total plan liabilities of such plan
with respect to any of the 3 plan years beginning with the plan
year referred to in subsection (b)(1)(C) (determined as of the
close of each such year).
(2) Aggregate affected plan liabilities.--For purposes of
paragraph (1), the term ``aggregate affected plan liabilities''
means, with respect to any multiemployer plan, the aggregate
plan liabilities of such plan which are properly attributable
to plan participants with respect to one more employers who
applied for the benefits of subsection (d) with respect to such
plan.
(d) Limitation on Withdrawal Liability.--
(1) In general.--In the case of a covered small employer
which--
(A) is determined by the Secretary to be eligible
for the benefits of this subsection with respect to a
multiemployer plan to which such employer is required
to contribute, and
(B) is required to contribute (as determined by the
Pension Benefit Guaranty Corporation, in consultation
with the Secretary, immediately after the employer's
withdrawal from such multiemployer plan) to a
collectively bargained plan the plan participants of
which include all of the plan participants of such
multiemployer plan who were accruing benefits with
respect to such employer under such multiemployer plan
immediately before such withdrawal,
section 4225(a) of the Employee Retirement Income Security Act
of 1974 shall apply to such employer in the same manner as such
section applies in the case of a bona fide sale of
substantially all of the employer's assets in an arm's length
transaction to an unrelated party.
(2) Application.--For purposes of title IV of the Employee
Retirement Income Security Act of 1974, a determination of
withdrawal liability pursuant to paragraph (1) shall be treated
as a determination made under such title.
(3) Time limitation.--Paragraph (1) shall not apply with
respect to any withdrawal from a multiemployer plan by a
covered small employer if the date of such of withdrawal is
more than 3 years after the date of the notice described in
subsection (a)(2).
(e) Definitions.--
(1) Covered small employer.--The term ``covered small
employer'' means an employer--
(A) that is described in the North American
Industry Classification System industry sector for
retail trade; and
(B) that does not employ more than 100 plan
participants at any separate business location on any
day during the 3-year period ending on the date of the
application referred to in subsection (b).
(2) Multiemployer plan.--The term ``multiemployer plan''
has the meaning given such term in section 4001 of the Employee
Retirement Income Security Act of 1974.
(3) Collectively bargained plan.--The term ``collectively
bargained plan'' means a plan maintained pursuant to one or
more collective bargaining agreements between employee
representatives and one or more employers.
(4) Secretary of the treasury.--The terms ``Secretary of
the Treasury'' and ``Secretary'' both mean the Secretary of the
Treasury (or his delegate), after consultation with the
Secretary of Labor and the Pension Benefit Guaranty
Corporation. | Family-Owned Business Multiemployer Pension Correction Act of 2017 This bill directs the Department of the Treasury to establish a program to limit the liability of retail employers who do not employ more than 100 employees who are multiemployer pension plan participants (covered small employer) for withdrawing from a multiemployer pension plan to begin making contributions to a collectively bargained plan. A covered small employer is not eligible for such benefit unless Treasury determines that the affected multiemployer plan liabilities do not exceed 1% of total plan liabilities during a specified 3-year period. | {"src": "billsum_train", "title": "Family-Owned Business Multiemployer Pension Correction Act of 2017"} | 1,438 | 128 | 0.600431 | 1.574847 | 0.566951 | 2.207921 | 13.108911 | 0.90099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marion Malley Walsh Drunk Driving
Act of 1994''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Drunk driving crashes cost the United States health
care system approximately $6,000,000,000 in 1993.
(2) Drunk driving crashes cost American businesses and
workers approximately $25,000,000,000 in lost wages in 1993.
(3) It is estimated that alcohol was involved in 45 percent
of fatal motor vehicle crashes and in 7 percent of all motor
vehicle crashes in 1992.
(4) The 17,699 fatalities in alcohol-related motor vehicle
crashes during 1992 represent an average of 1 alcohol-related
fatality every 30 minutes.
(5) About 355,000 persons were injured in motor vehicle
crashes where police reported that alcohol was present--an
average of 1 person injured every 1\1/2\ minutes.
(6) More than 1,800,000 drivers were arrested in 1991 for
driving under the influence of alcohol or narcotics--an arrest
rate of 1 for every 92 licensed drivers in the United States.
(7) In 1992, an average of 35.2 percent of all fatal motor
vehicle crashes during a week were alcohol-related, compared to
58.2 percent on weekends.
SEC. 3. DRUNK DRIVING.
Chapter 1 of title 23, United States Code, is amended by adding at
the end the following:
``Sec. 161. Drunk driving
``(a) Transfer of Apportionments for Noncompliance.--
``(1) First fiscal year.--On the first day of the first
fiscal year succeeding the first fiscal year beginning after
September 30, 1996, throughout which a State does not meet the
requirements of subsection (b), the Secretary shall transfer
1\1/2\ percent of the funds apportioned to the State under each
of paragraphs (1), (2), and (3) of section 104(b) for such
fiscal year to the apportionment of the State under section 402
of this title.
``(2) After first fiscal year.--On the first day of each
fiscal year after the second fiscal year beginning after
September 30, 1996, throughout which a State does not meet the
requirements of subsection (b), the Secretary shall transfer 3
percent of the funds apportioned to the State under each of
paragraphs (1), (2), and (3) of section 104(b) for such fiscal
year to the apportionment of the State under section 402 of
this title.
``(b) Requirements.--A State meets the requirements of this
paragraph if the State has enacted and is enforcing a law that provides
for 4 or more of the following:
``(1) Any individual with a blood alcohol concentration of
0.08 percent or greater when driving a motor vehicle shall be
deemed to be driving while under the influence of alcohol.
``(2) Any individual under age 21, driving with a blood
alcohol concentration of 0.02 percent or greater, shall be
deemed to be driving while under the influence of alcohol, and
a blood alcohol content of at least 0.02 percent, but less than
0.08 percent, will be punishable by a fine of up to $500 and a
6-month driver's license suspension.
``(3) With respect to the impoundment of motor vehicles,
the State law provides the following:
``(A) If an individual's license has been suspended
or revoked for an alcohol-related offense and the
individual is thereafter caught driving, the vehicle
the individual is driving will be immediately impounded
or immobilized for 30 days. The court can impound the
vehicle for an additional 90 days following conviction.
``(B) The owner of the vehicle (other than the
driver) may petition the court for release of the
vehicle.
``(C) Any individual who knowingly permits
operation of their motor vehicle by a person known to
have a revoked or suspended driver's license for an
alcohol-related offense can be charged with a Class 1
misdemeanor.
``(4) Establishment of an expedited driver's license
suspension or revocation system for persons who operate motor
vehicles while under the influence of alcohol which requires
that--
``(A) when a law enforcement officer has probable
cause under State law to believe a person has committed
an alcohol-related traffic offense and such person is
determined, on the basis of a chemical test, to have
been under the influence of alcohol while operating the
motor vehicle or refuses to submit to such a test as
proposed by the officer, the officer shall serve such
person with a written notice of suspension or
revocation of the driver's license of such person and
take possession of such driver's license;
``(B) the notice of suspension or revocation
referred to in subparagraph (A) shall provide
information on the administrative procedures under
which the State may suspend or revoke in accordance
with the objectives of this section a driver's license
of a person for operating a motor vehicle while under
the influence of alcohol and shall specify any rights
of the operator under such procedures;
``(C) the State shall provide, in the
administrative procedures referred to in subparagraph
(B), for due process of law, including the right to an
administrative review of a driver's license suspension
or revocation within the time period specified in
subparagraph (F);
``(D) after serving notice and taking possession of
a driver's license in accordance with subparagraph (A),
the law enforcement officer immediately shall report to
the State entity responsible for administering drivers'
licenses all information relevant to the action taken
in accordance with this subparagraph;
``(E) in the case of a person who, in any 5-year
period beginning after the date of enactment of this
section, is determined on the basis of a chemical test
to have been operating a motor vehicle under the
influence of alcohol or is determined to have refused
to submit to such a test as proposed by the law
enforcement officer, the State entity responsible for
administering drivers' licenses, upon receipt of the
report of the law enforcement officer--
``(i) shall suspend the driver's license of
such person for a period of not less than 90
days if such person is a first offender in such
5-year period; and
``(ii) shall suspend the driver's license
of such person for a period of not less than 1
year, or revoke such license, if such person is
a repeat offender in such 5-year period; and
``(F) the suspension and revocation referred to
under subparagraph (D) shall take effect not later than
30 days after the day on which the person first
received notice of the suspension or revocation in
accordance with subparagraph (B).
``(5)(A) Establishment and maintenance of a graduated
licensing program consisting of the following licensing stages
for any driver under age 21 years:
``(i) An instructional license, valid for a minimum
period determined by the Secretary, under which the
licensee shall not operate a motor vehicle unless
accompanied in the front passenger seat by the holder
of a full driver's license.
``(ii) A provisional driver's license which shall
not be issued unless the driver has passed a written
examination on traffic safety and has passed a roadtest
administered by the driver licensing agency of the
State.
``(iii) A full driver's license which shall not be
issued until the driver has held a provisional license
for at least 6 months with a clean driving record.
``(B) For purposes of subparagraph (A)(iii), a provisional
licensee has a clean driving record if the licensee--
``(i) has not been found, by civil or criminal
process, to have committed a moving traffic violation
during the applicable period;
``(ii) has not been assessed points against the
license because of safety violations during such
period; and
``(iii) has satisfied such other requirements as
the Secretary may prescribe by regulation.
``(C) The Secretary shall determine the conditions under
which a State shall suspend provisional driver's licenses in
order not to have funds transferred under subsection (a). At a
minimum, the holder of a provisional license shall be subject
to driver control actions that are stricter than those
applicable to the holder of a full driver's license, including
warning letters and suspension at a lower point threshold.
If the Secretary determines that a State law is substantially the same
as what is required under paragraph (3) or (4), such law shall be
treated as meeting such requirement.
``(c) Federal Share.--The Federal share of the cost of any project
carried out under section 402 with funds transferred to the
apportionment of section 402 under this section shall be 100 percent.
``(d) Transfer of Obligation Authority.--If the Secretary transfers
under this section any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall allocate an amount
of obligation authority distributed for such fiscal year to the State
for Federal-aid highways and highway safety construction programs for
carrying out only projects under section 402 which is determined by
multiplying--
``(1) the amount of funds transferred under this section to
the apportionment of section 402 of the State of such fiscal
year; by
``(2) the ratio of the amount of obligation authority
distributed for such fiscal year to the State for Federal-aid
highways and highway safety construction programs to the total
of the sums apportioned to the State for Federal-aid highways
and highway safety construction (excluding sums not subject to
any obligation limitation) for such fiscal year.
``(e) Limitation on Applicability of Highway Safety Obligations.--
Notwithstanding any other provision of law, no limitation on the total
of obligations for highway safety programs carried out by the Federal
Highway Administration under section 402 shall apply to funds
transferred under this section to the apportionment of section 402.''.
SEC. 4. CONFORMING AMENDMENT.
The analysis for chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``161. Drunk driving.''. | Marion Malley Walsh Drunk Driving Act of 1994 - Provides for the transfer of apportionments of Federal highway funds to highway safety programs for noncompliance with this Act.
Specifies that a State meets the requirements of this Act if it has enacted and is enforcing a law that provides for four or more of the following: (1) any individual with a blood alcohol concentration of .08 percent or greater when driving a motor vehicle shall be deemed to be driving while under the influence of alcohol; (2) any individual under age 21, driving with a blood alcohol concentration of .02 percent or greater, shall be deemed to be driving while under the influence of alcohol, and a blood alcohol content of at least .02 percent, but less than .08 percent, will be punishable by a fine of up to $500 and a six-month driver's license suspension; (3) if an individual's license has been suspended or revoked for an alcohol-related offense and the individual is thereafter caught driving, the vehicle the individual is driving will be immediately impounded or immobilized for 30 days; (4) establishment of an expedited driver's license suspension or revocation system for persons who operate motor vehicles while under the influence of alcohol; and (5) establishment and maintenance of a graduated licensing program for drivers under age 21. | {"src": "billsum_train", "title": "Marion Malley Walsh Drunk Driving Act of 1994"} | 2,228 | 295 | 0.531223 | 1.557632 | 0.601024 | 7.375494 | 8.403162 | 0.964427 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom of Choice Act of 1995''.
SEC. 2. CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The 1973 Supreme Court decision in Roe v. Wade
established constitutionally based limits on the power of
States to restrict the right of a woman to choose to terminate
a pregnancy. Under the strict scrutiny standard enunciated in
Roe v. Wade, States were required to demonstrate that laws
restricting the right of a woman to choose to terminate a
pregnancy were the least restrictive means available to achieve
a compelling State interest. Since 1989, the Supreme Court has
no longer applied the strict scrutiny standard in reviewing
challenges to the constitutionality of State laws restricting
such rights.
(2) As a result of the Supreme Court's recent modification
of the strict scrutiny standard enunciated in Roe v. Wade,
certain States have restricted the right of women to choose to
terminate a pregnancy or to utilize some forms of
contraception, and these restrictions operate cumulatively to--
(A)(i) increase the number of illegal or medically
less safe abortions, often resulting in physical
impairment, loss of reproductive capacity or death to
the women involved;
(ii) burden interstate commerce by forcing women to
travel from States in which legal barriers render
contraception or abortion unavailable or unsafe to
other States or foreign nations;
(iii) interfere with freedom of travel between and
among the various States;
(iv) burden the medical and economic resources of
States that continue to provide women with access to
safe and legal abortion; and
(v) interfere with the ability of medical
professionals to provide health services;
(B) obstruct access to and use of contraceptive and
other medical techniques that are part of interstate
and international commerce;
(C) discriminate between women who are able to
afford interstate and international travel and women
who are not, a disproportionate number of whom belong
to racial or ethnic minorities; and
(D) infringe upon women's ability to exercise full
enjoyment of rights secured to them by Federal and
State law, both statutory and constitutional.
(3) Although Congress may not by legislation create
constitutional rights, it may, where authorized by its
enumerated powers and not prohibited by a constitutional
provision, enact legislation to create and secure statutory
rights in areas of legitimate national concern.
(4) Congress has the affirmative power both under section 8
of article I of the Constitution of the United States and under
section 5 of the Fourteenth Amendment of the Constitution to
enact legislation to prohibit State interference with
interstate commerce, liberty or equal protection of the laws.
(b) Purpose.--It is the purpose of this Act to establish, as a
statutory matter, limitations upon the power of States to restrict the
freedom of a woman to terminate a pregnancy in order to achieve the
same limitations as provided, as a constitutional matter, under the
strict scrutiny standard of review enunciated in Roe v. Wade and
applied in subsequent cases from 1973 to 1988.
SEC. 3. FREEDOM TO CHOOSE.
(a) In General.--A State--
(1) may not restrict the freedom of a woman to choose
whether or not to terminate a pregnancy before fetal viability;
(2) may restrict the freedom of a woman to choose whether
or not to terminate a pregnancy after fetal viability unless
such a termination is necessary to preserve the life or health
of the woman; and
(3) may impose requirements on the performance of abortion
procedures if such requirements are medically necessary to
protect the health of women undergoing such procedures.
(b) Rules of Construction.--Nothing in this Act shall be construed
to--
(1) prevent a State from protecting unwilling individuals
or private health care institutions from having to participate
in the performance of abortions to which they are
conscientiously opposed;
(2) prevent a State from declining to pay for the
performance of abortions; or
(3) prevent a State from requiring a minor to involve a
parent, guardian, or other responsible adult before terminating
a pregnancy.
SEC. 4. DEFINITION OF STATE.
As used in this Act, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, and each other territory or
possession of the United States. | Freedom of Choice Act of 1995 - Provides that a State: (1) may not restrict the right of a woman to choose to terminate a pregnancy before fetal viability; (2) may restrict such right after fetal viability unless necessary to preserve the life or health of the woman; and (3) may impose requirements on the performance of abortion procedures if medically necessary to protect the health of the woman.
Declares that this Act shall not be construed to prevent a State from: (1) protecting individuals from having to participate in abortions to which they are conscientiously opposed; (2) declining to pay for such abortions; or (3) requiring minors to involve responsible adults before terminating a pregnancy. | {"src": "billsum_train", "title": "Freedom of Choice Act of 1995"} | 964 | 155 | 0.535842 | 1.43811 | 0.654861 | 4.517986 | 6.410072 | 0.94964 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Prevention Campaign
Grant Program Act of 2010''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) methamphetamine is a leading drug threat to the United
States;
(2) crime related to methamphetamine abuse continues to
increase, as reported by county sheriffs;
(3) law enforcement reporting indicates that
methamphetamine users commonly engage in identity theft to
acquire personal information of another person, which the
methamphetamine users either sell or exchange for
methamphetamine;
(4) the prevalence of identity theft is rising in many
areas where rates of methamphetamine distribution and abuse are
high or increasing;
(5) methamphetamine laboratories pose a dangerous threat in
terms of toxicity, severe environmental and property damage,
violence, and public safety;
(6) methamphetamine use places an excessive burden on law
enforcement and local government resources;
(7) 24 percent of teens nationally report it would be easy
or somewhat easy to obtain methamphetamine;
(8) 33 percent of teens believe there is only slight or no
risk to trying methamphetamines once or twice;
(9) 16 percent of teens have a friend or a family member
that has used methamphetamines or been treated for
methamphetamine abuse;
(10) the annual economic burden of methamphetamine use in
the United States is estimated at between $16,200,000,000 and
$48,300,000,000 annually;
(11) methamphetamine creates and increases government and
individual expenditures on treatment, healthcare, and foster
care services, as well as methamphetamine-related unemployment,
child neglect or abuse, and other social issues;
(12) the estimated annual cost of methamphetamine-related
crime and criminal justice expenditures in the United States is
$4,200,000,000; and
(13) there are currently no particular pharmacological
treatments for dependence on methamphetamine.
(b) Purpose.--It is the purpose of this Act to provide adequate
resources for the Department of Justice to implement a methamphetamine
prevention campaign in States with a critical methamphetamine problem,
that will incorporate a broad range of community outreach programs to
mobilize communities to assist in methamphetamine awareness and
prevention activities that educate youth on the risks and consequences
of methamphetamine use.
SEC. 3. METHAMPHETAMINE PREVENTION CAMPAIGN GRANT PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Attorney General may make grants to
States, units of local government, or private nonprofit
organizations (referred to in this section as ``eligible
entities'') to establish a methamphetamine prevention campaign,
which shall be aimed at teenagers.
(2) Maximum amount.--A grant made under this section shall
not be in an amount more than $2,000,000 per fiscal year.
(3) Duration.--A grant made under this section shall be for
a period of 1 year.
(b) Use of Funds.--A grant made under this section may be used
for--
(1) producing and developing television, radio, Internet,
and print advertisements and educational materials;
(2) acquiring placement of advertisements for a
methamphetamine prevention campaign;
(3) community outreach to motivate community involvement in
methamphetamine education;
(4) the benchmark study and periodic surveys required under
subsection (c); and
(5) qualitative research to assist in the development and
testing of--
(A) the messaging of a methamphetamine prevention
campaign; and
(B) the effectiveness of methamphetamine education.
(c) Study Requirement.--
(1) Benchmark study.--An eligible entity receiving a grant
under this section shall conduct a quantitative statewide
benchmark survey of a statistically significant sample at the
beginning of a methamphetamine prevention campaign conducted by
the eligible entity to capture attitudes and behaviors related
to methamphetamine throughout the State in which the eligible
entity is located.
(2) Periodic studies.--Beginning not more than 2 years
after the completion of the benchmark study required under
paragraph (1), an eligible entity receiving a grant under this
section shall periodically conduct follow-up studies consistent
with the benchmark study described in paragraph (1) to track
changes in attitudes and behaviors related to methamphetamine
and assist in the development of methamphetamine prevention
advertising and other outreach activities directed at teens.
(d) Application.--
(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Attorney
General at such time, in such manner, and accompanied by such
information as the Attorney General may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) a plan for implementing a methamphetamine
prevention campaign, that shall include specific
strategies for preventing or reducing methamphetamine
use by youth, based on research-based interventions
tailored to reaching youth and changing the behavior of
youth;
(B) an assurance that, in developing and
implementing a methamphetamine prevention campaign, the
eligible entity shall, to the extent feasible and
appropriate, consult and coordinate with Federal,
State, and local agencies, departments, and
organizations to build broad community-based support;
(C) a private fund-raising strategy; and
(D) such additional assurances as the Attorney
General determines to be essential to ensure compliance
with the requirements of this section.
(e) Criteria.--In making grants under this section, the Attorney
General shall give priority to eligible entities that--
(1) are addressing widespread methamphetamine use or an
emerging threat of widespread methamphetamine use;
(2) have dedicated personnel to oversee the implementation
and execution of a methamphetamine prevention campaign; and
(3) demonstrate an ability to provide quality-tested
television and print copy.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of an
activity described in the application submitted under
subsection (d) that is carried out with a grant under this
section shall be not more than 50 percent.
(2) Non-federal share.--The non-Federal share of payments
under this section may be in cash or in-kind.
(g) Reports to Congress.--Not later than 120 days after the last
day of each fiscal year in which 1 or more grants are made under this
section, the Attorney General shall submit to Congress a report that
shall include--
(1) a summary of the activities carried out with grants
made under this section;
(2) an assessment by the Attorney General of the programs
carried out; and
(3) any other information the Attorney General considers
appropriate.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2011, 2012, 2013, and 2014. | Methamphetamine Prevention Campaign Grant Program Act of 2010 - Authorizes the Attorney General to make one-year matching grants to states, local governments, or private nonprofit organizations (eligible entities) to establish a methamphetamine prevention campaign which shall be aimed at teenagers. Authorizes the use of grant funds to: (1) produce and develop television, radio, Internet, and print advertisements and educational materials; (2) provide for community outreach to motivate community involvement in methamphetamine education; (3) produce a benchmark survey and periodic studies of attitudes and behaviors related to methamphetamine; and (4) conduct qualitative research to assist in the development and testing of the messaging of a methamphetamine prevention campaign and the effectiveness of methamphetamine education.
Requires the Attorney General to give priority in making grants to eligible entities that: (1) are addressing widespread methamphetamine use or an emerging threat of such use; (2) have dedicated personnel to oversee a methamphetamine prevention campaign; and (3) demonstrate an ability to provide quality-tested television and print copy for advertising and educational purposes. | {"src": "billsum_train", "title": "To establish a methamphetamine prevention campaign grant program."} | 1,545 | 247 | 0.653973 | 1.849546 | 0.701528 | 4.630542 | 6.684729 | 0.935961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Title VIII Nursing Workforce
Reauthorization Act of 2016''.
SEC. 2. SUPPORTING CLINICAL NURSE SPECIALISTS.
(a) Advanced Education Nursing Grants.--Section 811 of the Public
Health Service Act (42 U.S.C. 296j) is amended--
(1) in subsection (b)--
(A) by striking ``R.N./Master's'' and inserting
``R.N./graduate''; and
(B) by inserting ``clinical nurse leaders,'' before
``or public health nurses'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Authorized Clinical Nurse Specialist Programs.--Clinical
nurse specialist programs eligible for support under this section are
education programs that--
``(1) provide registered nurses with full-time clinical
nurse specialist education; and
``(2) have as their objective the education of clinical
nurse specialists who will upon completion of such a program be
qualified to effectively provide care through the wellness and
illness continuum to inpatients and outpatients experiencing
acute and chronic illness.''.
(b) Definition of Nurse-Managed Clinic.--Section 801 of the Public
Health Service Act (42 U.S.C. 296) is amended by adding at the end the
following:
``(18) Nurse-managed health clinic.--The term `nurse-
managed health clinic' means a nurse-practice arrangement,
managed by advanced practice nurses, that provides primary care
or wellness services to underserved or vulnerable populations
and that is associated with a school, college, university or
department of nursing, federally qualified health center, or
independent nonprofit health or social services agency.''.
(c) National Advisory Council on Nurse Education and Practice.--
Section 851(b)(1)(A)(iv) of the Public Health Service Act (42 U.S.C.
297t) is amended by striking ``and nurse anesthetists'' and inserting
``nurse anesthetists, and clinical nurse specialists''.
SEC. 3. REAUTHORIZATION OF FUNDING FOR NURSING PROGRAMS.
(a) In General.--Title VIII of the Public Health Service Act (42
U.S.C. 296 et seq.) is amended--
(1) in subsection (i)(1) of section 846 (42 U.S.C. 297n;
loan repayment and scholarship programs), by striking ``2007''
and inserting ``2021'';
(2) in subsection (f) of section 846A (42 U.S.C. 297n-1;
nurse faculty loan program), by striking ``2014'' and inserting
``2021'';
(3) in subsection (e) of section 865 (42 U.S.C. 298;
comprehensive geriatric education), by striking ``2014'' and
inserting ``2021''; and
(4) in section 871 (42 U.S.C. 298d; funding for carrying
out parts B, C, and section 831)--
(A) by striking ``2016'' and inserting ``2021'';
and
(B) by striking ``B, C, and D'' and inserting ``B
and C and section 831''.
(b) Nurse Education, Practice, Quality, and Retention Grants.--
Section 831 of the Public Health Service Act (42 U.S.C. 296p) is
amended--
(1) in the section heading, by striking ``and quality'' and
inserting ``quality, and retention'';
(2) in subsection (c)(1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) to promote career advancement for--
``(i) for nursing personnel in a variety of
training settings, cross-training or specialty
training among diverse population groups, and
the advancement of individuals including to
become professional nurses, advanced education
nurses, licensed practical nurses, certified
nurse assistants, and home health aides; and
``(ii) individuals including licensed
practical nurses, licensed vocational nurses,
certified nurse assistants, home health aides,
diploma degree or associate degree nurses, to
become baccalaureate prepared registered nurses
or advanced education nurses in order to meet
the needs of the registered nurse workforce;'';
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) developing and implementing internships and
residency programs in collaboration with an accredited
school of nursing, as defined by section 801(2), to
encourage mentoring and the development of
specialties.'';
(3) in subsection (g)--
(A) by striking ``,,'' and inserting ``,'';
(B) by striking ``or''; and
(C) by inserting ``, or a nurse-managed health
clinic'' before the period; and
(4) by striking subsection (h). | Title VIII Nursing Workforce Reauthorization Act of 2016 This bill amends the Public Health Service Act to extend through FY2021 support for nursing workforce programs and grants. Eligibility for advanced nursing education grants is expanded to include education programs for clinical nurse leaders and all combined registered nurse and graduate degree programs. (Clinical nurse leaders are advanced generalist clinicians who apply research and coordinate care in order to improve outcomes for patients.) To be eligible for these grants, clinical nurse specialist programs must provide registered nurses with full-time clinical nurse specialist education that qualifies the nurses to provide a full range of care. Programs for loan repayment and scholarships for nurses, loans for nursing faculty, and geriatric care education are extended through FY2021. Grants for increasing nursing workforce diversity are also extended through FY2021. Nurse education, practice, and quality grants are extended through FY2021 and eligibility is expanded to include nurse-managed health clinics. Grants for nursing career ladder programs are expanded to: (1) promote career advancement for individuals to become registered nurses or advanced education nurses; and (2) support internships and residency programs to encourage mentoring and the development of specialties. | {"src": "billsum_train", "title": "Title VIII Nursing Workforce Reauthorization Act of 2016"} | 1,188 | 242 | 0.582476 | 1.546613 | 0.844634 | 2.00463 | 4.689815 | 0.791667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Price Gouging Prevention
Act''.
SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM
DISTILLATES DURING EMERGENCIES.
(a) Unconscionable Pricing.--
(1) In general.--It shall be unlawful for any person to
sell, at wholesale or at retail in an area and during a period
of an energy emergency, gasoline or any other petroleum
distillate covered by a proclamation issued under paragraph (2)
at a price that--
(A) is unconscionably excessive; and
(B) indicates the seller is taking unfair advantage
of the circumstances related to an energy emergency to
increase prices unreasonably.
(2) Energy emergency proclamation.--
(A) In general.--The President may issue an energy
emergency proclamation for any area within the
jurisdiction of the United States, during which the
prohibition in paragraph (1) shall apply. The
proclamation shall state the geographic area covered,
the gasoline or other petroleum distillate covered, and
the time period that such proclamation shall be in
effect.
(B) Duration.--The proclamation--
(i) may not apply for a period of more than
30 consecutive days, but may be renewed for
such consecutive periods, each not to exceed 30
days, as the President determines appropriate;
and
(ii) may include a period of time not to
exceed 1 week preceding a reasonably
foreseeable emergency.
(3) Factors considered.--In determining whether a person
has violated paragraph (1), there shall be taken into account,
among other factors--
(A) whether the amount charged by such person for
the applicable gasoline or other petroleum distillate
at a particular location in an area covered by a
proclamation issued under paragraph (2) during the
period such proclamation is in effect--
(i) grossly exceeds the average price at
which the applicable gasoline or other
petroleum distillate was offered for sale by
that person during the 30 days prior to such
proclamation;
(ii) grossly exceeds the price at which the
same or similar gasoline or other petroleum
distillate was readily obtainable in the same
area from other competing sellers during the
same period;
(iii) reasonably reflected additional
costs, not within the control of that person,
that were paid, incurred, or reasonably
anticipated by that person, or reflected
additional risks taken by that person to
produce, distribute, obtain, or sell such
product under the circumstances; and
(iv) was substantially attributable to
local, regional, national, or international
market conditions; and
(B) whether the quantity of gasoline or other
petroleum distillate the person produced, distributed,
or sold in an area covered by a proclamation issued
under paragraph (2) during a 30-day period following
the issuance of such proclamation increased over the
quantity that that person produced, distributed, or
sold during the 30 days prior to such proclamation,
taking into account usual seasonal demand variations.
(b) Definitions.--As used in this section--
(1) the term ``wholesale'', with respect to sales of
gasoline or other petroleum distillates, means either truckload
or smaller sales of gasoline or petroleum distillates where
title transfers at a product terminal or a refinery, and dealer
tank wagon sales of gasoline or petroleum distillates priced on
a delivered basis to retail outlets; and
(2) the term ``retail'', with respect to sales of gasoline
or other petroleum distillates, includes all sales to end users
such as motorists as well as all direct sales to other end
users such as agriculture, industry, residential, and
commercial consumers.
(c) Construction.--As described in this section, a sale of gasoline
or other petroleum distillate does not include a transaction on a
futures market.
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement by FTC.--A violation of section 2 shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission
shall enforce this Act in the same manner, by the same means, and with
the same jurisdiction as though all applicable terms and provisions of
the Federal Trade Commission Act were incorporated into and made a part
of this Act. In enforcing section 2(a) of this Act, the Commission
shall give priority to enforcement actions concerning companies with
total United States wholesale or retail sales of gasoline and other
petroleum distillates in excess of $500,000,000 per year.
(b) Civil Penalties.--
(1) In general.--Notwithstanding the penalties set forth
under the Federal Trade Commission Act, any person who violates
this Act with actual knowledge or knowledge fairly implied on
the basis of objective circumstances shall be subject to the
following penalties:
(A) Price gouging; unjust profits.--Any person who
violates section 2(a) shall be subject to--
(i) a fine of not more than 3 times the
amount of profits gained by such person through
such violation; or
(ii) a fine of not more than $3,000,000.
(B) False information.--Any person who violates
section 2(b) shall be subject to a civil penalty of not
more than $1,000,000.
(2) Method.--The penalties provided by paragraph (1) shall
be obtained in the same manner as civil penalties obtained
under section 5 of the Federal Trade Commission Act (15 U.S.C.
45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the court shall take into consideration, among
other factors, the seriousness of the violation and the
efforts of the person committing the violation to
remedy the harm caused by the violation in a timely
manner.
SEC. 4. CRIMINAL PENALTIES.
(a) In General.--In addition to any penalty applicable under
section 3, any person who violates section 2 shall be fined under title
18, United States Code--
(1) if a corporation, not to exceed $150,000,000; and
(2) if an individual not to exceed $2,000,000, or
imprisoned for not more than 10 years, or both.
(b) Enforcement.--The criminal penalty provided by subsection (a)
may be imposed only pursuant to a criminal action brought by the
Attorney General or other officer of the Department of Justice.
SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL.
(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of section 2(a) of this
Act, or to impose the civil penalties authorized by section 3(b)(1)(B),
whenever the attorney general of the State has reason to believe that
the interests of the residents of the State have been or are being
threatened or adversely affected by a violation of this Act or a
regulation under this Act, involving a retail sale.
(b) Notice.--The State shall serve written notice to the Federal
Trade Commission of any civil action under subsection (a) prior to
initiating such civil action. The notice shall include a copy of the
complaint to be filed to initiate such civil action, 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 civil
action.
(c) Authority To Intervene.--Upon receiving the notice required by
subsection (b), the Federal Trade Commission may intervene in such
civil action and upon intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney
general of a State 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.
(e) Venue; Service of Process.--In a civil action brought under
subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) the defendant in the civil action is found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is Pending.--If
the Federal Trade Commission has instituted a civil action or an
administrative action for violation of this Act, no State attorney
general, or official or agency of a State, may bring an action under
this subsection during the pendency of that action against any
defendant named in the complaint of the Federal Trade Commission or the
other agency for any violation of this Act alleged in the complaint.
(g) Enforcement of State Law.--Nothing contained in this section
shall prohibit an authorized State official from proceeding in State
court to enforce a civil or criminal statute of such State.
SEC. 6. LOW INCOME ENERGY ASSISTANCE.
Amounts collected in fines and penalties under section 3 of this
Act shall be deposited in a separate fund in the treasury to be known
as the Consumer Relief Trust Fund. To the extent provided for in
advance in appropriations Acts, the fund shall be used to provide
assistance under the Low Income Home Energy Assistance Program
administered by the Secretary of Health and Human Services.
SEC. 7. EFFECT ON OTHER LAWS.
(a) Other Authority of Federal Trade Commission.--Nothing in this
Act shall be construed to limit or affect in any way the Federal Trade
Commission's authority to bring enforcement actions or take any other
measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
or any other provision of law.
(b) State Law.--Nothing in this Act preempts any State law. | Federal Price Gouging Prevention Act - Makes it unlawful, during a period proclaimed by the President as an energy emergency, to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of the circumstances of an emergency to increase prices unreasonably.
Authorizes the President to issue an energy emergency proclamation of up to 30 days, with renewals allowed, and to cite the geographic area, gasoline or other petroleum distillate, and time period covered.
Authorizes a proclamation to include a period of up to one week preceding a reasonably foreseeable emergency.
Exempts from this Act a sale of gasoline or other petroleum distillate transaction on a futures market.
Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act and provides for civil and criminal penalties, limiting the criminal penalty to criminal actions brought by the Department of Justice (DOJ).
Allows a state to bring a civil action to enforce this Act or to impose civil penalties.
Requires deposit of fines and penalties collected under this Act in a separate Consumer Relief Trust Fund fund in the Treasury to provide assistance under the Low Income Home Energy Assistance (LIHEAP) Program.
Declares that nothing in this Act preempts state law. | {"src": "billsum_train", "title": "To protect consumers from price-gouging of gasoline and other fuels, and for other purposes."} | 2,316 | 294 | 0.628125 | 2.007113 | 0.84458 | 2.706827 | 8.437751 | 0.915663 |
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