text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solar Utilization Now Demonstration
Act of 2006'' or the ``SUN Act of 2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Renewable energy is a growth industry around the world.
However, the United States has not been investing as heavily as
other countries, and is losing market share.
(2) Since 1996, the United States has lost significant
market share in the solar industry, dropping from 44 percent of
the world market to 13 percent in 2003.
(3) In 2003, Japan spent more than $200,000,000 on solar
research, development, demonstration, and commercial
application and other incentives, and Germany provided more
than $750,000,000 in low cost financing for solar photovoltaic
projects. This compares to United States Government spending of
$139,000,000 in 2003 for research, development, demonstration,
and commercial application and other incentives.
(4) Germany and Japan each had domestic photovoltaic
industries that employed more than 10,000 people in 2003, while
in the same year the United States photovoltaics industry
employed only 2,000 people.
(5) The United States is becoming increasingly dependent on
imported energy.
(6) The high cost of fossil fuels is hurting the United
States economy.
(7) Small reductions in peak demand can result in very
large reductions in price, according to energy market experts.
(8) Although the United States has only 2 percent of the
world's oil reserves and 3 percent of the world's natural gas
reserves, our Nation's renewable energy resources are vast and
largely untapped.
(9) Renewable energy can reduce the demand for imported
energy, reducing costs and decreasing the variability of energy
prices.
(10) By using domestic renewable energy resources, the
United States can reduce the amount of money sent into unstable
regions of the world and keep it in the United States.
(11) By supporting renewable energy research and
development, and funding demonstration and commercial
application programs for renewable energy, the United States
can create an export industry and improve the balance of trade.
(12) Renewable energy can significantly reduce the
environmental impacts of energy production.
SEC. 3. PHOTOVOLTAIC DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Energy (in this Act referred to
as the ``Secretary'') shall establish a program of grants to States to
demonstrate advanced photovoltaic technology.
(b) Requirements.--
(1) Ability to meet requirements.--To receive funding under
the program under this section, a State must submit a proposal
that demonstrates, to the satisfaction of the Secretary, that
the State will meet the requirements of subsection (f).
(2) Compliance with requirements.--If a State has received
funding under this section for the preceding year, the State
must demonstrate, to the satisfaction of the Secretary, that it
complied with the requirements of subsection (f) in carrying
out the program during that preceding year, and that it will do
so in the future, before it can receive further funding under
this section.
(3) Funding allocation.--Except as provided in subsection
(c), each State submitting a qualifying proposal shall receive
funding under the program based on the proportion of United
States population in the State according to the 2000 census. In
each fiscal year, the portion of funds attributable under this
paragraph to States that have not submitted qualifying
proposals in the time and manner specified by the Secretary
shall be distributed pro rata to the States that have submitted
qualifying proposals in the specified time and manner.
(c) Competition.--If more than $80,000,000 is available for the
program under this section for any fiscal year, the Secretary shall
allocate 75 percent of the total amount of funds available according to
subsection (b)(3), and shall award the remaining 25 percent on a
competitive basis to the States with the proposals the Secretary
considers most likely to encourage the widespread adoption of
photovoltaic technologies.
(d) Proposals.--Not later than 6 months after the date of enactment
of this Act, and in each subsequent fiscal year for the life of the
program, the Secretary shall solicit proposals from the States to
participate in the program under this section.
(e) Competitive Criteria.--In awarding funds in a competitive
allocation under subsection (c), the Secretary shall consider--
(1) the likelihood of a proposal to encourage the
demonstration of, or lower the costs of, advanced photovoltaic
technologies; and
(2) the extent to which a proposal is likely to--
(A) maximize the amount of photovoltaics
demonstrated;
(B) maximize the proportion of non-Federal cost
share; and
(C) limit State administrative costs.
(f) State Program.--A program operated by a State with funding
under this section shall provide competitive awards for the
demonstration of advanced photovoltaic technologies. Each State program
shall--
(1) require a contribution of at least 60 percent per award
from non-Federal sources, which may include any combination of
State, local, and private funds, except that at least 10
percent of the funding must be supplied by the State;
(2) limit awards for any single project to a maximum of
$1,000,000;
(3) prohibit any nongovernmental recipient from receiving
more than $1,000,000 per year;
(4) endeavor to fund recipients in the commercial,
industrial, institutional, governmental, and residential
sectors;
(5) limit State administrative costs to no more than 10
percent of the grant;
(6) report annually to the Secretary on--
(A) the amount of funds disbursed;
(B) the amount of photovoltaics purchased; and
(C) the results of the monitoring under paragraph
(7);
(7) provide for measurement and verification of the output
of a representative sample of the photovoltaics systems
demonstrated throughout the average working life of the
systems, or at least 20 years; and
(8) require that applicant buildings must have received an
independent energy efficiency audit during the 6-month period
preceding the filing of the application.
(g) Unexpended Funds.--If a State fails to expend any funds
received under subsection (b) or (c) within 3 years of receipt, such
remaining funds shall be returned to the Treasury.
(h) Reports.--The Secretary shall report to Congress 5 years after
funds are first distributed to the States under this section--
(1) the amount of photovoltaics demonstrated;
(2) the number of projects undertaken;
(3) the administrative costs of the program;
(4) the amount of funds that each State has not received
because of a failure to submit a qualifying proposal, as
described in subsection (b)(3);
(5) the results of the monitoring under subsection (f)(7);
and
(6) the total amount of funds distributed, including a
breakdown by State.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for the purposes of carrying out this
section--
(1) $50,000,000 for fiscal year 2007;
(2) $100,000,000 for fiscal year 2008;
(3) $150,000,000 for fiscal year 2009;
(4) $200,000,000 for fiscal year 2010; and
(5) $300,000,000 for fiscal year 2011. | Solar Utilization Now Demonstration Act of 2006 or the SUN Act of 2006 - Directs the Secretary of Energy to establish a program of grants to states to demonstrate advanced photovoltaic technology. | {"src": "billsum_train", "title": "To direct the Secretary of Energy to establish a photovoltaic demonstration program, and for other purposes."} | 1,516 | 46 | 0.494711 | 1.260095 | 0.942586 | 4.363636 | 45.515152 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Pathology Services
Continuity Act of 2007''.
SEC. 2. PERMANENT TREATMENT OF CERTAIN PHYSICIAN PATHOLOGY SERVICES
UNDER MEDICARE.
Section 1848(i) of the Social Security Act (42 U.S.C. 1395w-4(i))
is amended by adding at the end the following new paragraph:
``(4) Treatment of certain physician pathology services.--
``(A) In general.--With respect to services
furnished on or after January 1, 2008, if an
independent laboratory furnishes the technical
component of a physician pathology service to a fee-
for-service medicare beneficiary who is an inpatient or
outpatient of a covered hospital, the Secretary shall
treat such component as a service for which payment
shall be made to the laboratory under this section and
not as an inpatient hospital service for which payment
is made to the hospital under section 1886(d) or as a
hospital outpatient service for which payment is made
to the hospital under section 1833(t).
``(B) Definitions.--In this paragraph:
``(i) Covered hospital.--
``(I) In general.--The term
`covered hospital' means, with respect
to an inpatient or outpatient, a
hospital that had an arrangement with
an independent laboratory that was in
effect as of July 22, 1999, under which
a laboratory furnished the technical
component of physician pathology
services to fee-for-service medicare
beneficiaries who were hospital
inpatients or outpatients,
respectively, and submitted claims for
payment for such component to a carrier
with a contract under section 1842 and
not to the hospital.
``(II) Change in ownership does not
affect determination.--A change in
ownership with respect to a hospital on
or after the date referred to in
subclause (I) shall not affect the
determination of whether such hospital
is a covered hospital for purposes of
such subclause.
``(ii) Fee-for-service medicare
beneficiary.--The term `fee-for-service
medicare beneficiary' means an individual who
is entitled to (or enrolled for) benefits under
part A, or enrolled under this part, or both,
but who is not enrolled in any of the
following:
``(I) A Medicare Advantage plan
under part C.
``(II) A plan offered by an
eligible organization under section
1876.
``(III) A program of all-inclusive
care for the elderly (PACE) under
section 1894.
``(IV) A social health maintenance
organization (SHMO) demonstration
project established under section
4018(b) of the Omnibus Budget
Reconciliation Act of 1987 (Public Law
100-203).
``(C) Reference.--For the treatment of certain
physician pathology services furnished prior to January
1, 2008, see section 542 of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000,
as extended by--
``(i) Centers for Medicare & Medicaid
Services (CMS) Program Memorandum for Carriers
(transmittal B-03-001), issued January 17,
2003;
``(ii) CMS Manual System, Publication 100-
20 One-Time Notification (transmittal 34),
issued December 24, 2003;
``(iii) section 732 of the Medicare
Prescription Drug, Improvement, and
Modernization Act of 2003; and
``(iv) section 104 of division B of the Tax
Relief and Health Care Act of 2006.''. | Physician Pathology Services Continuity Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services, with regard to a laboratory-furnished technical component of certain physician pathology services, to treat such component as a service for which payment shall be made to the laboratory, and not as an inpatient hospital or hospital outpatient service for which payment is made to the hospital. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for the treatment of certain physician pathology services under the Medicare Program."} | 802 | 99 | 0.606404 | 1.575366 | 0.999804 | 4.1875 | 9 | 0.9375 |
SECTION 1. ESTABLISHMENT OF PREVENTIVE HEALTH CARE EXAMINATIONS.
(a) Coverage of Preventive Health Care Examinations.--Section
1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is
amended by inserting ``and'' at the end of paragraph (M) and adding at
the end thereof the following:
``(N) colon cancer preventive screening examination
which shall be limited to either fecal occult blood
tests on an annual basis, or sigmoidoscopy examination
on an biannual basis, furnished to an individual to
assist in the preventive and early diagnose of colon
cancer; and
``(O) physical examination, associated blood tests,
and such other tests performed by a physician, or
qualified health care professional, on an annual basis
in the preventive and early diagnose of prostate
cancer; and
``(P) bone mass measurements (including but not
limited to radiographic absorptiometry, single-energy
photon absorptiometry or single-energy x-ray
absorptiometry, dual-energy x-ray absorptiometry and
quantitative computed tomography), and such other tests
as deemed appropriate by the Secretary of Health and
Human Services, in the preventive and early diagnose of
osteoporosis.''.
(b) Contingent Effective Date; Demonstration Project.--
(1) The amendments made by this section shall become
effective (if at all) in accordance with paragraph (2).
(2) The Secretary of Health and Human Services (in this
paragraph referred to as the ``Secretary'') shall establish a
demonstration project to begin on October 1, 1994, to test the
cost-effectiveness of furnishing colon, prostrate, and uterine
cancer preventive screening examinations (in this paragraph
referred to as ``preventive health care examinations'') under
the medicare program to the extent provided under the
amendments made by this section to a sample group of medicare
beneficiaries.
(B)(i) The demonstration project under subparagraph
(A) shall be conducted for an initial period of twenty-
four months. Not later than October 1, 1996, the
Secretary shall report to the Congress on the results
of such project. If the Secretary finds, on the basis
of existing data, that furnishing any of these
examinations under the Medicare program to the extent
provided under the amendments made by this section is
cost-effective, and useful in decreasing incidents of
such cancers, the Secretary shall include such finding
in such report, such project shall be discontinued, and
the amendments made by this section shall become
effective on November 1, 1966.
(ii) If the Secretary determines that such finding
cannot be made on the basis of existing data, such
project shall continue for an additional twenty-four
months. Not later than April 1, 1998, the Secretary
shall submit a final report to Congress on the results
of such project. The amendments made by this section
shall become effective on the first day of the first
month to begin after such report is submitted to the
Congress unless the report contains a finding by the
Secretary that furnishing preventive health care
examinations under the amendments made by this section
is not cost effective or does not reduce the incidence
of such cancers (in which case the amendments made by
this section shall not become effective).
(3) In conducting the demonstration project in order to
determine the cost effectiveness and effectiveness in reducing
the incidence of such cancers of including preventive health
care examinations in the medicare program, the Secretary is
required to conduct a demonstration of the provision of
preventive health care examinations as a service for medicare
beneficiaries and to expend $15,000,000 each year of the
demonstration project for this purpose. In conducting this
demonstration, the Secretary is authorized to reimburse for
such services in large scale demonstration projects, including
statewide projects. In determining cost effectiveness, the
Secretary shall consider the direct cost of providing such
services, the utilization of such services which might
otherwise not have occurred, the costs of illnesses and nursing
home days avoided, and other relevant factors, except that
extended life for beneficiaries shall not be considered to
reduce the cost effectiveness of preventive health care
examinations. | Amends title XVIII (Medicare) of the Social Security Act to cover preventive health care examinations for colon and prostate cancer and osteoporosis.
Directs the Secretary of Health and Human Services to establish a demonstration project to test the cost-effectiveness of furnishing colon, prostate, and uterine cancer preventive screening examinations to a sample group of Medicare beneficiaries. | {"src": "billsum_train", "title": "To provide for a four year demonstration project under Medicare which shall establish a preventive health care screening examination program."} | 925 | 86 | 0.547848 | 1.467504 | 1.18265 | 3.815385 | 13.015385 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contracting and Tax Accountability
Act of 2014''.
SEC. 2. GOVERNMENTAL POLICY.
It is the policy of the United States Government that no Government
contracts or grants should be awarded to individuals or companies with
seriously delinquent Federal tax debts.
SEC. 3. DISCLOSURE AND EVALUATION OF CONTRACT OFFERS FROM DELINQUENT
FEDERAL DEBTORS.
(a) In General.--The head of any executive agency that issues an
invitation for bids or a request for proposals for a contract in an
amount greater than the simplified acquisition threshold shall require
each person that submits a bid or proposal to submit with the bid or
proposal a form--
(1) certifying whether the person has a seriously
delinquent tax debt; and
(2) authorizing the Secretary of the Treasury to disclose
to the head of the agency information limited to describing
whether the person has a seriously delinquent tax debt.
(b) Impact on Responsibility Determination.--The head of any
executive agency, in evaluating any offer received in response to a
solicitation issued by the agency for bids or proposals for a contract,
shall consider a certification that the offeror has a seriously
delinquent tax debt, or a certification that the offeror does not have
a seriously delinquent tax debt that is demonstrated to be false by
information received from the Secretary of the Treasury (as authorized
under subsection (a)(2)), to be definitive proof that the offeror is
not a responsible source as defined in section 113 of title 41, United
States Code.
(c) Suspension.--
(1) Requirement.--Except as provided in paragraph (2), the
head of an executive agency shall propose a person for
suspension under subpart 9.4 of the Federal Acquisition
Regulation after receiving an offer for a contract from such
person if such offer contains a certification (as required
under subsection (a)(1)) that such person has a seriously
delinquent tax debt.
(2) Waiver.--The head of an executive agency may waive
paragraph (1) with respect to a person based upon a written
finding of urgent and compelling circumstances significantly
affecting the interests of the United States. If the head of an
executive agency waives paragraph (1) for a person, the head of
the agency shall submit to Congress, within 30 days after the
waiver is made, a report containing the rationale for the
waiver and relevant information supporting the waiver decision.
(d) Debarment.--
(1) Requirement.--Except as provided in paragraph (2), the
head of an executive agency shall propose a person for
debarment after receiving an offer for a contract from such
person if--
(A) such offer contains a certification (as
required under subsection (a)(1)) that such person does
not have a seriously delinquent tax debt; and
(B) the head of the agency receives information
from the Secretary of the Treasury (as authorized under
subsection (a)(2)) demonstrating that the certification
submitted by such person is false.
(2) Waiver.--The head of an executive agency may waive
paragraph (1) with respect to a person based upon a written
finding of urgent and compelling circumstances significantly
affecting the interests of the United States. If the head of an
executive agency waives paragraph (1) for a person, the head of
the agency shall submit to Congress, within 30 days after the
waiver is made, a report containing the rationale for the
waiver and relevant information supporting the waiver decision.
(e) Release of Information.--The Secretary of the Treasury shall
make available to all executive agencies a standard form for the
authorization described in subsection (a).
(f) Revision of Regulations.--Not later than 270 days after the
date of enactment of this subsection, the Federal Acquisition
Regulation shall be revised to incorporate the requirements of this
section.
SEC. 4. DISCLOSURE AND EVALUATION OF GRANT APPLICATIONS FROM DELINQUENT
FEDERAL DEBTORS.
(a) In General.--The head of any executive agency that offers a
grant in excess of an amount equal to the simplified acquisition
threshold shall require each person applying for a grant to submit with
the grant application a form--
(1) certifying whether the person has a seriously
delinquent tax debt; and
(2) authorizing the Secretary of the Treasury to disclose
to the head of the executive agency information limited to
describing whether the person has a seriously delinquent tax
debt.
(b) Impact on Determination of Financial Stability.--The head of
any executive agency, in evaluating any application for a grant offered
by the agency, shall consider a certification that the grant applicant
has a seriously delinquent tax debt, or a certification that the
offeror does not have a seriously delinquent tax debt that is
demonstrated to be false by information received from the Secretary of
the Treasury (as authorized under subsection (a)(2)), to be definitive
proof that the applicant is high-risk and, if the applicant is awarded
the grant, shall take appropriate measures under guidelines issued by
the Office of Management and Budget for enhanced oversight of high-risk
grantees.
(c) Suspension.--
(1) Requirement.--Except as provided in paragraph (2), the
head of an executive agency shall propose a person for
suspension under part 180 of title 2, Code of Federal
Regulations, after receiving an offer for a grant from such
person if such offer contains a certification (as required
under subsection (a)(1)) that such person has a seriously
delinquent tax debt.
(2) Waiver.--The head of an executive agency may waive
paragraph (1) with respect to a person based upon a written
finding of urgent and compelling circumstances significantly
affecting the interests of the United States. If the head of an
executive agency waives paragraph (1) for a person, the head of
the agency shall submit to Congress, within 30 days after the
waiver is made, a report containing the rationale for the
waiver and relevant information supporting the waiver decision.
(d) Debarment.--
(1) Requirement.--Except as provided in paragraph (2), the
head of an executive agency shall propose a person for
debarment under part 180 of title 2, Code of Federal
Regulations, after receiving a grant application from such
person if--
(A) such application contains a certification (as
required under subsection (a)(1)) that such person does
not have a seriously delinquent tax debt; and
(B) the head of the agency receives information
from the Secretary of the Treasury (as authorized under
subsection (a)(2)) demonstrating that the certification
submitted by such person is false.
(2) Waiver.--The head of an executive agency may waive
paragraph (1) with respect to a person based upon a written
finding of urgent and compelling circumstances significantly
affecting the interests of the United States. If the head of an
executive agency waives paragraph (1) for a person, the head of
the agency shall submit to the appropriate congressional
committees, within 30 days after the waiver is made, a report
containing the rationale for the waiver and relevant
information supporting the waiver decision.
(e) Release of Information.--The Secretary of the Treasury shall
make available to all executive agencies a standard form for the
authorization described in subsection (a).
(f) Revision of Regulations.--Not later than 270 days after the
date of the enactment of this section, the Director of the Office of
Management and Budget shall revise such regulations as necessary to
incorporate the requirements of this section.
SEC. 5. DEFINITIONS AND SPECIAL RULES.
For purposes of this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Government
Reform of the House of Representatives; and
(C) the committees of the Senate and the House of
Representatives with jurisdiction over the agency
granting the waiver under section 4(c)(2).
(2) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 133 of title 41, United
States Code.
(3) Person.--
(A) In general.--The term ``person'' includes--
(i) an individual;
(ii) a partnership; and
(iii) a corporation.
(B) Exclusion.--The term ``person'' does not
include an individual seeking assistance through a
grant entitlement program.
(C) Treatment of certain partnerships.--A
partnership shall be treated as a person with a
seriously delinquent tax debt if such partnership has a
partner who--
(i) holds an ownership interest of 50
percent or more in that partnership; and
(ii) has a seriously delinquent tax debt.
(D) Treatment of certain corporations.--A
corporation shall be treated as a person with a
seriously delinquent tax debt if such corporation has
an officer or a shareholder who--
(i) holds 50 percent or more, or a
controlling interest that is less than 50
percent, of the outstanding shares of corporate
stock in that corporation; and
(ii) has a seriously delinquent tax debt.
(4) Seriously delinquent tax debt.--
(A) In general.--The term ``seriously delinquent
tax debt'' means an outstanding debt under the Internal
Revenue Code of 1986 for which a notice of lien has
been filed in public records pursuant to section 6323
of such Code.
(B) Exceptions.--Such term does not include--
(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code; and
(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending.
SEC. 6. EFFECTIVE DATE.
This Act shall apply with respect to contracts and grants awarded
on or after the date occurring 270 days after the date of the enactment
of this Act. | Contracting and Tax Accountability Act of 2014 - Requires the head of any executive agency that issues an invitation for bids or a request for proposals for a contract, or that offers a grant, in an amount greater than the simplified acquisition threshold, to require each person submitting a bid or proposal or grant application to submit a form: (1) certifying whether the person has a seriously delinquent tax debt, and (2) authorizing the Secretary of the Treasury to disclose information limited to describing whether such person has such a debt. Subjects a person who submits a certification that he or she has a seriously delinquent tax debt, or whose certification that he or she does not have such a debt is demonstrated to be false, to a negative responsibility determination when applying for a federal contract or grant. Provides for: (1) the suspension from the federal procurement process of a person who certifies that he or she has such a debt, and (2) debarment of a person whose certification that he or she does not have such a debt is demonstrated to be false. Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Exempts from such definition: (1) tax debts that are being paid in a timely manner under an approved installment agreement, and (2) debts for which a collection due process hearing has been requested or is pending. | {"src": "billsum_train", "title": "Contracting and Tax Accountability Act of 2014"} | 2,298 | 325 | 0.713959 | 2.510066 | 0.895368 | 3.667883 | 7.463504 | 0.894161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Recovery Personal
Protection Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Second Amendment to the Constitution states that a
``well regulated militia, being necessary to the security of a
free State, the right of the people to keep and bear arms,
shall not be infringed'', and Congress has repeatedly
recognized this language as protecting an individual right.
(2) In the wake of Hurricane Katrina, State and local law
enforcement and public safety service organizations were
overwhelmed and could not fulfill the safety needs of the
citizens of the State of Louisiana.
(3) In the wake of Hurricane Katrina, the safety of these
citizens, and of their homes and property, was threatened by
instances of criminal activity.
(4) Many of these citizens lawfully kept firearms for the
safety of themselves, their loved ones, their businesses, and
their property, as guaranteed by the Second Amendment, and used
their firearms, individually or in concert with their
neighbors, for protection against crime.
(5) In the wake of Hurricane Katrina, certain agencies
confiscated the firearms of these citizens in contravention of
the Second Amendment, depriving these citizens of the right to
keep and bear arms and rendering them helpless against criminal
activity.
(6) These confiscations were carried out at gunpoint by
nonconsensual entries into private homes, by traffic
checkpoints, by stoppage of boats, and otherwise by force.
(7) The citizens from whom firearms were confiscated were
either in their own homes or attempting to flee the flooding
and devastation by means of motor vehicle or boat, and were
accosted, stopped, and arbitrarily deprived of their private
property and means of protection.
(8) The means by which the confiscations were carried out,
which included intrusion into the home, temporary detention of
persons, and seizures of property, constituted unreasonable
searches and seizures and deprived these citizens of liberty
and property without due process of law in violation of
fundamental rights under the Constitution.
(9) Many citizens who took temporary refuge in emergency
housing were prohibited from storing firearms on the premises,
and were thus treated as second-class citizens who had
forfeited their constitutional right to keep and bear arms.
(10) At least one highly-qualified search and rescue team
was prevented from joining in relief efforts because the team
included individuals with firearms, although these individuals
had been deputized as Federal law enforcement officers.
(11) These confiscations and prohibitions, and the means by
which they were carried out, deprived the citizens of Louisiana
not only of their right to keep and bear arms, but also of
their rights to personal security, personal liberty, and
private property, all in violation of the Constitution and laws
of the United States.
SEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN NATIONAL
EMERGENCIES.
Title VII of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5201) is amended by adding at the end the
following:
``SEC. 706. FIREARMS POLICIES.
``(a) Prohibition on Confiscation of Firearms.--No officer or
employee of the United States (including any member of the uniformed
services), or person operating pursuant to or under color of Federal
law, or receiving Federal funds, or under control of any Federal
official, or providing services to such an officer, employee, or other
person, while acting in support of relief from a major disaster or
emergency, may--
``(1) temporarily or permanently seize, or authorize
seizure of, any firearm the possession of which is not
prohibited under Federal, State, or local law, other than for
forfeiture in compliance with Federal law or as evidence in a
criminal investigation;
``(2) require registration of any firearm for which
registration is not required by Federal, State, or local law;
``(3) prohibit possession of any firearm, or promulgate any
rule, regulation, or order prohibiting possession of any
firearm, in any place or by any person where such possession is
not otherwise prohibited by Federal, State, or local law; or
``(4) prohibit the carrying of firearms by any person
otherwise authorized to carry firearms under Federal, State, or
local law, solely because such person is operating under the
direction, control, or supervision of a Federal agency in
support of relief from the major disaster or emergency.
``(b) Limitation.--Nothing in this section shall be construed to
prohibit any person from requiring the temporary surrender of a firearm
as a condition for entry into any mode of transportation used for
rescue or evacuation during a major disaster or emergency.
``(c) Private Rights of Action.--
``(1) In general.--Any individual aggrieved by a violation
of this section may seek relief in an action at law, suit in
equity, or other proper proceeding for redress against any
person who subjects such individual, or causes such individual
to be subjected, to the deprivation of any of the rights,
privileges, or immunities secured by this section.
``(2) Remedies.--In addition to any existing remedy in law
or equity, under any law, an individual aggrieved by the
seizure or confiscation of a firearm in violation of this
section may bring an action for return of such firearm in the
United States district court in the district in which that
individual resides or in which such firearm may be found.
``(3) Attorney fees.--In any action or proceeding to
enforce this section, the court shall award
the prevailing party, other than the United States, a
reasonable attorney's fee as part of the costs.''.
Passed the House of Representatives July 25, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Disaster Recovery Personal Protection Act of 2006 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit any U.S. officer or employee or any person operating under federal authority, while acting in support of relief from a major disaster or emergency, from: (1) seizing or prohibiting possession of any firearm the possession of which is not otherwise prohibited (other than for forfeiture in compliance with federal law or as evidence in a criminal investigation); (2) requiring registration of any firearm not otherwise required; or (3) prohibiting the carrying of a firearm by any person otherwise authorized to carry a firearm.
Provides that nothing under this Act shall be construed to prohibit requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency.
Authorizes any individual aggrieved by a violation of this Act to seek relief by bringing an action for redress for deprivation of rights and by bringing a civil action in U.S. district court for return of a confiscated firearm. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit the confiscation of firearms during certain national emergencies."} | 1,277 | 236 | 0.427017 | 1.337603 | 0.704759 | 4.815 | 6.06 | 0.945 |
SECTION 1. TAX EXEMPT TREATMENT OF CERTAIN BONDS ISSUED IN CONNECTION
WITH DELINQUENT REAL PROPERTY TAXES.
(a) In General.--Section 148 of the Internal Revenue Code of 1986
is amended by redesignating subsection (i) as subsection (j) and by
inserting after subsection (h) the following new subsection:
``(i) Special Rule for Delinquent Tax Bonds.--
``(1) In general.--For purposes of this section, a bond
which meets the requirements of paragraph (2) shall not be
treated as an arbitrage bond.
``(2) Delinquent tax bond requirements.--A bond meets the
requirements of this paragraph if--
``(A) the bond is issued primarily to facilitate
the collection or receipt of delinquent real property
taxes levied for school districts that provide
education primarily below the post-secondary level,
``(B) all sale proceeds of the issue of which the
bond is a part (other than sale proceeds, if any, to be
used for costs of issuance and the establishment of a
reasonably required reserve or replacement fund) are
transferred, within 30 days after the date of issue of
the bond, to governmental units that levy, collect, or
receive real property taxes,
``(C)(i) the amount of the sale proceeds so
transferred does not exceed the amount of delinquent
real property taxes for the year (or the preceding
year) certified by such units to the issuer of the bond
as uncollected, and
``(ii) such certification is made as of a specific
date which occurs during the 5-month period preceding
the date of the issuance of the bond,
``(D) the maturity date of the bond is not later
than 3 months after the date of the issue, and
``(E) all delinquent real property taxes (and
interest, fees, and penalties attributable to such
taxes) received by such governmental units after the
specific date referred to in subparagraph (C) and
before any maturity date of such issue are used, within
3 months of receipt, for the payment of principal,
interest, or redemption price of the issue of which the
bond is a part (to the extent that such taxes,
interest, fees, and penalties do not exceed such
principal, interest, and redemption price, in the
aggregate).
For purposes of this part, proceeds of the issue which are
transferred in accordance with subparagraph (B) shall be
treated as spent on the date so transferred.
``(3) Refunding bonds.--A bond (or series of bonds) issued
to refund a bond meeting the requirements of paragraph (2)
shall be treated as meeting such requirements only if, in
addition to meeting such requirements--
``(A) the maturity date of the refunding bond is
not later than 26 months after the date of issuance of
the original bond, and
``(B) the requirements of subclauses (II) and (III)
of section 144(a)(12)(A)(ii) are met.''
(b) Coordination With Hedge Bond Rules.--Section 149(g)(3) of such
Code is amended by adding at the end the following new subparagraph:
``(D) Exception for delinquent tax bond.--For
purposes of this subsection, the term `hedge bond'
shall not include any bond that meets the requirements
of section 148(i)(2).''
(c) Coordination With Pooled Financial Bond Rules.--Section
149(f)(4)(B) of such Code is amended--
(1) by striking ``or'' at the end of clause (i),
(2) by striking the period at the end of clause (ii) and
inserting ``, or'', and
(3) by adding at the end the following new clause:
``(iii) section 148(i) applies to such
bond.''
(d) Coordination With Private Activity Bond Rules.--Paragraph (2)
of section 141(c) of such Code (relating to private activity bond;
qualified bond) is amended by striking ``or'' at the end of
subparagraph (A), by striking the period at the end of subparagraph (B)
and inserting ``, or'', and by adding at the end the following new
subparagraph:
``(C) is with respect to a bond which meets the
requirements of section 148(i)(2) (relating to
delinquent tax bonds).''
(e) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act. For
purposes of the preceding sentence, a bond (or series of bonds) issued
to refund a bond shall be treated as being issued on the date of
issuance of the refunded bond, if the refunding bond meets the
requirements of subclauses (I), (II), and (III) of section
144(a)(12)(A)(ii) of the Internal Revenue Code of 1986. | Amends the Internal Revenue Code to provide that certain bonds issued by local governments in connection with delinquent real property taxes (delinquent tax bonds) may be treated as tax exempt.Requires: (1) such a bond to be issued (with a three-month maturity date) primarily to facilitate the collection or receipt of delinquent real property taxes levied for school districts that provide education primarily below the post-secondary level; and (2) that all delinquent real property taxes (and interest, fees, and penalties attributable to them) received by such governmental units after a specified date but before any maturity date are used, within three months of receipt, for the payment of principal, interest, or redemption price of the issue of which the bond is a part (to the extent that such taxes, interest, fees, and penalties do not exceed such principal, interest, and redemption price, in the aggregate). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that certain bonds issued by local governments in connection with delinquent real property taxes may be treated as tax exempt."} | 1,133 | 202 | 0.684516 | 1.906938 | 0.814884 | 6.141243 | 5.621469 | 0.943503 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``1995 Black Revolutionary War
Patriots Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the Black Revolutionary War Patriots
Memorial.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1995''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Black Revolutionary War Patriots Foundation and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on May 15, 1995, and
ending May 15, 1996.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Black Revolutionary War Patriots for the purpose of
raising an endowment to support the construction of a Black
Revolutionary War Patriots Memorial.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Black Revolutionary War Patriots Foundation as may be
related to the expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | 1995 Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial.
Mandates that all surcharges received from coin sales be paid to the Black Revolutionary War Patriots for the purpose of raising an endowment to support the construction of a Black Revolutionary War Patriots Memorial. | {"src": "billsum_train", "title": "1995 Black Revolutionary War Patriots Commemorative Coin Act"} | 1,196 | 86 | 0.560594 | 1.330466 | 0.827605 | 5.074627 | 15.58209 | 0.925373 |
SECTION 1. LEASES, PERMITS, AND CONTRACTS FOR BUILDINGS, FACILITIES,
AND PROPERTIES IN THE NATIONAL WILDLIFE REFUGE SYSTEM.
(a) In General.--The National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) is amended by--
(1) striking section 6 (relating to amendments to other
laws, which have executed);
(2) redesignating section 5 (16 U.S.C. 668ee) as section 6;
and
(3) inserting after section 4 the following:
``SEC. 5. CONCESSION CONTRACTS.
``(a) Contract Requirement.--(1) The Secretary shall not award any
concession that authorizes a person to use any land or water in the
System for any activity described in subsection (b), except under a
contract that complies with the requirements established under
subsection (c).
``(2) The Secretary may not award a contract required under this
subsection except under a competitive bidding process.
``(b) Covered Concession Activities.--(1) The activity referred to
in subsection (a) is any activity conducted to provide accommodations,
facilities, or services to members of the public who are visiting lands
or waters in the System, for the purpose of providing such visitors
recreational, educational, or interpretive enjoyment of lands or waters
in the System.
``(2) Such activity does not include--
``(A) any activity carried out under a procurement
contract, grant agreement, or cooperative agreement required
under chapter 63 of title 31, United States Code;
``(B) the performance of volunteer services; and
``(C) any activity by a governmental entity.
``(c) Standardized Contract.--(1) The Secretary, acting through the
Director, shall issue regulations that establish a standardized
contract for purposes of subsection (a).
``(2) Regulations under this subsection shall authorize a contract
to use a provision other than those specified by the regulations only
if--
``(A) the provision addresses extenuating circumstances
that are specific to a refuge or the contract; and
``(B) the provision is approved by the Director in writing.
``(3) Regulations under this subsection shall require in each
contract provisions that require that any activity conducted in the
System under the contract--
``(A) must be a compatible use; and
``(B) must be designed to--
``(i) conserve the natural and cultural resources
of the System;
``(ii) facilitate the enjoyment of the lands and
waters of the System by visitors to the System; and
``(iii) enhance the such visitors' knowledge of the
natural resources of the System.
``(d) Maintenance and Repair.--(1) Notwithstanding any other
provision of law, the Secretary shall include, in each contract that
authorizes a person to use any land or water in the System for any
activity described in subsection (b), provisions that--
``(A) authorize the person to maintain or repair any
improvement on or in such land or water that the person is
authorized to use for such activity; and
``(B) treat costs incurred by the person for such
maintenance or repair as consideration otherwise required to be
paid to the United States for such use.
``(2) This subsection does not authorize any maintenance or repair
that is not directly related to an activity described in subsection (b)
that is authorized by the contract.
``(3) The United States shall retain title to all property that is
maintained or repaired under this subsection.
``(e) No Compensable Interest.--Nothing in this Act shall be
considered to convey to any person any right to compensation for--
``(1) the value of any maintenance activities, repairs,
construction, or improvements on or in land or water in the
System; or
``(2) buildings, facilities, fixtures, and non-movable
equipment that the person is authorized to use under this Act.
``(f) Expenditure of Fees and Other Payments.--(1) Amounts received
by the United States as fees or other payments required under any
agreement, lease, permit, or contract for use of real property located
in an area in the System shall be available to the Secretary for
expenditure in accordance with this subsection, without further
appropriation.
``(2) Amounts available for expenditure under this subsection may
only be used--
``(A) at the refuge or refuge complex with respect to which
the amounts were received as fees or other payments;
``(B) to increase the quality of the visitor experience;
and
``(C) for purposes of--
``(i) backlogged repair and maintenance projects
(including projects relating to health and safety);
``(ii) interpretation, signage, habitat, or
facility enhancement;
``(iii) resource protection and preservation; or
``(iv) administration of agreements, leases,
permits, and contracts from which such amounts are
derived.
``(3) Paragraph (1) shall not affect the application of the Act of
June 15, 1935 (chapter 261; 16 U.S.C. 715s), commonly referred to as
the Refuge Revenue Sharing Act, to amounts referred to in paragraph (1)
that are not expended by the Secretary under paragraph (1).''.
(b) Application.--Section 5(a) of the National Wildlife Refuge
System Administration Act of 1966, as amended by this section, shall
apply only with respect to a concession that is--
(1) first awarded after the date of the publication of
regulations under section 5(c) of the National Wildlife Refuge
System Administration Act of 1966, as amended by this section;
or
(2) renewed after the end of the 3-year period beginning on
the date of the enactment of this Act.
(c) Deadline for Regulations Establishing Standardized Contract
Requirements.--The Secretary of the Interior shall issue regulations
under section 5(c) of the National Wildlife Refuge System
Administration Act of 1966, as amended by this section, by not later
than 18 months after the date of the enactment of this Act.
(d) Comprehensive Conservation Plan Requirement.--Section 4(e) of
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd) is amended by adding at the end the following:
``(5) The Secretary shall include, in the comprehensive
conservation plan for each refuge under this subsection, a description
of the activities that may be conducted in the refuge, and the lands,
waters, and facilities of the refuge that may be used, under concession
contracts awarded under section 5(a).''.
(e) Prior Amendments Not Affected.--Nothing in this section shall
be construed to affect any amendment made by section 6 of the National
Wildlife Refuge System Administration Act of 1966, as in effect before
the enactment of this Act, or any provision of law amended by such
section.
SEC. 2. ANNUAL REPORT ON NATIONAL WILDLIFE REFUGE CONCESSIONS.
(a) Reporting Requirement.--The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) is further amended
by adding at the end the following:
``SEC. 7. ANNUAL REPORT ON CONCESSION ACTIVITIES IN THE SYSTEM.
``(a) In General.--The Secretary shall submit by December 31 each
year, to the Committee on Resources of the House of Representatives and
the Committee on Environment and Public Works of the Senate, a report
on concessions activities conducted in the System.
``(b) Contents.--Each report under this section shall describe the
following with respect to the period covered by the report:
``(1) The number of refuge units in which concessions
activities were conducted.
``(2) The names and descriptions of services offered in the
System by each concessionaire.
``(3) A listing of the different types of legal
arrangements under which concessionaires operated in the
System, including contracts, memoranda of understanding,
permits, letters of agreement, and other arrangements.
``(4) Amounts of fees or other payments received by the
United States with respect to such activities from each
concessionaire, and the portion of such funds expended for
purposes under this Act.
``(5) An accounting of the amount of monies deposited into
the fund established by section 401 of the Act of June 15, 1935
(chapter 261; 16 U.S.C. 715s), popularly known as the refuge
revenue sharing fund, and of the balance remaining in the fund
at the end of the reporting period.
``(6) A listing of all concession contracts and other
arrangements that were terminated or not renewed within the
reporting period.
``(7) A summary of all improvements in visitor services in
the System that were completed by concessionaires and
volunteers during the reporting period.
``(8) A summary of all backlogged repair and maintenance,
facility enhancement, and resource preservation projects
completed by concessionaires and volunteers during the
reporting period.''.
(b) Deadline for First Report.--The Secretary of the Interior shall
submit the first report under the amendment made by subsecton (a) by
not later than 1 year after the date of the enactment of this Act.
Passed the House of Representatives May 14, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Amends the National Wildlife Refuge System Administration Act of 1966 to prohibit the Secretary of the Interior from awarding any concession that authorizes a person to use any land or water in the National Wildlife Refuge System for any activity conducted to provide accommodations, facilities, or services for visitors' recreational, educational, or interpretive enjoyment of System lands or waters, except under a standardized contract established pursuant to this Act.Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to issue regulations requiring that any activity conducted in the System under the contract must be: (1) a compatible use; and (2) designed to conserve the System's natural and cultural resources, facilitate the enjoyment of System lands and waters, and enhance visitors' knowledge of the natural resources.Requires the Secretary to include in any such contract provisions that: (1) authorize the person to maintain or repair any improvement on or in such land or water that the person is authorized to use; and (2) treat costs incurred by the person for such maintenance or repair as consideration otherwise required to be paid to the United States for such use.Requires amounts received by the United States as fees or other payments required under any contract for use of real property located in an area of the System to be available to the Secretary for expenditure: (1) for use at the refuge or refuge complex with respect to which the amounts were received; (2) to increase the quality of the visitor experience; and (3) for backlogged repair and maintenance projects, for interpretation, signage, habitat, or facility enhancement, for resource protection and preservation, or for administration of agreements from which such amounts are derived.Directs the Secretary to: (1) include in the comprehensive conservation plan for each refuge a description of the activities that may be conducted in the refugee and the lands, water, and facilities of the refuge that may be used under concession contracts; and (2) report annually to specified congressional committees on concessions activities in the System. | {"src": "billsum_train", "title": "To amend the National Wildlife Refuge System Administration Act of 1966 to establish requirements for the award of concessions in the National Wildlife Refuge System, to provide for maintenance and repair of properties located in the System by concessionaires authorized to use such properties, and for other purposes."} | 2,052 | 407 | 0.70341 | 2.302449 | 0.900699 | 5.284264 | 4.903553 | 0.959391 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Efficient Transportation
Act of 2009''.
SEC. 2. INCREASING WEIGHT LIMITATIONS FOR CERTAIN VEHICLES.
Section 127 of title 23, United States Code, is amended by adding
at the end the following:
``(i) Exception to Weight Requirements.--
``(1) In general.--Notwithstanding subsection (a), a State
may authorize a vehicle with a maximum gross weight, including
all enforcement tolerances, that exceeds the maximum gross
weight otherwise applicable under subsection (a) to operate on
the Interstate System routes in the State, if--
``(A) the vehicle is equipped with at least 6
axles;
``(B) the weight of any single axle on a vehicle
does not exceed 20,000 pounds, including enforcement
tolerances;
``(C) the weight of any tandem axle on a vehicle
does not exceed 34,000 pounds, including enforcement
tolerances;
``(D) the weight of any group of 3 or more axles on
a vehicle does not exceed 51,000 pounds, including
enforcement tolerances; and
``(E) the gross weight of the vehicle does not
exceed 97,000 pounds, including enforcement tolerances.
``(2) Special rules.--
``(A) Special exception for certain states.--This
subsection shall not apply to any vehicle exceeding the
maximum gross weight requirements under subsection (a)
which could have operated lawfully within a State
before the date of the enactment of this subsection.
``(B) Increase in axle weight requirement.--A State
may authorize a vehicle to exceed the maximum axle
weight requirements under any one axle grouping in
subparagraph (B), (C), or (D) by not more than 2,000
pounds.
``(3) Approval by state legislature.--Any State seeking to
authorize a vehicle to operate on the Interstate System routes
within its boundaries under paragraph (1) or to increase the
maximum axle weight requirements under paragraph (2) shall do
so by statute.
``(4) Reporting requirements.--
``(A) Annual report.--If a State authorizes
vehicles described in paragraph (1) to operate on
highway routes in the State in a fiscal year, the State
shall submit to the Secretary for the fiscal year an
annual report at such time, in such manner, and
containing such information as the Secretary may
require, including, at a minimum, the following:
``(i) An identification of highway routes
in the State, including routes not on the
Interstate System, on which the State
authorizes vehicles in paragraph (1) to
operate.
``(ii) A description of the operating
requirements and gross vehicle weight limits
applicable to the vehicles in paragraph (1).
``(iii) Safety statistics, including
vehicle miles traveled data, concerning the
vehicles in paragraph (1).
``(B) 5-year assessments.--Following the 5th fiscal
year in which a State authorizes vehicle operations
described in subparagraph (A), and following each 5th
fiscal year thereafter, the State shall include in the
State's annual report under subparagraph (A) an
assessment, developed by the Secretary under
regulation, of the impacts that vehicles described in
paragraph (1) have had on pavement and bridge
maintenance costs incurred by the State in the
preceding 5 fiscal years.
``(C) Public availability.--The Secretary shall
make all information required under subparagraph (A)
and (B) available to the public.
``(5) Termination.--The Secretary may terminate the
operation of vehicles authorized under this subsection on a
specific route if the Secretary determines that such operation
poses an unreasonable safety risk based on an engineering
analysis or an analysis of safety data or any other applicable
data the Secretary may use.
``(6) Waiver of highway funding reduction.--Notwithstanding
subsection (a), the total amount of funds apportioned to each
State under section 104(b)(1) for any period may not be reduced
under subsection (a) if the State authorizes a vehicle
described in paragraph (1) to operate on the Interstate System
in the State in accordance with this subsection.''.
SEC. 3. SAFE AND EFFICIENT VEHICLE BRIDGE INFRASTRUCTURE IMPROVEMENT
PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following new section:
``Sec. 167. Safe and efficient vehicle bridge infrastructure
improvement program
``(a) Establishment.--The Secretary shall establish a safe and
efficient vehicle bridge infrastructure improvement program in
accordance with this section.
``(b) Apportionment of Funds to Eligible States.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall apportion, in accordance with paragraph (2),
the sums made available out of the Safe and Efficient Vehicle
Trust Fund for that fiscal year to carry out this section.
``(2) Ratio to eligible states.--The sums made available
out of the Safe and Efficient Vehicle Trust Fund shall be
apportioned among eligible States in a ratio that--
``(A) the total vehicle miles traveled on
Interstate System highways by vehicles authorized to
travel on such highways pursuant to section 127(i) in
each eligible State, as determined by the Secretary;
bears to
``(B) the total vehicle miles traveled on
Interstate System highways by vehicles authorized to
travel on such highways pursuant to section 127(i) in
all eligible States, as determined by the Secretary.
``(c) Eligible Projects.--An eligible State that receives an
apportionment in a fiscal year under subsection (b) shall use the
amounts of the apportionment for projects eligible for assistance under
section 144 for bridges determined to be eligible for replacement or
rehabilitation under subsection (b) or (c) of such section.
``(d) Contract Authority.--Funds made available out of the Safe and
Efficient Vehicle Trust Fund to carry out this section shall be
available for obligation in the same manner as if the funds were made
available from the Highway Trust Fund (other than the Mass Transit
Account).
``(e) Eligible State Defined.--In this section the term `eligible
State' means a State that authorizes a vehicle described in section
127(i) to operate on the Interstate System within its borders.''.
(b) Clerical Amendment.--The table of sections of chapter 1 of
title 23, United States Code, is amended by adding at the end the
following:
``Sec. 167. Safe and efficient vehicle bridge infrastructure
improvement program.''.
SEC. 4. OVERWEIGHT VEHICLE TAX.
(a) In General.--Section 4481 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Special Rule for Certain Overweight Vehicles.--There is
hereby imposed a tax (in lieu of the tax imposed by subsection (a)) on
the use of any highway motor vehicle described in section 127(i) of
title 23, United States Code. The rate of tax shall be equal to the
lesser of--
``(1) $100 per year, plus $22 for each 1,000 pounds (or
fraction thereof) in excess of 55,000 pounds, or
``(2) $800 per year.''.
(b) Effective Date.--The amendment made by this subsection shall
apply to taxable periods beginning after the date of the enactment of
this Act.
SEC. 5. SAFE AND EFFICIENT VEHICLE TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to the trust fund code) is amended by adding at
the end the following new section:
``SEC. 9511. SAFE AND EFFICIENT VEHICLE TRUST FUND.
``(a) Creation of Fund.--There is hereby established in the
Treasury of the United States a fund to be known as the `Safe and
Efficient Vehicle Trust Fund', consisting of such amounts as may be--
``(1) appropriated to the Safe and Efficient Vehicle Trust
Fund as provided in this section, or
``(2) credited to the Safe and Efficient Vehicle Trust Fund
as provided in section 9602(b).
``(b) Transfer to Safe and Efficient Vehicle Trust Fund of Amounts
Equivalent to Certain Taxes.--There are hereby appropriated to the Safe
and Efficient Vehicle Trust Fund amounts equivalent to the taxes
received in the Treasury under section 4481(g).
``(c) Expenditures From Safe and Efficient Vehicle Trust Fund.--
Amounts in the Safe and Efficient Vehicle Trust Fund shall be
available, as provided by appropriations Acts, for fiscal years
beginning 1 year after the date of the enactment of this Act for
projects eligible for assistance under section 144 of title 23, United
States Code.''.
(b) Conforming Amendments.--The Internal Revenue Code of 1986 is
amended--
(1) in paragraph (1) of section 9503(b) by striking the
period at the end and inserting ``, and taxes received under
section 4481 shall be determined without regard to subsection
(g) thereof.''; and
(2) in the table of sections for subchapter A of chapter 98
by adding at the end the following:
``Sec. 9511. Safe and Efficient Vehicle Trust Fund.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Safe and Efficient Transportation Act of 2009 - Allows a state to authorize the operation of a vehicle with a maximum gross weight (including enforcement tolerances) in excess of certain federal weight limitations on Interstate Highway System (IHS) routes in the state if: (1) the vehicle is equipped with at least six axles; (2) the weight of any single axle does not exceed 20,000 pounds; (3) the weight of any tandem axle does not exceed 34,000 pounds; (4) the weight of any group of three or more axles does not exceed 51,000 pounds; and (5) the gross weight of the vehicle does not exceed 97,000 pounds.
Directs the Secretary of Transportation to establish a safe and efficient vehicle bridge infrastructure improvement program. Requires the Secretary to apportion amounts from the Safe and Efficient Vehicle Trust Fund to states for eligible bridge replacement or rehabilitation projects.
Amends the Internal Revenue Code to: (1) impose an overweight vehicle tax on any vehicles that exceed federal weight limitations operating on the IHS; and (2) establish the Safe and Efficient Vehicle Trust Fund. | {"src": "billsum_train", "title": "To amend title 23, United States Code, with respect to vehicle weight limitations applicable to the Interstate System, and for other purposes."} | 2,153 | 229 | 0.645403 | 1.620112 | 0.742504 | 3.57619 | 9.219048 | 0.947619 |
SECTION 1. ELDERLY HOMELESS VETERANS HOUSING GRANT PILOT PROGRAM.
(a) Establishment.--The Secretary of Veterans Affairs and the
Secretary of Housing and Urban Development shall jointly establish a
pilot program to award grants to nonprofit organizations to provide
homeless veterans with non-transitional housing.
(b) Eligible Organization.--
(1) Nonprofit organization.--The Secretaries may award two
grants under this section to nonprofit organizations that
provide housing to homeless veterans or assist homeless
veterans to find housing.
(2) Locations.--In selecting the nonprofit organizations
under paragraph (1), the Secretaries shall ensure that such
organizations operate in separate geographical locations.
(3) Application.--To be eligible for a grant under this
section, a nonprofit organization shall submit to the
Secretaries an application at such time, in such manner, and
containing such information as the Secretaries may require.
(c) Number and Amount of Grant.--
(1) Number.--The Secretaries--
(A) may award two grants under this section; and
(B) may not award more than one grant to a single
nonprofit organization.
(2) Amount.--A grant awarded under this section may not
exceed $25,000,000.
(d) Use of Grant.--
(1) In general.--A nonprofit organization may use a grant
awarded under this section to--
(A) purchase real property within a single
geographical area to be used to provide up to 200
eligible homeless veterans with non-transitional
housing; and
(B) refurbish or renovate such property.
(2) Eligible homeless veterans.--A homeless veteran is
eligible for housing provided pursuant to this section if the
Secretary of Veterans Affairs determines that the homeless
veteran--
(A) has--
(i) been continuously homeless for a year
or more; or
(ii) during the last three years, had at
least four separate, distinct, and sustained
periods during which the veteran lived or
resided on the streets, in an emergency shelter
for homeless persons, or a combination of both;
(B) has a condition that limits the veteran's
ability to work or perform activities of daily living,
including conditions related to--
(i) a diagnosable substance abuse disorder;
(ii) a serious mental illness;
(iii) a developmental disability; or
(iv) a chronic physical illness or
disability; and
(C) has attained the age of 55.
(e) Case Management.--
(1) In general.--The Secretary of Veterans Affairs shall
provide case management for homeless veterans who receive
housing assistance pursuant to this section. The Secretary
shall maintain a sufficient number of caseworkers to ensure
that the ratio of such homeless veterans to caseworkers does
not exceed 25 to 1.
(2) Provision.--In carrying out paragraph (1), the
Secretary shall allow the non-profit organization awarded a
grant under this section to provide the case management under
paragraph (1) if the non-profit organization elects to provide
such case management.
(f) Report.--Not later than 180 days after the date on which the
pilot grant program terminates pursuant to subsection (i), the
Secretaries shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the pilot grant program
that includes--
(1) the number of veterans served under the program;
(2) the types of services offered under the program to such
veterans;
(3) the amount of money spent under the program on each
such veteran;
(4) a recommendation as to the feasibility and advisability
of continuing the program; and
(5) any other information the Secretaries consider
appropriate.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section $50,000,000.
(h) Homeless Veteran Defined.--In this section, the term ``homeless
veteran'' means a veteran who is homeless (as that term is defined in
section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302(a))).
(i) Termination.--The pilot grant program established under
subsection (a) shall terminate on the date that is two years after the
date on which the Secretaries award a grant under such subsection. | Directs the Secretaries of Veterans Affairs (VA) and Housing and Urban Development (HUD) to jointly establish a two-year pilot program of grants to nonprofit organizations to provide homeless veterans with non-transitional housing. Authorizes the Secretaries to award two grants of up to $25 million each under the program. Allows recipients to use such grant to: (1) purchase real property to provide up to 200 homeless veterans with non-transitional housing, and (2) refurbish or renovate such property.
Makes eligible for such housing veterans of at least 55 years of age who: (1) have been continuously homeless for a year or more or, during the last three years, had at least four separate periods of living on the streets, in an emergency shelter, or a combination thereof; and (2) have a condition that limits their ability to work or perform activities of daily living. Directs the VA Secretary to provide case management for veterans receiving such assistance. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs and the Secretary of Housing and Urban Development to establish a grant pilot program to provide housing to elderly homeless veterans."} | 925 | 197 | 0.723635 | 2.091709 | 0.966268 | 3.659574 | 4.526596 | 0.904255 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Unemployment Insurance
Amendments Act of 1994''.
SEC. 2. WAITING PERIOD FOR UNEMPLOYMENT BENEFITS.
Section 2(a)(1)(A) of the Railroad Unemployment Insurance Act is
amended to read as follows:
``(A) Payment of Unemployment Benefits.--
``(i) Generally.--Except as otherwise provided in this
subparagraph, benefits shall be payable to any qualified
employee for each day of unemployment in excess of 4 during any
registration period within a period of continuing unemployment.
``(ii) Waiting period for first registration period.--
Benefits shall be payable to any qualified employee for each
day of unemployment in excess of 7 during that employee's first
registration period in a period of continuing unemployment if--
``(I) such registration period includes more than 4
days of unemployment; and
``(II) such period of continuing unemployment is
the employee's initial period of continuing
unemployment in the benefit year.
``(iii) Strikes.--
``(I) Initial 14-day waiting period.--If the Board
finds that a qualified employee has a period of
continuing unemployment that includes days of
unemployment due to a stoppage of work because of a
strike in the establishment, premises, or enterprise at
which such employee was last employed, no benefits
shall be payable for such employee's first 14 days of
unemployment due to such stoppage of work.
``(II) Subsequent days of unemployment.--For
subsequent days of unemployment due to the same
stoppage of work, benefits shall be payable as provided
in clause (i) of this subparagraph.
``(III) Subsequent periods of continuing
unemployment.--If such period of continuing
unemployment ends by reason of clause (v) but the
stoppage of work continues, the waiting period
established in clause (ii) shall apply to the
employee's first registration period in a new period of
continuing unemployment based upon the same stoppage of
work.
``(iv) Definition of period of continuing unemployment.--
Except as limited by clause (v), for the purposes of this
subparagraph, the term `period of continuing unemployment'
means--
``(I) a single registration period that includes
more than 4 days of unemployment;
``(II) a series of consecutive registration
periods, each of which includes more than 4 days of
unemployment; or
``(III) a series of successive registration
periods, each of which includes more than 4 days of
unemployment, if each succeeding registration period
begins within 15 days after the last day of the
immediately preceding registration period.
``(v) Special rule regarding end of period.--For purposes
of applying clause (ii), a period of continuing unemployment
ends when an employee exhausts rights to unemployment benefits
under subsection (c) of this section.
``(vi) Limit on amount of benefits.--No benefits shall be
payable to an otherwise eligible employee for any day of
unemployment in a registration period where the total amount of
the remuneration (as defined in section 1(j) of this Act)
payable or accruing to him for days within such registration
period exceeds the amount of the base year monthly compensation
base. For this purpose, an employee's remuneration shall be
deemed to include the gross amount of any remuneration that
would have become payable to that employee but did not become
payable because that employee was not ready or willing to
perform suitable work available to that employee on any day
within such registration period.''.
SEC. 3. WAITING PERIOD FOR SICKNESS BENEFITS.
Section 2(a)(1)(B) of the Railroad Unemployment Insurance Act is
amended to read as follows:
``(B) Payment of Sickness Benefits.--
``(i) Generally.--Except as otherwise provided in this
subparagraph, benefits shall be payable to any qualified
employee for each day of sickness after the fourth consecutive
day of sickness in a period of continuing sickness but
excluding 4 days of sickness in any registration period in such
period of continuing sickness.
``(ii) Waiting period for first registration period.--
Benefits shall be payable to any qualified employee for each
day of sickness in excess of 7 during that employee's first
registration period in a period of continuing sickness if such
registration period begins with 4 consecutive days of sickness
and includes more than 4 days of sickness, except that the
waiting period established in this clause shall not apply to
the first registration period in any subsequent period of
continuing sickness that begins in the same benefit year.
``(iii) Definition of period of continuing sickness.--For
the purposes of this subparagraph, a period of continuing
sickness means--
``(I) a period of consecutive days of sickness,
whether from 1 or more causes; or
``(II) a period of successive days of sickness due
to a single cause without interruption of more than 90
consecutive days which are not days of sickness.
``(iv) Special rule regarding end of period.--For purposes
of applying clause (ii), a period of continuing sickness ends
when an employee exhausts rights to sickness benefits under
subsection (c) of this section.''.
SEC. 4. MAXIMUM DAILY BENEFIT RATE.
Section 2(a)(3) of the Railroad Unemployment Insurance Act is
amended to read as follows:
``(3) The maximum daily benefit rate computed by the Board under
section 12(r)(2) shall be the product of the monthly compensation base,
as computed under section 1(i)(2) for the base year immediately
preceding the beginning of the benefit year, multiplied by 5 percent.
If the maximum daily benefit rate so computed is not a multiple of
$1.00, it shall be rounded down to the nearest multiple of $1.00.''.
SEC. 5. MAXIMUM NUMBER OF DAYS FOR BENEFITS.
(a) In General.--Section 2(c) of the Railroad Unemployment
Insurance Act is amended to read as follows:
``(c) Maximum Number of Days for Benefits.--
``(1) Normal benefits.--
``(A) Generally.--The maximum number of days of
unemployment within a benefit year for which benefits
may be paid to an employee shall be 130, and the
maximum number of days of sickness within a benefit
year for which benefits may be paid to an employee
shall be 130.
``(B) Limitation.--The total amount of benefits
that may be paid to an employee for days of
unemployment within a benefit year shall in no case
exceed the employee's compensation in the base year;
and the total amount of benefits that may be paid to an
employee for days of sickness within a benefit year
shall in no case exceed the employee's compensation in
the base year, except that notwithstanding section
1(i), in determining the employee's compensation in the
base year for the purpose of this sentence, any money
remuneration paid to the employee for services rendered
as an employee shall be taken into account that--
``(i) is not in excess of $775 in any month
before 1989; and
``(ii) in any month in a base year after
1988, is not in excess of an amount that bears
the same ratio to $775 as the monthly
compensation base for that year as computed
under section 1(i) bears to $600.
``(2) Extended benefits.--
``(A) Generally.--With respect to an employee who
has 10 or more years of service as defined in section
1(f) of the Railroad Retirement Act of 1974, who did
not voluntarily retire and (in a case involving
exhaustion of rights to normal benefits for days of
unemployment) did not voluntarily leave work without
good cause, and who had current rights to normal
benefits for days of unemployment or days of sickness
in a benefit year but has exhausted such rights, the
benefit year in which such rights are exhausted shall
be deemed not to be ended until the last day of the
extended benefit period determined under this
paragraph, and extended unemployment benefits or
extended sickness benefits (depending on the type of
normal benefit rights exhausted) may be paid for not
more than 65 days of unemployment or 65 days of
sickness within such extended benefit period.
``(B) Beginning date.--An employee's extended
benefit period shall begin on the employee's first day
of unemployment or first day of sickness, as the case
may be, following the day on which the employee
exhausts the employee's then current rights to normal
benefits for days of unemployment or days of sickness
and shall continue for 7 consecutive 14-day periods,
each of which shall constitute a registration period,
but no such extended benefit period shall extend beyond
the beginning of the first registration period in a
benefit year in which the employee is again qualified
for benefits in accordance with section 3 on the basis
of compensation earned after the first of such
consecutive 14-day periods has begun.
``(C) Termination when employee reaches age of
65.--Notwithstanding any other provision of this
paragraph, an extended benefit period for sickness
benefits shall terminate on the day next preceding the
date on which the employee attains age 65, except that
it may continue for the purpose of paying benefits for
days of unemployment.
``(3) Accelerated benefits.--
``(A) General rule.--With respect to an employee
who has 10 or more years of service as defined in
section 1(f) of the Railroad Retirement Act of 1974,
who did not voluntarily retire, and (in a case
involving unemployment benefits) did not voluntarily
leave work without good cause, who has 14 or more
consecutive days of unemployment, or 14 or more
consecutive days of sickness, and who is not a
qualified employee with respect to the general benefit
year current when such unemployment or sickness
commences but is or becomes a qualified employee for
the next succeeding general benefit year, such
succeeding general benefit year shall, in that
employee's case, begin on the first day of the month in
which such unemployment or sickness commences.
``(B) Exception.--In the case of a succeeding
benefit year beginning in accordance with subparagraph
(A) by reason of sickness, such sentence shall not
operate to permit the payment of benefits in the period
provided for in such sentence for any day of sickness
beginning with the date on which the employee attains
age 65, and continuing through the day preceding the
first day of the next succeeding general benefit year.
``(C) Determination of age.--For the purposes of
this subsection, the Board may rely on evidence of age
available in its records and files at the time
determinations of age are made.''.
(b) Repeal of Deadwood Provision.--Section 2(h) of the Railroad
Unemployment Insurance Act is repealed.
(c) Repeal of Expired Provision.--Section 17 of the Railroad
Unemployment Insurance Act (45 U.S.C. 368), relating to payment of
supplemental unemployment benefits, is repealed.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act.
Passed the House of Representatives August 16, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Railroad Unemployment Insurance Amendments Act of 1994 - Amends the Railroad Unemployment Insurance Act to revise the waiting period for unemployment benefits. Permits an employee to receive up to seven days of unemployment benefits during the first registration period during a time of continued unemployment, under specified conditions. Prohibits payment of benefits during a registration period if the employee had earnings during it of more than the monthly compensation base for the applicable base year.
Makes similar revisions to the waiting period for sickness benefits.
Revises the formula for calculating the maximum daily benefit rate.
Provides extended benefits for up to 65 days of unemployment or 65 days of sickness during a benefit year after exhaustion of regular benefits. | {"src": "billsum_train", "title": "Railroad Unemployment Insurance Amendments Act of 1994"} | 2,501 | 152 | 0.547393 | 1.371911 | 0.769782 | 2.641221 | 17.473282 | 0.824427 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joshua Omvig Veterans Suicide
Prevention Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) suicide among veterans suffering from post-traumatic
stress disorder (PTSD) is a serious problem; and
(2) the Secretary of Veterans Affairs should take into
consideration the special needs of veterans suffering from
post-traumatic stress disorder in developing and implementing
the comprehensive program required by section 3(a).
SEC. 3. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG VETERANS.
(a) Program Required.--The Secretary of Veterans Affairs shall
develop and implement a comprehensive program for reducing the
incidence of suicide among veterans.
(b) Program Elements.--
(1) De-stigmatizing mental health.--The program required by
subsection (a) shall include a national mental health campaign
to increase awareness in the veteran community that mental
health is essential to overall health and that very effective
modern treatments can promote recovery from mental illness. The
campaign may include the following:
(A) Activities targeted at veterans of Operation
Iraqi Freedom and Operation Enduring Freedom and the
families of such veterans.
(B) Monthly messages on the Internet website of the
Department of Veterans Affairs that express the theme
that mental health is essential to overall health.
(C) Inclusion of the theme described in
subparagraph (B) in public addresses, speeches, and
veterans service organization convention addresses by
the Secretary of Veterans Affairs and other senior
officials of the Department.
(2) Training of employees and other personnel.--The program
shall provide for mandatory training on suicide and suicide
prevention for appropriate employees and contractor personnel
(including all medical personnel) of the Department of Veterans
Affairs who interact with veterans. Such training shall include
information pertinent to the job of such employees and
personnel, including information on the following:
(A) Recognition of risk factors for suicide.
(B) Protocols for responding to crisis situations
involving veterans who may be at high risk for suicide.
(C) Best practices for suicide prevention.
(3) Family education and outreach.--The program shall
include programs of outreach to, and education for, veterans
and families of veterans (including, in particular, veterans of
Operation Iraqi Freedom and Operation Enduring Freedom and the
families of such veterans) in order to assist the family
members of veterans in--
(A) eliminating or overcoming stigmas associated
with mental illness;
(B) understanding issues that arise in the
readjustment of veterans to civilian life;
(C) identifying signs and symptoms of mental health
problems; and
(D) encouraging veterans to seek assistance for
such problems.
(4) Peer support program.--
(A) In general.--The program shall provide support
for the development of a program to enable veterans to
serve as peer counselors to--
(i) assist other veterans with mental
health issues; and
(ii) conduct outreach to veterans and
families of veterans on mental health matters.
(B) Training.--The program supported by
subparagraph (A) shall include appropriate training for
peer counselors under the program, including training
in the identification of risk factors for suicide.
(C) Peer support counseling as supplemental
service.--The program supported by subparagraph (A)
shall be offered in addition to other mental health
services already offered by the Department and services
created pursuant to this Act.
(5) Health assessments of veterans.--The program shall
encourage all veterans, when they apply for benefits provided
by the Department, to undergo a mental health assessment at a
Department of Veterans Affairs medical facility (including a
center established under section 1712A of title 38, United
States Code).
(6) Counseling and treatment of veterans.--The program
shall provide for referrals to appropriate counseling and
treatment programs for veterans who show signs or symptoms of
mental health problems.
(7) Suicide prevention counselors.--The program shall
provide for the designation of a suicide prevention counselor
at each Department of Veterans Affairs medical facility other
than centers established under section 1712A of title 38,
United States Code. Each counselor shall work with local
emergency rooms, law enforcement agencies, local mental health
organizations, and veterans service organizations to engage in
outreach to veterans to inform them of mental health services
that are available to them and to improve the coordination of
mental health care to veterans at the local level.
(8) Research on best practices.--
(A) In general.--The program shall provide for
research on best practices for suicide prevention among
veterans.
(B) Steering committee.--The Secretary of Veterans
Affairs shall develop a steering committee to advise
the Secretary of Veterans Affairs on the research
described in subparagraph (A). Such steering committee
shall be comprised of representatives from the
following:
(i) National Institute of Mental Health.
(ii) Substance Abuse and Mental Health
Services Administration.
(iii) Centers for Disease Control and
Prevention.
(9) Substance abuse treatment.--The program shall provide
for referrals to appropriate counseling and treatment programs
of veterans who show signs or symptoms of substance abuse.
(10) 24-hour mental health care.--The program shall include
mechanisms to ensure the availability of services for mental
health care for veterans on a 24-hour basis.
(11) Telephone hotline.--The program may include a toll-
free telephone number (commonly referred to as an ``800
number'') through which veterans may obtain information on and
referrals to appropriate mental health services. The telephone
number shall be serviced by personnel with appropriate mental
health training, and shall be operational at all times.
(12) Other elements.--The program may provide for such
other activities and programs to reduce the incidence of
suicide among veterans as the Secretary of Veterans Affairs
considers appropriate.
SEC. 4. REPORT TO CONGRESS ON SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the programs and activities of the Department
of Veterans Affairs to reduce the incidence of suicide among veterans.
(b) Elements.--The report shall include the following:
(1) A description of the status of the implementation of
the program required by section 3(a).
(2) A description of the scheduled implementation of the
program during the two-year period beginning on the date of the
enactment of this Act, including the costs of implementation of
the program over that period.
(3) A plan for additional programs and activities to reduce
the incidence of suicide among veterans.
(4) Such recommendations for additional legislative or
administrative action as the Secretary considers appropriate to
improve and enhance the suicide prevention programs and
activities of the Department.
(c) Consultation.--In developing the plan required by subsection
(b)(3), the Secretary shall consult with the following:
(1) The National Institute of Mental Health.
(2) The Substance Abuse and Mental Health Services
Administration.
(3) Centers for Disease Control and Prevention. | Joshua Omvig Veterans Suicide Prevention Act - Expresses the sense of Congress that: (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem; and (2) the Secretary of Veterans Affairs should take into consideration the special needs of veterans suffering from PTSD in developing and implementing the program required under this Act.
Directs the Secretary to develop and implement a comprehensive program for reducing the incidence of suicide among veterans.
Requires the program to include: (1) a national mental health campaign to increase mental health awareness in the veteran community; (2) mandatory training on suicide and suicide prevention for appropriate Department of Veterans Affairs (VA) employees and contractor personnel; (3) family education and peer support counseling; (4) veterans' health assessments, counseling, and treatment programs; (5) suicide prevention counselors; (6) research on suicide prevention; (7) treatment programs for veterans suffering from substance abuse; (8) 24-hour veterans' mental health care availability; and (9) a toll-free hotline.
Requires a report from the Secretary to Congress on VA programs and activities to reduce the incidence of suicide among veterans. | {"src": "billsum_train", "title": "A bill to reduce the incidence of suicide among veterans."} | 1,492 | 237 | 0.681044 | 1.825895 | 0.875331 | 4.577586 | 6.237069 | 0.956897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Placement Act of 1995''.
SEC. 2. JOB PLACEMENT VOUCHER PROGRAM.
(a) Addition of Program.--Section 482 of the Social Security Act
(42 U.S.C. 682) is amended--
(1) in subsection (d)(1)(A)(ii)--
(A) in subclause (III), by striking ``and'' at the
end;
(B) in subclause (IV), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(V) a job placement voucher program as
described in subsection (h).'';
(2) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(3) by inserting after subsection (g), the following
subsection:
``(h) Job Placement Voucher Program.--(1) The State agency may
establish and operate a job placement voucher program for individuals
participating in the program under this part.
``(2) A State that elects to operate a job placement voucher
program under this subsection--
``(i) shall establish eligibility requirements for
participation in the job placement voucher program; and
``(ii) may establish other requirements for such voucher
program as the State deems appropriate.
``(3) A job placement voucher program operated by a State under
this subsection shall include the following requirements:
``(A) The State shall identify, maintain, and make
available to an individual applying for or receiving assistance
under part A a list of State-approved job placement
organizations that offer services in the area where the
individual resides and a description of the job placement and
support services each such organization provides. Such
organizations may be publicly or privately owned and operated.
``(B)(i) An individual determined to be eligible for
assistance under part A shall, at the time the individual
becomes eligible for such assistance--
``(I) receive the list and description described in
subparagraph (A);
``(II) agree, in exchange for job placement and
support services, to--
``(aa) execute, within a period of
time permitted by the State, a contract
with a State-approved job placement
organization which provides that the
organization shall attempt to find
employment for the individual; and
``(bb) comply with the terms of the
contract; and
``(III) receive a job placement voucher (in an
amount to be determined by the State) for payment to a
State-approved job placement organization.
``(ii) The State shall impose the sanctions provided for in
section 402(a)(19)(G) on any individual who does not fulfill
the terms of a contract executed with a State-approved job
placement organization.
``(C) At the time an individual executes a contract with a
State-approved job placement organization, the individual shall
provide the organization with the job placement voucher that
the individual received pursuant to subparagraph (B).
``(D)(i) A State-approved job placement organization may
redeem for payment from the State not more than 25 percent of
the value of a job placement voucher upon the initial receipt
of the voucher for payment of costs incurred in finding and
placing an individual in an employment position. The remaining
value of such voucher shall not be redeemed for payment from
the State until the State-approved job placement organization--
``(I) finds an employment position (as determined
by the State) for the individual who provided the
voucher; and
``(II) certifies to the State that the individual
remains employed with the employer that the
organization originally placed the individual with for
the greater of--
``(aa) 6 continuous months; or
``(bb) a period determined by the State.
``(ii) A State may modify, on a case-by-case basis, the
requirement of clause (i)(II) under such terms and conditions
as the State deems appropriate.
``(E)(i) The State shall establish performance-based
standards to evaluate the success of the State job placement
voucher program operated under this subsection in achieving
employment for individuals participating in such voucher
program. Such standards shall take into account the economic
conditions of the State in determining the rate of success.
``(ii) The State shall, not less than once a fiscal year,
evaluate the job placement voucher program operated under this
subsection in accordance with the performance-based standards
established under clause (i).
``(iii) The State shall submit a report containing the
results of an evaluation conducted under clause (ii) to the
Secretary and a description of the performance-based standards
used to conduct the evaluation in such form and under such
conditions as the Secretary shall require. The Secretary shall
review each report submitted under this clause and may require
the State to revise the performance-based standards if the
Secretary determines that the State is not achieving an
adequate rate of success for such State.''.
(b) Conforming Amendments.--Title IV of the Social Security Act (42
U.S.C. 601 et seq.) is amended--
(1) in section 403(l)(1)(A) (42 U.S.C. 603(l)(1)(A)),
(A) in clause (ii)(II) by striking the period and
inserting ``; and''; and
(B) by adding at the end the following new clause:
``(iii) with respect to expenditures made for a job
placement voucher program under section 482(h) in a fiscal
year, the greater of--
``(I) 70 percent; or
``(II) the percentage paid to the State under
clause (ii)(II) plus 10 percent.''; and
(2) in section 431(a)(6) (42 U.S.C. 629a(a)(6))--
(A) by striking ``482(i)(5)'' and inserting
``482(j)(5)''; and
(B) by striking ``482(i)(7)(A)'' and inserting
``482(j)(7)(A)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall be effective with respect to
calendar quarters beginning with the second calendar quarter beginning
after the date of the enactment of this Act. | Job Placement Act of 1995 - Amends part F (Job Opportunities and Basic Skills Training Program) (JOBS) of title IV of the Social Security Act to provide for the inclusion in JOBS of a job placement voucher program under which an individual eligible for assistance under SSA title IV part A (Aid to Families with Dependent Children) will receive a job placement voucher to obtain State-approved job placement and support services to find employment for the individual. | {"src": "billsum_train", "title": "Job Placement Act of 1995"} | 1,444 | 103 | 0.617652 | 1.447057 | 0.96627 | 2.44186 | 15.232558 | 0.813953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Warning Reporting System
Improvement Act of 2014''.
SEC. 2. ADDITIONAL EARLY WARNING REPORTING REQUIREMENTS.
Section 30166(m) of title 49, United States Code is amended--
(1) in paragraph (3)(C)--
(A) by striking ``The manufacturer'' and inserting
the following:
``(i) In general.--The manufacturer''; and
(B) by adding at the end the following:
``(ii) Fatal incidents.--If an incident
described in clause (i) involves fatalities,
the Secretary shall require the manufacturer to
submit, as part of its incident report--
``(I) all initial claims or notice
documents that notified the
manufacturer of the incident;
``(II) any police reports or other
documents describing or reconstructing
the incident; and
``(III) any amendments or
supplements to the documents described
in subclause (I), except for--
``(aa) medical documents
and bills;
``(bb) property damage
invoices or estimates; and
``(cc) documents related to
damages.'';
(2) in paragraph (4), by amending subparagraph (C) to read
as follows:
``(C) Disclosure.--
``(i) In general.--The information provided
to the Secretary pursuant to this subsection--
``(I) shall be disclosed publicly
unless exempt from disclosure under
section 552(b) of title 5; and
``(II) shall be entered into the
early warning reporting database in a
manner that is searchable by
manufacturer name, vehicle or equipment
make and model name, model year, and
type of potential defect.
``(ii) Presumption.--In administering this
subparagraph, the Secretary shall presume in
favor of maximum public availability of
information.
``(iii) Inapplicability of confidentiality
provisions.--In administering this paragraph,
the confidentiality provisions under section
552(b)(4) of title 5, shall not be construed to
prevent the public disclosure of--
``(I) production information
regarding passenger motor vehicles;
``(II) information on incidents
involving death or injury;
``(III) numbers of property damage
claims; or
``(IV) aggregated numbers of
consumer complaints.''; and
(3) by adding at the end the following:
``(6) Use of early warning reports.--The Secretary shall
consider information gathered under this section in proceedings
described in sections 30118 and 30162.''.
SEC. 3. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION VEHICLE
SAFETY DATABASES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, and after consultation with frequent users of
its publicly available databases, the Secretary of Transportation
(referred to in this section as the ``Secretary'') shall improve public
accessibility to information on the National Highway Traffic Safety
Administration's publicly accessible vehicle safety databases by--
(1) improving organization and functionality, including
design features such as drop-down menus, and allowing for data
from all of the publicly accessible vehicle safety databases to
be searched, sorted, aggregated, and downloaded in a manner--
(A) consistent with the public interest; and
(B) that facilitates easy use by consumers;
(2) providing greater consistency in presentation of
vehicle safety issues;
(3) improving searchability about specific vehicles and
issues through standardization of commonly used search terms
and the integration of databases to enable all to be
simultaneously searched using the same keyword search function;
and
(4) ensuring that all documents, studies, investigations,
inspections, incident reports, and other materials related to
an incident that are created or obtained by the National
Highway Traffic Safety Administration be made publicly
available in a manner that is searchable in databases by--
(A) manufacturer name, vehicle or equipment make
and model name, and model year;
(B) type of potential defect;
(C) number of injuries or fatalities; and
(D) any other element that the Secretary determines
to be in the public interest.
(b) Inspection and Investigation Information.--The Secretary
shall--
(1) provide public notice of all inspection and
investigation activities conducted by the Secretary under
section 30166 of title 49, United States Code; and
(2) make such notices, and notice of any enforcement or
other action taken as a result of an inspection or
investigation--
(A) available to consumers on the Internet
immediately after such notice is issued; and
(B) searchable by manufacturer name, vehicle or
equipment make and model name, model year, system or
component, and the type of inspection or investigation
being conducted. | Early Warning Reporting System Improvement Act of 2014 - Revises early warning reporting requirements for manufacturers of motor vehicles regarding possible defects of motor vehicles and motor vehicle equipment. Directs the Secretary of Transportation (DOT) to require a manufacturer in cases where the defect has caused a fatality to provide certain additional information as part of its report to the Secretary. Requires that information to be publicly disclosed and entered into the National Highway Traffic Safety Administration (NHTSA) early warning reporting database. Directs the Secretary to: (1) take specified actions to improve public accessibility to information on NHTSA's public vehicle safety databases; and (2) give public notice via the internet of all inspections or investigations conducted by the Secretary to enforce a motor vehicle safety requirement or order, or that are related to a motor vehicle accident due to a possible defect. | {"src": "billsum_train", "title": "Early Warning Reporting System Improvement Act of 2014"} | 1,052 | 176 | 0.558224 | 1.528452 | 0.804826 | 1.924051 | 6.246835 | 0.822785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Supervisor Training Act of
2006''.
SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.
(a) In General.--Section 4121 of title 5, United States Code, is
amended--
(1) by inserting before ``In consultation with'' the
following:
``(a) In this section, the term `supervisor' means--
``(1) a supervisor as defined under section 7103(a)(10);
``(2) a management official as defined under section
7103(a)(11); and
``(3) any other employee as the Office of Personnel
Management may by regulation prescribe.'';
(2) by striking ``In consultation with'' and inserting
``(b) Under operating standards promulgated by, and in
consultation with,''; and
(3) by striking paragraph (2) (of the matter redesignated
as subsection (b) as a result of the amendment under paragraph
(2) of this subsection) and inserting the following:
``(2)(A) a program to provide interactive instructor-based
training to supervisors on actions, options, and strategies a
supervisor may use in--
``(i) developing and discussing relevant goals and
objectives together with the employee, communicating
and discussing progress relative to performance goals
and objectives and conducting performance appraisals;
``(ii) mentoring and motivating employees and
improving employee performance and productivity;
``(iii) effectively managing employees with
unacceptable performance; and
``(iv) otherwise carrying out the duties or
responsibilities of a supervisor;
``(B) a program to provide interactive instructor-based
training to supervisors on the prohibited personnel practices
under section 2302 (particularly with respect to such practices
described under subsection (b) (1) and (8) of that section) and
the procedures and processes used to enforce employee rights;
and
``(C) a program under which experienced supervisors mentor
new supervisors by--
``(i) transferring knowledge in areas such as
communication, critical thinking, responsibility,
flexibility, motivating employees, and teamwork; and
``(ii) pointing out strengths and areas for
development.
``(c)(1) Not later than 1 year after the date on which an
individual is appointed to the position of supervisor, that individual
shall be required to have completed each program established under
subsection (b)(2).
``(2) After completion of a program under subsection (b)(2) (A) and
(B), each supervisor shall be required to complete a program under
subsection (b)(2) (A) and (B) at least once during each 3-year period.
``(3) Each program established under subsection (b)(2) shall
include provisions under which credit shall be given for periods of
similar training previously completed.
``(d) Notwithstanding section 4118(c), the Office of Personnel
Management shall prescribe regulations to carry out this section,
including the monitoring of agency compliance with this section.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Office of Personnel Management shall
prescribe regulations in accordance with subsection (d) of section 4121
of title 5, United States Code, as added by subsection (a) of this
section.
(c) Effective Date and Application.--
(1) In general.--The amendments made by this section shall
take effect 180 days after the date of enactment of this Act
and apply to--
(A) each individual appointed to the position of a
supervisor, as defined under section 4121(a) of title
5, United States Code, (as added by subsection (a) of
this section) on or after that effective date; and
(B) each individual who is employed in the position
of a supervisor on that effective date as provided
under paragraph (2).
(2) Supervisors on effective date.--Each individual who is
employed in the position of a supervisor on the effective date
of this section shall be required to--
(A) complete each program established under section
4121(b)(2) of title 5, United States Code (as added by
subsection (a) of this section), not later than 3 years
after the effective date of this section; and
(B) complete programs every 3 years thereafter in
accordance with section 4121(c) (2) and (3) of such
title.
SEC. 3. MANAGEMENT COMPETENCY STANDARDS.
(a) In General.--Chapter 43 of title 5, United States Code, is
amended--
(1) by redesignating section 4305 as section 4306; and
(2) inserting after section 4304 the following:
``Sec. 4305. Management competency standards
``(a) In this section, the term `supervisor' means--
``(1) a supervisor as defined under section 7103(a)(10);
``(2) a management official as defined under section
7103(a)(11); and
``(3) any other employee as the Office of Personnel
Management may by regulation prescribe.
``(b) The Office of Personnel Management shall issue guidance to
agencies on standards supervisors are expected to meet in order to
effectively manage, and be accountable for managing, the performance of
employees.
``(c) Each agency shall--
``(1) develop standards to assess the performance of each
supervisor and in developing such standards shall consider the
guidance developed by the Office of Personnel Management under
subsection (b) and any other qualifications or factors
determined by the agency;
``(2) assess the overall capacity of the supervisors in the
agency to meet the guidance developed by the Office of
Personnel Management issued under subsection (b); and
``(3) develop and implement a supervisor training program
to strengthen issues identified during such assessment.
``(d) Every year, or on any basis requested by the Director of the
Office of Personnel Management, each agency shall submit a report to
the Office on the progress of the agency in implementing this
section.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
43 of title 5, United States Code, is amended by striking the
item relating to section 4305 and inserting the following:
``4305. Management competency standards.
``4306. Regulations.''.
(2) Reference.--Section 4304(b)(3) of title 5, United
States Code, is amended by striking ``section 4305'' and
inserting ``section 4306''. | Federal Supervisor Training Act of 2006 - Revises provisions relating to specific training programs for managers of federal agencies. Specifies that the head of each federal agency shall establish: (1) a program to provide training to supervisors on prohibited personnel practices; and (2) a program under which experienced supervisors mentor new supervisors.
Directs the Office of Personnel Management (OPM) to issue guidance to federal agencies on standards supervisors are expected to meet in order to effectively manage, and be accountable for managing, the performance of employees. Requires each agency to: (1) develop standards to assess the performance of each supervisor and, in developing such standards, to consider such guidance developed by OPM and any other qualifications or factors determined by the agency; (2) assess the overall capacity of the supervisors in the agency to meet such guidance; and (3) develop and implement a supervisor training program to strengthen issues identified during such assessment. Instructs each agency, every year, or on any basis requested by the Director of OPM, to submit a report to OPM on the progress of such agency in implementing the requirements specified above with respect to developing those standards. | {"src": "billsum_train", "title": "A bill to amend chapter 41 of title 5, United States Code, to provide for the establishment and authorization of funding for certain training programs for supervisors of Federal employees."} | 1,406 | 239 | 0.544704 | 1.61428 | 0.852173 | 5.545045 | 6.148649 | 0.923423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Remediation and Economic
Development Act of 1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that:
(1) The General Accounting Office has estimated that
between 130,000 and 425,000 abandoned industrial sites will
need cleanup action to become economically viable once again.
(2) The cleanup costs to remediate these ``brownfield''
sites to productive use could reach hundreds of billions of
dollars.
(3) ``Brownfields'' remediation is the number one economic
priority in many American cities.
(4) Encouraging private investment for these remediation
efforts presents an opportunity to create jobs and promote
economic development in localities and the States.
(b) Purpose.--The purpose of this Act is to establish a program
under which the Federal Government, in cooperation with appropriate
State and local entities, shall remediate ``brownfields'' in order to
return them to productive use while conserving prime open space, or
``greenfields''.
SEC. 3. FOR EPA CERTIFICATION OF STATE BROWNFIELD PROGRAMS.
(a) Certification.--The Administrator of the Environmental
Protection Agency (hereinafter in this Act referred to as the
``Administrator'') shall certify any State brownfield program submitted
to the Administrator under this Act that satisfies the criteria of
section 4. Certification of State programs shall be granted only for
programs which have jurisdiction over brownfield sites which have been
contaminated prior to enactment of this Act.
(b) Review.--The Administrator shall review certified State
brownfield programs every 2 years after certification to assure
compliance with certification criteria, and to provide to the States,
where appropriate, technical assistance and expertise.
SEC. 4. EVALUATION CRITERIA FOR STATE BROWNFIELDS PROGRAMS.
A State brownfields program may be certified under this Act if the
program--
(1) covers only contaminated sites that are not listed on
the National Priorities List;
(2) provides for public participation, in good faith prior
to the granting of a release from liability under sections 4
and 5;
(3) provides for the reopening of a brownfields cleanup
proposal:
(A) if any person has undertaken any aspect of the
site assessment or remediation in a fraudulent manner,
including misrepresentation of such person's
relationship to the site;
(B) if a State changes remediation standards by an
order of magnitude;
(C) if a landowner or prospective purchaser of a
brownfield site wishes to change the proposed use of a
site to one that demands a higher cleanup standard; or
(D) if the proposed remediation fails or the remedy
is not properly maintained or operated; and
(4) contains cleanup standards for brownfield sites that
are protective of public health and the environment; and
(5) includes coordination among State agencies for
environmental protection and business/economic development.
SEC. 5. LANDOWNER LIABILITY.
In the case of any brownfield site remediation carried out pursuant
to a State program certified under this Act, upon completion of
remediation pursuant to such program and release from State liability
under any applicable State provisions regarding liability for
contaminated sites, the Administrator shall release the owner of the
brownfield site or the facility operator at such site, or both, from
liability under sections 106 and 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 for the contamination
described in the site assessment and evaluation carried out under the
State program at the site concerned.
SEC. 6. OTHER LIABILITY RELEASES.
In the case of any brownfield site remediation carried out pursuant
to a State program certified under this Act, upon completion of
remediation pursuant to such program and release from State liability
under any applicable State provisions regarding liability for
contaminated sites, the Administrator shall release the following
persons from liability under sections 106 and 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 for the
contamination described in the site assessment and evaluation carried
out under the State program at the site concerned:
(1) Lenders and developers.--Lenders and economic
developers, except that no lender or developer shall be
released from liability under sections 106 and 107 for
pollution directly caused by their actions.
(2) Prospective purchasers.--Prospective purchasers of a
brownfields site.
(3) Local governments.--Local governments who have not been
involved with the management of a brownfields site.
SEC. 7. FEDERAL WAIVER.
If the State brownfield cleanup program includes a waiver from
State permitting requirements, the Administrator may waive relevant
Federal permit requirements to facilitate the site cleanup.
SEC. 8. BROWNFIELDS IRA.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 468B the following new section:
``SEC. 468C. SPECIAL RULES FOR HAZARDOUS WASTE REMEDIATION RESERVES.
``(a) In General.--There shall be allowed as a deduction for any
taxable year the amount of payments made by the taxpayer to a Hazardous
Waste Remediation Reserve (hereinafter referred to as the `Reserve')
during such taxable year.
``(b) Limitation on Amounts Paid Into Reserve.--The amount which a
taxpayer may pay into the Reserve for any taxable year shall not exceed
the lesser of--
``(1) $5,000,000, or
``(2) the excess (if any) of $5,000,000 over the amount
paid into the Reserve for all prior taxable years.
``(c) Income and Deductions of the Taxpayer.--
``(1) Inclusion of amounts distributed.--There shall be
includible in the gross income of the taxpayer for any taxable
year--
``(A) any amount distributed from the Reserve
during such taxable year, and
``(B) any deemed distribution under subsection (e).
``(2) Deduction when economic performance occurs.--In
addition to any deduction under subsection (a), there shall be
allowable as a deduction for any taxable year the amount of the
qualified hazardous waste costs with respect to which economic
performance (within the meaning of section 461(h)(2)) occurs
during such taxable year.
``(d) Hazardous Waste Remediation Reserve.--
``(1) In general.--For purposes of this section, the term
`Hazardous Waste Remediation Reserve' means a reserve
established by the taxpayer for purposes of this section.
``(2) Reserve exempt from taxation.--Any Hazardous Waste
Remediation Reserve is exempt from taxation under this subtitle
unless such Reserve has ceased to be a Hazardous Waste
Remediation Reserve by reason of subsection (e).
Notwithstanding the preceding sentence, any such Reserve shall
be subject to the taxes imposed by section 511 (relating to
imposition of tax on unrelated business income of charitable,
etc. organizations).
``(3) Contributions to reserve.--The Reserve shall not
accept any payments (or other amounts) other than payments with
respect to which a deduction is allowable under subsection (a).
``(4) Use of reserve.--The Reserve shall be used
exclusively to pay the qualified hazardous waste costs of the
taxpayer.
``(5) Prohibitions against self-dealing.--Under regulations
prescribed by the Secretary, for purposes of section 4951 (and
so much of this title as relates to such section), the Reserve
shall be treated in the same manner as a trust described in
section 501(c)(21).
``(e) Deemed Distributions.--
``(1) Disqualification of reserve for self-dealing.--In any
case in which a Reserve violates any provision of this section
or section 4951, the Secretary may disqualify such Reserve from
the application of this section. In any case to which this
paragraph applies, the Reserve shall be treated as having
distributed all of its funds on the date such determination
takes effect.
``(2) Failure to spend funds.--A Reserve shall be treated
as having distributed all of its funds--
``(A) on the date which is 10 years after the date
such Reserve was established unless, as of such date--
``(i) it has been determined that some
property of the taxpayer is contaminated with
hazardous waste, and
``(ii) a remediation plan has been prepared
for such site, and
``(B) except as otherwise provided by the
Secretary, on the date which is 10 years after the date
such Reserve was established unless, as of such date,
it is reasonably anticipated that the remaining funds
in the Reserve will be distributed before the date
which is 15 years after the date such Reserve was
established.
``(f) Penalty for Distributions Not Used For Qualified Hazardous
Waste Costs.--The tax imposed by this chapter for any taxable year in
which any amount distributed from a Reserve is not used exclusively to
pay qualified hazardous waste costs shall be increased by 10 percent of
such amount.
``(g) Qualified Hazardous Waste Costs.--For purposes of this
section, the term `qualified hazardous waste costs' means--
``(1) the costs paid or incurred by the taxpayer in
connection with the assessment of--
``(A) the extent of the environmental contamination
of a site which is owned by the taxpayer, and
``(B) the expected cost of environmental
remediation required for such site, and
``(2) the costs paid or incurred by the taxpayer to
remediate such contamination.
``(h) Controlled Groups.--All persons treated as a single employer
under subsection (a) or (b) of section 52 shall be treated as one
person for purposes of subsection (b), and the dollar amount contained
in such subsection shall be allocated among such persons in such manner
as the Secretary shall prescribe.
``(i) Time When Payments Deemed Made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to the
Reserve on the last day of a taxable year if such payment is made on
account of such taxable year and is made within 2\1/2\ months after the
close of such taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 of such Code is amended by
inserting after the item relating to section 468B the following new
item:
``Sec. 468C. Special rules for hazardous
waste remediation reserves.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Brownfields Remediation and Economic Development Act of 1996 - Directs the Administrator of the Environmental Protection Agency to certify any State program for brownfields (abandoned industrial sites in need of hazardous waste remediation before they may be returned to productive use) if the program: (1) covers only sites that have been contaminated prior to enactment of this Act and are not listed on the National Priorities List; (2) provides for public participation prior to a landowner's release from liability upon completion of site remediation (carried out under a certified program) under State law and under abatement and response provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); (3) provides for a reopening of a cleanup proposal under specified conditions; (4) contains standards for the sites that protect public health and the environment; and (5) includes coordination among State agencies for environmental protection and economic development.
Provides (in addition to the release of landowners from liability described above) for the release from liability under State law and under CERCLA, upon completion of remediation, of lenders and developers (except with respect to pollution directly caused by them), prospective purchasers, and local governments not involved in the management of a site.
Allows the Administrator to waive Federal permit requirements if the State program includes a waiver of State permit requirements.
Amends the Internal Revenue Code to allow an income tax deduction for payments into a tax-exempt Hazardous Waste Remediation Reserve to be used exclusively to pay costs of the taxpayer to: (1) assess the extent of a site's environmental contamination and its expected remediation cost; and (2) remediate the contamination. | {"src": "billsum_train", "title": "Brownfields Remediation and Economic Development Act of 1996"} | 2,389 | 360 | 0.64614 | 2.077609 | 0.908961 | 2.94704 | 6.672897 | 0.94081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oceans Act of 1998''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Commission.--The term ``Commission'' means the
Commission on Ocean Policy established under section 4.
(2) Coastal state.--The term ``coastal State'' means a
State in, or bordering on, the Atlantic, Pacific, or Arctic
Ocean, the Gulf of Mexico, Long Island Sound, or one or more of
the Great Lakes.
(3) Marine environment.--The term ``marine environment''
includes--
(A) the oceans, including coastal and offshore
waters and nearshore saltwater estuaries;
(B) the continental shelf; and
(C) the Great Lakes.
(4) Ocean and coastal activities.--The term ``ocean and
coastal activities'' includes activities consisting of,
affecting, or otherwise related to oceanography, fisheries, or
the management or use of any ocean and coastal resource. The
term does not include military operations and training.
(5) Ocean and coastal resource.--The term ``ocean and
coastal resource'' means any living or nonliving natural,
historic, or cultural resource or mineral found in the marine
environment.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
SEC. 3. EXECUTIVE RESPONSIBILITIES.
(a) National Ocean and Coastal Policy.--The Congress and the
President, after receiving and considering the report of the Commission
under section 4, shall develop and propose a coordinated,
comprehensive, and long-range national policy for the responsible use
and stewardship of ocean and coastal resources for the benefit of the
United States, including a plan to meet the resource monitoring and
assessment facilities and equipment requirements of Federal ocean and
coastal programs.
(b) Biennial Report.--Beginning in January 1999, the President
shall transmit to the Congress biennially a report that shall include a
detailed listing of all existing Federal programs relating to ocean and
coastal activities, including a description of each program, the
current funding for the program, and a projection of the funding level
for the program for each of the following 5 fiscal years.
(c) Budget Coordination.--Each agency or department involved in
ocean and coastal activities shall include with its annual request for
appropriations a report that identifies significant elements of the
proposed agency or department budget relating to ocean and coastal
activities.
(d) Cooperation and Consultation.--In carrying out responsibilities
under this Act, the President--
(1) may use such staff, interagency, and advisory
arrangements as the President finds necessary and appropriate;
and
(2) shall consult with State and local governments and non-
Federal organizations and individuals involved in ocean and
coastal activities.
SEC. 4. COMMISSION ON OCEAN POLICY.
(a) Establishment.--
(1) In general.--There is hereby established the Commission
on Ocean Policy.
(2) Membership.--(A) The Commission shall be composed of 16
members appointed by the President from among individuals who
are knowledgeable in ocean and coastal activities, including
individuals representing State and local governments, ocean-
related industries, academic and technical institutions, and
public interest organizations involved with scientific,
regulatory, economic, and environmental ocean and coastal
activities. The membership of the Commission shall be balanced
geographically to the extent consistent with maintaining the
highest level of expertise on the Commission.
(B) Of the members of the Commission appointed under this
paragraph--
(i) 4 shall be appointed from a list of 8
individuals who shall be recommended by the majority
leader of the Senate in consultation with the Chairman
of the Senate Committee on Commerce, Science, and
Transportation;
(ii) 4 shall be appointed from a list of 8
individuals who shall be recommended by the Speaker of
the House of Representatives in consultation with the
Chairmen of the Committee on Resources, Transportation
and Infrastructure, and Science;
(iii) 2 shall be appointed from a list of 4
individuals who shall be recommended by the minority
leader of the Senate in consultation with the ranking
member of the Senate Committee on Commerce, Science,
and Transportation; and
(iv) 2 shall be appointed from a list of 4
individuals who shall be recommended by the by the
minority leader of the House of Representatives in
consultation with the ranking members of the Committees
on Resources, Transportation and Infrastructure, and
Science.
(C) The members of the Commission shall be appointed for
the life of the Commission by not later than 90 days after the
date of the enactment of this Act.
(3) First meeting.--The Commission shall hold its first
meeting within 30 days after it is established.
(4) Chairman.--The Commission shall elect one of its
members as Chair.
(b) Report.--
(1) In general.--The Commission shall submit to the
Congress and the President, by not later than 18 months after
the date of the establishment of the Commission, a final report
of its findings and recommendations regarding United States
ocean policy.
(2) Public and state review.--Before submitting the final
report to the Congress, the Commission shall--
(A) publish in the Federal Register a notice that
the draft report is available for public review; and
(B) provide a copy of the draft report to the
Governor of each coastal State, the Committees on
Resources, Transportation and Infrastructure, and
Science of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate.
(3) Final report contents, generally.--Subject to paragraph
(4), the final report of the Commission shall include
recommendations for the responsible use and stewardship of
ocean and coastal resources, including the following:
(A) Recommendations for any modifications to United
States laws and regulations, and the administrative
structure of the Executive agencies, that are necessary
to improve the understanding, management, and
conservation and use of, and access to, ocean and
coastal resources.
(B) An assessment of the condition and adequacy of
existing and planned facilities associated with ocean
and coastal activities, including human resources,
vessels, computers, satellites, and other appropriate
platforms and technologies, and recommendations for
investments and improvements in those facilities.
(C) A review of existing and planned ocean and
coastal activities of Federal entities, and
recommendations for changes in such activities
necessary to reduce duplication of Federal efforts.
(D) A review of the cumulative effect of Federal
laws and regulations on United States ocean policy, an
examination of those laws and regulations for
inconsistencies and contradictions that might adversely
affect the conduct of ocean and coastal activities, and
recommendations for resolving any such inconsistencies.
In particular, this portion of the report shall include
an examination of the relationship between the
fisheries development and fisheries conservation
responsibilities of the National Marine Fisheries
Service.
(E) A review of the known and anticipated supply of
and demand for ocean and coastal resources of the
United States.
(F) A review of the relationship between Federal,
State, and local governments and the private sector in
planning and carrying out ocean and coastal activities,
and recommendations for enhancing the role of State and
local governments.
(G) A review of opportunities for the development
of or investment in new products, technologies, or
markets related to ocean and coastal activities.
(H) A review of previous and ongoing State efforts
and Federal efforts to enhance the effectiveness and
integration of ocean activities, including those
occurring offshore and in nearshore saltwater
estuaries.
(4) State comments.--The Commission shall include in the
final report comments received from the Governor of any coastal
State regarding recommendations in the draft report that apply
to areas within the boundaries of that coastal State.
(5) Consideration of factors.--In making its assessments
and reviews and developing its recommendations, the Commission
shall give full and balanced consideration to environmental,
technical, economic, and other relevant factors, with an equal
opportunity for all parties to present a fair and reasonable
case for unbiased consideration by the Commission. All
recommendations should consider effects on private property. To
the greatest extent possible, no recommendations shall have a
negative impact on local economies that are dependent on ocean
and coastal resources. Any data used by the Commission in
making its recommendations for regulations shall be peer
reviewed.
(6) Limitation on recommendations.--The Commission shall
not make any specific recommendations with respect to lands and
waters within the boundary of any State located north of 51
degrees North latitude, or with respect to lands and waters
within the State of Idaho.
(c) Duties of the Chair.--In carrying out the provisions of this
section, the Chair of the Commission shall be responsible for--
(1) the assignment of duties and responsibilities among
staff personnel and their continuing supervision; and
(2) the use and expenditures of funds available to the
Commission.
(d) Compensation.--Members of the Commission shall, subject to the
availability of appropriations, when engaged in the actual performance
of duties of the Commission, receive reimbursement of travel expenses,
including per diem in lieu of subsistence as authorized for persons
employed intermittently in the Government service under section 3109 of
title 5, United States Code.
(e) Staff.--
(1) Executive director.--The Chair of the Commission may,
with the consent of the Commission and without regard to the
civil service laws and regulations, appoint and terminate an
executive director who is knowledgeable in administrative
management and ocean and coastal policy and such other
additional personnel as may be necessary to enable the
Commission to perform its duties.
(2) Compensation.--The executive director shall, subject to
the availability of appropriations, be compensated at a rate
not to exceed the rate payable for Level V of the Executive
Schedule under section 5316 of title 5, United States Code. The
Chairman may fix the compensation of 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 such personnel may not exceed
the rate payable for GS-15, step 7, of the General Schedule
under section 5332 of such title.
(3) Detailees.--Upon a request of the Chair of the
Commission made after consulting with the head of any Federal
agencies responsible for managing ocean and coastal resources,
the head of any such Federal agency may detail appropriate
personnel of the agency to the Commission to assist the
Commission in carrying out its functions under this Act.
Federal Government employees detailed to the Commission shall
serve without reimbursement from the Commission, and shall
retain the rights, status, and privileges of his or her regular
employment without interruption.
(4) Experts and consultants.--To the extent that funds are
available, and subject to such rules as may be prescribed by
the Commission, the executive director of the Commission may
procure the temporary and intermittent 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 payable
for GS-15, step 7, of the General Schedule under section 5332
of title 5, United States Code.
(f) Administration.--
(1) Meetings.--All meetings of the Commission shall be open
to the public, except that a meeting or any portion of it may
be closed to the public if it concerns matters or information
described in section 552b(c) of title 5, United States Code.
Interested persons shall be permitted to appear at open
meetings and present written statements or oral statements at
the discretion of the Commission on the subject matter of the
meeting. The Commission may administer oaths or affirmations to
any person appearing before it.
(2) Notice of meetings.--All open meetings of the
Commission shall be preceded by timely public notice, including
notice in the Federal Register, of the time, place, and subject
of the meeting.
(3) Minutes and other records.--(A) Minutes of each meeting
shall be kept and shall contain a record of the people present,
a description of the discussion that occurred, and copies of
all statements filed. Subject to restrictions set forth in
section 552 of title 5, United States Code, the minutes and
records of all meetings and other documents that were made
available to or prepared for the Commission shall be available
for public inspection and copying at a single location in the
offices of the Commission.
(B) The Commission shall have at least one meeting in each
of the following 6 geographic regions of the United States:
(i) The Northeast.
(ii) The Southeast.
(iii) The Southwest.
(iv) The Northwest.
(v) The Great Lakes States.
(vi) The Gulf of Mexico States.
(g) Cooperation With Other Federal Entities.--
(1) Other federal agencies and departments.--The Commission
may secure directly from any Federal agency or department any
information it considers necessary to carry out its functions
under this Act. Each such agency or department may cooperate
with the Commission and, to the extent permitted by law,
furnish such information to the Commission, upon the request of
the Chair of the Commission.
(2) Mails.--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.
(3) Acquisitions.--The Commission may enter into contracts
with Federal and State agencies, private firms, institutions,
and individuals to assist the Commission in carrying out its
duties. The Commission may purchase and contract without regard
to section 18 of the Office of Federal Procurement Policy Act
(41 U.S.C. 416) and section 8 of the Small Business Act (15
U.S.C. 637), pertaining to competition and publication
requirements, and may arrange for printing without regard to
the provisions of title 44, United States Code. The contracting
authority of the Commission under this Act is effective only to
the extent that appropriations are available for contracting
purposes.
(h) Termination.--The Commission shall cease to exist 30 days after
the date on which it submits its final report.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to support the activities of the Commission $2,000,000 for
fiscal year 1999 and $1,000,000 for fiscal year 2000. Any sums
appropriated may remain available without fiscal year limitation until
the Commission ceases to exist.
Passed the House of Representatives September 15, 1998.
Attest:
Clerk. | Oceans Act of 1998 - Requires that the Congress and the President, after considering the Commission report under this Act, develop a coordinated, comprehensive, and long-range national policy for the use and stewardship of ocean and coastal resources for the benefit of the United States, including a plan to meet the resource monitoring and assessment facilities and equipment requirements of Federal ocean and coastal programs. Mandates a biennial report by the President to the Congress listing all existing Federal programs relating to ocean and coastal activities. Requires each agency or department involved in ocean and coastal activities to include with its annual appropriations request a report identifying elements of its budget relating to ocean and coastal activities.
Establishes the Commission on Ocean Policy and requires it to report to the Congress and the President regarding U.S. ocean policy. Requires opening the draft report for public comment before submitting the final report. Prohibits Commission recommendations regarding lands and waters within: (1) the boundary of any State north of 51 degrees North latitude; or (2) the State of Idaho. Terminates the Commission after submission of its final report. Authorizes appropriations. | {"src": "billsum_train", "title": "Oceans Act of 1998"} | 3,076 | 247 | 0.637901 | 1.694393 | 0.952371 | 4.231481 | 13.925926 | 0.907407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data Security and Breach
Notification Act of 2012''.
SEC. 2. REQUIREMENTS FOR INFORMATION SECURITY.
Each covered entity shall take reasonable measures to protect and
secure data in electronic form containing personal information.
SEC. 3. NOTIFICATION OF INFORMATION SECURITY BREACH.
(a) Notification.--
(1) In general.--A covered entity that owns or licenses
data in electronic form containing personal information shall
give notice of any breach of the security of the system
following discovery by the covered entity of the breach of the
security of the system to each individual who is a citizen or
resident of the United States whose personal information was or
that the covered entity reasonably believes to have been
accessed and acquired by an unauthorized person and that the
covered entity reasonably believes has caused or will cause,
identity theft or other financial harm.
(2) Law enforcement.--A covered entity shall notify the
Secret Service or the Federal Bureau of Investigation of the
fact that a breach of security has occurred if the number of
individuals whose personal information the covered entity
reasonably believes to have been accessed and acquired by an
unauthorized person exceeds 10,000.
(b) Special Notification Requirements.--
(1) Third-party agents.--
(A) In general.--In the event of a breach of
security of a system maintained by a third-party entity
that has been contracted to maintain, store, or process
data in electronic form containing personal information
on behalf of a covered entity who owns or possesses
such data, such third-party entity shall notify such
covered entity of the breach of security.
(B) Covered entities who receive notice from third
parties.--Upon receiving notification from a third
party under subparagraph (A), a covered entity shall
provide notification as required under subsection (a).
(C) Exception for service providers.--A service
provider shall not be considered a third-party agent
for purposes of this paragraph.
(2) Service providers.--
(A) In general.--If a service provider becomes
aware of a breach of security involving data in
electronic form containing personal information that is
owned or possessed by a covered entity that connects to
or uses a system or network provided by the service
provider for the purpose of transmitting, routing, or
providing intermediate or transient storage of such
data, such service provider shall notify the covered
entity who initiated such connection, transmission,
routing, or storage if such covered entity can be
reasonably identified.
(B) Covered entities who receive notice from
service providers.--Upon receiving notification from a
service provider under subparagraph (A), a covered
entity shall provide notification as required under
subsection (a).
(c) Timeliness of Notification.--
(1) In general.--Unless subject to a delay authorized under
paragraph (2), a notification required under subsection (a)
with respect to a security breach shall be made as
expeditiously as practicable and without unreasonable delay,
consistent with any measures necessary to determine the scope
of the security breach and restore the reasonable integrity of
the data system that was breached.
(2) Delay of notification authorized for law enforcement or
national security purposes.--
(A) Law enforcement.--If a Federal law enforcement
agency determines that the notification required under
subsection (a) would impede a civil or criminal
investigation, such notification shall be delayed upon
the written request of the law enforcement agency for
any period which the law enforcement agency determines
is reasonably necessary. A law enforcement agency may,
by a subsequent written request, revoke such delay or
extend the period set forth in the original request
made under this subparagraph by a subsequent request if
further delay is necessary.
(B) National security.--If a Federal national
security agency or homeland security agency determines
that the notification required under this section would
threaten national or homeland security, such
notification may be delayed upon the written request of
the national security agency or homeland security
agency for any period which the national security
agency or homeland security agency determines is
reasonably necessary. A Federal national security
agency or homeland security agency may revoke such
delay or extend the period set forth in the original
request made under this subparagraph by a subsequent
written request if further delay is necessary.
(d) Method and Content of Notification.--
(1) Direct notification.--
(A) Method of notification.--A covered entity
required to provide notification to an individual under
subsection (a) shall be in compliance with such
requirement if the covered entity provides such notice
by one of the following methods:
(i) Written notification, sent to the
postal address of the individual in the records
of the covered entity.
(ii) Telephone.
(iii) Email or other electronic means.
(B) Content of notification.--Regardless of the
method by which notification is provided to an
individual under subparagraph (A) with respect to a
security breach, such notification, to the extent
practicable, shall include--
(i) the date, estimated date, or estimated
date range of the breach of security;
(ii) a description of the personal
information that was accessed and acquired, or
reasonably believed to have been accessed and
acquired, by an unauthorized person as a part
of the security breach; and
(iii) information that the individual can
use to contact the covered entity to inquire
about--
(I) the breach of security; or
(II) the information the covered
entity maintained about that
individual.
(2) Substitute notification.--
(A) Circumstances giving rise to substitute
notification.--A covered entity required to provide
notification to an individual under subsection (a) may
provide substitute notification in lieu of the direct
notification required by paragraph (1) if such direct
notification is not feasible due to--
(i) excessive cost to the covered entity
required to provide such notification relative
to the resources of such covered entity; or
(ii) lack of sufficient contact information
for the individual required to be notified.
(B) Form of substitute notification.--Such
substitute notification shall include at least one of
the following:
(i) A conspicuous notice on the Internet
Web site of the covered entity (if such covered
entity maintains such a Web site).
(ii) Notification in print and to broadcast
media, including major media in metropolitan
and rural areas where the individuals whose
personal information was acquired reside.
(e) Treatment of Persons Governed by Other Federal Law.--Except as
provided in section 4(b), a covered entity who is in compliance with
any other Federal law that requires such covered entity to provide
notification to individuals following a breach of security shall be
deemed to be in compliance with this section.
SEC. 4. APPLICATION AND ENFORCEMENT.
(a) General Application.--The requirements of sections 2 and 3
apply to--
(1) those persons, partnerships, or corporations over which
the Commission has authority pursuant to section 5(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and
(2) notwithstanding section 5(a)(2) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(2)), common carriers subject to
the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(b) Application to Cable Operators, Satellite Operators, and
Telecommunications Carriers.--Sections 222, 338, and 631 of the
Communications Act of 1934 (47 U.S.C. 222, 338, and 551), and any
regulations promulgated thereunder, shall not apply with respect to the
information security practices, including practices relating to the
notification of unauthorized access to data in electronic form, of any
covered entity otherwise subject to those sections.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
section 2 or 3 shall be treated as an unfair or deceptive act
or practice in violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of commission.--
(A) In general.--Except as provided in subsection
(a), the Commission shall enforce this Act in the same
manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Any person who
violates section 3 or 4 shall be subject to the
penalties and entitled to the privileges and immunities
provided in such Act.
(3) Maximum total liability.--Notwithstanding the number of
actions which may be brought against a covered entity under
this subsection, the maximum civil penalty for which any
covered entity may be liable under this subsection for all
actions shall not exceed--
(A) $500,000 for all violations of section 2
resulting from the same related act or omission; and
(B) $500,000 for all violations of section 3
resulting from a single breach of security.
(d) No Private Cause of Action.--Nothing in this Act shall be
construed to establish a private cause of action against a person for a
violation of this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) Breach of security.--The term ``breach of security''
means unauthorized access and acquisition of data in electronic
form containing personal information.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered entity.--
(A) In general.--The term ``covered entity'' means
a sole proprietorship, partnership, corporation, trust,
estate, cooperative, association, or other commercial
entity that acquires, maintains, stores, or utilizes
personal information.
(B) Exemptions.--The term ``covered entity'' does
not include the following:
(i) Financial institutions subject to title
V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801
et seq.).
(ii) An entity covered by the regulations
issued under section 264(c) of the Health
Insurance Portability and Accountability Act of
1996 (Public Law 104-191) to the extent that
such entity is subject to the requirements of
such regulations with respect to protected
health information.
(4) Data in electronic form.--The term ``data in electronic
form'' means any data stored electronically or digitally on any
computer system or other database and includes recordable tapes
and other mass storage devices.
(5) Personal information.--
(A) In general.--The term ``personal information''
means an individual's first name or first initial and
last name in combination with any one or more of the
following data elements for that individual:
(i) Social Security number.
(ii) Driver's license number, passport
number, military identification number, or
other similar number issued on a government
document used to verify identity.
(iii) Financial account number, or credit
or debit card number, and any required security
code, access code, or password that is
necessary to permit access to an individual's
financial account.
(B) Exclusions.--
(i) Public record information.--Personal
information does not include information
obtained about an individual which has been
lawfully made publicly available by a Federal,
State, or local government entity or widely
distributed by media.
(ii) Encrypted, redacted, or secured
data.--Personal information does not include
information that is encrypted, redacted, or
secured by any other method or technology that
renders the data elements unusable.
(6) Service provider.--The term ``service provider'' means
an entity that provides electronic data transmission, routing,
intermediate, and transient storage, or connections to its
system or network, where such entity providing such services
does not select or modify the content of the electronic data,
is not the sender or the intended recipient of the data, and
does not differentiate personal information from other
information that such entity transmits, routes, stores, or for
which such entity provides connections. Any such entity shall
be treated as a service provider under this Act only to the
extent that it is engaged in the provision of such
transmission, routing, intermediate and transient storage, or
connections.
SEC. 6. EFFECT ON OTHER LAWS.
This Act preempts any law, rule, regulation, requirement, standard,
or other provision having the force and effect of law of any State, or
political subdivision of a State, relating to the protection or
security of data in electronic form containing personal information or
the notification of a breach of security.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date that is 1 year after the
date of enactment of this Act. | Data Security and Breach Notification Act of 2012 - Requires commercial entities that acquire, maintain, store, or utilize personal information (covered entities) to take reasonable measures to protect and secure data in electronic form containing personal information.
Directs a covered entity that owns or licenses such data to give notice of any breach of the security of the system that the entity reasonably believes has caused or will cause identity theft or other financial harm to each individual: (1) who is a U.S. citizen or resident; and (2) whose personal information was, or that the covered entity reasonably believes has been, accessed and acquired by an unauthorized person.
Requires a covered entity to notify the Secret Service or the Federal Bureau of Investigation (FBI) of a security breach of personal information involving more than 10,000 individuals.
Requires a third-party entity contracted to maintain, store, or process data containing personal information to notify the covered entity of a breach of security of a system. Requires a service provider to notify the covered entity if it becomes aware of a breach of security involving personal information owned or possessed by a covered entity and if such covered entity can be reasonably identified.
Allows delays of notifications to avoid impeding a civil or criminal investigation or threatening national or homeland security.
Sets forth the methods for notification under this Act.
Preempts information security practices of the Communications Act applicable to telecommunication carriers, satellite operators, and cable operators.
Sets forth civil monetary penalties for violations of this Act.
Exempts financial institutions and entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). | {"src": "billsum_train", "title": "A bill to require certain entities that collect and maintain personal information of individuals to secure such information and to provide notice to such individuals in the case of a breach of security involving such information, and for other purposes."} | 2,839 | 360 | 0.696872 | 2.275005 | 0.869413 | 3.980769 | 8.378205 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CFPB Constitutional Reform Act of
2017''.
SEC. 2. REPLACING THE DIRECTOR WITH A 5-PERSON COMMISSION.
The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et
seq.) is amended--
(1) in section 1011--
(A) by striking subsections (b), (c), and (d);
(B) by redesignating subsection (e) as subsection
(h); and
(C) by inserting after subsection (a) the following
new subsections:
``(b) Bureau Headed by a Commission.--
``(1) In general.--The Bureau shall be headed by a
commission, as provided under this subsection.
``(2) Composition of the commission.--
``(A) In general.--The commission shall be composed
of 5 members who shall be appointed by the President,
by and with the advice and consent of the Senate, from
among individuals who--
``(i) are citizens of the United States;
and
``(ii) have strong competencies and
experiences related to consumer financial
products and services.
``(B) Staggering.--The members of the commission
shall serve staggered terms, which initially shall be
established by the President for terms of 1, 2, 3, 4,
and 5 years, respectively.
``(C) Terms.--
``(i) In general.--Except as provided under
subparagraph (B), each member of the
commission, including the Chair, shall serve
for a term of 5 years.
``(ii) Removal.--The President may remove
any member of the commission for inefficiency,
neglect of duty, or malfeasance in office.
``(iii) Vacancies.--Any member of the
commission appointed to fill a vacancy
occurring before the expiration of the term to
which that member's predecessor was appointed
(including the Chair) shall be appointed only
for the remainder of the term.
``(iv) Continuation of service.--Each
member of the commission may continue to serve
after the expiration of the term of office to
which that member was appointed until a
successor has been appointed by the President
and confirmed by the Senate, except that a
member may not continue to serve more than 1
year after the date on which that member's term
would otherwise expire.
``(v) Other employment prohibited.--No
member of the commission shall engage in any
other business, vocation, or employment.
``(c) Affiliation.--Not more than 3 members of the commission shall
be members of any one political party.
``(d) Chair.--
``(1) Appointment.--The Chair of the commission shall be
appointed by the President from among the members of the
commission.
``(2) Authority.--The Chair shall be the principal
executive officer of the commission, and shall exercise all of
the executive and administrative functions of the commission,
including with respect to--
``(A) the appointment and supervision of personnel
employed under the commission (other than personnel
employed regularly and full time in the immediate
offices of members of the commission other than the
Chair);
``(B) the distribution of business among personnel
appointed and supervised by the Chair and among
administrative units of the commission; and
``(C) the use and expenditure of funds.
``(3) Limitation.--In carrying out any of the Chair's
functions under the provisions of this subsection the Chair
shall be governed by general policies of the commission and by
such regulatory decisions, findings, and determinations as the
commission may by law be authorized to make.
``(e) No Impairment by Reason of Vacancies.--No vacancy in the
members of the commission shall impair the right of the remaining
members of the commission to exercise all the powers of the commission.
Three members of the commission shall constitute a quorum for the
transaction of business, except that if there are only 3 members
serving on the commission because of vacancies in the commission, 2
members of the commission shall constitute a quorum for the transaction
of business. If there are only 2 members serving on the commission
because of vacancies in the commission, 2 members shall constitute a
quorum for the 6-month period beginning on the date of the vacancy
which caused the number of commission members to decline to 2.
``(f) Seal.--The Commission shall have an official seal.
``(g) Compensation.--
``(1) Chair.--The Chair shall receive compensation at the
rate prescribed for level I of the Executive Schedule under
section 5313 of title 5, United States Code.
``(2) Other members of the commission.--The 4 other members
of the commission shall each receive compensation at the rate
prescribed for level II of the Executive Schedule under section
5314 of title 5, United States Code.''.
SEC. 3. DEEMING OF NAME.
Any reference in a law, regulation, document, paper, or other
record of the United States to the Director of the Bureau of Consumer
Financial Protection shall be deemed a reference to the Bureau of
Consumer Financial Protection.
SEC. 4. CONFORMING AMENDMENTS.
(a) Consumer Financial Protection Act of 2010.--
(1) In general.--Except as provided under paragraph (2),
the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481
et seq.) is amended--
(A) by striking ``Director of the Bureau'' each
place such term appears, other than where such term is
used to refer to a Director other than the Director of
the Bureau of Consumer Financial Protection, and
inserting ``Bureau'';
(B) by striking ``Director'' each place such term
appears and inserting ``Bureau'', other than where such
term is used to refer to a Director other than the
Director of the Bureau of Consumer Financial
Protection; and
(C) in section 1002, by striking paragraph (10).
(2) Exceptions.--The Consumer Financial Protection Act of
2010 (12 U.S.C. 5481 et seq.) is amended--
(A) in section 1013(c)(3)--
(i) by striking ``Assistant Director of the
Bureau for'' and inserting ``Head of the Office
of''; and
(ii) in subparagraph (B), by striking
``Assistant Director'' and inserting ``Head of
the Office'';
(B) in section 1013(g)(2)--
(i) by striking ``Assistant director'' and
inserting ``Head of the office''; and
(ii) by striking ``an assistant director''
and inserting ``a Head of the Office of
Financial Protection for Older Americans'';
(C) in section 1016(a), by striking ``Director of
the Bureau'' and inserting ``Chair of the Bureau'';
(D) in section 1017(c)(1), by striking ``Director
and other'';
(E) in section 1027(l)(1), by striking ``Director
and the Bureau'' and inserting ``Chair and the
Bureau''; and
(F) in section 1066(a), by striking ``Director of
the Bureau is'' and inserting ``first member of the
Bureau is''.
(b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5301 et seq.) is amended--
(1) in section 111(b)(1)(D), by striking ``Director of the
Bureau'' and inserting ``Chair of the Bureau''; and
(2) in section 1447, by striking ``Director of the Bureau''
each place such term appears and inserting ``Bureau''.
(c) Electronic Fund Transfer Act.--Section 921(a)(4)(C) of the
Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)) is amended by
striking ``Director of the Bureau of Consumer Financial Protection''
and inserting ``Bureau''.
(d) Expedited Funds Availability Act.--The Expedited Funds
Availability Act (12 U.S.C. 4001 et seq.) is amended by striking
``Director of the'' each place such term appears.
(e) Federal Deposit Insurance Act.--Section 2 of the Federal
Deposit Insurance Act (12 U.S.C. 1812) is amended by striking
``Director of the Consumer Financial Protection Bureau'' each place
such term appears and inserting ``Chair of the Bureau of Consumer
Financial Protection''.
(f) Federal Financial Institutions Examination Council Act of
1978.--Section 1004(a)(4) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)) is amended by
striking ``Director of the Consumer Financial Protection Bureau'' and
inserting ``Chair of the Bureau of Consumer Financial Protection''.
(g) Financial Literacy and Education Improvement Act.--Section 513
of the Financial Literacy and Education Improvement Act (20 U.S.C.
9702) is amended by striking ``Director of the Bureau of Consumer
Financial Protection'' each place such term appears and inserting
``Chair of the Bureau of Consumer Financial Protection''.
(h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home
Mortgage Disclosure Act of 1975 is amended by striking ``Director of
the Bureau of Consumer Financial Protection'' each place such term
appears and inserting ``Bureau of Consumer Financial Protection''.
(i) Interstate Land Sales Full Disclosure Act.--The Interstate Land
Sales Full Disclosure Act is amended--
(1) by amending section 1402(1) to read as follows:
``(1) `Chair' means the Chair of the Bureau of Consumer
Financial Protection;''; and
(2) in section 1416(a), by striking ``Director of the
Bureau of Consumer Financial Protection'' and inserting
``Chair''.
(j) Real Estate Settlement Procedures Act of 1974.--Section 5 of
the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604) is
amended--
(1) by striking ``The Director of the Bureau of Consumer
Financial Protection (hereafter in this section referred to as
the `Director')'' and inserting ``The Bureau of Consumer
Financial Protection''; and
(2) by striking ``Director'' each place such term appears
and inserting ``Bureau''.
(k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage
Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended--
(1) by striking ``Director'' each place such term appears
in headings and text and inserting ``Bureau'';
(2) by striking ``director'' each place such term appears
in headings and inserting ``Bureau''; and
(3) in section 1503, by striking paragraph (10).
(l) Title 44, United States Code.--Section 3513(c) of title 44,
United States Code is amended by striking ``Director of the Bureau''
and inserting ``Bureau''. | CFPB Constitutional Reform Act of 2017 This bill amends the Consumer Financial Protection Act of 2010 to revise the leadership structure of the Consumer Financial Protection Bureau (CFPB). Specifically, the bill replaces the CFPB's director and deputy director with a five-person commission. | {"src": "billsum_train", "title": "CFPB Constitutional Reform Act of 2017"} | 2,572 | 63 | 0.494675 | 1.167567 | 0.655331 | 3.04 | 44.68 | 0.8 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) It is estimated that 10 percent of all individuals who
become infected with HIV/AIDS worldwide are children.
(2) Mother-to-child transmission is the largest source of
HIV infection in children under age 15 and the only source for
very young children. The total number of births to HIV-infected
pregnant women each year in developing countries is
approximately 3,200,000.
(3) In 1999, the United Nations estimated that 570,000
children age 14 or younger became infected with HIV. More than
90 percent were babies born to HIV-positive women. Almost \9/
10\ of these babies were born in sub-Saharan Africa.
(4) It is estimated that 1,800 infants become infected with
HIV each day worldwide.
(5) HIV/AIDS has doubled infant mortality in the most
heavily impacted countries.
(6) HIV may be transmitted during pregnancy, childbirth,
and breastfeeding. The risk of a baby acquiring HIV from an
infected mother ranges between 25-35 percent in developing
countries.
SEC. 2. STATEMENTS OF POLICY.
Congress declares the following:
(1) Primary prevention of mother-to-child transmission
through education and prophylaxis is important to protect women
of childbearing age from becoming infected with HIV in the
first place.
(2) Counseling and voluntary testing are critical services
to help infected women accept their HIV status and the risk it
poses to their unborn child. Mothers who are aware of their
status can make informed decisions about sexual practices,
childbearing, and infant feeding.
(3) Privacy is paramount in counseling and voluntary
services programs where women who are identified as HIV-
positive may face discrimination, violence, and even death.
Measures must be undertaken that protect the pregnant woman's
absolute right to choose, on the basis of full information,
whether to take advantage of the intervention.
(4) Based on an international study performed in Uganda in
1999, the drug nevirapine reduced mother-to-child transmission
of HIV/AIDS by 50 percent when given to the mother during labor
and delivery and when given as a single dose to the infant
within 72 hours of birth. This study constitutes a major
breakthrough in the fight against HIV/AIDS.
(5) The cost of the combined mother and infant dose is
approximately $4, which makes a solution to this particular
mode of transmission practicable in the short to medium term.
(6) Replacement feeding is an important part of the
strategy for lowering the rate of mother-to-child transmission
of HIV/AIDS but should not undermine decades of promoting
breastfeeding as the best possible nutrition for infants--which
has been effective in lowering infant mortality in developing
countries.
(7) The affordability and cost-effectiveness of the
strategy are dependent upon the local health infrastructure and
cooperation with national and local policy decisionmakers and
health professionals.
SEC. 3. PILOT PROGRAMS FOR SUB-SAHARAN AFRICA AND INDIA TO PREVENT
MOTHER-TO-CHILD HIV/AIDS TRANSMISSION.
(a) Establishment of Programs.--The Director of the Centers for
Disease Control and Prevention shall, through the LIFE Initiative
program, establish and carry out pilot programs for sub-Saharan Africa
and India to prevent mother-to-child HIV/AIDS transmission through
effective partnerships with nongovernmental organizations and
university-based research facilities.
(b) Conduct of Programs.--(1) The pilot programs shall be limited
to prenatal voluntary counseling, voluntary testing, and use of
nevarapine and replacement feeding to establish ``best practices''
locally before introducing the services more widely.
(2) The pilot programs shall, at a minimum, consist of activities--
(A) to address the issue of providers failing to recommend
and offer HIV testing to pregnant women;
(B) to voluntarily test and provide counseling services
(with or without testing) that address the needs of pregnant
women are counseled regarding mother-to-child transmission of
HIV/AIDS;
(C) to inform women who are infected of recommendations
about prophylactic treatment and assistance for those women who
elect to undergo treatment to be assisted to adhere to the
treatment regimen before, during, and after delivery;
(D) to counsel women who undergo the treatment with their
infants and assistance to provide replacement feeding formula
in order to ensure that the women do not breastfeed their
babies; and
(E) to provide treatment services that will be available
without regard to age, ancestry, color, disability, national
origin, race, religion, or political status.
(c) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise available
for the purposes of this section, there are authorized to be
appropriated to carry out this section $5,000,000 for each of
the fiscal years 2002 through 2004.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended. | Directs the Director of the Centers for Disease Control and Prevention, through the LIFE Initiative program, to establish and carry out pilot programs for sub-Saharan Africa and India to prevent mother-to-child HIV/AIDS transmission through effective partnerships with nongovernmental organizations and university-based research facilities. Limits pilot programs to prenatal volunteer counseling, voluntary testing, and use of nevarapine and replacement feeding. | {"src": "billsum_train", "title": "To authorize assistance for mother-to-child HIV/AIDS transmission prevention efforts."} | 1,055 | 89 | 0.44977 | 1.225272 | 0.782316 | 7.093333 | 13.626667 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shielding Against Flood Emergencies
Levee Act'' or ``SAFE Levee Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) For over 60 years, the Bureau of Reclamation has used
the channels and sloughs of the Sacramento-San Joaquin Delta to
facilitate the delivery of water to the Federal Central Valley
Project pumps located in the southern edge of the Delta.
(2) The movement of water through these waterways has
created stress, degradation, and weakening of the levees that
are intended to protect adjacent land from flooding.
(3) On July 25, 2012, the Secretary of the Interior
announced details of Federal support for a proposed water
project entitled the Bay Delta Conservation Plan, which calls
for a dual conveyance system that would transport water around
the Delta using an isolated conveyance facility, while also
continuing to move water through the Delta's interior.
(4) Under the Bay Delta Conservation Plan, the Bureau of
Reclamation will continue to rely on the Delta and its levees
to facilitate water deliveries to exporters until and after an
isolated conveyance facility is built.
(5) Despite the Bureau of Reclamation's vested stake in the
stability of these levees, the Department of the Interior has
failed to address levee stability in the Bay Delta Conservation
Plan or through any other rudimentary maintenance measures.
(6) To ensure that Central Valley Project water deliveries
are not disrupted due to levee failure, the Bureau of
Reclamation should provide financial assistance to public levee
owners for maintenance and levee improvements.
SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA LEVEE STABILITY IMPROVEMENTS
RELATED TO BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT
WATER DELIVERIES.
Section 103 of the Calfed Bay-Delta Authorization Act (title I of
Public Law 108-361; 118 Stat. 1683) is amended--
(1) in subsection (e)(2), by striking ``paragraphs (1),
(2), and (4) of subsection (f)'' and inserting ``paragraphs
(1), (2), (4), and (5) of subsection (f)''; and
(2) in subsection (f), by adding at the end the following
new paragraph:
``(5) Delta levee stability maintenance and improvements
related to bureau of reclamation central valley project water
deliveries.--
``(A) Program required.--The Secretary shall
establish a program to provide assistance to non-
Federal interests for stability maintenance and
improvement on levees within the Sacramento-San Joaquin
Delta (as defined in Cal. Water Code Sec. 12220) that
facilitate Bureau of Reclamation water deliveries to
Central Valley Project contractors. The Secretary shall
prioritize the projects for which assistance will be
provided under this paragraph based on the extent to
which the levees covered by the projects are necessary
for Bureau of Reclamation water deliveries.
``(B) Form of assistance.--Assistance provided
under this paragraph may be in the form of financial
assistance for water-supply reliability related levee
maintenance and improvements within the Delta.
``(C) Limitations; continued liability.--The
Secretary may provide assistance for a levee stability
maintenance and improvement project under this
paragraph only if the levee directly facilitates
deliveries of water for the Central Valley Project and
is publically owned. The provision of Federal
assistance shall not be construed to change liability
associated with the levee.
``(D) Federal share.--The Federal share of the cost
of a levee stability maintenance and improvement
project under this paragraph may not exceed 50 percent
of the total project costs. The assistance may be
provided in the form of grants or reimbursements of
project costs.
``(E) Implementation costs.--Costs associated with
implementation of the program under this paragraph may
be considered a reimbursable Federal expenditure
allocable to Central Valley Project subunits south of
the Delta that receive and benefit from water conveyed
through the Delta. Such costs shall be repayable by
water service contractors within those subunits.
``(F) Authorization of appropriations.--There is
authorized to be appropriated such sums as may be
necessary to carry out this paragraph.''.
SEC. 4. EVALUATION OF BENEFITS AND COSTS OF CONVEYANCE ALTERNATIVES
BEING CONSIDERED UNDER THE BAY DELTA CONSERVATION
PLANNING PROCESS.
(a) Benefits and Costs Analysis and Evaluation.--The Secretary of
the Interior shall carry out an analysis and evaluation of the costs
and benefits of options for facilitating conveyance of water deliveries
to Central Valley Project contractors being considered in the Bay Delta
Conservation Planning process, including at least one option that does
not require the construction of one or more water conveyance tunnels.
(b) Required Elements.--The analysis and evaluation under
subsection (a) shall include at a minimum the following:
(1) The total project costs, including environmental
review, planning, design, construction, mitigation, and all
related expenses, and the methods for paying those costs.
(2) The expected impacts of the project on taxpayers, water
ratepayers, and the general fund of the Treasury.
(3) Whether the analysis of the costs and benefits
determines that the direct social and environmental benefits of
any proposed project or plan outweigh its social and
environmental costs over the analysis period.
(c) Presentation.--The analysis conducted under subsection (a)
shall be displayed as either the quotient of benefits divided by costs
representing the benefit to cost ratio, the difference between benefits
and costs representing the net benefits, or both. The analysis shall
include whether the present value of the proposed project exceeds the
present value of its net benefits over the life of the project or plan.
(d) Submission.--The Secretary shall report the findings of the
analysis and evaluation conducted under subsection (a) to the Committee
on Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate no later than June 30,
2013. | Shielding Against Flood Emergencies Levee Act or SAFE Levee Act - Amends the Calfed Bay-Delta Authorization Act to direct the Secretary of the Interior to: (1) establish a program to provide assistance to non-federal interests for stability maintenance and improvement on levees within the Sacramento-San Joaquin Delta that facilitate Bureau of Reclamation water deliveries to Central Valley Project (CVP) contractors, and (2) prioritize projects based on the extent to which the levees covered are necessary for Bureau water deliveries.
Permits: (1) assistance to be in the form of grants or reimbursements of project costs for water-supply reliability related levee maintenance and improvements within the Delta, (2) the Secretary to provide assistance for a levee stability maintenance and improvement project only if the levee directly facilitates deliveries of water for the CVP and is publicly owned, and (3) costs associated with program implementation to be considered a reimbursable federal expenditure allocable to and repayable by CVP sub-units south of the Delta that receive and benefit from water conveyed through the Delta. Limits the federal share from exceeding 50% of the total costs of a project.
Directs the Secretary to carry out an analysis and evaluation of the costs and benefits of options for facilitating conveyance of water deliveries to CVP contractors being considered in the Bay Delta Conservation Planning process, including at least one option that does not require the construction of one or more water conveyance tunnels. | {"src": "billsum_train", "title": "To amend the Calfed Bay-Delta Authorization Act to authorize the Secretary of the Interior to provide assistance to non-Federal interests for levee stability improvements located within the Sacramento-San Joaquin Delta related to Bureau of Reclamation Central Valley Project water deliveries, and for other purposes."} | 1,359 | 329 | 0.619885 | 2.069784 | 0.794513 | 4.985294 | 4.459559 | 0.948529 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Plain Regulations Act of
2013''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the effectiveness and
accountability of Federal agencies to the public by promoting clear
regulations that are easier for the Government to implement and for the
public to comply with.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means an Executive agency,
as that term is defined in section 105 of title 5, United
States Code.
(2) Regulation.--The term ``regulation'' means a rule, as
that term is defined in section 551(4) of title 5, United
States Code, that is issued by an agency.
(3) Plain language.--The term ``plain language'' means
language that is clear, concise, well-organized, minimizes
cross references, and follows other best practices appropriate
to the subject or field and intended audience.
SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.
(a) Preparation for Implementation of Plain Writing Requirements
for Regulations.--
(1) In general.--Not later than 9 months after the date of
the enactment of this Act, the head of each agency shall--
(A) designate one or more senior officials within
the agency to oversee the agency implementation of this
Act;
(B) communicate the requirements of this Act to the
employees of the agency;
(C) train employees of the agency to use plain
language in developing, writing, and implementing
regulations;
(D) establish a process for overseeing the ongoing
compliance of the agency with the requirements of this
Act; and
(E) serve as an agency point-of-contact to receive
and respond to public input on--
(i) agency implementation of this Act; and
(ii) the agency reports required under
section 6.
(2) Persons designated.--Persons designated under paragraph
(1)(A) or (1)(E) may be the same persons designated to carry
out similar functions under the Plain Writing Act of 2010
(Public Law 111-272; 5 U.S.C. 301 note).
(b) Requirement To Use Plain Language in New and Revised
Regulations.--Not later than 12 months after the date of the enactment
of this Act, each agency shall use plain language in accordance with
the guidance issued by the Director of the Office of Management and
Budget under the Plain Writing Act of 2010 (Public Law 111-274; 5
U.S.C. 301 note) in all new and substantially revised proposed and
final regulations issued by the agency.
(c) Certification of Compliance.--For each proposed or final
regulation of an agency, the head of the agency or a person designated
under subsection (a)(1) shall certify to the Director that the agency
head has read the text of the proposed or final regulation and that it
is in plain language.
(d) Exemption From Certain Information Collection Provisions.--
Agency actions to collect information from the public about a
regulation are exempt from the information collection provisions of
sections 3506(c) and 3507 of title 44, United States Code, if the
agency head certifies that the sole reason for the information
collection is to improve the clarity of the regulation under the
requirements of this Act.
SEC. 5. RESPONSIBILITIES OF OFFICE OF MANAGEMENT AND BUDGET.
(a) Return of Regulations.--If the Director finds that the agency
did not follow the guidance issued by the Director under the Plain
Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) on any
proposed or final regulation issued by an agency, the Director shall
return the regulation to the agency to be redrafted in plain language
and resubmitted to the Director for approval.
(b) Publication of Certifications.--The Director shall publish the
certifications from agency heads required under section 4(c) on the
official Web site of the Office of Management and Budget.
SEC. 6. REPORTS.
(a) Initial Report.--Not later than 9 months after the date of the
enactment of this Act, the head of each agency shall publish on the
plain writing section of the agency's Web site created under the Plain
Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) a report
that describes the agency plan for compliance with the requirements of
this Act.
(b) Annual Compliance Report.--Not later than 18 months after the
date of the enactment of this Act, and annually thereafter, the head of
each agency shall publish on such plain writing section of the agency's
Web site a report on agency compliance with the requirements of this
Act.
SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY.
(a) Judicial Review.--No court shall have jurisdiction to review
compliance or noncompliance with any provision of this Act.
(b) Enforceability.--No provision of this Act shall be construed to
create any right or benefit, substantive or procedural, enforceable by
any administrative or judicial action. | Plain Regulations Act of 2013 - Requires the head of each executive agency to: (1) implement a program for using plain language in writing new and revised regulations, and (2) certify to the Director of the Office of Management and Budget (OMB) that each proposed or final rule is in plain language. Requires the Director to: (1) publish agency certifications of compliance with plain language requirements on OMB's website, and (2) return proposed agency regulations that fail to meet such requirements to be redrafted and resubmitted for approval. Denies jurisdiction to any court to review compliance or noncompliance with any provision of this Act. | {"src": "billsum_train", "title": "Plain Regulations Act of 2013"} | 1,130 | 138 | 0.544649 | 1.534011 | 0.689205 | 3.064516 | 8.137097 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Government Accounting Act
of 2011''.
SEC. 2. FINANCIAL STATEMENTS.
(a) In General.--With respect to a fiscal year, the head of each
agency shall prepare and submit to the Comptroller General a quarterly
consolidated financial statement for each of the first three quarters
of such fiscal year and an annual consolidated financial statement for
such fiscal year as a whole for such agency based on the fair-value
accrual accounting method. Such statement shall include for such
agency--
(1) all future certain liabilities, including all
contingent liabilities that can be reasonably estimated;
(2) all liabilities that may require future taxes for
present liabilities; and
(3) other expenditures and liabilities.
(b) Submission Deadlines.--
(1) Quarterly financial statements.--Each quarterly
financial statement required by subsection (a) shall be
submitted not later than 90 days after the end of the fiscal
quarter.
(2) Annual financial statements.--Each annual financial
statement required by subsection (a) shall be submitted not
later than 180 days after the end of the fiscal year.
(c) Generally Accepted Accounting Principles and Footnote
Disclosures.--Each statement described under subsection (a) shall be
prepared in accordance with generally accepted accounting principles
applied on a consistent basis and include footnote disclosures.
(d) Web Site.--Not later than 10 days after the submission of any
financial statements to the Comptroller General under subsection (a),
the Comptroller General shall publish all such statements on a single,
searchable, downloadable, up-to-date Web site accessible by the public,
that allows a user to search accounts and associated activities by an
agency and by each office, bureau, and activity of an agency.
(e) Agency Defined.--In this section, the term ``agency'' has the
meaning given that term in section 101 of title 31, United States Code.
(f) Auditing of Financial Statements.--Subchapter II of chapter 7
of title 31, United States Code, is amended by adding at the end the
following new section:
``Sec. 721. Audit of agency consolidated financial statements
``(a) In General.--Each year, the Comptroller General shall, in
accordance with generally accepted auditing standards, audit the
consolidated financial statements prepared by each agency for each
fiscal year under section 2(a) of the Truth in Government Accounting
Act of 2011.
``(b) Records and Property.--To carry out this section, the head of
each agency shall provide the Comptroller General with all records and
property of or used by each such agency in the preparation of the
consolidated financial statements under section 2(a) of the Truth in
Government Accounting Act of 2011 that the Comptroller General
determines to be statistically meaningful. The Comptroller General
shall give the head of each agency a current list of officers and
employees to whom, with proper identification, records and property may
be made available, and who may make notes or copies necessary to carry
out the audit. The head of each agency shall provide the Comptroller
General with suitable facilities to carry out the audit.''.
SEC. 3. PREPARATION OF THE BUDGET.
(a) The President.--Section 1105(a) of title 31, United States
Code, is amended--
(1) by redesignating the second paragraph (37) as paragraph
(39); and
(2) by adding at the end the following new paragraph:
``(40) A summary of how the use of accrual accounting
procedures would affect the estimated expenditures,
appropriations, and receipts of the Government in the fiscal
year for which the budget is submitted.''.
(b) Office of Management and Budget.--The Director of the Office of
Management and Budget shall prepare all of the budgets submitted to the
President according to both accrual accounting procedures and the cash
basis accounting method.
SEC. 4. ZERO-BASELINE BUDGETING.
(a) Changes in the Baseline.--(1) Section 257(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended--
(A) in the second sentence of paragraph (1), by striking
everything that follows ``current year,'' and inserting
``excluding resources designated as an emergency requirement
and any resources provided in supplemental appropriation
laws.'';
(B) by striking paragraphs (2), (3), (4), and (5);
(C) by redesignating paragraph (6) as paragraph (2); and
(D) by inserting after paragraph (2) the following new
paragraph:
``(3) No adjustment for inflation.--No adjustment shall be
made for inflation or for any other factor.''.
(2) Section 257(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding at the end the following new
paragraph:
``(4) No adjustment for inflation.--No adjustment shall be
made for inflation or for any other factor for any direct
spending program.''.
(b) Extension.--The second sentence of section 275(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
inserting ``other than subsections (a) through (d) of section 257''
after ``title''.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
October 1, 2012. | Truth in Government Accounting Act of 2011 - Requires the head of each federal agency to prepare for a fiscal year and submit to the Comptroller General (GAO) three quarterly and one annual consolidated financial statement based on the fair-value accrual accounting method. Requires such statement to include all future certain liabilities and all contingent liabilities that can be reasonably estimated, all liabilities that may require future taxes for present liabilities, and other expenditures and liabilities. Requires the Comptroller General to publish all such statements on a website accessible by the public that allows a user to search agency accounts and activities by each office, bureau, and activity of an agency.
Requires the Comptroller General to audit the consolidated financial statements prepared by each federal agency for each fiscal year.
Requires the President's annual budget to include a summary of how the use of accrual accounting procedures would affect the estimated expenditures, appropriations, and receipts of the government in the fiscal year in which the budget is submitted.
Requires the Director of the Office of Management and Budget (OMB) to prepare all of the budgets submitted to the President according to both accrual accounting procedures and the cash basis accounting method.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require the Congressional Budget Office (CBO) to use current-year spending as the baseline for estimating future mandatory and discretionary changes in spending. | {"src": "billsum_train", "title": "To require each agency to prepare and make public quarterly and annual consolidated financial statements using the fair-value accrual accounting method, to require the Congressional Budget Office to use current-year spending as the baseline for estimating future mandatory and discretionary changes, and for other purposes."} | 1,194 | 316 | 0.647788 | 1.893285 | 0.7524 | 4.631179 | 4.201521 | 0.927757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Institutions Due Process
Act of 2017''.
SEC. 2. TIMELINESS OF EXAMINATION REPORTS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.) is amended by adding at the end the following:
``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS.
``(a) In General.--
``(1) Final examination report.--A Federal financial
institutions regulatory agency shall provide a final
examination report to a financial institution not later than 60
days after the later of--
``(A) the exit interview for an examination of the
institution; or
``(B) the provision of additional information by
the institution relating to the examination.
``(2) Exit interview.--With respect to an examination of a
financial institution by a Federal financial institutions
regulatory agency, if the financial institution is not subject
to a resident examiner program, the exit interview for such
examination shall occur not later than the end of the 9-month
period beginning on the commencement of the examination, except
that such period may be extended by the Federal financial
institutions regulatory agency by providing written notice to
the financial institution describing with particularity the
reasons that a longer period is needed.
``(b) Examination Materials.--Upon the request of a financial
institution, the Federal financial institutions regulatory agency shall
include with a final examination report an appendix listing all
examination or other factual information relied upon by the agency in
support of a material supervisory determination.''.
SEC. 3. INDEPENDENT EXAMINATION REVIEW PANEL.
(a) In General.--The Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 2,
is further amended by adding at the end the following new section:
``SEC. 1013. INDEPENDENT EXAMINATION REVIEW PANEL.
``(a) In General.--
``(1) Establishment.--There is established in the executive
branch the Independent Examination Review Panel (in this
section referred to as the `Panel').
``(2) Judges.--The Panel shall consist of three judges,
appointed as follows:
``(A) One judge appointed by the Council with
extensive financial institutions regulatory agency
experience.
``(B) One judge appointed by the Securities and
Exchange Commission with legal and public accounting
experience.
``(C) One judge appointed by the Council, selected
from candidates with private sector senior management-
level experience with legal or public accounting
background and recommended to the Council by a
financial institution or a financial institution trade
association.
``(3) Terms.--
``(A) In general.--Each judge appointed to the
Panel shall serve for a term of 3 years, except as
provided in subparagraph (B). No judge may be appointed
to serve more than 2 terms.
``(B) Terms of initial appointees.--Of the judges
first appointed to the Panel--
``(i) the judge appointed pursuant to
paragraph (2)(A) shall be appointed for a term
of 1 year;
``(ii) the judge appointed pursuant to
paragraph (2)(B) shall be appointed for a term
of 2 years; and
``(iii) the judge appointed pursuant to
paragraph (2)(C) shall be appointed for a term
of 3 years.
``(4) Requirements for appointment.--An individual
appointed under subparagraph (B) or (C) of paragraph (2)
shall--
``(A) be a licensed attorney and a certified public
accountant authorized to practice under the laws of a
State, the District of Columbia, the Commonwealth of
Puerto Rico, or any other territory or possession of
the United States; and
``(B) have relevant subject matter education and
work-related experience, including working knowledge of
generally accepted accounting principles, as determined
by the entity making the appointment.
``(b) Jurisdiction.--The Panel shall have exclusive jurisdiction of
an appeal of a final material supervisory determination of a Federal
financial institutions regulatory agency. The Panel shall determine the
merits of the appeal, after an opportunity for a hearing on the record.
``(c) Standard of Review.--In an appeal heard by the Panel under
this section, the Panel may not defer to the opinions of an examiner or
a Federal financial institutions regulatory agency, but shall
independently determine the appropriateness of the Federal financial
institutions regulatory agency's decision based upon the relevant
statutes, regulations, judicial precedents, and previous decisions of
the Panel.
``(d) Notice.--
``(1) In general.--A financial institution seeking an
appeal under this section shall file a written notice with the
Panel within 30 days after receiving the final material
supervisory determination from the agency, or within 270 days
after receiving the final examination report, whichever occurs
first.
``(2) Contents of notice.--The written notice shall
identify the final material supervisory determination that is
the subject of the appeal and a statement of the reasons why
the financial institution believes such determination should be
modified.
``(e) Information To Be Provided to Institution Prior to Hearing
Before the Panel.--Any information relied upon by a Federal financial
institutions regulatory agency in a final examination report that is
not in the possession of a financial institution requesting an appeal
under this section may be requested by the financial institution and,
if requested, shall be delivered promptly by the agency to the
financial institution.
``(f) Hearing.--If a financial institution requests a hearing
before the Panel in connection with an appeal by the financial
institution under this section, the hearing shall--
``(1) take place not later than 60 days after the date on
which the notice of the appeal was received by the Panel; and
``(2) be conducted pursuant to the procedures set forth
under sections 556 and 557 of title 5, United States Code.
``(g) Decision.--A decision by the Panel on an appeal under this
section shall be made not later than--
``(1) 60 days after the date on which the notice of appeal
is filed with the Panel; or
``(2) 30 days after the date on which a hearing under
subsection (f) has concluded, if a hearing is requested by the
financial institution.
``(h) Right to Judicial Review.--A financial institution and the
Federal financial institution regulatory agency that made the material
supervisory determination appealed under this section shall have the
right to petition for review of the decision of the Panel under this
section by filing a petition for review not later than 60 days after
the date on which the decision was made in the United States Court of
Appeals for the District of Columbia Circuit or the circuit in which
the financial institution is located.
``(i) Reports and Publication.--
``(1) Reports.--The Panel shall, within 90 days of the end
of each calendar year, report final decisions made under
subsection (g) during such calendar year to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives. Such reports may not contain confidential or
privileged information shared by financial institutions.
``(2) Publication.--Any report submitted under paragraph
(1) shall be made available on the Council's website in such a
manner that such reports may serve as precedent for future
disputes.
``(j) Expenses.--
``(1) In general.--The reasonable costs and expenses
incurred by the Panel shall be paid by the Council.
``(2) Salaries.--Compensation for the judges appointed to
the Panel under this section shall be determined by the Council
and based upon the fair market value of the level of service
and time provided considering the training, knowledge, and
experience needed to properly and professionally carry out the
duties required.
``(k) Retaliation Prohibited.--A Federal financial institutions
regulatory agency may not--
``(1) retaliate against a financial institution, including
service providers, or any institution-affiliated party, for
exercising appellate rights under this section; or
``(2) delay or deny any agency action that would benefit a
financial institution or any institution-affiliated party on
the basis that an appeal under this section is pending under
this section.''.
(b) Definition.--Section 1003 of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3302) is amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by adding ``and'' at the end; and
(3) by adding at the end the following new paragraph:
``(4) the term `material supervisory determinations' has
the meaning given such term in section 309(f) of the Riegle
Community Development and Regulatory Improvement Act of 1994
(12 U.S.C. 4806(f)).''.
SEC. 4. TIMELINESS OF REQUIRED PERMISSION, REGULATORY, AND REPORTING
GUIDANCE.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.), as amended by section 3, is further amended
by adding at the end the following new section:
``SEC. 1014. TIMELINESS OF REQUIRED PERMISSION, REGULATORY, AND
REPORTING GUIDANCE.
``(a) Request for Permission or Guidance.--A financial institution
may request a written determination by a Federal financial institutions
regulatory agency of--
``(1) the agency's permission to take an action where
permission is mandated by regulation;
``(2) the agency's interpretation of a law or regulation;
and
``(3) the agency's interpretation of generally accepted
accounting principals or accounting objectives, standards, and
requirements under section 37 of the Federal Deposit Insurance
Act.
``(b) Contents of Request.--A request made under subsection (a)
shall be in writing and contain all the information needed to
communicate to the Federal financial institutions regulatory agency the
following:
``(1) The nature of the request.
``(2) Applicable facts relating to the matter.
``(3) Applicable law, regulation, or generally accepted
accounting principals relating to the matter.
``(4) Discussion relative to the nature of the request
summarizing the financial institution's position or summary of
the request.
``(c) Response to Request.--A Federal financial institutions
regulatory agency receiving a request under subsection (a) shall--
``(1) within 60 days of receiving the request--
``(A) provide the financial institution making the
request with written notification that the agency
received the request and stating whether the request
contains the information required under subsection (b);
and
``(B) if the request does not contain the
information required under subsection (b), provide the
financial institution with an explanation of what
information is missing; and
``(2) within 120 days of receiving the request, if the
request contains the information required under subsection (b),
make a determination on the request and provide the financial
institution with a written notice of such determination.
``(d) Appeal.--For purposes of section 1013(b), the following
actions are deemed a final agency material supervisory determination:
``(1) Any determination made under subsection (c)(2).
``(2) Any failure by a Federal financial institutions
regulatory agency to comply with a deadline require by this
section.
``(3) Any determination by a Federal financial institutions
regulatory agency under subsection (c)(1)(B) that a request
does not contain the information required under subsection (b).
``(e) Reports and Publication.--Each Federal financial institutions
regulatory agency shall, within 120 days after making a determination
under subsection (c)(2), publish a summary of the determination, in
order to offer guidance to the applicable industry. The summary may not
contain confidential or privileged information about the financial
institution, financial institution clients, or agency personnel.''. | Financial Institutions Due Process Act of 2017 This bill amends the Federal Financial Institutions Examination Council Act of 1978 to establish an Independent Examination Review Panel. The panel shall have exclusive jurisdiction of an appeal of a final material supervisory determination of a federal financial institutions regulatory agency. A financial institution may request from a federal financial institutions regulatory agency a written determination of the agency's: (1) permission to take an action, and (2) interpretation of a law or regulation. An agency must respond to such a request within a specified timeframe. The bill also establishes timeframes within which a federal financial institutions regulatory agency must: (1) conduct an exit interview with respect to the examination of a financial institution, and (2) provide a final examination report. | {"src": "billsum_train", "title": "Financial Institutions Due Process Act of 2017"} | 2,657 | 184 | 0.592662 | 1.56159 | 0.787604 | 3.834532 | 17.906475 | 0.884892 |
SECTION 1. REPEAL OF LIMITATION OF COVER OVER OF TAX ON DISTILLED
SPIRITS.
(a) In General.--Section 7652 (relating to limitation on cover over
of tax on distilled spirits) is amended by striking subsection (f) and
by redesignating subsection (g) as subsection (f).
(b) Conforming Amendments.--Section 7652(f) of such Code (as so
redesignated) is amended by striking ``subsection (f) of this section''
in paragraph (1)(B) and inserting ``section 5001(a)(1)''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to articles containing distilled spirits that are tax-
determined after September 30, 1999.
(2) Special rule.--
(A) In general.--For the 5-year period beginning
after September 30, 1999, the treasury of Puerto Rico
shall make a Conservation Trust Fund transfer within 30
days from the date of each cover over payment made
during such period to such treasury under section
7652(e) of the Internal Revenue Code of 1986.
(B) Conservation trust fund transfer.--
(i) In general.--For purposes of this
paragraph, the term ``Conservation Trust Fund
transfer'' means a transfer to the Puerto Rico
Conservation Trust Fund of an amount equal to
50 cents per proof gallon of the taxes imposed
under section 5001 or section 7652 of such Code
on distilled spirits that are covered over to
the treasury of Puerto Rico under section
7652(e) of such Code.
(ii) Treatment of transfer.--Each
Conservation Trust Fund transfer shall be
treated as principal for an endowment, the
income from which to be available for use by
the Puerto Rico Conservation Trust Fund for the
purposes for which the Trust Fund was
established.
(ii) Result of nontransfer.--
(I) In general.--Upon notification
by the Secretary of the Interior that a
Conservation Trust Fund transfer has
not been made by the treasury of Puerto
Rico during the period described in
subparagraph (A), the Secretary of the
Treasury shall, except as provided in
subclause (II), deduct and withhold
from the next cover over payment to be
made to the treasury of Puerto Rico
under section 7652(e) of such Code an
amount equal to the appropriate
Conservation Trust Fund transfer and
interest thereon at the underpayment
rate established under section 6621 of
such Code as of the due date of such
transfer. The Secretary of the Treasury
shall transfer such amount deducted and
withheld, and the interest thereon,
directly to the Puerto Rico
Conservation Trust Fund.
(II) Good cause exception.--If the
Secretary of the Interior finds, after
consultation with the Governor of
Puerto Rico, that the failure by the
treasury of Puerto Rico to make a
required transfer was for good cause,
and notifies the Secretary of the
Treasury of the finding of such good
cause before the due date of the next
cover over payment following the
notification of nontransfer, then the
Secretary of the Treasury shall not
deduct the amount of such nontransfer
from any cover over payment.
(C) Puerto rico conservation trust fund.--For
purposes of this paragraph, the term ``Puerto Rico
Conservation Trust Fund'' means the fund established
pursuant to a Memorandum of Understanding between the
United States Department of the Interior and the
Commonwealth of Puerto Rico, dated December 24, 1968. | Amends the Internal Revenue Code to require, for the five-year period beginning after September 30, 1999, the treasury of Puerto Rico to make a Conservation Trust Fund transfer within 30 days from the date of each cover over payment made during such period to such treasury under provisions of the Code concerning shipments to the United States. Defines terms. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to repeal the limitation of the cover over of tax on distilled spirits, and for other purposes."} | 781 | 80 | 0.554723 | 1.570689 | 0.769094 | 5.575758 | 10.409091 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Coast Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) more than half of all people of the United States, 153
million people, currently live on or near a coast and an
additional 12 million are expected in the next decade;
(2) coastal counties in the United States average 300
persons per square mile, compared with the national average of
98;
(3) on a typical day, more than 1,540 permits for
construction of single-family homes are issued in coastal
counties, combined with other commercial, retail, and
institutional construction to support this population;
(4) much of the 95,000 miles of United States shoreline
does not have current, accurate maps and geospatial
information;
(5) the lack of current and accurate remote sensing and
geospatial data on United States coasts, harbors, and ports
results in an environmental, infrastructure, economic, and
homeland security vulnerability for the Nation;
(6) the Federal Government can and should play an important
role in the development and demonstration of innovative remote
sensing and other geospatial techniques to improve the
management of the coast of the United States, comprehensive
emergency preparedness and response in the event of a tsunami,
storm surges, and oil spills as well as for homeland security;
(7) highly accurate, high resolution remote sensing and
other geospatial data, including elevation data, play an
important role in management of the coastal zone, including
flood prediction capabilities; risk, vulnerability, and hazard
assessments; emergency response plans; permitting and zoning
decisionmaking; and landscape change detection; as well as port
security and other homeland security applications;
(8) the full range of applications of remote sensing and
other forms of geospatial information to meet national
requirements has not been adequately explored or exploited; and
(9) the National Oceanic and Atmospheric Administration, in
coordination with other agencies, can play a unique role in
demonstrating how commercial remote sensing and other private
sector geospatial capabilities can be applied to assist State,
local, regional, and tribal agencies in emergency preparedness,
emergency response, homeland security, infrastructure
management, environmental decisionmaking, and other
applications in such areas as agriculture, weather forecasting,
and forest management.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``digital coast'' means a constituent-driven
effort led by the National Oceanic and Atmospheric
Administration to provide an enabling platform that integrates
geospatial data, decision support tools, training, and case
studies to address coastal and emergency management issues;
(2) the term ``remote sensing and other geospatial'' mean
collecting, storing, retrieving, or disseminating graphical or
digital data depicting natural or man-made physical features,
phenomena, or boundaries of the Earth and any information
related thereto, including surveys, maps, charts, satellite and
airborne remote sensing data, images, and services performed by
professionals such as surveyors, photogrammetrists,
hydrographers, geodesists, cartographers, and other such
services;
(3) the term ``Secretary'' means the Secretary of Commerce,
acting through the Director of the Coastal Services Center of
the National Oceanic and Atmospheric Administration; and
(4) the term ``State''--
(A) means a State of the United States in, or
bordering on, the Atlantic, Pacific, or Arctic Ocean,
the Chesapeake Bay, the Gulf of Mexico, Long Island
Sound, or one or more of the Great Lakes; and
(B) includes Puerto Rico, the United States Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, the Trust Territories of the Pacific Islands,
American Samoa, and any portion of a State that is
located within 100 kilometers of the Atlantic or
Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico,
or the Great Lakes.
SEC. 4. COASTAL SERVICES CENTERS.
(a) Establishment.--The Secretary may establish coastal services
centers as may be needed to facilitate products and services to address
the needs of local, State, and regional entities involved with coastal
and ocean decisionmaking including those State coastal management and
research reserves benefitting from this Act.
(b) Purpose.--The purpose of the coastal services centers shall be
to--
(1) support the environmental, social, and economic well
being of the coast by linking people, information, and
technology;
(2) collaborate with various branches of the National
Oceanic and Atmospheric Administration, other Federal agencies,
and nongovernmental entities to bring data, information,
services, and tools to the Nation's coastal and ocean
decisionmakers; and
(3) identify and address region-specific needs and increase
capabilities to address them at the local, State, and regional
levels.
(c) Financial Agreements.--To carry out the responsibilities of
this Act, including to provide program support to non-Federal entities
that participate in implementing this Act, the Secretary may enter into
financial agreements including, but not limited to, grants, cooperative
agreements, interagency agreements, and contracts with other Federal,
tribal, State and local governmental and nongovernmental entities.
SEC. 5. REMOTE SENSING AND OTHER GEOSPATIAL DATA LAYERS.
(a) In General.--The projects carried out by the Secretary pursuant
to section 4 shall collect and integrate other available coastal data
with--
(1) shallow bathymetric data;
(2) airborne elevation data;
(3) large-scale land use and land cover maps;
(4) benthic habitat and aquatic vegetation mapping;
(5) parcel data;
(6) planimetric data; and
(7) socioeconomic and human use data.
(b) Coordination.--The Secretary shall coordinate the activities
carried out pursuant to this Act to maximize data sharing and
integration and minimize duplication by--
(1) coordinating activities when appropriate, with--
(A) other Federal efforts, including the Ocean and
Coastal Mapping Integration Act (33 U.S.C. 3501 et
seq.), the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.), and the Integrated Coastal and
Ocean Observation System Act of 2009 (33 U.S.C. 3601 et
seq.);
(B) coastal States and United States territories;
(C) local governments; and
(D) representatives of nongovernmental entities;
(2) participating, pursuant to section 216 of Public Law
107-347 (44 U.S.C. 3501 note), in the establishment of such
standards and common protocols as are necessary to assure the
interoperability of remote sensing and other geospatial data
with all users of such information within--
(A) the National Oceanic and Atmospheric
Administration;
(B) other Federal agencies;
(C) State and local government; and
(D) the private sector;
(3) coordinating with, seeking assistance and cooperation
of, and providing liaison to the Federal Geographic Data
Committee pursuant to Office of Management and Budget Circular
A-16 and Executive Order No. 12906; and
(4) providing for the utilization of contracts with the
private sector, to the maximum extent practicable, to provide
such products and services as are necessary to collect remote
sensing and other geospatial data; which contracts shall be
considered ``surveying and mapping'' services as such term is
used and as such contracts are awarded in accordance with the
selection procedures in chapter 11 of title 40, United States
Code.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
$100,000,000 for each of the fiscal years 2011 through 2016 to carry
out this Act. | Digital Coast Act of 2010 - Defines "digital coast" as a constituent-driven platform provided by the National Oceanic and Atmospheric Administration (NOAA) to integrate geospatial data and address coastal and emergency management issues.
Authorizes the Secretary of Commerce, acting through the Director of Coastal Services Center of the NOAA, to establish coastal service centers to address the needs of local, state, and regional entities involved with coastal and ocean decisionmaking. Declares that such centers shall: (1) link people, information, and technology to support the environmental, social, and economic well-being of the coast; (2) collaborate with branches of NOAA and other federal and nongovernmental entities to bring data, information, services, and tools to coastal and ocean decisionmakers; and (3) address region-specific needs at local, state, and regional levels.
Authorizes the Secretary to enter financial agreements to carry out this Act.
Requires such projects to collect and integrate coastal data with specified data sources, surveys, and mappings. Requires the Secretary to coordinate activities with NOAA, state and local governments, the private sector, and federal efforts. | {"src": "billsum_train", "title": "To authorize the Secretary of Commerce to establish a program to develop a coordinated and comprehensive Federal coastal mapping effort for the Nation's coastal zone to include all coastal State and territorial waters of the United States, and for other purposes."} | 1,689 | 245 | 0.556415 | 1.673894 | 0.772505 | 3.853881 | 7.164384 | 0.913242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Access to Diabetes
Supplies Act of 2016''.
SEC. 2. STRENGTHENING RULES IN CASE OF COMPETITION FOR DIABETIC TESTING
STRIPS.
(a) Special Rule in Case of Competition for Diabetic Testing
Strips.--
(1) In general.--Paragraph (10) of section 1847(b) of the
Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
(A) in subparagraph (A), by striking the second
sentence and inserting the following new sentence:
``With respect to bids to furnish such types of
products on or after January 1, 2019, the volume for
such types of products shall be determined by the
Secretary through the use of multiple sources of data,
including market based data measuring sales of diabetic
testing strip products described in section 1861(n)
that are not exclusively sold by, and marketed under
the name of, a single retailer that is not the
manufacturer of such products, from mail order, non-
mail order, Medicare, and non-Medicare markets.''; and
(B) by adding at the end the following new
subparagraphs:
``(C) Demonstration of ability to furnish types of
diabetic testing strip products.--With respect to bids
to furnish diabetic testing strip products on or after
January 1, 2019, under the program described in
subparagraph (A), the Secretary shall reject a bid
submitted by an entity if the entity does not attest to
the Secretary and demonstrate, through letters of
intent with manufacturers, wholesalers, or other
suppliers, or other evidence as the Secretary may
specify, that the entity has the ability to obtain an
inventory of the types and quantities of diabetic
testing strip products that will allow the entity to
furnish such products in a manner consistent with its
bid.
``(D) Use of unlisted types in calculation of
percentage.--With respect to bids to furnish diabetic
testing strip products on or after January 1, 2019, in
determining under subparagraph (A) whether a bid
submitted by an entity under such subparagraph covers
50 percent (or such higher percentage as the Secretary
may specify) of all types of diabetic testing strip
products, the Secretary may not attribute a percentage
to types of diabetic testing strip products that the
Secretary does not identify by brand, model, and market
share volume.
``(E) Adherence to demonstration.--
``(i) In general.--In the case of an entity
that is furnishing diabetic testing strip
products on or after January 1, 2019, under a
contract entered into under the competition
conducted pursuant to paragraph (1), the
Secretary shall establish a process to monitor,
on an ongoing basis, the extent to which such
entity continues to cover the product types
included in the entity's bid.
``(ii) Termination.--If the Secretary
determines that an entity described in clause
(i) fails to maintain in inventory, or
otherwise maintain ready access to through
requirements contracts or otherwise, a type of
product included in the entity's bid, the
Secretary may terminate such contract unless
the Secretary finds that the failure of the
entity to maintain inventory of, or ready
access to, the product is the result of the
discontinuation of the product by the product
manufacturer or a market-wide shortage of the
product.''.
(b) Codifying and Expanding Anti-Switching Rule.--Section 1847(b)
of the Social Security Act (42 U.S.C. 1395w-3(b)), as amended by
subsection (a)(1), is further amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) Additional special rules in case of competition for
diabetic testing strips.--
``(A) In general.--With respect to an entity that
is furnishing diabetic testing strip products to
individuals under a contract entered into under the
competitive acquisition program established under this
section, the entity shall furnish to each individual a
brand of such strips that is compatible with the home
blood glucose monitor selected by the individual.
``(B) Prohibition on influencing and
incentivizing.--An entity described in subparagraph (A)
may not attempt to influence or incentivize an
individual to switch the brand of glucose monitor or
diabetic testing strip product selected by the
individual, including by--
``(i) persuading, pressuring, or advising
the individual to switch; or
``(ii) furnishing information about
alternative brands to the individual where the
individual has not requested such information.
``(C) Provision of information.--
``(i) Standardized information.--Not later
than January 1, 2019, the Secretary shall
develop and make available to entities
described in subparagraph (A) standardized
information that describes the rights of an
individual with respect to such an entity. The
information described in the preceding sentence
shall include information regarding--
``(I) the requirements established
under subparagraphs (A) and (B);
``(II) the right of the individual
to purchase diabetic testing strip
products from another mail order
supplier of such products or a retail
pharmacy if the entity is not able to
furnish the brand of such product that
is compatible with the home blood
glucose monitor selected by the
individual; and
``(III) the right of the individual
to return diabetic testing strip
products furnished to the individual by
the entity.
``(ii) Requirement.--With respect to
diabetic testing strip products furnished on or
after the date on which the Secretary develops
the standardized information under clause (i),
an entity described in subparagraph (A) may not
communicate directly to an individual until the
entity has verbally provided the individual
with such standardized information.
``(D) Order refills.--With respect to diabetic
testing strip products furnished on or after January 1,
2019, the Secretary shall require an entity furnishing
diabetic testing strip products to an individual to
contact and receive a request from the individual for
such products not more than 14 days prior to dispensing
a refill of such products to the individual.''.
(c) Implementation; Non-Application of the Paperwork Reduction
Act.--
(1) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the provisions of, and amendments made by, this section by
program instruction or otherwise.
(2) Non-application of the paperwork reduction act.--
Chapter 35 of title 44, United States Code (commonly referred
to as the `Paperwork Reduction Act of 1995') shall not apply to
this section or the amendments made by this section. | Protecting Access to Diabetes Supplies Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to modify provisions relating to Medicare's competitive acquisition program (through which rates are set through a competitive bidding program rather than by an established fee schedule) with respect to diabetic testing strips. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to: use specified data to determine whether a bid satisfies certain requirements related to volume of coverage with respect to such products, reject a bid if the bidder does not demonstrate its ability to furnish such products in a manner consistent with its bid, and establish a process to monitor the extent to which an entity continues to cover the product types included in its bid. CMS may terminate a contract if it determines that an entity, for reasons other than product discontinuation or market-wide shortage, fails to maintain ready access to such products included its bid. In addition, the bill specifies that an entity furnishing such products to beneficiaries under the program: (1) must furnish to each beneficiary a brand of strips that is compatible with the beneficiary's home blood glucose monitor, (2) may not attempt to influence or incentivize a beneficiary to switch the brand of either type of product, and (3) must contact and receive a request from a beneficiary no more than 14 days prior to dispensing a refill to the beneficiary. | {"src": "billsum_train", "title": "Protecting Access to Diabetes Supplies Act of 2016"} | 1,484 | 340 | 0.583526 | 2.171531 | 0.687755 | 2.545113 | 5.191729 | 0.823308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Breakfast and Education
Improvement Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) approximately 60 percent of students in the United
States are eligible to receive free or reduced-price school
lunches under the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.);
(2) in fiscal year 2008, 8,520,000 students in the United
States consumed free or reduced-price school breakfasts
provided under the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
(3) as of the date of enactment of this Act, approximately
83 percent of all public schools in the United States provide
9,500,000 school breakfasts each year under the program
established by section 4 of that Act (42 U.S.C. 1773) to at
least 130,000 students;
(4) less than \1/2\ of the low-income students who
participate in the school lunch program also participate in the
school breakfast program;
(5) many students who are eligible for reduced-price
breakfasts and lunches can afford only 1 of those meals per
day;
(6) almost 17,000 schools that participate in the school
lunch program do not participate in the school breakfast
program;
(7) as of August 2008, over 13,000,000 children, or 18
percent of all children, in the United States were living in
poverty, and, in 2007, and 11 percent of households in the
United States were food insecure;
(8) missing breakfast and the resulting hunger has been
shown to lower the ability of children to learn and hinder
academic performance;
(9) Provision 2 as established under subsections (b)
through (k) of section 245.9 of title 7, Code of Federal
Regulations (or successor regulations), reduces application and
administrative burdens for schools that provide universal free
meals;
(10) schools electing to implement school breakfast
programs face significant hurdles, such as start-up costs and
lack of participation, that require various additional
resources for the best solution;
(11) school districts that are participating in the
Provision 2 option described in paragraph (9) have found that
the school districts can often provide universal free breakfast
in schools with as little as 60 to 75 percent of students who
are eligible for free and reduced-price school meals due to the
savings realized from reduced administrative costs and improved
economies of scale;
(12) studies suggest that eating breakfast closer to class
and test-taking time improves student performance on
standardized tests relative to students who skip breakfast or
have breakfast at home;
(13) studies show that children experiencing hunger are
more likely to be hyperactive, absent, tardy, or have
behavioral or attention problems;
(14) students who eat a complete breakfast have been shown
to make fewer mistakes and work faster in math exercises than
those who eat a partial breakfast;
(15) eating school breakfast has been shown to improve math
grades, attendance, and punctuality;
(16) providing breakfast in the classroom has been shown in
several instances to improve attentiveness and academic
performance, while reducing tardiness and disciplinary
referrals;
(17) providing universal free breakfast, especially in the
classroom, has been shown to significantly increase school
breakfast participation rates and decrease absences and
tardiness;
(18) studies suggest that children who eat breakfast have
more adequate nutrition and intake of nutrients, such as
calcium, fiber, protein, and vitamins A, E, D, and B6;
(19) studies suggest that some students who participate in
the school breakfast program or other nutrition programs have a
lower body mass index and risk of being overweight; and
(20) use of local produce--
(A) reduces dependence on foreign oil by reducing
fuel consumption rates associated with the production
or transportation of fruits and vegetables; and
(B) can help to improve the ability of individuals
using the procurement system to provide education on
nutrition, farming, sustainability, energy efficiency,
and the importance of local purchases to the local
economy.
(b) Purpose.--The purpose of this Act is to improve student
learning and the classroom environment through expanded and improved
school breakfast programs, particularly universal programs provided
during the school day.
SEC. 3. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO IMPROVE
HEALTH AND EDUCATION OF CHILDREN.
The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended
by adding at the end the following:
``SEC. 23. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO IMPROVE
HEALTH AND EDUCATION OF CHILDREN.
``(a) Definition of Qualifying School.--In this section, the term
`qualifying school' means a school providing elementary or secondary
education at least 65 percent of the students of which are eligible for
free or reduced-price school lunches under the school lunch program
established under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
``(b) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide grants, on a competitive basis, to
local educational agencies or State educational agencies for use in
accordance with this section.
``(c) Grants to Local Educational Agencies or State Educational
Agencies.--The amount of grants provided by the Secretary to local
educational agencies or State educational agencies for a fiscal year
under this section shall not exceed the lesser of--
``(1) the product obtained by multiplying--
``(A) the number of qualifying schools receiving
subgrants or other benefits under subsection (d) for
the fiscal year; and
``(B) the maximum amount of a subgrant provided to
a qualifying school under subsection (d)(3)(B); or
``(2) $2,000,000.
``(d) Subgrants to Qualifying Schools.--
``(1) In general.--A local educational agency or State
educational agency receiving a grant under this section shall
use funds made available under the grant to award subgrants to
individual or groups of qualifying schools to carry out
activities in accordance with this section.
``(2) State and district support.--A local educational
agency or State educational agency may allocate a portion of
each subgrant to support State or local educational agency
activities in support of qualified schools for which it is more
efficient or appropriate to support the activities in a
centralized manner.
``(3) Amount; term.--
``(A) In general.--Except as otherwise provided in
this paragraph, a subgrant provided by a local
educational agency or State educational agency to a
qualifying school under this section shall be in such
amount, and shall be provided for such term, as the
local educational agency or State educational agency,
respectively, determines appropriate.
``(B) Maximum amount.--The amount of a subgrant
provided by a local educational agency or State
educational agency to a qualifying school under this
subsection shall not exceed--
``(i) $50,000 for a single fiscal year; or
``(ii) $100,000 for all fiscal years.
``(C) Maximum grant term.--A local educational
agency or State educational agency shall not provide
subgrants to a qualifying school under this subsection
for more than 5 fiscal years.
``(e) Preference.--In providing grants and subgrants under this
section, the Secretary, a local educational agency, and a State
educational agency shall give priority to qualifying schools--
``(1) in which 75 percent or more of the students of which
are eligible for free or reduced-price school lunches under the
school lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.); and
``(2) that demonstrate--
``(A) an intent to use the grants or subgrants to
establish or support connections between the qualifying
schools and local agricultural producers and food
providers;
``(B) that the qualifying schools have established,
or intend to establish, a universal free breakfast
program; or
``(C) that the qualifying schools have considered,
or intend to establish, service methods that make
breakfast a part of the school day.
``(f) Best Practices.--Prior to awarding grants under this section,
the Secretary shall make available to State educational agencies
information regarding the most effective mechanisms by which to
increase school breakfast participation among eligible children at
qualifying schools.
``(g) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, a local educational agency or State educational
agency shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Administration.--In carrying out this section, the
Secretary shall--
``(A) develop an appropriate application process;
and
``(B) advertise the availability of funds under
this section to qualified schools, local educational
agencies, and State educational agencies.
``(h) Use of Funds.--
``(1) In general.--A qualifying school may use a grant
provided under this section--
``(A) to establish, promote, or expand a school
breakfast program of the qualifying school under this
section, which shall include a nutritional education
component;
``(B) to increase the quantity of local or fresh
food available under the school breakfast program of
the qualifying school under this section;
``(C) to provide nutritional education materials to
students;
``(D) to extend the period during which school
breakfast is available at the qualifying school;
``(E) to provide school breakfast to students of
the qualifying school during the school day;
``(F) to increase participation in the school
breakfast program, including through a universal free
breakfast program;
``(G) to compensate for receipts no longer
collected from reduced and paid breakfasts when
operating a universal free breakfast program;
``(H) to provide to students first-hand knowledge
of food systems, including through--
``(i) occasional activities, such as
inviting agricultural producers to speak at the
qualifying school or offering student field
trips to local agricultural projects;
``(ii) integrating food system information
into the curriculum (including mathematics and
science classes) of the qualifying school; or
``(iii) collaborating with nutrition
experts, food banks, nonprofit organizations,
and local farms to develop and integrate
relevant service-learning opportunities into
classroom instruction; or
``(I) to collaborate with local institutions of
higher education or other research entities (including
hunger advocacy entities)--
``(i) to compile data and reports relating
to the school breakfast program of the
qualifying school; and
``(ii) to submit the data and reports to
the Secretary.
``(2) Requirement.--Each activity of a qualifying school
under this subsection shall be carried out in accordance with
applicable nutritional guidelines and regulations issued by the
Secretary.
``(i) Maintenance of Effort.--Grants made available under this
section shall not diminish or otherwise affect the expenditure of funds
from State and local sources for the maintenance of the school
breakfast program.
``(j) Reports.--
``(1) In general.--The Secretary, in consultation with
local educational agencies, State educational agencies, and
qualifying schools that receive grants and subgrants under this
section, shall submit to Congress an annual report describing
the impact of the school breakfast programs of the qualifying
schools on and classroom performance and environment.
``(2) Data collection.--The Secretary shall provide
guidance and minimum standards for data collection to grant
recipients and any collaborating local institutions of higher
education or research entities as necessary to ensure that
annual reports under this section are able to provide an
adequate qualitative and quantitative evaluation of the grant
impacts.
``(k) Evaluation.--Not later than 180 days before the end of a
grant term under this section, a local educational agency or State
educational agency that receives a grant under this section shall--
``(1) evaluate whether electing to provide universal free
breakfasts under the school breakfast program in accordance
with Provision 2 as established under subsections (b) through
(k) of section 245.9 of title 7, Code of Federal Regulations
(or successor regulations), would be cost-effective for the
qualified schools based on estimated administrative savings and
economies of scale; and
``(2) submit the results of the evaluation to the
Secretary.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2010 through 2014.''. | Student Breakfast and Education Improvement Act of 2009 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to award competitive grants to state or local educational agencies (LEAs) for the establishment or enhancement of school breakfast programs at, and through the provision of subgrants to, schools where at least 65% of the students are eligible for free or reduced-price school lunches under the school lunch program.
Authorizes schools to use the school breakfast subgrants to: (1) increase the quantity of local or fresh food available under their programs; (2) provide nutrition education and first-hand knowledge of food systems to students; (3) extend the period during which breakfast is available, including during the school day; (4) increase participation in their breakfast programs, including through the provision of universal free breakfasts; or (5) collaborate with institutions of higher education or other research entities in compiling data and reports on their breakfast programs.
Gives priority to subgrant applicant schools at least 75% of whose students are eligible for free or reduced-price school lunches and which intend to use the funds to procure local produce, provide universal free breakfasts, or provide breakfast during the school day.
Directs grantees, at least 180 days before the end of a grant term, to evaluate whether it would be cost-effective for subgrantee schools to provide universal free breakfasts under the school breakfast program. | {"src": "billsum_train", "title": "A bill to amend the Child Nutrition Act of 1966 to establish a program to improve the health and education of children through grants to expand school breakfast programs, and for other purposes."} | 2,764 | 300 | 0.59228 | 1.520672 | 0.838156 | 3.518382 | 9.753676 | 0.922794 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Tax Simplification Act of
2005''.
SEC. 2. PERMANENT REDUCTION IN CAPITAL GAINS RATES FOR INDIVIDUALS AND
CORPORATIONS.
(a) Repeal of Sunset of Reduction in Capital Gains Rates for
Individuals.--Section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 shall not apply to section 301 of such Act.
(b) Further Reduction in and Simplification of Capital Gains Rates
for Individuals.--
(1) In general.--Paragraph (1) of section 1(h) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, the tax imposed by this section for such
taxable year shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
taxable income reduced by the net capital gain, and
``(B) 15 percent of the excess (if any) of--
``(i) the net capital gain (or, if less,
taxable income), over
``(ii) the amount of taxable income which
would (without regard to this paragraph) be
taxed at a rate below 25 percent.''.
(2) Alternative minimum tax.--Paragraph (3) of section
55(b) of such Code is amended to read as follows:
``(3) Maximum rate of tax on net capital gain of
noncorporate taxpayers.--The amount determined under the first
sentence of paragraph (1)(A)(i) shall not exceed the sum of--
``(A) the amount determined under such first
sentence computed at the rates and in the same manner
as if this paragraph had not been enacted on the
taxable excess reduced by the net capital gain, plus
``(B) the amount determined under section
1(h)(1)(B).''.
(3) Conforming amendments.--
(A)(i) Subsection (h) of section 1 of such Code is
amended by striking paragraphs (3) through (8) and by
redesignating paragraphs (9), (10), and (11) as
paragraphs (3), (4), and (5), respectively.
(ii) Sections 163(d)(4)(B), 854(b)(5), and
857(c)(2)(D) of such Code are each amended by striking
``section 1(h)(11)(B)'' and inserting ``section
1(h)(5)(B)''.
(iii) Sections 301(f)(4), 306(a)(1)(D), 584(c),
702(a)(5), 854(a), and 854(b)(2) of such Code are each
amended by striking ``section 1(h)(11)'' and inserting
``section 1(h)(5)''.
(iv) The heading of section 857(c)(2) of such Code
is amended by striking ``Section 1(h)(11)'' and
inserting ``Section 1(h)(5)''.
(B) Section 4985(a)(1) of such Code is amended by
striking ``section 1(h)(1)(C)'' and inserting ``section
1(h)(1)(B)''.
(c) Reduced Capital Gains Rate for Corporations.--
(1) In general.--Section 1201 of such Code is amended by
striking ``35 percent'' both places it appears and inserting
``15 percent''.
(2) Alternative minimum tax.--Section 55(b) of such Code is
amended by adding at the end the following new paragraph:
``(4) Maximum rate of tax on net capital gain of
corporations.--The amount determined under paragraph (1)(B)(i)
shall not exceed the sum of--
``(A) the amount determined under such paragraph
computed at the rates and in the same manner as if this
paragraph had not been enacted on the taxable excess
reduced by the net capital gain, plus
``(B) the amount determined under section 1201.''.
(3) Technical amendments.--
(A) Section 1445(e)(1) of such Code is amended by
striking ``35 percent (or, to the extent provided in
regulations, 15 percent)'' and inserting ``15
percent''.
(B) Section 1445(e)(2) of such Code is amended by
striking ``35 percent'' and inserting ``15 percent''.
(C) Section 7518(g)(6)(A) of such Code is amended
by striking ``(34 percent in the case of a
corporation)''.
(D) Section 607(h)(6)(A) of the Merchant Marine
Act, 1936 is amended by striking ``(34 percent in the
case of a corporation)''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
ending after the date of the enactment of this Act.
(2) Withholding.--The amendment made by subsection
(c)(3)(B) shall apply to amounts paid after the date of the
enactment of this Act. | Investment Tax Simplification Act of 2005 - Makes permanent the reduction in individual capital gains tax rates enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003.
Amends the Internal Revenue Code to reduce the maximum capital gains tax rates for individuals and corporations. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make the 2003 reduction in the individual capital gains tax rates permanent and to further reduce and simplify such rates and to reduce the corporate capital gains rate."} | 1,205 | 57 | 0.579489 | 1.168441 | 0.990838 | 2.571429 | 20.163265 | 0.897959 |
SECTION 1. INCREASE IN CONTRIBUTION LIMITS AND AMOUNTS AT WHICH PHASE
OUT OF DEDUCTION BEGINS FOR INDIVIDUAL RETIREMENT ACCOUNT
CONTRIBUTIONS.
(a) Increase in Maximum Amount of Contribution to Individual
Retirement Accounts.--
(1) In general.--Subparagraph (A) of section 219(b)(1) of
the Internal Revenue Code of 1986 (relating to maximum amount
of deduction) is amended by striking ``$2,000'' and inserting
``the applicable amount''.
(2) Applicable amount.--Subsection (b) of section 219 of
such Code is amended by adding at the end the following new
paragraph:
``(5) Applicable amount.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable amount' means--
``(i) for any taxable year beginning in
1997, $2,500,
``(ii) for any taxable year beginning after
1997 and before 2006, the applicable amount
determined under this paragraph for the
preceding taxable year, increased by $500, and
``(iii) for any taxable year beginning
after 2005, $7,000.
``(B) Inflation adjustment.--In the case of a
taxable year beginning in a calendar year after 2006,
the $7,000 amount contained in subparagraph (A)(iii)
shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2005' for `calendar
year 1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10, such amount shall be rounded
to the nearest multiple of $10.''
(b) Increase of Amounts at Which Phase-Out Of Deduction For IRA
Contributions Begins.--
(1) In general.--Clauses (i) and (ii) of section
219(g)(3)(B) of such Code (relating to limitation on deduction
for active participants in certain pension plans) are amended
to read as follows:
``(i) in the case of a taxpayer filing a
joint return--
``(I) for taxable years beginning
in 1997, $50,000,
``(II) for taxable years beginning
after 1997 and before 2003, the
applicable dollar amount determined
under this subclause for the preceding
taxable year, increased by $10,000, and
``(III) for taxable years beginning
after 2002, $110,000.
``(ii) in the case of any other taxpayer
(other than a married individual filing a
separate return)--
``(I) for taxable years beginning
in 1997, $30,000,
``(II) for taxable years beginning
after 1997 and before 2003, the
applicable dollar amount determined
under this subclause for the preceding
taxable year, increased by $5,000, and
``(III) for taxable years beginning
after 2002, $60,000, and''
(2) Inflation adjustment.--Paragraph (3) of section 219(g)
of such Code is amended by adding at the end the following new
subparagraph:
``(C) Inflation adjustment.--In the case of a
taxable year beginning in a calendar year after 2003,
the $110,000 amount contained in subparagraph
(B)(i)(III) and the $60,000 amount contained in
subparagraph (B)(ii)(III) shall each be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2004' for `calendar
year 1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $100, such amount shall be rounded
to the nearest multiple of $100.''
(c) Conforming Amendments.--
(1) Paragraph (1) of section 408(a) of such Code is amended
by striking ``$2,000'' and inserting ``the applicable amount
(as in effect under section 219(b) for such taxable year)''.
(2) Subparagraph (B) of section 408(b)(2) of such Code is
amended by striking ``$2,000'' and inserting ``the applicable
amount in effect under section 219(b) for the taxable year of
such individual''.
(3) Subsection (b) of section 408 of such Code is amended
in the last sentence by striking `$2,000'' and inserting ``the
applicable amount in effect under section 219(b) for such
taxable year''.
(4) Subparagraph (A) of section 408(d)(5) of such Code is
amended by striking ``dollar amount'' and inserting
``applicable amount''.
(5) Subsection (j) of section 408 of such Code is amended
by striking ``$2,000'' and inserting ``applicable''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 2. PENALTY-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS,
401(k) PLANS, ETC.
(a) Distributions Related to First Homes, Education, or Adoption.--
(1) In general.--Paragraph (2) of section 72(t) (relating
to exceptions to 10-percent additional tax on early
distributions from qualified retirement plans) is amended by
adding at the end the following new subparagraph:
``(E) Certain distributions from individual
retirement plans, 401(k) plans, etc.--Distributions to
an individual from an individual retirement plan, or
from amounts attributable to employer contributions
made pursuant to elective deferrals described in
subparagraph (A) or (C) of section 402(g)(3) or section
501(c)(18)(D)(iii), to the extent such distributions do
not exceed the sum of--
``(i) qualified first-time homebuyer
distributions (as defined in paragraph (7))
made during the taxable year,
``(ii) qualified education expenses (as
defined in paragraph (8)) of the taxpayer for
the taxable year, and
``(iii) qualified adoption expenses (as
defined in section 23(d), determined without
regard to section 23(d)(2)(B)) paid or incurred
by the taxpayer during the taxable year.''
(2) Definitions.--Section 72(t) is amended by adding at the
end the following new paragraphs:
``(7) Qualified first-time homebuyer distributions.--For
purposes of paragraph (2)(E)(i)--
``(A) In general.--The term `qualified first-time
homebuyer distribution' means any payment or
distribution received by an individual to the extent
such payment or distribution is used by the individual
before the close of the 60th day after the day on which
such payment or distribution is received to pay
qualified acquisition costs with respect to a principal
residence of a first-time homebuyer who is such
individual, the spouse of such individual, or any
child, grandchild, or ancestor of such individual or
the individual's spouse.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual
if--
``(I) such individual (and if
married, such individual's spouse) had
no present ownership interest in a
principal residence during the 2-year
period ending on the date of
acquisition of the principal residence
to which this paragraph applies, and
``(II) subsection (h) or (k) of
section 1034 did not suspend the
running of any period of time specified
in section 1034 with respect to such
individual on the day before the date
the distribution is applied pursuant to
subparagraph (A).
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which construction or
reconstruction of such a principal
residence is commenced.
``(D) Special rule where delay in acquisition.--If
any distribution from any individual retirement plan
fails to meet the requirements of subparagraph (A)
solely by reason of a delay or cancellation of the
purchase or construction of the residence, the amount
of the distribution may be contributed to an individual
retirement plan as provided in section 408(d)(3)(A)(i)
(determined by substituting `120 days' for `60 days' in
such section), except that--
``(i) section 408(d)(3)(B) shall not be
applied to such contribution, and
``(ii) such amount shall not be taken into
account in determining whether section
408(d)(3)(A)(i) applies to any other amount.
``(8) Qualified education expenses.--For purposes of
paragraph (2)(E)(ii)--
``(A) In general.--The term `qualified higher
education expenses' means tuition, fees, books,
supplies, and equipment required for the education of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any child (as defined in section
151(c)(3)), grandchild, or ancestor of the
taxpayer or the taxpayer's spouse,
whether or not such education takes place at an
eligible educational institution (as defined in section
135(c)(3)).
``(B) Coordination with savings bond provisions.--
The amount of qualified education expenses for any
taxable year shall be reduced by any amount excludable
from gross income under section 135.''
(3) Conforming amendment.--Subparagraph (B) of section
72(t)(2) is amended by striking ``or (D)'' and inserting ``,
(D), or (E)''.
(b) Penalty-Free Distributions for Certain Unemployed Individuals
Not Limited to Health Insurance Costs and Allowed From 401(k) Plans,
Etc.--Subparagraph (D) of section 72(t)(2) is amended--
(1) in clause (i), by inserting ``, or from amounts
attributable to employer contributions made pursuant to
elective deferrals described in subparagraph (A) or (C) of
section 402(g)(3) or section 501(c)(18)(D)(iii),'' after
``individual retirement plan'',
(2) in clause (i), by inserting ``and'' at the end of
subclause (I), by striking ``, and'' at the end of subclause
(II) and inserting a period, and by striking subclause (III),
and
(3) by striking ``for health insurance premiums'' in the
heading.
(c) Unlimited Penalty-Free Distributions for Medical Care and
Expanded Definition of Dependents for Purposes of Such Distributions.--
Subparagraph (B) of section 72(t)(2) is amended by striking ``medical
care'' and all that follows and inserting ``medical care, determined--
``(i) without regard to whether the
employee itemizes deductions for such taxable
year, and
``(ii) in the case of a distribution from
an individual retirement plan, or from amounts
attributable to employer contributions made
pursuant to elective deferrals described in
subparagraph (A) or (C) of section 402(g)(3) or
section 501(c)(18)(D)(iii)--
``(I) without regard to whether or
not such expenses exceed 7.5 percent of
adjusted gross income, and
``(II) by treating an individual's
dependents as including all children
and grandchildren of the individual (or
of such individual's spouse), and all
ancestors of the individual (or of such
individual's spouse).''
(d) Effective Date.--The amendments made by this section shall
apply to payments and distributions in taxable years beginning after
December 31, 1996. | Amends the Internal Revenue Code to increase the: (1) maximum deduction for individual retirement account contributions; and (2) income amount at which phase-out of that deduction begins.
Exempts from the early distribution penalty: (1) distributions from certain types of retirement plans for first-time home buyer, education, or adoption expenses; and (2) for unemployed individuals (currently, for unemployed individuals for health insurance premiums). Modifies requirements regarding penalties for medical care early distributions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the maximum amount of contributions to individual retirement accounts and the amounts of adjusted gross income at which the IRA deduction phases out for active participants in pension plans, and to allow penalty-free distributions from individual retirement accounts and 401(k) plans for certain purposes."} | 2,941 | 98 | 0.467001 | 1.126983 | 0.189203 | 2.090909 | 25.30303 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tuition Tax Credit Act of 1995''.
SEC. 2. TAX CREDIT FOR TUITION.
(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 25 the
following new section:
``SEC. 25A. TUITION TAX CREDIT.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year, the amount, determined under subsection (b), of the
educational expenses paid by him during the taxable year to one or more
eligible educational institutions for himself, his spouse, or any of
his dependents (as defined in section 152).
``(b) Limitations.--
``(1) Amount per individual.--The credit under subsection
(a) for the educational expenses of any individual paid in any
taxable year shall be equal to so much of such expenses paid
with respect to such individual as does not exceed $1,000.
``(2) Proration of credit where more than one taxpayer pays
expenses.--If educational expenses of an individual are paid by
more than one taxpayer during any calendar year, the credit
allowable to each such taxpayer under subsection (a) for any
taxable year beginning in such calendar year shall be the same
portion of the credit determined under paragraph (1) for such
calendar year which the amount of educational expenses of such
individual paid by the taxpayer during such calendar year is of
the total amount of educational expenses of such individual
paid during such calendar year by all such taxpayers.
``(c) Definitions.--For purposes of this section--
``(1) Educational expenses.--The term `educational
expenses' means amounts paid for--
``(A) tuition and fees required for the enrollment
or attendance of a student at an eligible educational
institution, and
``(B) fees, books, supplies, and equipment required
for courses of instruction at an eligible educational
institution.
Such term does not include any amount paid, directly or
indirectly, for meals, lodging, or similar personal, living, or
family expenses. In the event an amount paid for tuition or
fees includes an amount for meals, lodging, or similar expenses
which is not separately stated, the portion of such amount
which is attributable to meals, lodging, or similar expenses
shall be determined under regulations prescribed by the
Secretary.
``(2) Eligible educational institution.--The term `eligible
educational institution' means--
``(A) an institution of higher education,
``(B) a vocational school,
``(C) a secondary school, or
``(D) an elementary school.
``(3) Institution of higher education.--The term
`institution of higher education' means the institutions
described in section 1201(a) or 481(a) of the Higher Education
Act of 1965.
``(4) Vocational school.--The term `vocational school'
means an area vocational education school as defined in section
521(3) of the Carl D. Perkins Vocational Education Act.
``(5) Elementary and secondary schools.--The terms
`elementary school' and `secondary school' mean, respectively,
any elementary or secondary school (as defined in paragraph (7)
of section 198(a) of the Elementary and Secondary Education Act
of 1965) which is privately operated but only if it is--
``(A) accredited or approved under State law (or,
in the case of school in a State which has no procedure
for the accreditation or approval of privately operated
schools, which meets the requirements of State law
relating to compulsory school attendance), and
``(B) exempt from taxation under section 501(a) as
an organization described in section 501(c)(3).
The terms `elementary school' and `secondary school' include
facilities which offer education for individuals who are
physically or mentally handicapped as a substitute for public
elementary or secondary education.
``(d) Special Rules.--
``(1) Adjustment for certain scholarships and veterans
benefits.--The amounts otherwise taken into account under
subsection (a) as educational expenses of any individual during
any period shall be reduced (before the application of
subsection (b)) by any amounts received by such individual
during such period as--
``(A) a qualified scholarship (within the meaning
of section 117(b)) which under section 117 is not
includible in gross income, or
``(B) an educational assistance allowance under
chapters 32, 34, or 35 of title 38 of the United States
Code.
``(2) Eligible courses.--Amounts paid for educational
expenses of any individual shall be taken into account under
subsection (a) only to the extent such expenses--
``(A) are attributable to courses of instruction
offered by an elementary or secondary school, or
``(B) are attributable to courses of instruction
for which credit is allowed toward a baccalaureate
degree by an institution of higher education or toward
a certificate of required course work at a vocational
school and are not attributable to any graduate program
of such individual.
``(3) Individual must be at least half-time student.--No
credit shall be allowed under subsection (a) for amounts paid
during the taxable year for educational expenses with respect
to any individual unless that individual, during any 4 calendar
months during the calendar year in which the taxable year of
the taxpayer begins, is at least a half-time student at an
eligible education institution.
``(4) Spouse.--No credit shall be allowed under subsection
(a) for amounts paid during the taxable year for educational
expenses for the spouse of the taxpayer unless--
``(A) the taxpayer is entitled to an exemption for
his spouse under section 151(b) for the taxable year,
or
``(B) the taxpayer files a joint return with his
spouse for the taxable year.
``(e) Disallowance of Expenses as Deduction.-- No deduction shall
be allowed under section 162 (relating to trade or business expenses)
for any educational expense which (after the application of subsection
(b)) is taken into account in determining the amount of any credit
allowed under subsection (a). The preceding sentence shall not apply to
the educational expenses of any taxpayer who, under regulations
prescribed by the Secretary, elects not to apply the provisions of this
section with respect to such expenses for the taxable year.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25 the
following new item:
``Sec. 25A. Expenses of higher
education.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995. | Tuition Tax Credit Act of 1995 - Amends the Internal Revenue Code to allow a nonrefundable individual income tax credit for the educational expenses (tuition and supplies) of the taxpayer, spouse, or dependents at an eligible private elementary or secondary school, institution of higher education, or vocational school. Limits the credit to $1,000 per student per year. | {"src": "billsum_train", "title": "Tuition Tax Credit Act of 1995"} | 1,550 | 76 | 0.568386 | 1.283852 | 0.802667 | 2.746269 | 21.641791 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans E-Health and Telemedicine
Support Act of 2015'' or the ``VETS Act of 2015''.
SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF
VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1730A the following new section:
``Sec. 1730B. Licensure of health care professionals providing
treatment via telemedicine
``(a) In General.--Notwithstanding any provision of law regarding
the licensure of health care professionals, a covered health care
professional may practice the health care profession of the health care
professional at any location in any State, regardless of where such
health care professional or the patient is located, if the health care
professional is using telemedicine to provide treatment to an
individual under this chapter.
``(b) Property of Federal Government.--Subsection (a) shall apply
to a covered health care professional providing treatment to a patient
regardless of whether such health care professional or patient is
located in a facility owned by the Federal Government during such
treatment.
``(c) Construction.--Nothing in this section may be construed to
remove, limit, or otherwise affect any obligation of a covered health
care professional under the Controlled Substances Act (21 U.S.C. 801 et
seq.).
``(d) Definitions.--In this section:
``(1) The term `covered health care professional' means a
health care professional who is--
``(A) authorized by the Secretary to provide health
care under this chapter, including a private health
care professional who provides such care under a
contract entered into with the Secretary, including a
contract entered into under section 1703 of this title;
and
``(B) licensed, registered, or certified in a State
to practice the health care profession of the health
care professional.
``(2) The term `telemedicine' means the use of
telecommunication technology and information technology to
provide health care or support the provision of health care in
situations in which the patient and health care professional
are separated by geographic distance.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1730A the following new item:
``1730B. Licensure of health care professionals providing treatment via
telemedicine.''.
(c) Report on Telemedicine.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the effectiveness of the use of
telemedicine by the Department of Veterans Affairs.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) The satisfaction of veterans with telemedicine
furnished by the Department.
(B) The satisfaction of health care providers in
providing telemedicine furnished by the Department.
(C) The effect of telemedicine furnished by the
Department on the following:
(i) The ability of veterans to access
health care, whether from the Department or
from non-Department health care providers.
(ii) The frequency of use by veterans of
telemedicine.
(iii) The productivity of health care
providers.
(iv) Wait times for an appointment for the
receipt of health care from the Department.
(v) The reduction, if any, in the use by
veterans of services at Department facilities
and non-Department facilities.
(D) The types of appointments for the receipt of
telemedicine furnished by the Department that were
provided during the one-year period preceding the
submittal of the report.
(E) The number of appointments for the receipt of
telemedicine furnished by the Department that were
requested during such period, disaggregated by Veterans
Integrated Service Network.
(F) Savings by the Department, if any, including
travel costs, of furnishing health care through the use
of telemedicine during such period.
(3) Telemedicine defined.--In this subsection, the term
``telemedicine'' has the meaning given that term in section
1730B(d)(2) of title 38, United States Code, as added by
subsection (a). | Veterans E-Health & Telemedicine Support Act of 2015 or VETS Act of 2015 Allows a health care professional who is authorized to provide health care through the Department of Veterans Affairs and who is licensed, registered, or certified in a state to practice his or her profession at any location in any state, regardless of where the professional or patient is located, if the professional is using telemedicine to provide treatment. Allows such treatment regardless of whether the professional or patient is located in a federally-owned facility. | {"src": "billsum_train", "title": "VETS Act of 2015"} | 1,005 | 113 | 0.619732 | 1.61157 | 1.090254 | 4.18 | 9.03 | 0.92 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Guaranteed Credit Enhancement Act of 1993''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. General authorizations.
Sec. 3. Authority to impose secondary market fees.
Sec. 4. Penalties.
Sec. 5. Authority to reduce loan guarantee percentages.
Sec. 6. Study and report.
Sec. 7. Repealer.
Sec. 8. Microloan program amendments.
Sec. 9. Small Business Development Center Program.
Sec. 10. White House Conference on Small Business.
Sec. 11. National Women's Business Council.
SEC. 2. GENERAL AUTHORIZATIONS.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended--
(1) in subsection (g)(2) by striking ``$7,030,000,000'' and by
inserting in lieu thereof ``$7,155,000,000'';
(2) in subsection (g)(2) by striking ``$775,000,000'' and by
inserting in lieu thereof ``$900,000,000'';
(3) in subsection (i)(2) by striking ``$8,083,000,000'' and by
inserting in lieu thereof ``$8,458,000,000''; and
(4) in subsection (i)(2) by striking ``$825,000,000'' and by
inserting in lieu thereof ``$1,200,000,000''.
SEC. 3. AUTHORITY TO IMPOSE SECONDARY MARKET FEES.
(a) Additional Guarantee Fees.--Section 5(g) of the Small Business
Act (15 U.S.C. 634) is amended by striking paragraph (4) and by
inserting in lieu thereof the following:
``(4)(A) The Administration may collect the following fees for
loan guarantees sold into the secondary market pursuant to the
provisions of subsection (f): an amount equal to (A)
not more than \4/10\ of one percent per year of the outstanding
principal amount of the portion of such loan guaranteed by the
Administration, and (B) not more than 50 percent of the portion of
the sale price which is in excess of 110 percent of the outstanding
principal amount of the portion of such loan guaranteed by the
Administration. Any such fees imposed by the Administration shall be
collected by the Administration or by the agent which carries out on
behalf of the Administration the central registration functions
required by subsection (h) of this section and shall be paid to the
Administration and used solely to reduce the subsidy on loans
guaranteed under section 7(a) of this Act: Provided, That such fees
shall not be charged to the borrower whose loan is guaranteed: and,
Provided further, That nothing herein shall preclude any agent of
the Administration from collecting a fee approved by the
Administration for the functions described in subsection (h)(2).
``(B) The Administration is authorized to impose and collect,
either directly or through a fiscal and transfer agent, a reasonable
penalty on late payments of the fee authorized under subparagraph
(A) in an amount not to exceed 5 percent of such fee per month plus
interest.''.
(b) Any new fees imposed by the Administration pursuant to the
authority conferred by subsection (a) shall be applicable only to loans
initially sold in the secondary market pursuant to the provisions of
section 5(f) of the Small Business Act after August 31, 1993.
SEC. 4. PENALTIES.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended
by adding at the end the following new paragraph:
``(22) The Administration is authorized to permit participating
lenders to impose and collect a reasonable penalty fee on late
payments of loans guaranteed under this subsection in an amount not
to exceed 5 percent of the monthly loan payment per month plus
interest.''.
SEC. 5. AUTHORITY TO REDUCE LOAN GUARANTEE PERCENTAGES.
(a) Guarantee Percentages.--Section 7(a)(2) of the Small Business
Act (15 U.S.C. 636) is amended--
(1) by striking from the end of clause (B)(i) the word ``and''
and by redesignating clause (B)(ii) as (B)(iv) and by inserting the
following after clause (B)(i):
``(ii) not less than 75 percent of the financing outstanding
at the time of disbursement, if such financing is more than
$155,000 and the period of maturity of such financing is more
than 10 years, except that the participation by the
Administration may be reduced below 75 percent upon request of
the participating lender;
``(iii) not less than 85 percent of the financing
outstanding at the time of disbursement, if such financing is
more than $155,000 and the period of maturity of such financing
is 10 years or less, except that the participation by the
Administration may be reduced below 85 percent upon request of
the participating lender; and'';
(2) by striking the words ``85 percent under subparagraph (B)''
and by inserting in lieu thereof the following: ``the above
specified percentums'';
(3) by striking from paragraph (B) the words ``not less than 80
percent, except upon'' and by inserting in lieu thereof the
following: ``not less than 70 percent, unless a lesser percent is
required by clause (B)(ii) or upon the''; and
(4) by inserting after the third sentence the following: ``The
maximum interest rate for a loan guaranteed under the Preferred
Lenders Program shall not exceed the maximum interest rate, as
determined by the Administration, which is made applicable to other
loan guarantees under section 7(a).''.
(b) Application.--Notwithstanding any other provision of law, the
amendments made by subsection (a) shall be effective September 1, 1993,
but shall not be applicable to loan guarantee applications received by
the Administration prior to August 21, 1993. In order to determine the
percent of the loan to be guaranteed pursuant to the amendments made by
subsection (a), the Administration shall aggregate the outstanding
guaranteed principal of multiple loan guarantees issued on behalf of the
same borrower.
SEC. 6. STUDY AND REPORT.
The Administration shall study, monitor and evaluate the impact of
the amendments made by sections 3 and 5 of this Act on the ability of
small business concerns and small business concerns owned and controlled
by minorities and women, to obtain financing and the impact of such
sections on the effectiveness, viability and growth of the secondary
market authorized by section 5(f) of the Small Business Act. Not later
than 16 months after the date of enactment, and annually thereafter, the
Administration shall submit to the Committees on Small Business of the
Senate and the House of Representatives a report containing the
Administration's findings and recommendations on such impact,
specifically including changes in the interest rates on financings
provided to small business concerns and small business concerns owned
and controlled by minorities and women, through the use of the secondary
market. The Administration shall segregate such findings and
recommendations in the study according to the ethnic and gender
components in these categories. Solely for the purposes of the study
authorized herein, the term ``small business concerns owned and
controlled by minorities'', includes businesses owned and controlled by
individuals belonging to one of the designated groups listed in section
8(d)(3)(C) of the Small Business Act.
SEC. 7. REPEALER.
Sections 3 and 5 of this Act are hereby repealed on September 30,
1996.
SEC. 8. MICROLOAN PROGRAM AMENDMENTS.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is
amended--
(1) in paragraph (1)(B)(iii), by striking ``$15,000'' and
inserting ``$25,000'';
(2) in paragraph (5)(A), by striking ``6 grants'' and inserting
``25 grants for terms of up to 5 years''; and
(3) in paragraph (9)(B) by striking ``3 percent'' and inserting
``7 percent''.
SEC. 9. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.
(a) Clearinghouse.--Section 21(c)(7) of the Small Business Act (15
U.S.C. 648) is amended by striking ``system which will'' and by
inserting in lieu thereof the following: ``system. Subject to amounts
approved in advance in appropriations Acts, the Administration may make
grants or enter cooperative agreements with one or more centers to carry
out the provisions of this paragraph. Said grants or cooperative
agreements shall be awarded for periods of no more than five years
duration. The matching funds provisions of subsection (a) shall not be
applicable to grants or cooperative agreements under this paragraph. The
system shall''.
(b) Authorization.--Section 25(i) of the Small Business Act (15
U.S.C. 652) is amended by striking ``$8,000,000 for fiscal year 1993''
and by inserting in lieu thereof ``$2,000,000 for each of fiscal years
1993 and 1994''.
(c) Regulations.--Section 223 of the Small Business Credit and
Business Opportunity Enhancement Act of 1992 (15 U.S.C. 631 note) is
amended by striking the last sentence of subsection (b).
SEC. 10. WHITE HOUSE CONFERENCE ON SMALL BUSINESS.
The White House Conference on Small Business Authorization Act (15
U.S.C. 631 note) is amended--
(1) in section 2 by striking from subsection (a) ``not earlier
than January 1, 1994, and not later than April 1, 1994'' and by
inserting in lieu thereof ``not earlier than May 1, 1995, and not
later than September 30, 1995'';
(2) in section 2 by striking from subsection (a) ``December 1,
1992'' and by inserting in lieu thereof ``March 1, 1994''; and
(3) in section 5 by striking the second sentence of subsection
(a) and by inserting in lieu thereof the following: ``Subsequent to
the date of enactment of this Act, but not later than 30 days after
the date of enactment of this Act, the President shall select and
appoint eleven individuals to the Commission.''.
SEC. 11. NATIONAL WOMEN'S BUSINESS COUNCIL.
Section 407 of the Women's Business Ownership Act of 1988 (15 U.S.C.
631 note) is amended to read as follows:
``SEC. 407. AUTHORIZATION.
``(a) In General.--There are authorized to be appropriated to carry
out this title--
``(1) $500,000 for fiscal year 1993; and
``(2) $500,000 for fiscal year 1994.
``(b) Limitation on Authority.--New spending authority or authority
to enter into contracts as authorized in this Act shall be effective
only to such extent and in such amounts as are provided in advance in
appropriation Acts.
``(c) Sunset.--This section shall cease to be effective on November
30, 1995.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Small Business Guaranteed Credit Enhancement Act of 1993 - Amends the Small Business Act (the Act) to increase the FY 1993 and 1994 authorizations of appropriations for loans to State and local development companies for community business development programs.
Authorizes the Small Business Administration (SBA) to: (1) collect additional fees after August 31, 1995, on loans made under the Act which are sold on the secondary market; (2) permit participating lenders to charge a late fee to loan borrowers who fail to make timely payments; and (3) reduce the maximum loan guarantees on real estate loans above $155,000 and on loans made under the Preferred Lenders Program.
Directs the SBA to study and report to the Congress on the effect of the SBA's authority to impose secondary market fees and to reduce loan guarantee percentages on the ability of small businesses; including minority- and woman-owned small businesses, to obtain financing and the viability of the secondary market in SBA guaranteed loans. Terminates the SBA's authority to impose such fees and reduce such percentages as of FY 1996.
Makes the following revisions with respect to the Microloan Demonstration Program (the provision of loans and grants to startup, newly established, or growing small businesses): (1) increases from $15,000 to $25,000 the maximum loan which may be guaranteed by an intermediary; (2) increases the maximum grant amounts to such intermediaries for such purpose; and (3) increases from three to seven percent the maximum appropriated amount which may be used for training purposes.
Authorizes the SBA to make grants or enter into cooperative arrangements in order to carry out the Small Business Development Center Program. Extends the authorization of appropriations for such Program through FY 1994. Strikes a provision prohibiting regulations concerning the Program from being printed in the Federal Register.
Revises the dates of conferences to be held by the National White House Conference on Small Business. Extends through FY 1994 the authorization of appropriations for the National Women's Business Council and terminates the Council on November 30, 1995. | {"src": "billsum_train", "title": "Small Business Guaranteed Credit Enhancement Act of 1993"} | 2,506 | 435 | 0.61277 | 2.088222 | 0.802343 | 1.92132 | 5.748731 | 0.814721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Anti-Tunnel
Defense Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Hamas, Hezbollah, and the Palestinian Islamic Jihad are
United States-designated terrorist organizations.
(2) Designated Palestinian terrorist organizations have
killed hundreds of Israelis and dozens of Americans in rocket
attacks and suicide bombings.
(3) Hamas has used underground tunnels to Israel and Egypt
to smuggle weapons, money, and supplies into Gaza and to send
members of Hamas out of Gaza for training and to bring trainers
in to Gaza to teach Hamas how to manufacture rockets and build
better tunnels. Tunnels in Gaza have also been used as
underground rocket launching sites, weapons caches, bunkers,
transportation networks and command and control centers.
(4) In 2006, Hamas kidnapped Israeli soldier Gilad Shalit
through a tunnel and held him for five years.
(5) The Israel Defense Forces discovered 32 tunnels during
the conflict with Hamas in the summer of 2014, 14 of which
crossed into Israel.
(6) Hamas intentionally uses civilians as human shields by
placing its underground tunnel network in densely populated
areas and schools, hospitals, and mosques.
(7) Hamas's placement of explosive material in its vast
network of tunnels in Gaza has caused civilian casualties
through secondary and tertiary explosions.
(8) While the unemployment rate in Gaza is at 38 percent,
it is estimated that Hamas spends $3,000,000 per tunnel.
(9) United Nations Secretary-General Ban Ki-moon said he
was ``shocked by the tunnels used for the infiltration of
terrorists''.
(10) Hamas has claimed to be rebuilding tunnels in Gaza
after the war with Israel in the summer of 2014.
(11) Hezbollah has used underground tunnels in southern
Lebanon to move Hezbollah fighters and to launch attacks.
(12) The Palestinian Islamic Jihad claims to be digging new
tunnels on the Gaza border. Israel has a right to defend itself
from the violence of Palestinian terrorist groups, including
the violence that is facilitated through terrorist tunnel
networks.
(13) The United States is working cooperatively with the
Government of Israel to develop technologies to detect and
destroy tunnels penetrating the territory of Israel.
SEC. 3. ASSISTANCE TO ISRAEL TO ESTABLISH AN ANTI-TUNNELING DEFENSE
SYSTEM.
(a) In General.--The President, upon request of the Government of
Israel and acting through the Secretary of Defense and the Secretary of
State, is authorized to carry out research, development, and test
activities on a joint basis with Israel to establish an anti-tunneling
defense system to detect, map, and destroy underground tunnels from
Gaza to the territory of Israel or other countries that share a border
with Gaza.
(b) Certification.--None of the funds authorized to be appropriated
to carry out this Act may be obligated or expended to carry out
subsection (a) until the President, acting through the Secretary of
Defense and the Secretary of State, certifies to Congress the
following:
(1) The President has finalized a memorandum of
understanding or other formal agreement between the United
States and Israel regarding sharing of research and development
costs for the system described in subsection (a).
(2) The understanding or agreement--
(A) requires sharing of costs of projects,
including the cost of claims, between the United States
and Israel on an equitable basis unless the President
determines, on a case-by-case basis, the Government of
Israel is unable to contribute on an equitable basis;
(B) requires the designation of payment of non-
recurring engineering costs in connection with the
establishment of a capacity for co-production in the
United States;
(C) establishes a framework to negotiate the rights
to any intellectual property developed under the
cooperative research and development projects; and
(D) requires the Department of Defense to receive
quarterly reports on expenditure of funds by the
Government of Israel, including a description of what
the funds have been used for, when funds were expended,
and an identification of entities that expended the
funds.
(c) Assistance.--The President, upon request of the Government of
Israel and acting through the Secretary of Defense and the Secretary of
State, is authorized to provide assistance to Israel for the
procurement, maintenance, and sustainment of an anti-tunneling system
described in subsection (a).
SEC. 4. REPORTS.
(a) Initial Report.--The President shall submit to Congress a
report that contains a copy of the memorandum of understanding or other
formal agreement between the United States and Israel as described in
section 3(b)(1).
(b) Quarterly Reports.--The President, acting through the Secretary
of Defense and the Secretary of State, shall submit to Congress a
quarterly report that contains a copy of the most-recent quarterly
report provided by the Government of Israel to the Department of
Defense pursuant to section 3(b)(2)(D).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Of the funds authorized to be appropriated for fiscal year 2016 for
procurement, defense-wide activities and for research, development,
test, and evaluation of the Department of Defense, $200,000,000 is
authorized to be appropriated to the President to carry out this Act. | United States-Israel Anti-Tunnel Defense Cooperation Act This bill authorizes the President, upon request of the government of Israel, and acting through the Secretary of Defense and the Secretary of State, to: carry out research, development, and test activities on a joint basis with Israel to establish an anti-tunneling defense system to detect, map, and destroy underground tunnels from Gaza to the territory of Israel or other countries that share a border with Gaza; and provide assistance to Israel for an anti-tunneling system. None of the funds authorized to be appropriated to carry out this Act may be obligated or expended until the President, acting through the Secretary of Defense and the Secretary of State, makes specified certifications to Congress regarding: fund use by Israel, sharing of research and development costs, and the rights to any intellectual property developed under the cooperative research and development projects. | {"src": "billsum_train", "title": "United States-Israel Anti-Tunnel Defense Cooperation Act"} | 1,192 | 192 | 0.551484 | 1.693157 | 0.716046 | 7.039773 | 6.1875 | 0.914773 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leveraging and Energizing America's
Apprenticeship Programs Act'' or the ``LEAP Act''.
SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
``(a) In General.--For purposes of section 38, the apprenticeship
credit determined under this section for the taxable year is an amount
equal to the sum of the applicable credit amounts (as determined under
subsection (b)) for each of the apprenticeship employees of the
employer that exceeds the applicable apprenticeship level (as
determined under subsection (e)) during such taxable year.
``(b) Applicable Credit Amount.--For purposes of subsection (a),
the applicable credit amount for each apprenticeship employee for each
taxable year is equal to--
``(1) in the case of an apprenticeship employee who has not
attained 25 years of age at the close of the taxable year,
$1,500, or
``(2) in the case of an apprenticeship employee who has
attained 25 years of age at the close of the taxable year,
$1,000.
``(c) Limitation on Number of Years Which Credit May Be Taken Into
Account.--The apprenticeship credit shall not be allowed for more than
2 taxable years with respect to any apprenticeship employee.
``(d) Apprenticeship Employee.--For purposes of this section, the
term `apprenticeship employee' means any employee who is employed by
the employer--
``(1) in an officially recognized apprenticeable
occupation, as determined by the Office of Apprenticeship of
the Employment and Training Administration of the Department of
Labor, and
``(2) pursuant to an apprentice agreement registered with--
``(A) the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor, or
``(B) a State apprenticeship agency.
``(e) Applicable Apprenticeship Level.--
``(1) In general.--For purposes of this section, the
applicable apprenticeship level shall be equal to--
``(A) in the case of any apprenticeship employees
described in subsection (b)(1), the amount equal to 80
percent of the average number of such apprenticeship
employees of the employer for the 3 taxable years
preceding the taxable year for which the credit is
being determined, rounded to the next lower whole
number; and
``(B) in the case of any apprenticeship employees
described in subsection (b)(2), the amount equal to 80
percent of the average number of such apprenticeship
employees of the employer for the 3 taxable years
preceding the taxable year for which the credit is
being determined, rounded to the next lower whole
number.
``(2) First year of new apprenticeship programs.--In the
case of an employer which did not have any apprenticeship
employees during any taxable year in the 3 taxable years
preceding the taxable year for which the credit is being
determined, the applicable apprenticeship level shall be equal
to zero.
``(f) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 45A, 51(a), and 1396(a) with respect
to any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(g) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(37) the apprenticeship credit determined under section
45S(a).''.
(c) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45S(a),'' after ``45P(a),''.
(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. 45S. Employees participating in qualified apprenticeship
programs.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act.
SEC. 3. LIMITATION ON GOVERNMENT PRINTING COSTS.
Not later than 90 days after the date of enactment of this Act, the
Director of the Office of Management and Budget shall coordinate with
the heads of Federal departments and independent agencies to--
(1) determine which Government publications could be
available on Government websites and no longer printed and to
devise a strategy to reduce overall Government printing costs
over the 10-year period beginning with fiscal year 2016, except
that the Director shall ensure that essential printed documents
prepared for social security recipients, Medicare
beneficiaries, and other populations in areas with limited
Internet access or use continue to remain available;
(2) establish Government-wide Federal guidelines on
employee printing; and
(3) issue guidelines requiring every department, agency,
commission, or office to list at a prominent place near the
beginning of each publication distributed to the public and
issued or paid for by the Federal Government--
(A) the name of the issuing agency, department,
commission, or office;
(B) the total number of copies of the document
printed;
(C) the collective cost of producing and printing
all of the copies of the document; and
(D) the name of the entity publishing the document. | Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act Amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprenticeship employee who has not attained age 25 at the close of the taxable year or $1,000 for an apprenticeship employee who has attained age 25. Allows such credit for no more than two taxable years with respect to any apprenticeship employee. Defines "apprenticeship employee" as an employee who is employed in an officially-recognized apprenticeable occupation pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a state apprenticeship agency. Requires the Office of Management and Budget to coordinate with the heads of federal agencies to: (1) determine which government publications could be available on government websites and no longer printed, (2) devise a strategy to reduce overall government printing costs over the 10-year period beginning with FY2016, (3) establish government-wide guidelines on employee printing, and (4) issue guidelines for publicly disclosing information about the publication of government documents. | {"src": "billsum_train", "title": "LEAP Act"} | 1,327 | 256 | 0.598387 | 1.730221 | 0.892281 | 4.1875 | 5.860577 | 0.899038 |
Requesting the President to furnish to the House of Representatives
certain documents concerning the response of the Federal Bureau of
Investigation to allegations of criminal conduct in the White House
travel office.
Resolved, That the President is requested to provide to the House
of Representatives, not later than fourteen days after the adoption of
this resolution, the following documents:
(1) Any document concerning the identity of any person who
authorized or directed William Kennedy, Associate Counsel to
the President, to summon officials of the Federal Bureau of
Investigation to the White House and to prepare that the Bureau
investigate the White House travel office.
(2) Any document concerning how William Kennedy, Associate
Counsel to the President, knew whom to contact in the Federal
Bureau of Investigation to arrange a meeting to discuss the
White House travel office.
(3) Any document concerning the identity of any person who
authorized or directed officials of the Federal Bureau of
Investigation to attend any White House meeting convened by
William Kennedy, Associate Counsel to the President, to discuss
the White House travel office.
(4) Any document showing what was said at any meeting
referred to in paragraph (3), including the response of
officials of the Federal Bureau of Investigation to the
proposal that the Bureau investigate the White House travel
office.
(5) Any document concerning the identity of any person who
authorized or directed William Kennedy, Associate Counsel to
the President, to discuss with an official of the Federal
Bureau of Investigation the possibility that the Internal
Revenue Service would be used to investigate the White House
travel office if the Federal Bureau of Investigation did not do
so.
(6) Any document showing what was said during the
discussion referred to in paragraph (5), including the response
of the official of the Federal Bureau of Investigation to the
suggestion that the Internal Revenue Service be used to
investigate the White House travel office.
(7) Any document concerning the decision to retain the
accounting firm of KPMG Peat Marwick to audit the White House
travel office, including the timing of that decision, and any
relationship between the audit and the national performance
review by the Vice President.
(8) Any document concerning the identity of any official of
the Federal Bureau of Investigation who decided to investigate
the White House travel office, and the identity of any other
official of the Federal Bureau of Investigation who was
consulted about that decision.
(9) Any document concerning what action was originally
taken against the seven employees of the White House travel
office, how this action was modified subsequently, and what is
the current status of the employees.
(10) Any document concerning who made the decision to take
the original action against the seven employees referred to in
paragraph (9), who made the decision to modify the original
action, who was consulted with respect to each of these
decisions, and upon what information these decisions were
based.
(11) Any document concerning the identity of any person who
authorized or directed White House officials to summon John
Collingwood, Inspector in Charge of the Office of Public and
Congressional Affairs of the Federal Bureau of Investigation,
to the White House to discuss the investigation of the White
House travel office by the Bureau.
(12) Any document concerning the identity of any person who
authorized or directed John Collingwood, Inspector in Charge of
the Office of Public and Congressional Affairs of the Federal
Bureau of Investigation, to meet with White House officials to
discuss the investigation of the White House travel office by
the Bureau.
(13) Any document concerning whether William Sessions,
Director of the Federal Bureau of Investigation, was aware that
the meeting referred to in paragraph (12) had been requested.
(14) Any document describing what was said at the meeting
referred to in paragraph (12), including how it was decided
that a press statement on the stationery of William Sessions,
Director of the Federal Bureau of Investigation, would be
issued to confirm that a Bureau criminal investigation of the
White House travel office was underway.
(15) Any document concerning the identity of any person who
participated in the drafting of the press statement referred to
in paragraph (14), the extent to which the press statement was
revised, and the identity of any person who was consulted about
the contents of the press statement.
(16) Any document concerning the identity of any person who
authorized or directed John Collingwood, Inspector in Charge of
the Office of Public and Congressional Affairs of the Federal
Bureau of Investigation, to issue the press statement described
in paragraph (14).
(17) Any document concerning whether the Federal Bureau of
Investigation would ordinarily issue a press statement to
confirm that a criminal investigation is underway when the
investigation is at the preliminary stage that the White House
travel office investigation had reached when the statement
referred to in paragraph (14) was issued.
(18) Any document concerning whether the statement referred
to in paragraph (14) violated the Privacy Act (5 U.S.C. 552a),
or Federal regulation thereunder, and whether Privacy Act's
civil and criminal penalties are applicable in this case.
(19) Any document concerning to what extent White House
officials involved with the investigation of the White House
travel office were aware of the interest of workers on
President William Clinton's presidential campaign such as
Catherine Cornelius in assuming control of the White House
travel office, and how they became aware of such interest.
(20) Any document concerning to what extent White House
officials involved with the investigation of the White House
travel office were aware of the interest of contributors to
President William Clinton's presidential campaign such as Harry
Thomason (and his business partner Darnell Martens) in
obtaining contracts with the White House travel office, and how
they became aware of such interests.
(21) Any document concerning whether White House officials
involved with the investigation of the White House travel
office informed the Federal Bureau of Investigation of the
interest of workers in President William Clinton's presidential
campaign such as Catherine Cornelius and contributors to his
presidential campaign such as Harry Thomason (and his business
partner Darnell Martens) in obtaining control of the White
House travel office or contracts with it at the time that these
White House officials requested the Federal Bureau of
Investigation to investigate the White House travel office, and
if not, why this information was withheld.
(22) Any document concerning what financial arrangements or
understandings existed in connection with employment of Penny
Sample in the White House travel office, and how she came to
receive a commission for her work in the White House travel
office.
(23) Any document concerning whether Harry Thomason was a
special government employee within the meaning of section
202(a) of title 18, United States Code, by virtue of the fact
that he had a White House residence pass, daily access to the
White House, and an office in the Old Executive Office
Building, and if he was, whether his efforts to obtain
contracts with the White House travel office violated the
conflict of interest restrictions of section 208 of title 18,
United States Code.
(24) Any documents concerning whether Penny Sample or any
other person interested in obtaining contracts with the White
House travel office violated the conflict of interest
restrictions of section 208 of title 18, United States Code.
(25) Any document concerning whether White House officials
and officials of the Department of Justice have considered the
appointment of William Sessions, Director of the Federal Bureau
of investigation, to other Federal positions, and whether
William Sessions was aware that such possibilities were under
consideration during the course of these events.
(26) Any document concerning when a final determination
will be made about the continued tenure in office of William
Sessions, Director of the Federal Bureau of Investigation.
Sec. 2. As used in this resolution, the term ``document'' means any
report, memorandum, schedule or minutes of a meeting, log or record of
telephone calls or other communications, appointment calendar, or other
record or document of any kind, including electronic, handwritten, or
other communications whatsoever and all drafts thereof. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) to eliminate the exemption for banks (or similar institutions) or insurance carriers from the requirement for an independent audit of certain financial statements regarding employee benefit plan assets. | {"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974 to require an independent audit of standards prepared by certain financial institutions with respect to assets of employee benefit plans."} | 1,583 | 47 | 0.276601 | 0.66211 | -0.002523 | 0.511628 | 39.046512 | 0.511628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standard Merger and Acquisition
Reviews Through Equal Rules Act of 2015''.
SEC. 2. AMENDMENTS TO THE CLAYTON ACT.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) by striking section 4F and inserting the following:
``SEC. 4F. ACTIONS BY ATTORNEY GENERAL OF THE UNITED STATES OR THE
FEDERAL TRADE COMMISSION.
``(a) Whenever the Attorney General of the United States has
brought an action under the antitrust laws or the Federal Trade
Commission has brought an action under section 7, and the Attorney
General or Federal Trade Commission, as applicable, has reason to
believe that any State attorney general would be entitled to bring an
action under this Act based substantially on the same alleged violation
of the antitrust laws or section 7, the Attorney General or Federal
Trade Commission, as applicable, shall promptly give written
notification thereof to such State attorney general.
``(b) To assist a State attorney general in evaluating the notice
described in subsection (a) or in bringing any action under this Act,
the Attorney General of the United States or Federal Trade Commission,
as applicable, shall, upon request by such State attorney general, make
available to the State attorney general, to the extent permitted by
law, any investigative files or other materials which are or may be
relevant or material to the actual or potential cause of action under
this Act.'';
(2) in section 5--
(A) in subsection (a) by inserting ``(including a
proceeding brought by the Federal Trade Commission with
respect to a violation of section 7)'' after ``United
States under the antitrust laws''; and
(B) in subsection (i) by inserting ``(including a
proceeding instituted by the Federal Trade Commission
with respect to a violation of section 7)'' after
``antitrust laws'';
(3) in section 11, by adding at the end the following:
``(m)(1) Except as provided in paragraph (2), in enforcing
compliance with section 7, the Federal Trade Commission shall enforce
compliance with that section in the same manner as the Attorney General
in accordance with section 15.
``(2) If the Federal Trade Commission approves an agreement with
the parties to the transaction that contains a consent order with
respect to a violation of section 7, the Commission shall enforce
compliance with that section in accordance with this section.'';
(4) in section 13, by inserting ``(including a suit,
action, or proceeding brought by the Federal Trade Commission
with respect to a violation of section 7)'' before
``subpoenas''; and
(5) in section 15, by inserting ``and the duty of the
Federal Trade Commission with respect to a violation of section
7,'' after ``General,''.
SEC. 3. AMENDMENTS TO THE FEDERAL TRADE COMMISSION ACT.
The Federal Trade Commission Act (15 U.S.C. 41) is amended--
(1) in section 5(b), by inserting ``(excluding the
consummation of a proposed merger, acquisition, joint venture,
or similar transaction that is subject to section 7 of the
Clayton Act (15 U.S.C. 18), except in cases where the
Commission approves an agreement with the parties to the
transaction that contains a consent order)'' after ``unfair
method of competition'';
(2) in section 9, by inserting after the fourth
undesignated paragraph the following:
``Upon the application of the commission with respect to any
activity related to the consummation of a proposed merger, acquisition,
joint venture, or similar transaction that is subject to section 7 of
the Clayton Act (15 U.S.C. 18) that may result in any unfair method of
competition, the district courts of the United States shall have
jurisdiction to issue writs of mandamus commanding any person or
corporation to comply with the provisions of this Act or any order of
the commission made in pursuance thereof.''.
(3) in section 13(b)(1), by inserting ``(excluding section
7 of the Clayton Act (15 U.S.C. 18) and section 5(a)(1) with
respect to the consummation of a proposed merger, acquisition,
joint venture, or similar transaction that is subject to
section 7 of the Clayton Act (15 U.S.C. 18))'' after
``Commission''; and
(4) in section 20(c)(1), by inserting ``or under section 7
of the Clayton Act (15 U.S.C. 18), where applicable,'' after
``Act,''.
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall not apply to any of the following that occurs before the date of
enactment of this Act:
(1) A violation of section 7 of the Clayton Act (15 U.S.C.
18).
(2) A transaction with respect to which there is compliance
with section 7A of the Clayton Act (15 U.S.C. 18a).
(3) A case in which a preliminary injunction has been filed
in a district court of the United States.
Passed the House of Representatives March 23, 2016.
Attest:
KAREN L. HAAS,
Clerk. | . Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 (Sec. 2) This bill amends the Clayton Act with respect to notice to a state by the Department of Justice (DOJ) about federal actions brought for violations of antitrust laws. Currently DOJ must: notify a state attorney general about an antitrust action regarding which DOJ has reason to believe that the state attorney general would also be entitled to bring an action based substantially on the same alleged violation of the antitrust laws; and upon request make available to the state attorney general, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action. The Federal Trade Commission (FTC) shall exercise the same authority and procedures as DOJ under the Clayton Act if the FTC has brought an action under Section 7 of the same Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly. Also in cases brought by the FTC that result in final judgments against a defendant, those judgments shall be prima facie evidence of antitrust violations under substantially similar facts in actions brought by other parties. The statute of limitations shall be tolled during a proceeding brought by the FTC under Section 7, and for one year thereafter, for any private and state rights of action based on the conduct in question during the proceeding. The FTC shall enforce compliance with section 7 in the same manner as DOJ in acting to prevent or restrain antitrust violations. The FTC shall enforce a consent order, however, in the same manner it does already. (Sec. 3) The Federal Trade Commission Act (FTCA) is amended to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from ordinary FTC proceedings, except in cases where the FTC approves an agreement with the parties to the transaction that contains a consent order. U.S. district courts shall have jurisdiction to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that may result in an unfair method of competition. | {"src": "billsum_train", "title": "Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015"} | 1,233 | 498 | 0.676094 | 2.062853 | 0.78462 | 3.251152 | 2.617512 | 0.790323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burt Lake Band of Ottawa and
Chippewa Indians Act of 1994''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Burt Lake Band of Ottawa and Chippewa Indians are
descendants and political successors to the Indians that signed
the treaty between the United States and the Ottawa and
Chippewa nations of Indians at Washington, D.C. on March 28,
1836, and the treaty between the United States and the Ottawa
and Chippewa Indians of Michigan at Detroit on July 31, 1855.
(2) The Grand Traverse Band of Ottawa and Chippewa Indians,
the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay
Mills Band of Chippewa Indians, whose members are also
descendants of the Indians that signed the treaties referred to
in paragraph (1), have been recognized by the Federal
Government as distinct Indian tribes.
(3) The Burt Lake Band of Ottawa and Chippewa Indians
consists of over 600 eligible members who continue to reside
close to their ancestral homeland as recognized in the
reservations of lands under the treaties referred to in
paragraph (1) in the area that is currently known as Cheboygan
County, Michigan.
(4) The Band continues to exist and carry out political and
social activities with a viable tribal government.
(5) The Band, along with other Michigan Odawa and Ottawa
groups, including the tribes described in paragraph (2), formed
the Northern Michigan Ottawa Association in 1948.
(6) The Northern Michigan Ottawa Association subsequently
submitted a successful land claim with the Indian Claims
Commission.
(7) During the period between 1948 and 1975, the Band
carried out many governmental functions through the Northern
Michigan Ottawa Association, and at the same time retained
control over local decisions.
(8) In 1975, the Northern Michigan Ottawa Association
submitted a petition under the Act of June 18, 1934 (commonly
referred to as the ``Indian Reorganization Act'') (48 Stat. 984
et seq., chapter 576; 25 U.S.C. 461 et seq.), to form a
government on behalf of the Band.
(9) In spite of the eligibility of the Band to form a
government under such Act, the Bureau of Indian Affairs failed
to act on such petition.
(10) From 1836 to the date of enactment of this Act, the
Federal Government, the government of the State of Michigan,
and political subdivisions of the State have had continuous
dealings with the recognized political leaders of the Band.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Band.--The term ``Band'' means the Burt Lake Band of
Ottawa and Chippewa Indians.
(2) Member.--The term ``member'' means any individual
enrolled in the Band pursuant to section 7.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FEDERAL RECOGNITION.
(a) Federal Recognition.--Congress hereby reaffirms the Federal
recognition of the Burt Lake Band of Ottawa and Chippewa Indians.
(b) Applicability of Federal Laws.--Notwithstanding any other
provision of law, each provision of Federal law (including any
regulation) of general application to Indians or Indian nations,
tribes, or bands, including the Act of June 18, 1934 (commonly referred
to as the ``Indian Reorganization Act'') (48 Stat. 984 et seq., chapter
576; 25 U.S.C. 461 et seq.), that is inconsistent with any specific
provision of this Act shall not apply to the Band or any of its
members.
(c) Federal Services and Benefits.--
(1) In general.--The Band and its members shall be eligible
for all services and benefits provided by the Federal
Government to Indians because of their status as federally
recognized Indians. Notwithstanding any other provision of law,
such services and benefits shall be provided after the date of
the enactment of this Act to the Band and its members without
regard to--
(A) whether or not there is an Indian reservation
for the Band; or
(B) whether or not a member resides on or near an
Indian reservation.
(2) Service areas.--(A) For purposes of the delivery of
Federal services to the enrolled members of the Band, the area
of the State of Michigan within a 70-mile radius of the
boundaries of the reservation for the Burt Lake Band, as set
forth in the seventh paragraph of Article I of the treaty
between the United States and the Ottawa and Chippewa Indians
of Michigan (done at Detroit on July 31, 1855) shall be deemed
to be within or near a reservation.
(B) If an Indian reservation is established for the Band
after the date of enactment of this Act, subparagraph (A) shall
continue to apply on and after the date of the establishment of
the reservation.
(C) Unless prohibited by Federal law, the services and
benefits referred to in paragraph (1) may be provided to
members outside the service area described in subparagraph (A).
SEC. 5. REAFFIRMATION OF RIGHTS.
(a) In General.--To the extent consistent with the reaffirmation of
the recognition of the Band under section 4(a), all rights and
privileges of the Band and its members that have been abrogated or
diminished before the date of the enactment of this Act are hereby
reaffirmed.
(b) Existing Rights of Tribe.--Nothing in this Act may be construed
to diminish any right or privilege of the Band or its members that
existed before the date of the enactment of this Act. Except as
otherwise specifically provided, nothing in this Act may be construed
as altering or affecting any legal or equitable claim the Band may have
to enforce any right or privilege reserved by or granted to the Band
that was wrongfully denied to the Band or taken from the Band before
the date of enactment of this Act.
SEC. 6. TRIBAL LANDS.
The tribal lands of the Band shall consist of all real property
held by, or in trust for, the Band. The Secretary shall acquire real
property for the Band. Any property acquired by the Secretary pursuant
to this section shall be held in trust by the United States for the
benefit of the Band and shall become part of the reservation of the
Band.
SEC. 7. MEMBERSHIP.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Band shall submit to the Secretary a
membership roll consisting of all individuals currently enrolled for
membership in the Band at the time of the submission of the membership
roll.
(b) Qualifications.--The Band shall, in consultation with the
Secretary, determine, pursuant to applicable laws (including
ordinances) of the Band, the qualifications for including an individual
on the membership roll.
(c) Publication of Notice.--The Secretary shall publish notice of
receipt of the membership roll in the Federal Register as soon as
practicable after receiving the membership roll pursuant to subsection
(a).
(d) Maintenance of Roll.--The Band shall maintain the membership
roll of the Band prepared pursuant to this section in such manner as to
ensure that the membership roll is current.
SEC. 8. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall conduct, by secret
ballot, elections for the purpose of adopting a new
constitution for the Band. The elections shall be held
according to the procedures applicable to elections under
section 16 of the Act of June 18, 1934 (commonly referred to as
the ``Indian Reorganization Act'') (48 Stat. 987, chapter 576;
25 U.S.C. 476).
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of the enactment of this Act
shall be the interim governing documents for the Band.
(b) Officials.--
(1) Elections.--Not later than 180 days after the Band
adopts a constitution and bylaws pursuant to subsection (a),
the Band shall conduct elections by secret ballot for the
purpose of electing officials for the Band as provided in the
governing constitution of the Band. The elections shall be
conducted according to the procedures described in the
governing constitution and bylaws of the Band.
(2) Interim governments.--Until such time as the Band
elects new officials pursuant to paragraph (1), the governing
bodies of the Band shall include each governing body of the
Band in effect on the date of the enactment of this Act, or any
succeeding governing body selected under the election
procedures specified in the applicable interim governing
documents of the Band. | Burt Lake Band of Ottawa and Chippewa Indians Act of 1994 - Reaffirms Federal recognition and rights of the Burt Lake Band of Ottawa and Chippewa Indians (in the State of Michigan), including Federal services, benefits, and tribal lands. | {"src": "billsum_train", "title": "Burt Lake Band of Ottawa and Chippewa Indians Act of 1994"} | 1,982 | 60 | 0.577064 | 1.427717 | 0.628213 | 4.511111 | 39.844444 | 1 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Device Privacy Act''.
SEC. 2. DISCLOSURES TO CONSUMERS REGARDING MOBILE DEVICE MONITORING
SOFTWARE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
regulations under section 553 of title 5, United States Code, that
require--
(1) a person who is in the business of selling mobile
devices directly to consumers (including a provider of
commercial mobile service or commercial mobile data service who
sells mobile devices in connection with contracts to provide
service) to disclose the information described in subsection
(b) to the consumer at the time of sale of a mobile device on
which monitoring software is installed;
(2) a provider of commercial mobile service or commercial
mobile data service to disclose the information described in
subsection (b) to the consumer at the time of entry into a
contract to provide service to the consumer on a mobile
device--
(A) on which the provider installs monitoring
software in connection with such contract; and
(B) that the consumer does not purchase from the
provider in connection with such contract;
(3) a manufacturer of a mobile device or of the operating
system software for a mobile device who installs monitoring
software on such device, after such device is sold to the
consumer, to disclose to the consumer at the time of installing
such software the information described in subsection (b);
(4) a provider of commercial mobile service or commercial
mobile data service who installs monitoring software on a
mobile device, after entry into a contract to provide service
to the consumer on such device, to disclose to the consumer at
the time of installing such software the information described
in subsection (b); and
(5) a person who operates a website or other online service
from which a consumer downloads monitoring software for
installation on a mobile device to disclose the information
described in subsection (b) to the consumer at the time of the
download.
(b) Information Described.--The information described in this
subsection is the following:
(1) The fact that the monitoring software is installed on
the mobile device (or, in the case of a disclosure described in
subsection (a)(5), the fact that the software that the consumer
downloads is monitoring software).
(2) The types of information that the monitoring software
is capable of collecting and transmitting.
(3) The identity of any person to whom any information
collected will be transmitted and of any other person with whom
such information will be shared.
(4) How such information will be used.
(5) Procedures by which a consumer who has consented to
collection and transmission of information by the monitoring
software may exercise the opportunity to prohibit further
collection and transmission, as described in section 3(2).
(6) Such additional information about the monitoring
software as the Federal Trade Commission considers appropriate.
(c) Manner of Disclosure.--The regulations promulgated under
subsection (a) shall require the following:
(1) The disclosures shall be made in a clear and
conspicuous manner, to be determined by the Federal Trade
Commission.
(2) The disclosures shall be displayed in a clear and
conspicuous manner on the website of a person required to make
such disclosures, except that if such person does not maintain
a website, such person shall file such disclosures with the
appropriate Commission.
(d) Exemptions Permitted.--If the Federal Trade Commission
determines that the use of monitoring software for a particular purpose
is consistent with the reasonable expectations of consumers, the
Federal Trade Commission may include in the regulations promulgated
under subsection (a) an exemption from the disclosures required by such
regulations with respect to monitoring software that is used only for
such purpose (or for another purpose with respect to which the Federal
Trade Commission has made a determination under this subsection).
SEC. 3. CONSUMER CONSENT TO MONITORING OF MOBILE DEVICE USAGE.
Not later than 1 year after the date of the enactment of this Act,
the Federal Trade Commission shall promulgate regulations under section
553 of title 5, United States Code, that require any person who is
subject to the disclosure requirements of the regulations promulgated
under section 2(a) to--
(1) obtain the express consent of the consumer prior to the
time when the monitoring software first begins collecting and
transmitting information; and
(2) provide a consumer who has consented to collection and
transmission of information by the monitoring software with the
opportunity at any time to prohibit further collection and
transmission of information by such software.
SEC. 4. INFORMATION SECURITY REQUIREMENTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
regulations under section 553 of title 5, United States Code, that
require any person who receives, directly or indirectly, information
that is transmitted from monitoring software with respect to which
disclosures are required by the regulations promulgated under section
2(a) to establish and implement policies and procedures regarding
information security practices for the treatment and protection of such
information, taking into consideration--
(1) the size of, and the nature, scope, and complexity of
the activities engaged in by, such person;
(2) the current state of the art in administrative,
technical, and physical safeguards for protecting such
information; and
(3) the cost of implementing such safeguards.
(b) Requirements.--Such regulations shall require the policies and
procedures to include the following:
(1) A security policy with respect to the collection, use,
sale, other dissemination, and maintenance of such information.
(2) The identification of an officer or other individual as
the point of contact with responsibility for the management of
the security of such information.
(3) A process for identifying and assessing any reasonably
foreseeable vulnerabilities in any system maintained by such
person that contains such information, which shall include
regular monitoring for a breach of security of such system.
(4) A process for taking preventive and corrective action
to mitigate against any vulnerabilities identified in the
process required by paragraph (3), which may include
implementing any changes to security practices and the
architecture, installation, or implementation of network or
operating software.
(5) A process for disposing of such information by
shredding, permanently erasing, or otherwise modifying such
information to make such information permanently unreadable or
undecipherable.
(6) A standard method or methods for the destruction of
paper documents and other non-electronic data containing such
information.
(c) Disclosure of Policies and Procedures.--Such regulations shall
require the policies and procedures to be displayed in a clear and
conspicuous manner on the website of a person required to establish and
implement such policies and procedures, except that if such person does
not maintain a website, such person shall file such policies and
procedures with the appropriate Commission.
(d) Treatment of Entities Governed by Other Law.--A person shall be
deemed to be in compliance with the regulations promulgated under
subsection (a) if such person is in compliance with any other Federal
law that requires such person to maintain policies and procedures with
respect to information security that, taken as a whole and as the
Federal Trade Commission shall determine in the rulemaking required by
such subsection, provide protections substantially similar to, or
greater than, those provided by the policies and procedures required by
the regulations promulgated under such subsection.
SEC. 5. FILING OF CERTAIN AGREEMENTS REGARDING INFORMATION RECEIPT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
regulations under section 553 of title 5, United States Code, that
require a copy of an agreement described in subsection (b) to be filed
with the appropriate Commission.
(b) Agreement Described.--An agreement described in this
subsection--
(1) is an agreement under which a person receives, directly
or indirectly, information that is transmitted from monitoring
software with respect to which disclosures are required by the
regulations promulgated under section 2(a); and
(2) does not include an agreement between such a person and
the consumer on whose mobile device such monitoring software is
installed.
SEC. 6. ENFORCEMENT.
(a) By Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
a regulation promulgated under section 2, 3, 4, or 5 shall be
treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of federal trade commission.--The Federal Trade
Commission shall enforce the regulations promulgated under
sections 2, 3, 4, and 5 in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though
all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this Act, and any person who violates such
regulations shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act.
(b) By Federal Communications Commission.--
(1) Treatment as violation of communications act of 1934.--
A violation of a regulation promulgated under section 2, 3, 4,
or 5 by a provider of commercial mobile service or commercial
mobile data service or a manufacturer of a mobile device shall
be treated as a violation of the Communications Act of 1934 (47
U.S.C. 151 et seq.).
(2) Powers of federal communications commission.--The
Federal Communications Commission shall enforce the regulations
promulgated under sections 2, 3, 4, and 5 with respect to
providers of commercial mobile service or commercial mobile
data service and manufacturers of mobile devices in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Communications Act of 1934 were incorporated
into and made a part of this Act, and any such provider or
manufacturer who violates such regulations shall be subject to
the penalties and entitled to the privileges and immunities
provided in the Communications Act of 1934.
(c) Division of Responsibilities Between FTC and FCC.--
(1) Regulations.--In promulgating the regulations required
by sections 2, 3, 4, and 5, the Federal Trade Commission shall
consult with the Federal Communications Commission.
(2) Enforcement.--In enforcing such regulations, the
Federal Trade Commission and the Federal Communications
Commission shall consult with each other.
(3) FCC regulations on filings.--The Federal Communications
Commission, in consultation with the Federal Trade Commission,
may promulgate regulations with respect to the form and manner
of any filing that is required to be made with the Federal
Communications Commission by a regulation required by section
2, 4, or 5.
(d) Actions by States.--
(1) Civil actions.--In any case in which the attorney
general of a State, or an official or agency of a State, has
reason to believe that an interest of the residents of that
State has been or is threatened or adversely affected by an act
or practice that violates any regulation promulgated under
section 2, 3, 4, or 5, the State, as parens patriae, may bring
a civil action on behalf of the residents of the State in an
appropriate State court or an appropriate district court of the
United States to--
(A) enjoin that act or practice;
(B) enforce compliance with the regulation;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the appropriate Commission a written notice of
that action and a copy of the complaint for that action. If the
attorney general, official, or agency determines that it is not
feasible to provide the notice described in this paragraph
before the filing of the action, the attorney general,
official, or agency shall provide written notice of the action
and a copy of the complaint to the appropriate Commission
immediately upon the filing of the action.
(3) Authority of appropriate commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
appropriate Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Federal Trade Commission, the
Federal Communications Commission, or the Attorney
General of the United States has instituted a civil
action for violation of a regulation promulgated under
section 2, 3, 4, or 5 (referred to in this subparagraph
as the ``Federal action''), no State attorney general,
official, or agency may bring an action under this
subsection during the pendency of the Federal action
against any defendant named in the complaint in the
Federal action for any violation as alleged in that
complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of that State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
(e) Private Right of Action.--
(1) In general.--A person injured by an act in violation of
a regulation promulgated under section 2, 3, 4, or 5 may bring
in an appropriate State court or an appropriate district court
of the United States--
(A) an action to enjoin such violation;
(B) an action to recover damages for actual
monetary loss from such violation, or to receive up to
$1,000 in damages for each such violation, whichever is
greater; or
(C) both such actions.
(2) Willful or knowing violations.--If the court finds that
the defendant acted willfully or knowingly in committing a
violation described in paragraph (1), the court may, in its
discretion, increase the amount of the award to an amount equal
to not more than 3 times the amount available under paragraph
(1)(B).
(3) Costs.--The court shall award to a prevailing plaintiff
in an action under this subsection the costs of such action and
reasonable attorney's fees, as determined by the court.
(4) Limitation.--An action may be commenced under this
subsection not later than 2 years after the date on which the
person first discovered or had a reasonable opportunity to
discover the violation.
(5) Nonexclusive remedy.--The remedy provided by this
subsection shall be in addition to any other remedies available
to the person, except that, in the case of a violation or
series of related violations by a common carrier subject to
title II of the Communications Act of 1934 (47 U.S.C. 201 et
seq.), the person may pursue either the remedy provided by this
subsection or any remedies provided by such title, but not
both.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate commission.--The term ``appropriate
Commission'' means either the Federal Trade Commission or the
Federal Communications Commission, or both, depending on which
Commission has jurisdiction under section 6 with respect to the
person and activity involved.
(2) Commercial mobile data service.--The term ``commercial
mobile data service'' has the meaning given such term in
section 6001 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401).
(3) Commercial mobile service.--The term ``commercial
mobile service'' has the meaning given such term in section 332
of the Communications Act of 1934 (47 U.S.C. 332).
(4) Mobile device.--The term ``mobile device'' means a
personal electronic device that has the capability of
transmitting and receiving voice, video, or data communications
by means of commercial mobile service or commercial mobile data
service.
(5) Monitoring software.--The term ``monitoring software''
means software that has the capability to monitor the usage of
a mobile device or the location of the user and to transmit the
information collected to another device or system, whether or
not such capability is the primary function of the software or
the purpose for which the software is marketed. | Mobile Device Privacy Act - Directs the Federal Trade Commission (FTC) to promulgate regulations requiring sellers or manufacturers of mobile devices and software, providers of mobile services, and operators of online services offering downloads of monitoring software for installation on a mobile device to disclose to consumers information about the installation and purpose of such software. Allows exemptions for uses consistent with the reasonable expectations of consumers.
Defines "monitoring software" as software with the capability to monitor mobile device usage or the location of the user and to transmit the information collected to another device or system, whether or not such capability is the primary function of the software or the purpose for which it is marketed.
Directs the FTC to promulgate regulations requiring: (1) the express consent of a consumer before monitoring software begins collecting and transmitting information and giving the consumer the opportunity to prohibit such collection and transmission at any time; (2) recipients of information transmitted from monitoring software to implement information security practices for the treatment and protection of the information; and (3) the filing with the FTC or the Federal Communications Commission (FCC), as appropriate, of a copy of an agreement under which a person receives the type of information regarding which disclosure is required by this Act.
Provides for enforcement by the FTC and FCC of regulations promulgated under this Act under the Federal Trade Commission Act and the Communications Act of 1934, respectively. Allows civil enforcement actions by states and by private persons injured by an act in violation of such regulations. | {"src": "billsum_train", "title": "To require disclosures to consumers regarding the capability of software to monitor mobile device usage, to require the express consent of the consumer prior to monitoring, and for other purposes."} | 3,598 | 314 | 0.678055 | 2.008874 | 0.79561 | 3.66782 | 11.885813 | 0.927336 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Access Rights Defense Act
(CARD) of 2005''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Agency.--The term ``agency'' has the same meaning given
such term in section 551(1) of title 5, United States Code.
(2) Breach of security of the system.--The term ``breach of
security of the system''--
(A) means the compromise of the security,
confidentiality, or integrity of data that results in,
or there is a reasonable basis to conclude has resulted
in, the unauthorized acquisition of personal
information maintained by the person or business; and
(B) does not include good faith acquisition of
personal information by an employee or agent of the
person or business for the purposes of the person or
business, if the personal information is not used or
subject to further unauthorized disclosure.
(3) Person.--The term ``person'' has the same meaning given
such term in section 551(2) of title 5, United States Code.
(4) Personal information.--The term ``personal
information'' means an individual's last name in combination
with any 1 or more of the following data elements:
(A) Social Security number.
(B) Driver's license number or State identification
number.
(C) Account number or credit or debit card number,
or, if a security code, access code, or password is
required for access to an individual's account, the
account number or credit or debit card number, in
combination with the required code or password.
(5) Substitute notice.--The term ``substitute notice''
means--
(A) conspicuous posting of the notice on the
Internet site of the agency or person, if the agency or
person maintains a public Internet site; and
(B) notification to major print and broadcast
media, including major media in metropolitan and rural
areas where the individual whose personal information
was, or is reasonably believed to have been, acquired
resides. The notice to media shall include a toll-free
phone number where an individual can learn whether or
not that individual's personal data is included in the
security breach.
SEC. 3. DATABASE SECURITY.
(a) Disclosure of Security Breach.--
(1) In general.--Any agency, or person engaged in
interstate commerce, that owns, licenses, or collects data,
whether or not held in electronic form, containing personal
information shall, following the discovery of a breach of
security of the system maintained by the agency or person that
contains such data, or upon receipt of notice under paragraph
(2), notify any individual of the United States whose personal
information was, or is reasonably believed to have been,
acquired by an unauthorized person.
(2) Notification of owner or licensee.--Any agency, or
person engaged in interstate commerce, in possession of data,
whether or not held in electronic form, containing personal
information that the agency does not own or license shall
notify the owner or licensee of the information if the personal
information was, or is reasonably believed to have been,
acquired by an unauthorized person through a breach of security
of the system containing such data.
(3) Timeliness of notification.--
(A) In general.--All notifications required under
paragraph (1) or (2) shall be made without unreasonable
delay following--
(i) the discovery by the agency or person
of a breach of security of the system;
(ii) any measures necessary to determine
the scope of the breach, prevent further
disclosures, and restore the reasonable
integrity of the data system; and
(iii) receipt of written notice that a law
enforcement agency has determined that the
notification will no longer seriously impede
its investigation, where notification is
delayed as provided in paragraph (4).
(B) Burden of proof.--The agency or person required
to provide notification under this subsection shall
have the burden of demonstrating that all notifications
were made as required under this paragraph, including
evidence demonstrating the necessity of any delay.
(4) Delay of notification authorized for law enforcement
purposes.--If a law enforcement agency determines that the
notification required under this subsection would seriously
impede a criminal investigation, such notification may be
delayed upon the written request of the law enforcement agency.
(5) Exception for national security and law enforcement.--
(A) In general.--This subsection shall not apply to
an agency if the head of the agency certifies, in
writing, that notification of the breach as required by
this subsection reasonably could be expected to--
(i) cause damage to the national security;
and
(ii) hinder a law enforcement investigation
or the ability of the agency to conduct law
enforcement investigations.
(B) Limits on certifications.--The head of an
agency may not execute a certification under
subparagraph (A) to--
(i) conceal violations of law,
inefficiency, or administrative error;
(ii) prevent embarrassment to a person,
organization, or agency; or
(iii) restrain competition.
(C) Notice.--In every case in which a head of an
agency issues a certification under subparagraph (A), a
copy of the certification, accompanied by a concise
description of the factual basis for the certification,
shall be immediately provided to the Congress.
(6) Methods of notice.--An agency, or person engaged in
interstate commerce, shall be in compliance with this
subsection if it provides the individual, with--
(A) written notification;
(B) e-mail notice, if the individual has consented
to receive such notice and the notice is consistent
with the provisions permitting electronic transmission
of notices under section 101 of the Electronic
Signatures in Global and National Commerce Act (15
U.S.C. 7001); or
(C) substitute notice, if--
(i) the agency or person demonstrates that
the cost of providing direct notice would
exceed $500,000;
(ii) the number of individuals to be
notified exceeds 500,000; or
(iii) the agency or person does not have
sufficient contact information for those to be
notified.
(7) Content of notification.--Regardless of the method by
which notice is provided to individuals under paragraphs (1)
and (2), such notice shall include--
(A) to the extent possible, a description of the
categories of information that was, or is reasonably
believed to have been, acquired by an unauthorized
person, including social security numbers, driver's
license or State identification numbers and financial
data;
(B) a toll-free number--
(i) that the individual may use to contact
the agency or person, or the agent of the
agency or person; and
(ii) from which the individual may learn--
(I) what types of information the
agency or person maintained about that
individual or about individuals in
general; and
(II) whether or not the agency or
person maintained information about
that individual; and
(C) the toll-free contact telephone numbers and
addresses for the major credit reporting agencies.
(8) Coordination of notification with credit reporting
agencies.--If an agency or person is required to provide
notification to more than 1,000 individuals under this
subsection, the agency or person shall also notify, without
unreasonable delay, all consumer reporting agencies that
compile and maintain files on consumers on a nationwide basis
(as defined in section 603(p) of the Fair Credit Reporting Act)
of the timing and distribution of the notices.
(b) Civil Remedies.--
(1) Penalties.--Any agency, or person engaged in interstate
commerce, that violates subsection (a) shall be subject to a
civil money penalty of--
(A) not more than $1,000 per individual whose
personal information was, or is reasonably believed to
have been, acquired by an unauthorized person; or
(B) not more than $50,000 per day while the failure
to give notice under subsection (a) persists.
(2) Equitable relief.--Any agency or person that violates,
proposes to violate, or has violated this section may be
enjoined from further violations by a court of competent
jurisdiction.
(3) Other rights and remedies.--The rights and remedies
available under this subsection are cumulative and shall not
affect any other rights and remedies available under law.
(4) Damages.--Any person injured by a violation of
subsection (a) may institute a civil action to recover damages
arising from that violation.
(c) Enforcement.--The Federal Trade Commission or other appropriate
regulator, may enforce compliance with this section, including the
assessment of fines under subsection (b)(1).
(d) Extended Fraud Alert.--Paragraph (1) of section 605A(b)(1) of
the Fair Credit Reporting Act (15 U.S.C. 1681c-1(b)(1)) is amended, in
that portion of such paragraph that precedes subparagraph (A), by
inserting ``, or evidence that the consumer has received notice that
the consumer's personal financial information has or may have been
compromised,'' after ``submits an identity theft report''.
SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a
practice that is prohibited under this Act, the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in a district court of the United States
of appropriate jurisdiction or any other court of competent
jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with this Act;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Attorney General of the
United States--
(i) written notice of the action; and
(ii) a copy of the complaint for the
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general of a State under this
subsection, if the State attorney general
determines that it is not feasible to provide
the notice described in such subparagraph
before the filing of the action.
(ii) Notification.--In an action described
in clause (i), the attorney general of a State
shall provide notice and a copy of the
complaint to the Attorney General at the time
the State attorney general files the action.
(b) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall be construed to prevent an
attorney general of a State from exercising the powers conferred on
such attorney general by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(c) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in--
(A) the district court of the United States that
meets applicable requirements relating to venue under
section 1391 of title 28, United States Code; or
(B) another court of competent jurisdiction.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 5. EFFECT ON STATE LAW.
The provisions of this Act shall supersede any inconsistent
provisions of law of any State or unit of local government with respect
to the conduct required by the specific provisions of this Act.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect at the end of the 6-month period
beginning on the date of the enactment of this Act. | Consumer Access Rights Defense Act (CARD) of 2005 - Requires database security breach disclosures by an agency, or person engaged in interstate commerce, that owns, licenses, or collects data containing personal information, as well as notification of individuals whose personal information was acquired by an unauthorized person.
Cites conditions which exempt national security and law enforcement agencies from this Act.
Prescribes guidelines for coordinated notification of database security breaches with credit reporting agencies.
Grants the Federal Trade Commission enforcement powers, including the assessment of civil fines.
Amends the Fair Credit Reporting Act to require a consumer reporting agency to place an extended fraud alert into a consumer file when a consumer submits evidence of notification that personal financial information has or may have been compromised.
Empowers State Attorneys General to enforce this Act.
Preempts state or local law inconsistent with this Act. | {"src": "billsum_train", "title": "To require financial institutions and financial service providers to notify customers of the unauthorized use of personal financial information, and for other purposes."} | 2,648 | 189 | 0.498092 | 1.482306 | 0.801178 | 3.226994 | 15.392638 | 0.883436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Teachers Recruitment Act of
2001''.
SEC. 2. TEACHER RECRUITMENT AND RETENTION GRANTS.
(a) Program Authorized.--The Secretary is authorized to provide
grants to rural eligible local educational agencies to enable the
agencies to recruit and retain qualified teachers for elementary and
secondary schools.
(b) Rural Eligible Local Educational Agencies.--To be eligible to
receive a grant under this section, a rural eligible local educational
agency shall--
(1) submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may reasonably require; and
(2) demonstrate a need to recruit and retain additional
qualified elementary and secondary school teachers.
(c) Grant Amount.--Each grant award made under this section shall
be of sufficient size to enable a grantee to develop incentive programs
to recruit and retain qualified teachers.
(d) Uses of Funds.--A rural eligible local educational agency that
receives a grant award under this section may use such funds received
to develop incentive programs to recruit and retain qualified teachers.
Such incentive programs may include--
(1) salary increases;
(2) reimbursement for teacher certification expenses;
(3) assistance to pay college tuition expenses;
(4) assistance to pay graduate school tuition and training
expenses; and
(5) reimbursement for relocation expenses.
(e) Definitions.--For purposes of this section:
(1) the term ``local educational agency'' has the same
meaning given such term in section 14101(18) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801(18));
(2) the term ``metropolitan statistical area'' has the same
meaning given such term by the Bureau of the Census;
(3) the term ``rural eligible educational agency'' means a
local educational agency--
(A) that is not located in a metropolitan
statistical area; and
(B) in which 20 percent or more of the children,
ages 5 through 17, served by such agency are from
families below the poverty level, as determined by the
Secretary; and
(4) the term ``Secretary'' means the Secretary of
Education.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $250,000,000 for each of fiscal years 2002 and 2003;
(2) $400,000,000 for each of fiscal years 2004 and 2005;
and
(3) $500,000,000 for fiscal year 2006.
SEC. 3. LOAN FORGIVENESS FOR RURAL TEACHERS.
Section 428J(b)(1) of the Higher Education Act of 1965 (20 U.S.C.
1078-10(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``teacher for 5 consecutive complete school years--'' and
inserting ``teacher--''; and
(2) by amending subparagraph (A) to read as follows:
``(A) in a school--
``(i) for 5 consecutive complete school
years, if the school qualifies under section
465(a)(2)(A) for loan cancellation for Perkins
loan recipients who teach in such schools; or
``(ii) for 3 consecutive complete school
years, if the school is located in a county
with a population density of less than 200
persons per square mile;''.
SEC. 4. PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND SCIENCE FOR RURAL
TEACHERS.
Part A of title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6621 et seq.) is amended by adding at the end the
following:
``SEC. 2104. PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND SCIENCE FOR
RURAL TEACHERS.
``(a) In General.--The Secretary may award grants on a competitive
basis to rural eligible local educational agencies to develop and
implement high-quality professional development programs in mathematics
and science for teachers.
``(b) Application.--To be eligible to receive a grant under this
section, a rural eligible local educational agency shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require.
``(c) Definitions.--In this section:
``(1) Metropolitan statistical area.--The term
`metropolitan statistical area' has the meaning given such term
by the Bureau of the Census.
``(2) Rural eligible local educational agency.--The term
`rural eligible local educational agency' means a local
educational agency--
``(A) that is not located in a metropolitan
statistical area; and
``(B) in which 20 percent or more of the children,
ages 5 through 17, served by such agency are from
families below the poverty level, as determined by the
Secretary.''. | Rural Teachers Recruitment Act of 2001 - Authorizes the Secretary of Education to make grants to eligible rural local educational agencies to recruit and retain qualified teachers for elementary and secondary schools.Includes among authorized uses of such teacher incentive program funds: (1) salary increases; (2) reimbursement for teacher certification and relocation expenses; and (3) assistance to pay college and graduate school tuition and training expenses. | {"src": "billsum_train", "title": "To authorize recruitment and retention incentive programs, student loan forgiveness, and professional development programs for teachers in rural areas."} | 1,078 | 77 | 0.683958 | 1.57109 | 1.143261 | 4.116883 | 12.675325 | 0.948052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Vocational Rehabilitation
and Employment Improvement Act of 2015''.
SEC. 2. APPROVAL OF COURSES OF EDUCATION AND TRAINING FOR PURPOSES OF
THE VOCATIONAL REHABILITATION PROGRAM OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Section 3104(b) of title 38, United States Code,
is amended by adding at the end the following new sentence: ``To the
maximum extent practicable, a course of education or training may be
pursued by a veteran as part of a rehabilitation program under this
chapter only if the course is approved for purposes of chapter 30 or 33
of this title. The Secretary may waive the requirement under the
preceding sentence to the extent the Secretary determines
appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a course of education or training pursued by a
veteran who first begins a program of rehabilitation under chapter 31
of title 38, United States Code, on or after the date that is one year
after the date of the enactment of this Act.
SEC. 3. ELIGIBILITY OF CERTAIN VETERANS ENROLLED IN VOCATIONAL
REHABILITATION PROGRAMS FOR SPECIALLY ADAPTED HOUSING
PROVIDED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 2101(a)(2)(A) of title 38, United States
Code, is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new subparagraph:
``(iii) has a disability for which the veteran is
eligible for a rehabilitation program under chapter 31
of this title and is referred for assistance under this
section pursuant to section 2107 of this title.''.
(b) Amount of Assistance.--Section 2102(d) of such title is
amended--
(1) in paragraph (1)--
(A) by striking ``The aggregate'' and inserting
``(A) Except as provided in subparagraph (B), the
aggregate''; and
(B) by inserting at the end the following new
subparagraph:
``(B) The Secretary may waive the limitation in subparagraph (A) in
the case of a veteran described in section 2101(a)(2)(A)(iii).''; and
(2) by adding at the end the following new paragraph:
``(4) The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a biennial report on
the use of the waiver authority under paragraph (1)(B).''.
(c) Bar to Dual Eligibility for Home Adaptation Services.--Section
3102 of such title is amended by adding at the end the following new
subsection:
``(c) Bar to Dual Eligibility for Home Adaptation Services.--A
person who receives adaptive housing assistance by reason of section
2101(a)(2)(A)(iii) of this title may not also receive home adaptation
services under this chapter.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act.
SEC. 4. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION SERVICES
BASED ON NEED.
Section 3104 of title 38, United States Code, as amended by section
3, is further amended by adding at the end the following new
subsection:
``(c)(1) The Secretary shall have the authority to administer this
chapter by prioritizing the provision of services under this chapter
based on need, as determined by the Secretary. In evaluating need for
purposes of this subsection, the Secretary shall consider disability
ratings, the severity of employment handicaps, qualification for a
program of independent living, income, and any other factor the
Secretary determines appropriate.
``(2) Not later than 90 days before making any changes to the
prioritization of the provision of services under this chapter as
authorized under paragraph (1), the Secretary shall submit to Congress
a plan describing such changes.''.
SEC. 5. REDUCTION IN REDUNDANCY AND INEFFICIENCIES IN VOCATIONAL
REHABILITATION CLAIMS PROCESSING.
(a) Vocational Rehabilitation Claims.--The Secretary of Veterans
Affairs shall reduce redundancy and inefficiencies in the use of
information technology to process claims for rehabilitation programs
under chapter 31 of title 38, United States Code, by--
(1) ensuring that all payments for and on behalf of
veterans participating in a rehabilitation program under such
chapter are only processed and paid out of one corporate
information technology system, in order to eliminate the
redundancy of multiple information technology payment systems;
and
(2) enhancing the information technology system supporting
veterans participating in such a program to support more
accurate accounting of services and outcomes for such veterans.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2016
$10,000,000 to carry out this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the changes made pursuant to subsection (a). | Veterans Vocational Rehabilitation and Employment Improvement Act of 2015 Allows a veteran to pursue a course of education and training as part of a rehabilitation program only if the course is approved under Department of Veterans Affairs (VA) vocational rehabilitation requirements. Makes veterans enrolled in a VA vocational rehabilitation program eligible for VA specially adapted housing. Bars dual eligibility for home adaptation services. Authorizes the VA to prioritize vocational rehabilitation services based on need and upon consideration of disability ratings, the severity of employment handicaps, qualification for a program of independent living, income, and other appropriate factors. Directs the VA to reduce information technology redundancy and inefficiencies in the rehabilitation claims process. | {"src": "billsum_train", "title": "Veterans Vocational Rehabilitation and Employment Improvement Act of 2015"} | 1,251 | 145 | 0.496742 | 1.235147 | 0.705217 | 3.904 | 8.392 | 0.864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement Act''.
SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES.
Nothing in this Act shall be construed to affect--
(1) the right of an individual or State to receive any
child support payment; or
(2) the obligation of an individual to pay child support.
SEC. 3. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT PAYMENTS.
(a) In General.--Section 108 of the Internal Revenue Code of 1986
(relating to discharge of indebtedness income) is amended by adding at
the end thereof the following new subsection:
``(h) Unpaid Child Support Payments.--
``(1) In general.--For purposes of this chapter, any
taxable unpaid child support payments of a taxpayer for any
taxable year shall be treated as amounts includible in gross
income of the taxpayer for the taxable year by reason of the
discharge of indebtedness of the taxpayer.
``(2) Taxable unpaid child support payments.--For purposes
of this subsection, the term `taxable unpaid child support
payments' means payments--
``(A) which were applicable child support payments
which the taxpayer was required to pay under a support
instrument for the support of a child of the taxpayer,
and
``(B) with respect to which the notice requirements
of paragraph (3) are met.
``(3) Notice requirements.--
``(A) In general.--During January of the second
calendar year following a calendar year in which there
begins a taxable year for which a deduction allowed
under section 166(f) was claimed, the eligible taxpayer
shall send a notice (in such form as the Secretary may
prescribe) to the individual who failed to make
payments which contains--
``(i) the amount of the applicable child
support payments for such taxable year, and
``(ii) notice that the individual is
required to include such amount in gross income
for the taxable year beginning in the preceding
calendar year.
``(B) Notice by secretary.--If notice cannot be
provided under subparagraph (A) because the address is
not known to the eligible taxpayer, the Secretary shall
send such notice if the address is available to the
Secretary.
``(C) Address unknown.--If notice cannot be
provided under subparagraph (A) or (B) because there is
no known address, no income shall be included in gross
income for any taxable year beginning before the
calendar year preceding the calendar year in which such
notice may be sent.
``(4) Subsequent payments.--If any payment required to be
included in gross income under paragraph (1) is subsequently
made, the amount of such payment shall be allowed as a
deduction for the taxable year in which such payment is made.
``(5) Definitions.--For purposes of this subsection, the
terms `applicable child support payments' and `eligible
taxpayer' have the meanings given such terms by section
166(f).''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
SEC. 4. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT
PAYMENTS.
(a) In General.--Section 166 of the Internal Revenue Code of 1986
(relating to deduction for bad debts) is amended by redesignating
subsection (f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
``(f) Unpaid Child Support Payments.--
``(1) In general.--In the case of any eligible taxpayer who
has any applicable child support payments remaining unpaid as
of the close of the taxable year--
``(A) subsections (a) and (d) shall not apply to
such payments, and
``(B) there shall be allowed as a deduction for
such taxable year an amount equal to the amount of such
payments.
``(2) Per child limitation on deduction.--The aggregate
amount allowable as a deduction for any taxable year under
paragraph (1) with respect to any child for whom applicable
child support payments are required to be paid shall not exceed
$5,000.
``(3) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' means an individual--
``(A) whose adjusted gross income for the taxable
year does not exceed $50,000,
``(B) with respect to whom the amount of applicable
child support payments remaining unpaid as of the close
of the taxable year is equal to or greater than $500,
and
``(C) who meets the identification requirements of
paragraph (5).
``(4) Applicable child support payment.--
``(A) In general.--The term `applicable child
support payment' means, with respect to any taxable
year of the eligible taxpayer--
``(i) any periodic payment of a fixed
amount, or
``(ii) any payment of a medical or
educational expense, insurance premium, or
other similar item,
which is required to be paid to such taxpayer during
such taxable year by an individual under a support
instrument meeting the requirements of paragraph (8)
for the support of any qualifying child of such
individual.
``(B) Qualifying child.--For purposes of this
paragraph, the term `qualifying child' means a child of
an eligible individual with respect to whom a deduction
is allowable under section 151 for the taxable year (or
would be so allowable but for paragraph (2) or (4) of
section 152(e)) or, while eligible for such deduction,
was determined to be disabled under subtitles 2 or 16
of chapter 42.
``(C) Payments must be delinquent for at least
entire year.--Any payment described in subparagraph (A)
which is required to be made by an individual to an
eligible taxpayer shall not be treated as an applicable
unpaid child support payment if at least half of the
payments which are required to be paid to the eligible
taxpayer during the 12-month period ending on the last
day of the taxable year are paid. In the case of the
1st taxable year to which this subsection applies to
payments from any individual, the preceding sentence
shall be applied by substituting `24-month' for `12-
month'.
``(D) Coordination with afdc.--The term `applicable
child support payment' shall not include any payment
the right to which has been assigned to a State under
section 402(a)(26) of the Social Security Act (42
U.S.C. 602(a)(26)).
``(5) Identification requirements.--The requirements of
this paragraph are met if the eligible taxpayer includes on the
return claiming the deduction under this subsection the name,
address, and taxpayer identification number of--
``(A) each child with respect to whom child support
payments to which this subsection applies are required
to be paid, and
``(B) the individual who was required to make such
child support payments.
In the case of a failure to provide the information under
subparagraph (B), the preceding sentence shall not apply if the
eligible taxpayer certifies that any such information is not
known.
``(6) Cost-of-living adjustments.--In the case of any
taxable year beginning after 1993, the $5,000 amount under
paragraph (2), the $50,000 amount under paragraph (3)(A), and
the $500 amount under paragraph (3)(B) shall each be increased
by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, except that section 1(f)(3)(B)
shall be applied by substituting `1992' for `1989'.
``(7) Subsequent payments.--If any payment with respect to
which a deduction was allowed under paragraph (1) is
subsequently made, such payment shall be included in gross
income of the eligible taxpayer for the taxable year in which
paid. This paragraph shall not apply to any amount if an
individual has assigned the right to receive such amount to a
State (and the State does not pay such amount to such
individual).
``(8) Support instrument.--For purposes of this subsection,
a support instrument meets the requirements of this paragraph
if it is--
``(A) a decree of divorce or separate maintenance
or a written instrument incident to such a decree,
``(B) a written separation agreement, or
``(C) a decree (not described in subparagraph (A))
of a court or administrative agency requiring a parent
to make payments for the support or maintenance of 1 or
more children of such parent.''
(b) Deduction for Nonitemizers.--Section 62(a) of such Code is
amended by adding at the end thereof the following new paragraph:
``(15) Unpaid child support payments.--The deduction
allowed by section 166(f).''
(c) Conforming Amendment.--Section 166(d)(2) of such Code is
amended by striking ``or'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``, or'' and by
adding at the end thereof the following new subparagraph:
``(C) a debt which is an applicable child support
payment under subsection (f).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
SEC. 5. REDUCTION OF FEDERAL DEBT.
Net revenues received in the Treasury pursuant to this Act shall be
applied, as provided in appropriation Acts, solely to the retirement of
outstanding public debt obligations of the United States and may not be
obligated or expended for any other purpose, notwithstanding any other
provision of law that does not specifically refer to this section. | Child Support Enforcement Act - Declares that nothing in this Act should be construed to affect the right of an individual or State to receive child support payments or the obligation of an individual to pay child support.
Amends the Internal Revenue Code to require any taxable unpaid child support payments of a taxpayer to be treated as amounts includible in gross income by reason of the discharge of indebtedness of the taxpayer. Allows a deduction for subsequently made payments.
Allows a nonbusiness bad debt deduction for unpaid child support payments. Limits such deduction to $5,000 per child. Allows such deduction to taxpayers whose gross income does not exceed $5,000 and who are owed payments of at least $500. Requires payments to be delinquent during the entire taxable year. Provides a cost-of-living adjustment for amounts under this Act. Requires subsequent payments to be included in the gross income of the recipient.
Requires net revenues from this Act to be applied to the retirement of outstanding public debt obligations. | {"src": "billsum_train", "title": "Child Support Enforcement Act"} | 2,230 | 227 | 0.613537 | 1.493889 | 0.79921 | 3.534031 | 10.680628 | 0.895288 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Use of Coal Act of
2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Carbon capture and storage technology.--The term
``carbon capture and storage technology'' means an advanced
technology or concept that the Secretary determines to have the
potential--
(A) to capture or remove--
(i) carbon dioxide that is emitted from a
coal-fired power plant; and
(ii) other industrial sources;
(B) to store carbon dioxide in geological
formations; and
(C) to use carbon dioxide for--
(i) enhanced oil and natural gas recovery;
or
(ii) other large-volume, beneficial uses.
(2) Carbon capture technology.--
(A) In general.--The term ``carbon capture
technology'' means any precombustion technology, post-
combustion technology, or oxy-combustion technology or
process.
(B) Inclusion.--The term ``carbon capture
technology'' includes carbon dioxide compression
technology.
(3) Enhanced oil and natural gas recovery.--The term
``enhanced oil and natural gas recovery'' means the use of
carbon dioxide to improve or enhance the recovery of oil or
natural gas from a depleted oil or natural gas field.
(4) Precombustion technology.--The term ``precombustion
technology'' means a coal or coal-biomass gasification or
integrated gasification combined-cycle process coupled with
carbon dioxide storage or reuse.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to promote the continued responsible use of the
abundant, secure, and low-cost coal resources of the United
States through the research, development, demonstration, and
deployment of--
(A) carbon capture and storage technologies; and
(B) advanced coal power generation technologies;
(2) to promote the exportation of the carbon capture and
storage technologies and advanced coal power generation
technologies developed by the United States to countries that
rely on coal as the dominant energy source of the countries
(including China and India); and
(3) to support the deployment of carbon capture and storage
technologies by--
(A) quantifying the risks of the technologies; and
(B) helping to establish the most appropriate
framework for managing liabilities associated with all
phases of carbon capture and storage technology
projects, including--
(i) the capture and transportation of
carbon dioxide; and
(ii) the siting, design, operation,
closure, and long-term stewardship of carbon
dioxide storage facilities.
SEC. 4. PROGRAMS.
(a) Research and Development Program.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, in accordance with paragraph (2) and
subsection (b), the Secretary, acting through the Director of
the National Energy Technology Laboratory, shall carry out a
research, development, and demonstration program through the
National Energy Technology Laboratory to further advance carbon
capture and storage and coal power generation technologies.
(2) Required programs.--The program described in paragraph
(1) shall include each program described in paragraphs (3)
through (6).
(3) Commercial demonstration program.--As soon as
practicable after the date of enactment of this Act, the
Secretary, acting through the Director of the National Energy
Technology Laboratory, shall carry out a large-scale commercial
demonstration program to evaluate the most promising carbon
capture and storage technologies.
(4) Research and development program regarding carbon
capture technologies.--As soon as practicable after the date of
enactment of this Act, the Secretary shall carry out a research
and development program under which the Secretary shall
evaluate carbon capture technologies to decrease the cost, and
increase the performance, of carbon capture technologies.
(5) Research and development program regarding carbon
dioxide storage.--As soon as practicable after the date of
enactment of this Act, the Secretary shall carry out a research
and development program under which the Secretary shall
evaluate options for carbon dioxide storage in geological
formations--
(A) for enhanced oil and natural gas recovery; and
(B) to decrease the cost, and increase the
performance, of carbon capture and storage technologies
in existence as of the date of enactment of this Act.
(6) Research and development program regarding advanced
clean coal power generation technologies.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall carry out a research and development program
under which the Secretary shall evaluate advanced clean coal
power generation technologies to make practicable--
(A) the capture and storage of carbon dioxide; and
(B) highly efficient power generation (including
advanced turbines, fuel cells, hydrogen production, and
advanced gasification).
(b) Cost-Sharing Requirements.--
(1) Commercial demonstration program.--The Federal share of
the cost of any competitively procured project carried out
using funds provided under the commercial demonstration program
described in subsection (a)(3) shall be not more than 50
percent.
(2) Other programs.--The Federal share of the cost of any
competitively procured project carried out using funds provided
under a program described in paragraph (4), (5), or (6) of
subsection (a) shall be not more than 80 percent.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) to carry out the commercial demonstration program under
section 4(a)(3)--
(A) $300,000,000 for fiscal year 2010;
(B) $350,000,000 for fiscal year 2011;
(C) $400,000,000 for fiscal year 2012; and
(D) $400,000,000 for fiscal year 2013;
(2) to carry out the research and development program under
section 4(a)(4)--
(A) $80,000,000 for fiscal year 2010;
(B) $100,000,000 for fiscal year 2011;
(C) $120,000,000 for fiscal year 2012; and
(D) $120,000,000 for fiscal year 2013;
(3) to carry out the research and development program under
section 4(a)(5)--
(A) $170,000,000 for fiscal year 2010;
(B) $200,000,000 for fiscal year 2011;
(C) $225,000,000 for fiscal year 2012; and
(D) $225,000,000 for fiscal year 2013; and
(4) to carry out the research and development program under
section 4(a)(6)--
(A) $250,000,000 for fiscal year 2010;
(B) $270,000,000 for fiscal year 2011;
(C) $300,000,000 for fiscal year 2012; and
(D) $300,000,000 for fiscal year 2013. | Responsible Use of Coal Act of 2009 - Requires the Director of the National Energy Technology Laboratory to carry out a research, development, and demonstration program to advance carbon capture and storage and coal power generation technologies. Requires such program to include a large-scale commercial demonstration program to evaluate the most promising carbon capture and storage technologies and research and development programs for carbon capture technologies, carbon dioxide storage, and advanced clean coal power generation technologies. | {"src": "billsum_train", "title": "A bill to ensure the energy independence and economic viability of the United States by promoting the responsible use of coal through accelerated carbon capture and storage and through advanced clean coal technology research, development, demonstration, and deployment programs, and for other purposes."} | 1,425 | 95 | 0.626842 | 1.58688 | 1.278257 | 4.630952 | 16.190476 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Katrina Aftermath Relief Effort Tax
Credit Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Hurricane Katrina devastated the Gulf Coast States of
Louisiana, Mississippi, and Alabama on August 29, 2005.
(2) An estimated 1,000,000 Americans from the Gulf Coast
were forced to flee their homes as a result of Hurricane
Katrina.
(3) Many of the displaced victims of Hurricane Katrina are
currently residing in shelters across the country, including in
Texas, Louisiana, Mississippi, Alabama, Wisconsin, Arkansas,
Florida, Tennessee, Georgia, and other States.
(4) Many of these shelters, including Kelly USA in San
Antonio and the Astrodome in Houston, are only intended to
serve as temporary homes for the victims of Hurricane Katrina.
(5) In addition to the temporary shelters, Americans have
opened their homes to welcome the victims of Hurricane Katrina.
Many Americans who have opened their homes also pay expenses
such as food, clothing, school supplies, transportation, or
personal items for the benefit of those victims of Hurricane
Katrina residing with them.
(6) Due to the devastation of Hurricane Katrina, many
Americans from the Gulf Coast cannot return to their homes for
many months. As a result, it is necessary to find intermediate-
term and long-term housing for the victims of Hurricane
Katrina.
(7) Long-term housing can be difficult to locate in certain
areas. In addition, locating long-term housing can be a lengthy
process.
(8) Intermediate-term housing is appropriate for the
victims of Hurricane Katrina until long-term housing can be
located.
(9) Opening private homes to victims of Hurricane Katrina
is vital to the overall effort to find intermediate-term
housing for the victims of Hurricane Katrina.
(b) Purposes.--The purposes of this Act are as follows:
(1) To provide incentives for Americans to open their homes
to fellow Americans from the Gulf Coast who were devastated by
Hurricane Katrina.
(2) To partially offset expenses paid by Americans who open
their homes to victims of Hurricane Katrina.
(3) To amend the Internal Revenue Code of 1986 to provide a
tax credit to partially offset the costs of food, clothing,
school supplies, transportation, or personal items paid by
Americans who house victims of Hurricane Katrina for the
benefit of such victims of Hurricane Katrina.
SEC. 3. KATRINA AFTERMATH RELIEF EFFORT CREDIT.
(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 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. KATRINA AFTERMATH RELIEF EFFORT CREDIT.
``(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 the qualified housing support
expenses paid or incurred by the taxpayer during the taxable year for
the benefit of a qualified individual who resides in housing provided
by the taxpayer.
``(b) Limitation.--The credit allowable under subsection (a) for
any taxable year shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified individual.--The term `qualified
individual' means any individual who is displaced by reason of
Hurricane Katrina.
``(2) Qualified housing support expenses.--The term
`qualified housing support expenses' means any expenses paid or
incurred for food, clothing, school supplies, transportation,
or personal items of a qualified individual during the period
that such qualified individual resides in housing provided by
the taxpayer.
``(d) Substantiation Required.--No credit shall be allowed under
this section unless the taxpayer substantiates by adequate records or
by sufficient evidence corroborating the taxpayer's own statement--
``(1) the amount of the expense,
``(2) the time and place of the expense,
``(3) the purpose of the expense, and
``(4) the name of the qualified individual to which the
expense relates.
``(e) Application.--Subsection (a) shall apply only to amounts paid
or incurred during the period beginning on August 29, 2005, and ending
on December 31, 2006.''.
(b) Conforming Amendments.--
(1) 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 redesignating the item relating to section 36 as
an item relating to section 37 and by inserting before such
item the following new item:
``Sec. 36. Katrina aftermath relief effort credit.''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``or 36'' after ``section 35''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred on or after August 29, 2005. | Katrina Aftermath Relief Effort Tax Credit Act - Amends the Internal Revenue Code to allow individual taxpayers a refundable tax credit for certain housing support expenses (e.g., food, clothing, and school supplies) paid or incurred between August 29, 2005, and December 31, 2006, to help individuals displaced by Hurricane Katrina. Limits the amount of such credit to $1,000 for any taxable year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide incentives for Americans to open their homes to fellow Americans from the Gulf Coast who were devastated by Hurricane Katrina, and for other purposes."} | 1,170 | 96 | 0.487479 | 1.271842 | 0.632663 | 2.621622 | 14.337838 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Employment Protection Act of
1997''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Employee; employer; employment agency; labor
organization; member.--The terms ``employee'', ``employer'',
``employment agency'', and ``labor organization'' have the
meanings given the terms in section 701 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e). The terms ``employee'' and
``member'' include an applicant for employment and an applicant
for membership in a labor organization, respectively.
(2) Genetic information.--The term ``genetic information'',
used with respect to an individual, means information
(including information regarding carrier status and information
derived from a laboratory test that identifies mutations in
specific genes or chromosomes, a physical medical examination,
a family history, and a direct analysis of genes or
chromosomes) about a gene, gene product, or inherited
characteristic that derives from the individual or a family
member of the individual.
(3) Genetic services.--The term ``genetic services'' means
genetic evaluation, genetic testing, genetic counseling, and
related services.
SEC. 3. EMPLOYER PRACTICES.
It shall be an unlawful employment practice for an employer--
(1) to fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any individual
with respect to the compensation, terms, conditions, or
privileges of employment of the individual, because of genetic
information with respect to the individual, including an
inquiry by the individual regarding genetic services;
(2) to limit, segregate, or classify the employees of the
employer in any way that would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely
affect the status of the individual as an employee, because of
genetic information with respect to the individual, including
an inquiry by the individual regarding genetic services; or
(3) to request or require the collection for the employer
or disclosure to the employer of genetic information with
respect to an individual unless the employer shows that--
(A) the employer made the request or requirement
after making an offer of employment to the individual;
(B) the information is job-related for the position
in question and consistent with business necessity; and
(C) the knowing and voluntary written consent of
the individual has been obtained for the request or
requirement, and the collection or disclosure.
SEC. 4. EMPLOYMENT AGENCY PRACTICES.
It shall be an unlawful employment practice for an employment
agency to fail or refuse to refer for employment, or otherwise to
discriminate against, any individual because of genetic information
with respect to the individual, including an inquiry by the individual
regarding genetic services.
SEC. 5. LABOR ORGANIZATION PRACTICES.
It shall be an unlawful employment practice for a labor
organization--
(1) to exclude or to expel from the membership of the
organization, or otherwise to discriminate against, any
individual because of genetic information with respect to the
individual, including an inquiry by the individual regarding
genetic services;
(2) to limit, segregate, or classify the members of the
organization, or to classify or fail or refuse to refer for
employment any individual, in any way that would deprive or
tend to deprive any individual of employment opportunities, or
would limit the employment opportunities or otherwise adversely
affect the status of the individual as an employee, because of
genetic information with respect to the individual, including
an inquiry by the individual regarding genetic services; or
(3) to cause or attempt to cause an employer to
discriminate against an individual in violation of this
section.
SEC. 6. TRAINING PROGRAMS.
It shall be an unlawful employment practice for any employer, labor
organization, or joint labor-management committee controlling
apprenticeship or other training or retraining, including on-the-job
training programs, to discriminate against any individual because of
genetic information with respect to the individual, including an
inquiry by the individual regarding genetic services, in admission to,
or employment in, any program established to provide apprenticeship or
other training or retraining.
SEC. 7. CONFIDENTIALITY.
If an employer, labor organization, or employment agency possesses
genetic information about an employee, the employer, labor
organization, or employment agency--
(1) shall maintain the information on separate forms and in
separate medical files, and treat the information as a
confidential medical record, except that, if the employee
provides knowing and voluntary written consent--
(A) the employer may inform a supervisor or manager
of the employee regarding a necessary restriction on
the work or duties of, or a necessary accommodation
for, the employee;
(B) the employer may inform first aid and safety
personnel (when appropriate, within the meaning of
section 102(d)(3)(B)(ii) of the Americans with
Disabilities Act of 1990 (42 U.S.C.
12112(d)(3)(B)(ii))); and
(C) the employer shall provide relevant information
to a government official investigating compliance with
this Act, on request;
(2) shall disclose the information to the employee at the
request of the employee; and
(3) shall not otherwise disclose the information.
SEC. 8. CIVIL ACTION.
(a) In General.--An employee or member of a labor organization may
bring an action in a Federal or State court of competent jurisdiction
against an employer, employment agency, labor organization, or joint
labor-management committee who violates this Act.
(b) Class Actions.--The employee or member may bring the action for
and in behalf of--
(1) the employee or member; or
(2) the employee or member, and other employees or members
of the labor organization who are similarly situated.
(c) Remedy.--The court in which the action is brought may award any
appropriate legal or equitable relief.
SEC. 9. CONSTRUCTION.
Nothing in this Act shall be construed to limit the rights or
protections of an employee or member of a labor organization under the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). | Genetic Employment Protection Act of 1997 - Prohibits discrimination in employment on the basis of genetic information with respect to an individual, including an inquiry by the individual regarding genetic services. Sets forth confidentiality and civil action provisions. | {"src": "billsum_train", "title": "Genetic Employment Protection Act of 1997"} | 1,340 | 48 | 0.587127 | 1.517218 | 1.036628 | 3.439024 | 30.804878 | 0.853659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Vaccine Price Act of 2004''.
SEC. 2. PROHIBITION AGAINST PRICE GOUGING DURING A SHORTAGE OF A
COVERED VACCINE.
(a) Prohibition.--No person shall introduce or deliver for
introduction into interstate commerce any covered vaccine with a price
in violation of this section.
(b) Unlawful Price.--The price of a covered vaccine is in violation
of this section if--
(1) at the time the vaccine is offered for sale at such
price--
(A) there is in effect a declaration of a shortage
of the vaccine under subsection (c); or
(B) the seller knows or has substantial reason to
believe there will be a shortage of the vaccine within
a period of 60 days, and not later than the end of such
period there is in effect a declaration of a shortage
of the vaccine under subsection (c); and
(2) the price of the vaccine per dose is at least 150
percent of the baseline price of the vaccine per dose (as
determined under subsection (d)).
(c) Declaration of Vaccine Shortage.--For any period for which the
Secretary of Health and Human Services determines there will be a
shortage of a covered vaccine, the Secretary may declare a shortage of
that vaccine for purposes of this Act.
(d) Baseline Price Determination.--
(1) In general.--Subject to paragraph (2), the baseline
price of a covered vaccine per dose is--
(A) the average price of the brand of vaccine per
dose offered for sale by the seller on the date that is
60 days before the effective date of the applicable
declaration under subsection (c);
(B) if the seller did not offer for sale the brand
of vaccine on the date described in subparagraph (A),
the average price of the brand of vaccine per dose
offered by the seller during the 12-month period
preceding such date; or
(C) if the seller did not offer for sale the brand
of vaccine on the date described in paragraph (1)(A) or
during the period described in paragraph (1)(B), the
price determined by the Secretary under paragraph (3).
(2) Exception.--If the Secretary finds that the average
price of a covered vaccine is substantially different at the
time of a declaration of a shortage of that vaccine under
subsection (c) than the average price of the vaccine during the
12-month period preceding such declaration because of factors
wholly unrelated to the causes of the shortage, the Secretary
may determine an appropriate baseline price of the vaccine.
(3) Timing of determinations by secretary.--At the time of
declaring a shortage of a covered vaccine under subsection (c),
the Secretary shall determine an appropriate baseline price of
the vaccine per dose for purposes of paragraph (1)(C) and, if
applicable, for purposes of paragraph (2).
(e) Penalties.--
(1) In general.--Any person who violates subsection (a)
shall be imprisoned for not more than 30 days, fined in the
amount described in paragraph (2), or both. Each violation of
subsection (a) respecting a separate dose of a covered vaccine
constitutes a separate offense.
(2) Amount.--The amount of a fine under paragraph (1) shall
be, for each dose of covered vaccine sold at a price in
violation of this section, 3 times the amount of the difference
between such price and the applicable baseline price.
(f) Citizen Suits.--
(1) In general.--Except as provided in paragraph (2), any
person may commence a civil action on his own behalf to compel
compliance with subsection (a) against any person (including
the United States and any other governmental instrumentality or
agency to the extent permitted by the Eleventh Amendment to the
Constitution) for any alleged violation of subsection (a). The
United States district courts shall have jurisdiction, without
regard to the amount in controversy or the citizenship of the
parties, to compel compliance with such subsection.
(2) Notice required.--No action may be commenced under this
subsection--
(A) prior to 30 days after the plaintiff has given
notice of the alleged violation (in such manner as the
Secretary may require) to the Secretary and to each
alleged violator of subsection (a); or
(B) if the Secretary or the Attorney General of the
United States has commenced and is diligently
prosecuting a criminal or civil action in a court of
the United States to require each such alleged violator
to comply with subsection (a), but in any such civil
action in a court of the United States any person may
intervene as a matter of right.
(3) Intervention.--In any action under this subsection, the
Secretary or the Attorney General of the United States, if not
a party, may intervene as a matter of right.
(4) Award of costs.--The court, in issuing any final order
in any action brought under this subsection, may award costs of
litigation (including reasonable attorney and expert witness
fees) to any party whenever the court determines such an award
is appropriate.
(g) Action for Damages.--If a person purchases a covered vaccine at
a price in violation of this section, the person may bring a civil
action against the seller of the vaccine in a district court of the
United States to recover--
(1) the amount that is 3 times the amount of the difference
between such price and the applicable baseline price; and
(2) the costs of the action (including reasonable attorney
and expert witness fees).
(h) No Preemption.--Nothing in this Act shall be construed as--
(1) affecting the authority of a State to regulate the
distribution and sale of vaccines; or
(2) restricting the right of any person (or class of
persons) under any statute or common law to seek enforcement of
a requirement relating to the distribution or sale of a vaccine
or to seek any other relief.
(i) Definitions.--For purposes of this Act:
(1) The term ``covered vaccine'' means a vaccine intended
to prevent or mitigate the effects of influenza or any
biological terrorist agent.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services. | Fair Vaccine Price Act of 2004 - Prohibits the sale of any vaccine intended to prevent or mitigate the effects of influenza or any biological terrorist agent at a price per dose of 150 percent or more of the baseline price if: (1) a declared shortage of the vaccine is in effect; or (2) the seller knows or has substantial reason to believe there will be a shortage within 60 days and such a shortage is declared within such time. Allows the Secretary of Health and Human Services to declare a shortage period.
Designates as a vaccine's baseline price the average price of the vaccine sold by the seller either during the preceding 60 days or 12 months before the effective date of the shortage declaration. Allows the Secretary to determine an appropriate baseline price of the vaccine if the seller did not sell the vaccine during either such period or if the difference in price is unrelated to the causes of the shortage. Requires the Secretary to determine an appropriate baseline price at the time of declaring a shortage.
Sets forth penalties for violations under this Act, including imprisonment and a fine.
Allows a person to commence a civil action to compel compliance with, or for damages for violations of, this Act. | {"src": "billsum_train", "title": "To prohibit price gouging during a shortage of a covered vaccine."} | 1,354 | 260 | 0.745098 | 2.156943 | 0.857423 | 3.351931 | 5.553648 | 0.914163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Information Security
Act of 2006''.
SEC. 2. INFORMATION SECURITY TASK FORCE.
(a) Establishment.--The Administrator of the Small Business
Administration shall establish a task force, to be known as the Small
Business Information Security Task Force, to address the information
technology security needs of small businesses.
(b) Duties.--The task force shall--
(1) identify--
(A) the information technology security needs of
small businesses; and
(B) the programs and services of the
Administration, and of the Federal Government as a
whole, that serve those needs;
(2) assess the extent to which those programs and services
serve those needs;
(3) make recommendations to the Administrator on how to
more effectively serve those needs;
(4) promote those programs and services; and
(5) inform and educate with respect to those needs and
those programs and services.
(c) Internet Portal Recommendations.--The task force shall make
recommendations to the Administrator on the establishment of an
internet portal to be used by the Administration to receive and
dispense information and resources with respect to the needs specified
in subsection (a)(1)(A) and the programs and services specified in
subsection (a)(1)(B). As part of the recommendations, the task force
shall identify the internet sites of appropriate programs, services,
and organizations, both public and private, to which the internet
portal should link.
(d) Existing Materials.--The task force shall organize and
distribute existing materials that inform and educate with respect to
the needs specified in subsection (a)(1)(A) and the programs and
services specified in subsection (a)(1)(B).
(e) Coordination With Public and Private Sector.--In carrying out
its responsibilities under this section, the task force shall
coordinate with, and may accept materials and assistance as it deems
appropriate from--
(1) any subordinate officer of the Administrator;
(2) any organization authorized by the Small Business Act
to provide assistance and advice to small businesses;
(3) other Federal agencies, their officers, or employees;
and
(4) any other organization, entity, or person not set forth
in paragraphs (1), (2), or (3).
(f) Chair and Vice-Chair.--The task force shall have--
(1) a Chair, appointed by the Administrator; and
(2) a Vice-Chair, appointed by the Administrator in
consultation with appropriate organizations, entities, or
persons from nongovernmental organizations.
(g) Members.--
(1) Chair and vice-chair.--The Chair and the Vice-Chair
shall serve as members of the task force.
(2) Additional members.--The task force shall have
additional members, each of whom shall be appointed by the
Chair with the approval of the Administrator. The number of
additional members shall be determined by the Chair in
consultation with the Administrator, except that--
(A) the additional members shall include, for each
of the groups specified in paragraph (3), at least 1
member appointed from within that group; and
(B) the number of additional members shall not
exceed 13.
(3) Groups represented.--The groups referred to in
paragraph (2) are as follows:
(A) Subject matter experts.
(B) Users of information technologies within small
businesses.
(C) Vendors of information technologies to small
businesses.
(D) Academics with expertise in the use of
information technologies to support business.
(E) Small business trade associations.
(F) Federal, State, or local agencies engaged in
securing cyber space.
(h) Meetings.--
(1) Frequency.--The task force shall meet at least 2 times
per year, and more frequently if necessary to perform its
duties.
(2) Quorum.--A majority of the members of the task force
shall constitute a quorum.
(3) Location.--The Administrator shall designate, and make
available to the task force, a location at a facility under the
control of the Administrator for use by the task force for its
meetings.
(4) Minutes.--Not later than 90 days after each meeting,
the task force shall publish the minutes of the meeting and
shall submit to Administrator any findings or recommendations
approved at the meeting. Not later than 60 days after receiving
such a submission from the task force, the Administrator shall
submit those findings, together with any comments the
Administrator considers appropriate, to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate.
(i) Personnel Matters.--
(1) Compensation of members.--Each member of the task force
shall serve without pay.
(2) Detail of sba employees.--The Administrator may detail,
without reimbursement, any of the personnel of the Small
Business Administration to the task force to assist it in
carrying out its duties. Such a detail shall be without
interruption or loss of civil status or privilege.
(3) SBA support of the task force.--Upon the request of the
task force, the Administrator shall provide to the task force
the administrative support services that the Administrator and
the Chair jointly determine to be necessary for the task force
to carry out its duties.
(j) Not Subject to Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the task
force.
(k) Startup Deadlines.--The appointment of the initial set of
members shall be completed not later than 90 days after the date of the
enactment of this Act, and the first meeting of the task force shall be
not later than 180 days after the date of the enactment of this Act.
(l) Termination.--The task force terminates at the end of fiscal
year 2010. If, as of the termination date, the task force has not
complied with subsection (h)(4) with respect to one or more meetings,
then the task force shall continue after the termination date for the
sole purpose of achieving compliance with subsection (h)(4) with
respect to those meetings.
(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000 for each of fiscal
years 2007 through 2010. | Small Business Information Security Act of 2006 - Directs the Administrator of the Small Business Administration (SBA) to establish the Small Business Information Security Task Force to address the information technology security needs of small businesses. Requires the Task Force, among other duties, to make recommendations to the Administrator on the establishment of an Internet portal to be used by the SBA to receive and dispense information and resources with respect to such needs. | {"src": "billsum_train", "title": "To establish the Small Business Information Security Task Force."} | 1,309 | 90 | 0.606747 | 1.520128 | 1.198821 | 4.0875 | 15.925 | 0.9625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elderly Housing Plus Health Support
Demonstration Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there are at least 34,100,000 Americans who are 65
years of age and older, and persons who are 85 years of age or
older comprise almost one-quarter of that population;
(2) the Bureau of the Census of the Department of Commerce
estimates that, by 2030, the elderly population will double to
70,000,000 persons;
(3) according to the Department of Housing and Urban
Development report ``Housing Our Elders--A Report Card on the
Housing Conditions and Needs of Older Americans'', the largest
and fastest growing segments of the older population include
many people who have historically been vulnerable economically
and in the housing market--women, minorities, and people over
the age of 85;
(4) many elderly persons are at significant risk with
respect to the availability, stability, and accessibility of
affordable housing;
(5) one-third of public housing residents are approximately
62 years of age or older, making public housing the largest
Federal housing program for senior citizens;
(6) the elderly population residing in public housing is
older, poorer, frailer, and more racially diverse than the
elderly population residing in other assisted housing;
(7) two-thirds of the public housing developments for the
elderly, including those that also serve the disabled, were
constructed before 1970 and are in dire need of major
rehabilitation and configuration, such as rehabilitation to
provide new roofs, energy-efficient heating, cooling, utility
systems, accessible units, and up-to-date safety features;
(8) many of the dwelling units in public housing
developments for elderly and disabled persons are undersized,
are inaccessible to residents with physical limitations, do not
comply with the requirements under the Americans with
Disabilities Act of 1990, or lack railings, grab bars,
emergency call buttons, and wheelchair accessible ramps;
(9) a study conducted for the Department of Housing and
Urban Development found that the cost of the basic
modernization needs for public housing for elderly and disabled
persons exceeds $5,700,000,000;
(10) a growing number of elderly and disabled persons face
unnecessary institutionalization because of the absence of
appropriate supportive services and assisted living facilities
in their residences;
(11) for many elderly and disabled persons, independent
living in a non-institutionalization setting is a preferable
housing alternative to costly institutionalization, and would
allow public monies to be more effectively used to provide
necessary services for such persons;
(12) congregate housing and supportive services coordinated
by service coordinators is a proven and cost-effective means of
enabling elderly and disabled persons to remain in place with
dignity and independence;
(13) the effective provision of congregate services and
assisted living in public housing developments requires the
redesign of units and buildings to accommodate independent
living;
(14) most of the elderly who reside in public housing are
eligible for Medicaid to pay for the cost of their being
institutionalized in nursing homes;
(15) nursing home costs now exceed 42 percent of the entire
Medicaid program; and
(16) by providing a nursing home resident the choice of
assisted living in public housing instead, the Federal
Government can save as much as three-quarters of the long term
per capita Medicaid costs and at the same time allow a frail
senior to age in place.
(b) Purposes.--The purposes of this Act are--
(1) to establish a demonstration program to make
competitive grants to provide state-of-the-art, health-
supportive housing with assisted living opportunities for
elderly and disabled persons;
(2) to provide funding to enhance, make safe and
accessible, and extend the useful life of public housing
developments for the elderly and disabled and to increase their
accessibility to supportive services;
(3) to provide elderly and disabled public housing
residents a readily available choice in living arrangements by
utilizing the services of service coordinators and providing a
continuum of care that allows such residents to age in place;
(4) to incorporate congregate housing service programs more
fully into public housing operations; and
(5) to accomplish such purposes and provide such funding
under existing provisions of law that currently authorize all
activities to be conducted under the program.
SEC. 3. DEFINITIONS.
In this Act:
(1) Assisted living facility.--The term ``assisted living
facility'' means any public housing project for the elderly, or
for the elderly and the non-elderly disabled, that is operated
in accordance with applicable laws and provides to the
residents any combination of the following services:
(A) Meal service adequate to meet nutritional need.
(B) Housekeeping aid.
(C) Personal assistance.
(D) Transportation services.
(E) Health-related services.
(F) Such other services as are considered important
for maintaining independent living.
(2) Elderly and disabled families.--The term ``elderly and
disabled families'' means families in which 1 or more persons
is an elderly person or a person with disabilities.
(3) Elderly person.--The term ``elderly person'' means a
person who is 62 years of age or older.
(4) Person with disabilities.--The term ``person with
disabilities'' has the same meaning as in section 3(b)(3)(E) of
the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(3)(E)).
(5) Public housing agency.--The term ``public housing
agency'' has the same meaning as in section 3(b)(6)(A) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)(A)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 4. AUTHORITY FOR ELDERLY HOUSING PLUS HEALTH SUPPORT PROGRAM.
The Secretary shall establish an elderly housing plus health
support demonstration program (referred to in this Act as the
``demonstration program'') in accordance with this Act to provide
coordinated funding to public housing projects for elderly and disabled
families selected for participation under section 5, to be used for--
(1) rehabilitation or re-configuration of such projects or
the acquisition and rehabilitation of an existing assisted
living facility in cases where the public housing agency has no
elderly housing stock suitable for conversion;
(2) the provision of space in such projects for supportive
services and community and health facilities;
(3) the provision of service coordinators for such
projects; and
(4) the provision of congregate services programs in or
near such projects.
SEC. 5. PARTICIPATION IN PROGRAM.
(a) Application and Plan.--To be eligible to be selected for
participation in the demonstration program, a public housing agency
shall submit to the Secretary--
(1) an application, in such form and manner as the
Secretary shall require; and
(2) a plan for the agency that--
(A) identifies the public housing projects for
which amounts provided under this Act will be used,
limited to projects that are designated or otherwise
used for occupancy--
(i) only by elderly families; or
(ii) by both elderly families and disabled
families; and
(B) provides for local agencies or organizations to
establish or expand the provision of health-related
services or other services that will enhance living
conditions for residents of public housing projects of
the agency, primarily in the project or projects to be
assisted under the plan.
(b) Selection and Criteria.--
(1) Selection.--The Secretary shall select public housing
agencies for participation in the demonstration program based
upon a competition among public housing agencies that submit
applications for participation.
(2) Criteria.--The competition referred to in paragraph (1)
shall be based upon--
(A) the extent of the need for rehabilitation or
re-configuration of the public housing projects of an
agency that are identified in the plan of the agency
pursuant to subsection (a)(2)(A);
(B) the past performance of an agency in serving
the needs of elderly public housing residents or non-
elderly, disabled public housing residents given the
opportunities in the locality;
(C) the past success of an agency in obtaining non-
public housing resources to assist such residents given
the opportunities in the locality; and
(D) the effectiveness of the plan of an agency in
creating or expanding services described in subsection
(a)(2)(B).
SEC. 6. CONFIGURATION AND CAPITAL IMPROVEMENTS.
(a) Grants.--
(1) In general.--The Secretary shall make grants to public
housing agencies selected for participation under section 5, to
be used only--
(A) for capital improvements to rehabilitate or
configure public housing projects identified in the
plan submitted under section 5(a)(2)(A);
(B) to provide space for supportive services and
for community and health-related facilities primarily
for the residents of projects identified in the plan
submitted under section 5(a)(2)(A); and
(C) for the cost of acquisition by a public housing
agency of an existing assisted living facility that is
in need of rehabilitation in cases where the public
housing agency has no elderly housing stock suitable
for conversion.
(2) Source of funds.--Grants shall be made under this
section from funds made available for the demonstration program
in accordance with subsection (c).
(3) Inapplicability of other provisions.--Section 9(c)(1)
of the United States Housing Act of 1937 (42 U.S.C.
1437g(c)(1)) does not apply to grants made under this section.
(b) Allocation.--Grants funded in accordance with this section
shall--
(1) be allocated among public housing agencies selected for
participation under section 5 on the basis of the criteria
established under section 5(b)(2); and
(2) be made in such amounts and subject to such terms as
the Secretary shall determine.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for the demonstration program, to make grants in
accordance with this section--
(1) $100,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for fiscal year 2005 and
each subsequent fiscal year.
SEC. 7. SERVICE COORDINATORS.
(a) Grants.--
(1) In general.--The Secretary shall make grants to public
housing agencies selected for participation under section 5, to
be used only--
(A) for public housing projects for elderly and
disabled families for whom capital assistance is
provided under section 6; and
(B) to provide service coordinators and related
activities identified in the plan of the agency
pursuant to section 5(a)(2), so that the residents of
such public housing projects will have improved and
more economical access to services that support the
health and well-being of the residents.
(2) Source of funds.--Grants shall be made under this
section from funds made available for the demonstration program
in accordance with subsection (c).
(3) Inapplicability of other provisions.--Section 9(c)(1)
of the United States Housing Act of 1937 (42 U.S.C.
1437g(c)(1)) does not apply to grants made under this section.
(b) Allocation.--The Secretary shall provide a grant pursuant to
this section, in an amount not to exceed $100,000, to each public
housing agency that is selected for participation under section 5.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for the demonstration program, to make grants in
accordance with this section--
(1) $2,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for fiscal year 2005 and
each subsequent fiscal year.
SEC. 8. CONGREGATE HOUSING SERVICES PROGRAMS.
(a) Grants.--
(1) In general.--The Secretary shall make grants to public
housing agencies selected for participation under section 5, to
be used only--
(A) in connection with public housing projects for
elderly and disabled families for which capital
assistance is provided under section 6; and
(B) to carry out a congregate housing service
program identified in the plan of the agency pursuant
to section 5(a)(2) that provides services as described
in section 202(g)(1) of the Housing Act of 1959 (12
U.S.C. 1701q(g)(1)).
(2) Source of funds.--Grants shall be made under this
section from funds made available for the demonstration program
in accordance with subsection (c).
(3) Inapplicability of other provisions.--Other than as
specifically provided in this section--
(A) section 9(c)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437g(c)(1)) does not apply to
grants made under this section; and
(B) section 202 of the Housing Act of 1959 (12
U.S.C. 1701q) does not apply to grants made under this
section.
(b) Allocation.--The Secretary shall provide a grant pursuant to
this section, in an amount not to exceed $150,000, to each public
housing agency that is selected for participation under section 5.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for the demonstration program, to make grants in
accordance with this section--
(1) $3,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for fiscal year 2005 and
each subsequent fiscal year.
SEC. 9. SAFEGUARDING OTHER APPROPRIATIONS.
Amounts authorized to be appropriated under this Act to carry out
this Act are in addition to any amounts authorized to be appropriated
under any other provision of law, or otherwise made available in
appropriations Acts, for rehabilitation of public housing projects, for
service coordinators for public housing projects, or for congregate
housing services programs. | Elderly Housing Plus Health Support Demonstration Act - Directs the Secretary of Housing and Urban Development to carry out an elderly housing plus health support demonstration program to provide elderly and disabled families in public housing with supportive and congregate services, and housing rehabilitation.
Sets forth public housing authority (PHA) selection provisions. Authorizes appropriations for capital improvements. Directs the Secretary to provide PHA grants under the Housing Act of 1937 for service coordinator and congregate services. | {"src": "billsum_train", "title": "A bill to establish the elderly housing plus health support demonstration program to modernize public housing for elderly and disabled persons."} | 2,967 | 103 | 0.44983 | 1.131329 | 0.550848 | 2.52381 | 33.190476 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Reform Act of 1993''.
SEC. 2. PENSION INTEGRATION RULES.
(a) Applicability of New Integration Rules Extended to All Existing
Accrued Benefits.--Notwithstanding subsection (c)(1) of section 1111 of
the Tax Reform Act of 1986 (relating to effective date of application
of nondiscrimination rules to integrated plans) (100 Stat. 2440),
effective for plan years beginning after the date of the enactment of
this Act, the amendments made by subsection (a) of such section 1111
shall also apply to benefits attributable to plan years beginning on or
before December 31, 1988.
(b) Integration Disallowed for Simplified Employee Pensions.--
(1) In general.--Subparagraph (D) of section 408(k)(3) of
the Internal Revenue Code of 1986 (relating to permitted
disparity under rules limiting discrimination under simplified
employee pensions) is repealed.
(2) Conforming amendment.--Subparagraph (C) of such section
408(k)(3) is amended by striking ``and except as provided in
subparagraph (D),''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to taxable years beginning on or after
January 1, 1994.
(c) Eventual Repeal of Integration Rules.--Effective for plan years
beginning on or after January 1, 2002--
(1) subparagraphs (C) and (D) of section 401(a)(5) of the
Internal Revenue Code of 1986 (relating to pension integration
exceptions under nondiscrimination requirements for
qualification) are repealed, and subparagraph (E) of such
section 401(a)(5) is redesignated as subparagraph (C); and
(2) subsection (l) of section 401 of such Code (relating to
nondiscriminatory coordination of defined contribution plans
with OASDI) is repealed.
SEC. 3. APPLICATION OF MINIMUM COVERAGE REQUIREMENTS WITH RESPECT TO
SEPARATE LINES OF BUSINESS.
(a) In General.--Subsection (b) of section 410 of the Internal
Revenue Code of 1986 (relating to minimum coverage requirements) is
amended--
(1) in paragraph (1), by striking ``A trust'' and inserting
``In any case in which the employer with respect to a plan is
treated, under section 414(r), as operating separate lines of
business for a plan year, a trust'', and by inserting ``for
such plan year'' after ``requirements''; and
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively and by inserting after
paragraph (2) the following new paragraph:
``(3) Special rule where employer operates single line of
business.--In any case in which the employer with respect to a
plan is not treated, under section 414(r), as operating
separate lines of business for a plan year, a trust shall not
constitute a qualified trust under section 401(a) unless such
trust is designated by the employer as part of a plan which
benefits all employees of the employer.''.
(b) Limitation on Line of Business Exception.--Paragraph (6) of
section 410(b) of such Code (as redesignated by subsection (a)(2) of
this section) is amended by inserting ``other than paragraph (1)(A)''
after ``this subsection''.
SEC. 4. ELIMINATION OF SPECIAL VESTING RULE FOR MULTIEMPLOYER PLANS.
(a) Internal Revenue Code Amendment.--Paragraph (2) of section
411(a) of the Internal Revenue Code of 1986 (relating to minimum
vesting standards) is amended--
(1) by striking ``subparagraph (A), (B), or (C)'' and
inserting ``subparagraph (A) or (B)''; and
(2) by striking subparagraph (C).
(b) ERISA Amendment.--Paragraph (2) of section 203(a)(2) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)(2))
is amended--
(1) by striking ``subparagraph (A), (B), or (C)'' and
inserting ``subparagraph (A) or (B)''; and
(2) by striking subparagraph (C).
SEC. 5. DIVISION OF PENSION BENEFITS UPON DIVORCE.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) In general.--Subsection (a) of section 401 of the
Internal Revenue Code of 1986 (relating to requirements for
qualification) is amended--
(A) by inserting after paragraph (31) the following
new paragraph:
``(32) Division of pension benefits upon divorce.--
``(A) In general.--In the case of a divorce of a
participant in a pension plan from a spouse who is,
immediately before the divorce, a beneficiary under the
plan, a trust forming a part of such plan shall not
constitute a qualified trust under this section unless
the plan provides that at least 50 percent of the
marital share of the accrued benefit of the participant
under the plan ceases to be an accrued benefit of such
participant and becomes an accrued benefit of such
divorced spouse, determined and payable upon the
earlier of the retirement of the participant, the
participant's death, or the termination of the plan,
except to the extent that a qualified domestic
relations order in connection with such divorce
provides otherwise.
``(B) Limitation.--Subparagraph (A) shall not be
construed--
``(i) to require a plan to provide any type
or form of benefit, or any option, not
otherwise provided under the plan,
``(ii) to require the plan to provide
increased benefits (determined on the basis of
actuarial value),
``(iii) to require the payment of benefits
to the divorced spouse which are required to be
paid to another individual in accordance with
this paragraph or pursuant to a domestic
relations order previously determined to be a
qualified domestic relations order, or
``(iv) to require payment of benefits to
the divorced spouse in the form of a qualified
joint and survivor annuity to the divorced
spouse and his or her subsequent spouse.
``(C) Definitions.--For purposes of this
paragraph--
``(i) Domestic relations order; qualified
domestic relations order.--The terms `domestic
relations order' and `qualified domestic
relations order' shall have the meanings
provided in section 414(p).
``(ii) Marital share.--The term `marital
share' means, in connection with an accrued
benefit under a pension plan, the product
derived by multiplying--
``(I) the actuarial present value
of the accrued benefit, by
``(II) a fraction, the numerator of
which is the period of time, during the
marriage between the spouse and the
participant in the plan, which
constitutes creditable service by the
participant under the plan, and the
denominator of which is the total
period of time which constitutes
creditable service by the participant
under the plan.
``(iii) Qualified joint and survivor
annuity.--The term `qualified joint and
survivor annuity' has the meaning provided in
section 417(b).
``(D) Regulations.--In prescribing regulations
under this paragraph, the Secretary shall consult with
the Secretary of Labor.''; and
(B) in the last sentence, by striking ``and (20)''
and inserting ``(20), and (32)''.
(2) Conforming amendments.--
(A) Subparagraph (B) of section 401(a)(13) of such
Code (relating to special rules for domestic relations
orders) is amended by inserting ``or if such creation,
assignment, or recognition pursuant to such order is
necessary for compliance with the requirements of
paragraph (32)'' before the period.
(B) Subsection (p) of section 414 of such Code
(defining qualified domestic relations orders) is
amended--
(i) in paragraph (3)(C), by inserting ``or
to a divorced spouse of the participant in
connection with a previously occurring divorce
as required under section 401(a)(32)'' before
the period; and
(ii) in paragraph (7)(C), by striking ``if
there had been no order'' and inserting ``in
accordance with section 401(a)(32) as if there
had been no qualified domestic relations
order''.
(b) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) In general.--Section 206 of Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1056) is amended by adding at
the end the following new subsection:
``(e)(1) In the case of a divorce of a participant in a pension
plan from a spouse who is, immediately before the divorce, a
beneficiary under the plan, the plan shall provide that at least 50
percent of the marital share of the accrued benefit of the participant
under the plan ceases to be an accrued benefit of such participant and
becomes an accrued benefit of such divorced spouse, determined and
payable upon the earlier of the retirement of the participant, the
participant's death, or the termination of the plan, except to the
extent that a qualified domestic relations order in connection with
such divorce provides otherwise.
``(2) Paragraph (1) shall not be construed--
``(A) to require a plan to provide any type or form of
benefit, or any option, not otherwise provided under the plan,
``(B) to require the plan to provide increased benefits
(determined on the basis of actuarial value),
``(C) to require the payment of benefits to the divorced
spouse which are required to be paid to another individual in
accordance with this subsection or pursuant to a domestic
relation order previously determined to be a qualified domestic
relations order, or
``(D) to require payment of benefits to the divorced spouse
in the form of a joint and survivor annuity to the divorced
spouse and his or her subsequent spouse.
``(3) For purposes of this subsection--
``(A) The terms `domestic relations order' and `qualified
domestic relations order' shall have the meanings provided in
subsection (d)(3)(B).
``(B) The term `marital share' means, in connection with an
accrued benefit under a pension plan, the product derived by
multiplying--
``(i) the actuarial present value of the accrued
benefit, by
``(ii) a fraction--
``(I) the numerator of which is the period
of time, during the marriage between the spouse
and the participant in the plan, which
constitutes creditable service by the
participant under the plan, and
``(II) the denominator of which is the
total period of time which constitutes
creditable service by the participant under the
plan.
``(C) The term `qualified joint and survivor annuity' shall
have the meaning provided in section 205(d).
``(4) In prescribing regulations under this subsection, the
Secretary shall consult with the Secretary of the Treasury.''.
(2) Conforming amendments.--Section 206(d) of such Act (29
U.S.C. 1056(d)) is amended--
(A) in the first sentence of paragraph (3), by
inserting ``or if such creation, assignment, or
recognition pursuant to such order is necessary for
compliance with the requirements of subsection (e)''
before the period;
(B) in paragraph (3)(D)(iii), by inserting ``or to
a divorced spouse of the participant in connection with
a previously occurring divorce as required under
subsection (e)'' before the period; and
(C) in paragraph (3)(H)(iii), by striking ``if
there had been no order'' and inserting ``in accordance
with subsection (e) as if there had been no qualified
domestic relations order''.
SEC. 6. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act, other than section 2, shall apply with
respect to plan years beginning on or after January 1, 1995, and the
amendments made by section 5 shall apply only with respect to divorces
becoming final in such plan years.
(b) Special Rule for Collectively Bargained Plans.--In the case of
a plan maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more employers
ratified on or before the date of the enactment of this Act, subsection
(a) shall be applied to benefits pursuant to, and individuals covered
by, any such agreement by substituting for ``January 1, 1995'' the date
of the commencement of the first plan year beginning on or after the
earlier of--
(1) the later of--
(A) January 1, 1995, or
(B) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof after the date of the
enactment of this Act), or
(2) January 1, 1997.
(c) Plan Amendments.--If any amendment made by this Act requires an
amendment to any plan, such plan amendment shall not be required to be
made before the first plan year beginning on or after January 1, 1995,
if--
(1) during the period after such amendment made by this Act
takes effect and before such first plan year, the plan is
operated in accordance with the requirements of such amendment
made by this Act, and
(2) such plan amendment applies retroactively to the period
after such amendment made by this Act takes effect and such
first plan year.
A plan shall not be treated as failing to provide definitely
determinable benefits or contributions, or to be operated in accordance
with the provisions of the plan, merely because it operates in
accordance with this subsection.
SEC. 7. CLARIFICATION OF CONTINUED AVAILABILITY OF REMEDIES RELATING TO
MATTERS TREATED IN DOMESTIC RELATIONS ORDERS ENTERED
BEFORE 1985.
(a) In General.--In any case in which--
(1) under a prior domestic relations order entered before
January 1, 1985, in an action for divorce--
(A) the right of a spouse under a pension plan to
an accrued benefit under such plan was not divided
between spouses,
(B) any right of a spouse with respect to such an
accrued benefit was waived without the informed consent
of such spouse, or
(C) the right of a spouse as a participant under a
pension plan to an accrued benefit under such plan was
divided so that the other spouse received less than
such other spouse's pro rata share of the accrued
benefit under the plan, or
(2) a court of competent jurisdiction determines that any
further action is appropriate with respect to any matter to
which a prior domestic relations order entered before such date
applies,
nothing in the provisions of section 104, 204, or 303 of the Retirement
Equity Act of 1984 (Public Law 98-397) or the amendments made thereby
shall be construed to require or permit the treatment, for purposes of
such provisions, of a domestic relations order, which is entered on or
after the date of the enactment of this Act and which supercedes,
amends the terms of, or otherwise affects such prior domestic relations
order, as other than a qualified domestic relations order solely
because such prior domestic relations order was entered before January
1, 1985.
(b) Definitions.--For purposes of this section--
(1) In general.--Terms used in this section which are
defined in section 3 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002) shall have the meanings provided
such terms by such section.
(2) Pro rata share.--The term ``pro rata share'' of a
spouse means, in connection with an accrued benefit under a
pension plan, 50 percent of the product derived by
multiplying--
(A) the actuarial present value of the accrued
benefit, by
(B) a fraction--
(i) the numerator of which is the period of
time, during the marriage between the spouse
and the participant in the plan, which
constitutes creditable service by the
participant under the plan, and
(ii) the denominator of which is the total
period of time which constitutes creditable
service by the participant under the plan.
(3) Plan.--All pension plans in which a person has been a
participant shall be treated as one plan with respect to such
person.
SEC. 8. SECTION 2 OF RAILROAD RETIREMENT ACT OF 1974 IS AMENDED--
(1) in subsection (c)(4), by striking ``(A) is entitled to an
annuity under subsection (a)(1) and (B)''
(2) in subsection (e)(5), by striking ``or divorced wife'' the
second place it appears.
HR 4367 IH----2 | Pension Reform Act of 1993 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) with respect to pension integration, participation, and vesting requirements.
Extends applicability of new integration rules under the Tax Reform Act of 1986 to all existing accrued benefits.
Amends the IRC to disallow integration for simplified employee pensions, by repealing provisions relating to permitted disparity under rules limiting discrimination under simplified employee pensions.
Provides for eventual repeal of certain integration rules, by repealing for plan years beginning on or after January 1, 2002, IRC provisions relating to: (1) pension integration exceptions under nondiscrimination requirements for qualification; and (2) nondiscriminatory coordination of defined contribution plans with Old Age, Survivors and Disability Insurance.
Revises IRC minimum coverage requirements with respect to separate lines of business. Sets forth a special rule where the employer operates a single line of business. Limits a line of business exception.
Eliminates a special vesting rule for multiemployer plans under IRC and ERISA.
Provides for division of pension benefits upon divorce unless otherwise provided in qualified domestic relations orders.
Provides for the continued availability of remedies relating to rights of spouses to accrued benefits under pension plans under divorce case domestic relations orders entered before 1985.
Amends the Railroad Retirement Act of 1974 to revise provisions relating to divorced wives' eligibility for annuities. | {"src": "billsum_train", "title": "Pension Reform Act of 1993"} | 3,878 | 323 | 0.632248 | 1.827801 | 0.804995 | 3.067669 | 12.981203 | 0.887218 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Headquarters Consolidation Accountability Act of 2015''.
SEC. 2. REPORT ON DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS
CONSOLIDATION PROJECT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Administrator of General Services, shall submit
to the appropriate committees of Congress a report on the Department of
Homeland Security headquarters consolidation project within the
National Capital Region. Such report shall include each of the
following:
(1) A proposed occupancy plan for the consolidation project
that includes specific information about which Department-wide
operations, component operations, and support offices will be
located at the site, the aggregate number of full-time
equivalent employees projected to occupy the site, and schedule
estimates for migrating operations to the site.
(2) A comprehensive assessment of the current and future
real property needed by the Department in the National Capital
Region in order to carry out the mission of the Department to
secure the homeland and defend the Nation against future acts
of terrorism.
(3) An analysis of the difference between the current and
needed capital assets and facilities of the Department.
(4) A current plan for construction of the headquarters
consolidation at the St. Elizabeths campus that includes--
(A) the estimated costs and schedule for the
current plan; and
(B) any estimated costs savings associated with
reducing the scope of the consolidation project and
increasing the use of existing capacity developed under
the project.
(5) A current plan for the leased portfolio of the
Department in the National Capital Region that includes--
(A) the total rentable square feet, number of
personnel, and proposed utilization rates;
(B) the replacement and consolidation plan,
including--
(i) an end-state vision that identifies
which Department-wide operations, component
operations, and support offices do not migrate
to the St. Elizabeths campus and continue to
operate at a property in the leased portfolio;
(ii) the number of full-time equivalent
employees who are expected to operate at each
property, component, or office; and
(iii) timing and anticipated leased terms,
for leased space under the plan referred to in
paragraph (4); and
(C) the costs and benefits of leasing and
construction alternatives for the headquarters
consolidation project.
(6) A detailed list of alternatives considered by the
Department during the development of the plan referred to in
paragraph (4), including the costs and benefits of alternatives
to such plan.
(b) Update of Cost and Schedule Estimates.--Not later than 180 days
after date of the submittal of the report required by subsection (a),
the Secretary, in coordination with the Administrator of General
Services, shall complete the update of the cost and schedule estimates
for the portions of the consolidation project that are not yet complete
as of such date based on the information contained in the report.
Consistent with the recommendation of the Government Accountability
Office in GAO-14-648, such estimates shall conform to relevant Federal
guidance for cost and schedule estimates.
(c) Comptroller General Review.--
(1) Review required.--The Comptroller General of the United
States shall review the update of the cost and schedule
estimates under subsection (b) to evaluate the quality and
reliability of such estimates.
(2) Assessment.--Not later than 60 days after the
completion of the update of the cost and schedule estimates
under subsection (b), the Comptroller General shall report to
the appropriate congressional committees on the results of the
review required by paragraph (1).
(d) Definitions.--In this Act:
(1) The term ``National Capital Region'' has the meaning
given such term under section 2674(f)(2) of title 10, United
States Code.
(2) The term ``appropriate committees of Congress'' means
the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Environment and
Public Works of the Senate.
Passed the House of Representatives June 23, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on June 17, 2015. Department of Homeland Security Headquarters Consolidation Accountability Act of 2015 (Sec. 2) Directs the Department of Homeland Security (DHS), in coordination with the General Services Administration (GSA), to submit a report on the DHS headquarters consolidation project within the National Capital Region, including: a proposed occupancy plan that includes specific information about which DHS-wide operations, component operations, and support offices will be located at the site, the aggregate number of full time equivalent employees projected to occupy the site, and schedule estimates for migrating operations to the site; a comprehensive assessment of the real property needed by DHS in the Region to carry out its mission to secure the homeland and defend against terrorism; an analysis of the difference between the current and needed capital assets and facilities of DHS; a current plan for construction of the headquarters consolidation at the St. Elizabeth's campus that includes the estimated costs and schedule for the current plan and any estimated costs savings associated with reducing the scope of the project and increasing the use of existing capacity developed under the project; a current plan for the leased portfolio of DHS in the Region that includes the total rentable square feet, number of personnel, and proposed utilization rates, the replacement and consolidation plan, including an end-state vision that identifies which DHS-wide operations, component operations, and support offices do not migrate to the St. Elizabeths campus and continue to operate at a property in the leased portfolio, the number of full time equivalent employees who are expected to operate at each property, component, or office, and timing and anticipated leased terms for leased space, and the costs and benefits of leasing and construction alternatives; and a detailed list of alternatives considered by DHS during the plan's development, including their costs and benefits. Directs DHS, in coordination with GSA, to complete the update of the cost and schedule estimates for the portions of the project that are not yet complete based on the information contained in the report. Directs the Comptroller General to review the update, evaluate the quality and reliability of such estimates, and report on the results. | {"src": "billsum_train", "title": "Department of Homeland Security Headquarters Consolidation Accountability Act of 2015"} | 890 | 464 | 0.805583 | 2.623105 | 0.981084 | 4.908019 | 2.075472 | 0.926887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Stopping Adults
Facilitating the Exploitation of Today's Youth (SAFETY) Act of 2009''.
SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960A. Financial facilitation of access to child pornography
``Whoever knowingly conducts, or attempts or conspires to conduct,
a financial transaction (as defined in section 1956(c)) in or affecting
interstate or foreign commerce, knowing that such transaction will
facilitate access to, or the possession of, child pornography (as
defined in section 2256) shall be fined under this title or imprisoned
not more than 20 years, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960A. Financial facilitation of access to child pornography.''.
SEC. 3. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF
CHILDREN.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960B. Internet facilitation of child pornography and
exploitation of children
``(a) Offense.--Whoever, being an Internet content hosting provider
or email service provider, knowingly engages in any conduct the
provider knows or has reason to believe facilitates access to, or the
possession of, child pornography (as defined in section 2256) shall be
fined under this title or imprisoned not more than 10 years, or both.
``(b) Definitions.--As used in this section--
``(1) the term `Internet content hosting provider' means a
service that--
``(A) stores, through electromagnetic or other
means, electronic data, including the content of web
pages, electronic mail, documents, images, audio and
video files, online discussion boards, and weblogs; and
``(B) makes such data available via the Internet;
and
``(2) the term `email service provider' means a person
that--
``(A) provides a service, using the Internet, for
the transmission, receipt, storage, and retrieval, by
registered users, of electronic mail messages; and
``(B) receives the content of, and recipient list
for, electronic mail messages that it transmits,
receives, or stores for the person or entity procuring
such services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960B. Internet facilitation of child pornography and exploitation of
children.''.
SEC. 4. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``1466A (relating to obscene visual
representation of the abuse of children),'' before ``section
1708'';
(2) by inserting ``1960A (relating to financial
facilitation of access to child pornography), 1960B (relating
to Internet facilitation of child pornography and exploitation
of children),'' before ``section 2113''; and
(3) by inserting ``2260A (relating to increased penalties
for registered sex offenders),'' before ``section 2280''.
SEC. 5. RETENTION OF RECORDS BY ELECTRONIC COMMUNICATION SERVICE
PROVIDERS.
Section 2703 of title 18, United States Code, is amended by adding
at the end the following:
``(h) Retention of Certain Records and Information.--A provider of
an electronic communication service or remote computing service shall
retain for a period of at least two years all records or other
information pertaining to the identity of a user of a temporarily
assigned network address the service assigns to that user.''.
SEC. 6. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.
Section 2251(e) of title 18, United States Code, is amended--
(1) by striking ``15 years nor more than 30 years'' and
inserting ``20 years or for life''; and
(2) by striking ``not less than 25 years nor more than 50
years,'' and all that follows through ``not less than 30 years
nor more than life.'' and inserting ``life.''.
SEC. 7. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL
INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.
Section 2252(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``5 years and not more than 20
years'' and inserting ``15 years or for life''; and
(B) by striking ``not less than 15 years nor more
than 40 years.'' and inserting ``not less than 30 years
or for life.''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned for not
less than 3 years nor more than 20 years''; and
(B) by striking ``10 years nor more than 20
years.'' and inserting ``20 years or for life.''.
SEC. 8. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL
CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.
Section 2252A(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``5 years and not more than 20
years'' and inserting ``15 years or for life''; and
(B) by striking ``not less than 15 years nor more
than 40 years'' and inserting ``not less than 30 years
or for life''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned for not
less than 3 years nor more than 20 years''; and
(B) by striking ``10 years nor more than 20 years''
and inserting ``20 years or for life''.
SEC. 9. ADDITIONAL RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by inserting ``section 641 (relating to embezzlement or
theft of public money, property, or records,'' after ``473
(relating to counterfeiting),''; and
(2) by inserting ``section 666 (relating to theft or
bribery concerning programs receiving Federal funds),'' after
``section 664 (relating to embezzlement from pension and
welfare funds),''.
SEC. 10. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL
INITIATIVE.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the Federal Bureau of Investigation to
carry out the Innocent Images National Initiative, $30,000,000 for each
of the fiscal years 2010 through 2014.
(b) Availability.--Any amounts appropriated pursuant to subsection
(a) shall remain available until expended. | Internet Stopping Adults Facilitating the Exploitation of Today's Youth (SAFETY) Act of 2009 - Amends the federal criminal code to: (1) prohibit financial transactions in interstate or foreign commerce that facilitate access to, or the possession of, child pornography; (2) prohibit conduct by an Internet content hosting provider or email service provider that facilitates access to, or the possession of, child pornography; (3) require providers of electronic communication or remote computing services to retain certain user records for at least two years; (4) establish certain child sexual exploitation crimes as a predicate for money laundering prosecutions; (5) increase criminal penalties for sexual exploitation of children and for child pornography; and (6) establish embezzlement or theft of public property and bribery as predicates for racketeering prosecutions.
Authorizes appropriations for FY2010-FY2014 for the Innocent Images National Initiative. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes."} | 1,761 | 204 | 0.501536 | 1.511842 | 0.845276 | 3.763636 | 9.006061 | 0.878788 |
SECTION 1. ELIMINATION OF FOREIGN BASE COMPANY SHIPPING INCOME AS
FOREIGN BASE COMPANY INCOME.
(a) Elimination of Foreign Base Company Shipping Income.--Section
954 of the Internal Revenue Code of 1986 (relating to foreign base
company income) is amended--
(1) by striking paragraph (4) of subsection (a) (relating
to foreign base company shipping income), and
(2) by striking subsection (f) (relating to foreign base
company shipping income).
(b) Conforming Amendments.--
(1) Subparagraph (D) of section 904(d)(2) (relating to the
definition of shipping income for purposes of the foreign tax
credit) is amended to read as follows:
``(D) Shipping income.--
``(i) In general.--The term `shipping
income' means income derived from, or in
connection with, the use (or hiring or leasing
for use) of any aircraft or vessel in foreign
commerce, or from, or in connection with, the
performance of services directly related to the
use of any such aircraft, or vessel, or from
the sale, exchange, or other disposition of any
such aircraft or vessel.
``(ii) Special rules.--
``(I) Such term includes dividends
and interest received from a foreign
corporation in respect of which taxes
are deemed paid under section 902
(other than dividends from a
noncontrolled section 902 corporation
out of earnings and profits accumulated
in taxable years beginning before
January 1, 2003) and gain from the
sale, exchange, or other disposition of
stock or obligations of such a foreign
corporation to the extent that such
dividends, interest, and gains are
attributable to shipping income.
``(II) Such term includes that
portion of the distributive share of
the income of a partnership
attributable to shipping income.
``(III) Such term includes any
income derived from a space or ocean
activity (as defined in section
863(d)(2)).
``(IV) Such term does not include,
except as provided in subclause (I),
any dividend or interest income which
is foreign personal holding company
income as defined in section 954(c).
``(V) Such term does not include
financial services income.''
(2) Sections 952(c)(1)(B)(iii) of such Code is amended by
striking subclause (I) and redesignating subclauses (II)
through (VI) as subclauses (I) through (V), respectively.
(3) Section 953 of such Code is amended--
(A) by striking ``954(i)'' and inserting ``954(h)''
in subsections (b)(3) and (e) each place it appears,
and
(B) by striking ``954(h)(7)'' and inserting
``954(g)(7)'' in subsection (e)(7)(A).
(4) Section 954 of such Code is amended--
(A) in subsection (a) by inserting ``and'' at the
end of paragraph (3) and redesignating paragraph (5) as
paragraph (4),
(B) in subsection (b)--
(i) by striking ``the foreign base shipping
income,'' in paragraph (5),
(ii) by striking paragraphs (6) and (7),
and
(iii) by redesignating paragraph (8) as
paragraph (6), and
(C) by redesignating subsections (g), (h), and (i)
as subsections (f), (g), and (h), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after December
31, 1999, and to taxable years of United States shareholders (within
the meaning of section 951(b) of the Internal Revenue Code of 1986)
within which or with which such taxable years of such foreign
corporations end. | Revises the definition of "shipping income" with respect to the application of the foreign tax credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to eliminate foreign base company shipping income from foreign base company income."} | 861 | 23 | 0.527008 | 1.268845 | -0.215523 | 1.736842 | 42.210526 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Speech About Science Act of
2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Federal regulators have forbidden--
(A) cherry growers and food producers to cite
independent and respected scientific research on their
produce that references health benefits; and
(B) a variety of dietary supplement makers to cite
independent scientific research on health benefits from
supplements from respected, peer-reviewed scientific
journals.
(2) Americans want access and have a right to access
legitimate scientific information about foods and dietary
supplements to ensure informed decisions about diet and health
care. While the American public is inundated daily with
advertisements about prescription drugs for health conditions,
many of which could be prevented through lifestyle changes,
proper nutrition, and informed use of dietary supplements,
Americans are denied access to the very information that
assists in making informed lifestyle and health care decisions.
(3) Providing access to scientific information promotes
self-responsibility, thereby empowering Americans to exercise
independent judgment in caring for themselves and ultimately
reducing health care costs and improving quality of life.
(4) The United States has a long commitment to the free
dissemination of scientific research with the exception of
limited extreme situations for national security. This
commitment goes back to the First Amendment to the Constitution
and has contributed vitally to the Nation's economic progress.
SEC. 3. MISBRANDED FOOD AND DIETARY SUPPLEMENTS.
Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(r)) is amended--
(1) in subparagraph (3)--
(A) by redesignating clause (D) as clause (E);
(B) by inserting after clause (C) the following:
``(D) Notwithstanding the provisions of clauses (A)(i) and (B), a
claim of the type described in subparagraph (1)(B) which is not
authorized by the Secretary in a regulation promulgated in accordance
with clause (B) shall be authorized and may be made with respect to a
food if--
``(i) the claim is based on legitimate scientific research;
``(ii) the claim and the food for which the claim is made
are in compliance with clause (A)(ii) and are otherwise in
compliance with paragraph (a) and section 201(n);
``(iii) the claim is stated in a manner so that the claim--
``(I) is an accurate balanced summary of such
research; and
``(II) enables the public to comprehend the
information provided in the claim and the relative
significance of such information in the context of a
total daily diet;
``(iv) the claim includes a citation to such research; and
``(v) the claim identifies each party that funded such
research.'';
(C) in clause (E), as so redesignated, by striking
``clause (C)'' each place it appears and inserting
``clause (C) or (D)''; and
(D) by adding at the end the following:
``(F) In this subparagraph, the term `legitimate scientific
research' means scientific research, whether performed in vitro, in
vivo, in animals, or in humans, that--
``(i) is conducted in accordance with sound scientific
principles;
``(ii) has been evaluated and accepted by a scientific or
medical panel; and
``(iii) has been published in its entirety, or as an
accurate, balanced summary or scientific review including a
citation to the research in its entirety, in--
``(I) a peer-reviewed article or book;
``(II) a recognized textbook;
``(III) a peer-reviewed scientific publication; or
``(IV) any publication of the United States
Government (including ones published by or at the
request of a Federal department, agency, institute,
center, or academy).'';
(2) by amending subparagraph (6) to read as follows:
``(6)(A) For purposes of subparagraph (1)(B), a statement for a
dietary supplement may be made if--
``(i) the statement claims a benefit related to a classical
nutrient deficiency condition and discloses the prevalence of
such condition in the United States, describes the role of a
nutrient or dietary ingredient intended to affect the structure
or function in humans, characterizes the documented mechanism
by which a nutrient or dietary ingredient acts to maintain such
structure or function, or describes general well-being from
consumption of a nutrient or dietary ingredient;
``(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
``(iii) the statement contains, prominently displayed and
in boldface type, the following: `This statement has not been
evaluated by the Food and Drug Administration. This product is
not intended to diagnose, treat, cure, or prevent any
disease.'; and
``(iv) the statement does not claim to diagnose, mitigate,
treat, cure, or prevent a specific disease or class of
diseases.
``(B) Notwithstanding subparagraph (1)(B), a statement for a
dietary supplement may be made if--
``(i) the statement claims to diagnose, mitigate, treat,
cure, or prevent a specific disease or class of diseases, based
on legitimate scientific research (as defined in subparagraph
(3)(F));
``(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
``(iii) the statement contains, prominently displayed and
in boldface type, the following: `This statement has not been
evaluated by the Food and Drug Administration.';
``(iv) the claim includes a citation to the research
referred to in subclause (i); and
``(v) the claim identifies each party that funded such
research.
If the manufacturer of a dietary supplement proposes to make a
statement described in clause (A) or (B) in the labeling of the dietary
supplement, the manufacturer shall notify the Secretary no later than
30 days after the first marketing of the dietary supplement with such
statement that such a statement is being made.''; and
(3) by adding at the end the following:
``(8) Subject to subparagraph (1) (relating to claims in the label
or labeling of food), the Secretary shall take no action to restrict in
any way the distribution of information that is not false or misleading
on legitimate scientific research (as defined in subparagraph (3)(F))
in connection with the sale of food.''. | Free Speech About Science Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to allow food producers to make a disease or health-related claim about a food if such claim is based on legitimate scientific research. Requires such a claim to: (1) be stated so that it is an accurate, balanced summary of such research and enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; and (2) identify each party that funded research to support the claim.
Allows a disease or health-related statement for a dietary supplement if: (1) the statement claims to diagnose, treat, cure, or prevent a specific disease or class of diseases, based on legitimate scientific research; (2) the manufacturer of the supplement has substantiation that such statement is truthful and not misleading; and (3) the health claim includes a citation to the research supporting such claim and identifies each party that funded such research.
Prohibits the Secretary of Health and Human Services (HHS) from restricting the distribution of information that is not false or misleading and that is based on legitimate scientific research in connection with the sale of food. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act concerning the distribution of information on legitimate scientific research in connection with foods and dietary supplements, and for other purposes."} | 1,499 | 261 | 0.529778 | 1.572056 | 0.789093 | 4.739496 | 5.932773 | 0.94958 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Service Scholarship Act of
2008''.
SEC. 2. ESTABLISHMENT OF PUBLIC SERVICE SCHOLARSHIP PROGRAM.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) is amended by adding at the end the following new
subpart:
``Subpart 10--Public Service Scholarship Program
``SEC. 420Q. SCHOLARSHIPS FOR PUBLIC SERVICE.
``(a) Statement of Purpose.--It is the purpose of this subpart to
establish a Public Service Scholarship Program to promote public
service by exceptionally able students who show promise of continued
excellence.
``(b) Scholarships Authorized.--
``(1) Program authority.--The Secretary is authorized, in
accordance with the provisions of this subpart, to make grants
to States to enable the States to award scholarships to
individuals who have demonstrated outstanding academic
achievement, who show promise of continued academic
achievement, and who enter into an agreement in accordance with
subsection (e)(3).
``(2) Period of award.--Scholarships under this section
shall be awarded for a period of not less than 1 or more than 4
years during the first 4 years of study at any institution of
higher education eligible to participate in any programs
assisted under this title. The State educational agency
administering the program in a State shall have discretion to
determine the period of the award (within the limits specified
in the preceding sentence).
``(3) Use at any institution permitted.--A student awarded
a scholarship under this subpart may attend any institution of
higher education.
``(4) Public service scholars.--Individuals awarded
scholarships under this subpart shall be known as `Public
Service Scholars'.
``(c) Allocation Among States.--
``(1) Allocation formula.--From the sums appropriated
pursuant to subsection (i) for any fiscal year, the Secretary
shall allocate to each State that has an agreement under
subsection (d) an amount equal to $10,000 multiplied by the
number of scholarships determined by the Secretary to be
available to such State in accordance with paragraph (2).
``(2) Number of scholarships available.--The number of
scholarships to be made available in a State for any fiscal
year shall bear the same ratio to the number of scholarships
made available to all States as the State's population ages 5
through 17 bears to the population ages 5 through 17 in all the
States, except that not less than 10 scholarships shall be made
available to any State.
``(3) Use of census data.--For the purpose of this
subsection, the population ages 5 through 17 in a State and in
all the States shall be determined by the most recently
available data, satisfactory to the Secretary, from the Bureau
of the Census.
``(d) Agreements With States.--The Secretary shall enter into an
agreement with each State desiring to participate in the scholarship
program authorized by this subpart. Each such agreement shall include
provisions designed to assure that--
``(1) the State educational agency will administer the
scholarship program authorized by this subpart in the State;
``(2) the State educational agency will comply with the
eligibility and selection provisions of this subpart;
``(3) the State educational agency will conduct outreach
activities to publicize the availability of scholarships under
this subpart to all eligible students in the State, with
particular emphasis on activities designed to assure that
students from low-income and moderate-income families have
access to the information on the opportunity for full
participation in the scholarship program authorized by this
subpart; and
``(4) the State educational agency will pay to each
individual in the State who is awarded a scholarship for any
academic year under this subpart $10,000 for such academic
year.
``(e) Eligibility of Scholars.--
``(1) High school graduation or equivalent and admission to
institution required.--Each student awarded a scholarship under
this subpart shall--
``(A) be a graduate of a public or private
secondary school (or a home school, whether treated as
a home school or a private school under State law) or
have the equivalent of a certificate of graduation as
recognized by the State in which the student resides;
and
``(B) have been admitted for enrollment at an
institution of higher education.
``(2) Selection based on promise of academic achievement.--
Each student awarded a scholarship under this subpart must
demonstrate outstanding academic achievement and show promise
of continued academic achievement.
``(3) Public service agreements.--
``(A) In general.--To be eligible to receive a
scholarship under this subpart, a student shall enter
into a written agreement with the Secretary that
specifies that--
``(i) the student will seek to obtain
employment, and will remain employed, as an
employee of the Federal Government for a
required period of service of not less than 5
years, unless the student fails to obtain or is
involuntarily separated from that employment;
``(ii) if the student fails to obtain such
employment, or is involuntarily separated from
such employment on account of misconduct, or
voluntarily separates from such employment,
before the end of the period specified in the
agreement, the student will repay the Secretary
the sum of the amounts of any scholarships
received by such student under this subpart;
``(iii) if the student is required to repay
an amount to the Secretary under clause (ii)
and fails to repay such amount, a sum equal to
that amount shall be recoverable by the Federal
Government from the student by such methods as
are provided by law for the recovery of amounts
owed to the Federal Government; and
``(iv) the Secretary may waive, in whole or
in part, a right of recovery under this
subsection if the individual is permanently and
totally disabled at the time of the waiver
request or the Secretary determines, on the
basis of a demonstration submitted by or on
behalf of the individual, that--
``(I) recovery would cause the
individual a substantial economic or
personal hardship; or
``(II) recovery would be otherwise
contrary to the public interest;
``(B) Repayments.--
``(i) In general.--Any amount repaid by, or
recovered from, an individual under this
paragraph shall be credited to the
appropriation account from which the amount
involved was originally paid as a scholarship.
``(ii) Merger.--Any amount credited under
clause (i) shall be merged with other sums in
such account and shall be available for the
same purposes and period, and subject to the
same limitations, if any, as the sums with
which the amount was merged.
``(f) Selection of Scholars.--
``(1) Establishment of criteria.--The State educational
agency is authorized to establish the criteria for the
selection of scholars under this subpart.
``(2) Adoption of procedures.--The State educational agency
shall adopt selection procedures designed to ensure an
equitable geographic distribution of awards within the State
(and in the case of the Guam, the Virgin Islands, American
Samoa, the Commonwealth of the Northern Mariana Islands, or the
Freely Associated States, not to exceed 10 individuals will be
selected from such entities).
``(3) Consultation requirement.--In carrying out its
responsibilities under paragraphs (1) and (2), the State
educational agency shall consult with school administrators,
school boards, teachers, counselors, and parents.
``(4) Timing of selection.--The selection process shall be
completed, and the awards made, prior to the end of each
secondary school academic year.
``(g) Stipends and Scholarship Conditions.--
``(1) Amount of award.--Each student awarded a scholarship
under this subpart shall receive a stipend of $10,000 for each
academic year of study for which the scholarship is awarded,
except that in no case shall--
``(A) the total amount of financial aid awarded to
such student exceed such student's total cost-of-
attendance for any such academic year; or
``(B) the total amount of financial aid awarded to
such student under this subpart exceed a total of
$40,000 for all such academic years.
``(2) Use of award.--The State educational agency shall
establish procedures to assure that a scholar awarded a
scholarship under this subpart pursues a course of study at an
institution of higher education.
``(h) Construction of Needs Provisions.--Except as provided in
section 471, nothing in this subpart, or any other Act, shall be
construed to permit the receipt of a scholarship under this subpart to
be counted for any needs test in connection with the awarding of any
grant or the making of any loan under this Act or any other provision
of Federal law relating to educational assistance.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subpart for fiscal year 2009 and each of
the 3 succeeding fiscal years such sums as may be necessary to award
10,000 Public Service Scholarships during each of the academic years
that begin in such fiscal years.''. | Public Service Scholarship Act of 2008 - Amends the Higher Education Act of 1965 to establish a Public Service Scholarship program authorizing the Secretary of Education to make grants to states for scholarships to exceptionally able students who show promise of continued excellence and agree to serve as federal employees for at least five years.
Allocates scholarship funds among states on the basis of each state's share of the nation's population of five- through 17-year olds; but sets the minimum allocation at a level allowing grantees to award at least 10 scholarships per year. | {"src": "billsum_train", "title": "To establish a Public Service Scholarship Program, and for other purposes."} | 1,996 | 120 | 0.608072 | 1.503943 | 0.59463 | 2.362745 | 18.598039 | 0.794118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Privacy Bill of Rights
Act of 1998''.
TITLE I--INTERNET PRIVACY PROTECTION FOR CHILDREN
SEC. 101. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
CONNECTION WITH THE COLLECTION AND USE OF PERSONAL
INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET.
(a) Regulations.--
(1) In general.--It shall be unlawful for any operator of a
website or online service that is directed to children, or any
operator that has actual knowledge that it is collecting
personal information from a child, to collect personal
information from a child under the age of 13 in violation of
the regulations prescribed under paragraph (2).
(2) Contents.--Not later than one year after the date of
enactment of this Act, the Commission shall prescribe
regulations to prevent the improper collection of information
from children under the age of 13. Such regulations shall--
(A) require that any website or online service that
is directed to children that collects personal
information from children--
(i) provide clear, prominent,
understandable notice of the information
collection, use, and disclosure practices of
the operator through the website or online
service;
(ii) obtain verifiable parental consent for
the collection, use, or disclosure of personal
information from children who are under the age
of 13; and
(iii) provide a parent--
(I) access to the personal
information of the child of that parent
collected by that website or online
service; and
(II) the opportunity to refuse to
permit any further use or future
collection of personal information
referred to in subclause (I) and notice
of that opportunity; and
(B) require that the operator of the website or
online service concerned to establish and maintain
reasonable procedures to ensure the confidentiality,
security, accuracy, and integrity of personal
information collected from children through the website
or online service.
(b) Enforcement.--
(1) Treatment of regulations.--A regulation prescribed
under subsection (a) shall be treated as a rule defining an
unfair or deceptive act or practice under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Enforcement.--Subject to section 103, a violation of a
regulation prescribed under subsection (a) 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.
SEC. 102. SAFE HARBORS.
(a) In General.--In prescribing regulations under section 101, the
Federal Trade Commission shall provide incentives for efforts of self-
regulation by commercial website operators to implement the protections
described in subsection (a) of that section.
(b) Safe Harbors.--The incentives referred to in subsection (a)
shall include provisions for ensuring that a person will be deemed to
be in compliance with the requirements of the regulations under section
101 if that person applies guidelines that--
(1) are issued by appropriate representatives of the
computer industry; and
(2) are approved by the Federal Trade Commission upon
making a determination that the guidelines meet the
requirements of the regulations issued under section 101.
SEC. 103. ADMINISTRATION AND APPLICABILITY OF ACT.
(a) In General.--Except as otherwise provided, this title shall be
enforced by the Federal Trade Commission under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(b) Provisions.--Compliance with the requirements imposed under
this title shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and
Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under
section 25 or 25(a) of the Federal Reserve Act (12
U.S.C. 601 et seq. and 611 et seq.), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.),
by the National Credit Union Administration Board with respect
to any Federal credit union;
(4) part A of subtitle VII of title 49, by the Secretary of
Transportation with respect to any air carrier or foreign air
carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.) (except as provided in section 406 of that Act (7 U.S.C.
226, 227)), by the Secretary of Agriculture with respect to any
activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by
the Farm Credit Administration with respect to any Federal land
bank, Federal land bank association, Federal intermediate
credit bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the exercise by
any agency referred to in subsection (b) of its powers under any Act
referred to in that subsection, a violation of any requirement imposed
under this title shall be deemed to be a violation of a requirement
imposed under that Act. In addition to its powers under any provision
of law specifically referred to in subsection (a), each of the agencies
referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this title, any
other authority conferred on it by law.
(d) Actions by the Commission.--The Federal Trade Commission shall
prevent any person from violating a rule of the Federal Trade
Commission under section 101 in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41
et seq.) were incorporated into and made a part of this title. Any
entity that violates such rule shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and with the same
jurisdiction, power, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act were incorporated into
and made a part of this title.
(e) Effect on Other Laws.--Nothing contained in the Act shall be
construed to limit the authority of the Federal Trade Commission under
any other provisions of law.
SEC. 104. REVIEW.
(a) In General.--Not later than 5 years after the effective date of
the regulations initially issued under section 101, the Federal Trade
Commission shall--
(1) review the implementation of this title, including the
effect of the implementation of this title on practices
relating to the disclosure of information relating to children;
and
(2) prepare and submit to Congress a report the results of
the review under paragraph (1).
SEC. 105. DEFINITIONS.
In this title:
(1) Child.--The terms ``child'' and ``children'' means an
individual or individuals, respectively, under the age of 16.
(2) Operator.--The term ``operator'' means any person
operating a website on the World Wide Webs for commercial
purposes, or operating any online service, and includes any
person offering products or services for sale though that
website or online service, involving commerce--
(A) among the several States or with 1 or more
foreign nations;
(B) in any territory of the United States or in the
District of Columbia, or between any such territory--
(i) and another such territory; or
(ii) and any State or foreign nation; or
(C) between the District of Columbia and any State,
territory, or foreign nation.
Such term does not include any non-profit entity that would
otherwise be exempt from coverage under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45).
(3) Disclosure.--The term ``disclosure'' means, with
respect to personal information--
(A) the release of information in identifiable form
by a person to any other person for any purpose; or
(B) making publicly available information in
identifiable form by any means including by a public
posting, through the use of a computer on or through--
(i) a home page of a website;
(ii) a pen pal service;
(iii) an electronic mail service;
(iv) a message board; or
(v) a chat room.
(4) Parent.--The term ``parent'' means a legal guardian,
including a biological or adoptive parent.
(5) Personal information.--The term ``personal
information'' means individually, identifiable information
about an individual, including--
(A) a first and last name;
(B) a home or other physical address;
(C) an e-mail address;
(D) a telephone number;
(E) a Social Security number; or
(F) any other information that would facilitate or
enable the physical or online locating and contacting
of a specific individual, including information that is
associated with an identifier described in this
paragraph in such manner as to become identifiable to a
specific individual.
(6) Verifiable parental consent.--The term ``verifiable
parental consent'' means any reasonable effort (taking into
consideration available technology) to ensure that a parent of
a child authorizes the disclosure of personal information and
subsequent use of that information before that information is
collected from that child.
(7) Website directed to children.--The term ``website
directed to children''--
(A) means a commercial website that is--
(i) targeted to children;
(ii) directed to children by reason of the
subject matter, visual content, age of models,
language, characters, tone, message, or any
other similar characteristic of the website; or
(iii) used by a commercial website operator
to knowingly collect information from children;
and
(B) includes any commercial website any portion of
which is directed to children, as specified in
subparagraph (A).
TITLE II--EXAMINATIONS OF INTERNET PRIVACY PROTECTIONS FOR ADULTS
SEC. 201. FEDERAL TRADE COMMISSION EXAMINATION.
(a) Proceeding Required.--Within 6 months after the date of
enactment of this Act, the Federal Trade Commission shall commence a
proceeding--
(1) to determine whether consumers are able, and, if not,
the methods by which consumers may be enabled--
(A) to have knowledge that consumer information is
being collected about them through their utilization of
various telecommunications services and systems;
(B) to receive conspicuous notice that such
information could be used, or is intended to be used,
without authorization by the entity collecting the data
for reasons unrelated to the original communications,
or that such information could be sold (or is intended
to be sold) to other companies or entities;
(C) to give notice to indicate the particular
privacy preferences of the consumer with respect to the
practices described in subparagraphs (A) and (B);
(D) to exercise control over the collection of
personal information and to stop the unauthorized use,
reuse, disclosure, or sale of that information;
(2) to solicit and review comment from the public and the
National Telecommunication and Information Administration on
the changes proposed pursuant to paragraph (3); and
(3) to prepare recommendations to the Congress for any
legislative changes required to correct such defects.
(b) Schedule for Federal Trade Commission Responses.--The Federal
Trade Commission shall, within 1 year after the date of enactment of
this Act--
(1) complete any rulemaking required to revise Commission
regulations to correct any defects in such regulations
identified pursuant to subsection (a); and
(2) submit to Congress a report containing the
recommendations required by subsection (a)(5).
SEC. 202. FEDERAL COMMUNICATIONS COMMISSION EXAMINATION.
(a) Proceeding Required.--Within 6 months after the date of
enactment of this Act, the Federal Communications Commission shall
commence a proceeding--
(1) to examine the impact of interconnected communications
networks of telephone, cable, satellite, wireless devices, and
other technologies on the privacy rights and remedies of the
consumers of those technologies, as described in paragraphs (1)
and (2) of section 101(a);
(2) to determine whether consumers are able, and, if not,
the methods by which consumers may be enabled to exercise such
rights and remedies;
(3) to determine whether common carriers have taken
adequate steps to secure the communications infrastructure and
its components against unauthorized interception of
communications and other personal information;
(4) to propose changes in the Commission's regulations to
ensure that the effect on consumer privacy rights is considered
in the introduction of new telecommunications services and that
the protection of such privacy rights and network security is
incorporated as necessary in the design of such services or the
rules regulating such services;
(5) to propose changes in the Commission's regulations as
necessary to correct any defects identified pursuant to this
section in such rights, remedies, and security;
(6) to solicit and review comment from the public and the
National Telecommunication and Information Administration on
the changes proposed pursuant to paragraph (5); and
(7) to prepare recommendations to the Congress for any
legislative changes required to correct such defects.
(b) Schedule for Federal Communications Commission Responses.--The
Federal Communications Commission shall, within 1 year after the date
of enactment of this Act--
(1) complete any rulemaking required to revise Commission
regulations to correct defects in such regulations identified
pursuant to subsection (a); and
(2) submit to the Congress a report containing the
recommendations required by subsection (a)(6). | TABLE OF CONTENTS:
Title I: Internet Privacy Protection for Children
Title II: Examinations of Internet Privacy Protections for
Adults
Electronic Privacy Bill of Rights Act of 1998 -
Title I: Internet Privacy Protection for Children
- Makes it unlawful for any operator of a website or online service directed to children to collect personal information from a child under 13 in violation of mandated regulations. Treats violations as unfair or deceptive acts or practices under the Federal Trade Commission Act.
(Sec. 102) Requires that the regulations provide incentives for self-regulation, including deeming compliance if a person applies guidelines issued by computer industry representatives and approved by the Federal Trade Commission.
Title II: Examinations of Internet Privacy Protections for Adults
- Directs the Commission to report to the Congress and make related rule changes regarding: (1) whether consumers are able and, if not, how consumers may be enabled, to know that information is being collected about them through their use of telecommunications systems and to exercise control over the collection, use, reuse, disclosure, or sale of the information; (2) the impact of interconnected communications technologies on consumer privacy rights and remedies. | {"src": "billsum_train", "title": "Electronic Privacy Bill of Rights Act of 1998"} | 3,174 | 250 | 0.582244 | 1.738249 | 0.811165 | 3.103004 | 12.72103 | 0.888412 |
S.
(a) Emergencies.--Title III of the Congressional Budget Act of 1974
is further amended by adding at the end the following new section:
``emergencies
``Sec. 317. (a) Adjustments.--
``(1) In general.--After the reporting of a bill or joint
resolution or the submission of a conference report thereon
that provides budget authority for any emergency as identified
pursuant to subsection (d)--
``(A) the chairman of the Committee on the Budget
of the House of Representatives or the Senate shall
determine and certify, pursuant to the guidelines
referred to in section 504 of the SAFE Budget Process
Reform Act of 2007, the portion (if any) of the amount
so specified that is for an emergency within the
meaning of section 3(12); and
``(B) such chairman shall make the adjustment set
forth in paragraph (2) for the amount of new budget
authority (or outlays) in that measure and the outlays
flowing from that budget authority.
``(2) Matters to be adjusted.--The adjustments referred to
in paragraph (1) are to be made to the allocations made
pursuant to the appropriate concurrent resolution on the budget
pursuant to section 302(a) and shall be in an amount not to
exceed the amount reserved for emergencies pursuant to the
requirements of subsection (b).
``(b) Reserve Fund for Emergencies.--
``(1) Amounts.--The amount set forth in the reserve fund
for emergencies for budget authority and outlays for a fiscal
year pursuant to section 301(a)(4) shall equal--
``(A) the average of the enacted levels of budget
authority for emergencies in the 5 fiscal years
preceding the current year; and
``(B) the average of the levels of outlays for
emergencies in the 5 fiscal years preceding the current
year flowing from the budget authority referred to in
subparagraph (A), but only in the fiscal year for which
such budget authority first becomes available for
obligation.
``(2) Average levels.--For purposes of paragraph (1), the
amount used for a fiscal year to calculate the average of the
enacted levels when one or more of such 5 preceding fiscal
years is any of fiscal years 2002 through 2006 is as follows:
the amount of enacted levels of budget authority and the amount
of new outlays flowing therefrom for emergencies, but only in
the fiscal year for which such budget authority first becomes
available for obligation for each of such 5 fiscal years, which
shall be determined by the Committees on the Budget of the
Senate and the House of Representatives after receipt of a
report on such matter transmitted to such committees by the
Director of the Congressional Budget Office 6 months after the
date of enactment of this section and thereafter in February of
each calendar year.
``(3) Special rule for overseas contingency operations.--
``(A) In general.--This paragraph shall apply in
lieu of paragraph (1) in the case of a bill or joint
resolution reported by the Committee on Appropriations
that provides budget authority for any emergency that
is a threat to national security and the funding of
which carries out a military operation authorized by a
declaration of war or a joint resolution authorizing
the use of military force (or economic assistance
funding in furtherance of such operation).
``(B) Amounts.--The amount set forth in the reserve
fund for operations described in subparagraph (A) for
budget authority and outlays for a fiscal year pursuant
to section 301(a)(4) shall equal the amount requested
for such operations by the budget submission required
by section 1105 of title 31 for that fiscal year.
``(c) Emergencies in Excess of Amounts in Reserve Fund.--
``(1) In general.--A bill or joint resolution reported by
the Committee on Appropriations or any other committee that
provides budget authority for any emergency and is accompanied
by a report, pursuant to subsection (d), that identifies any
provision that increases outlays or provides budget authority
(and the outlays flowing therefrom) for such emergency shall be
subject to paragraph (2) if the enactment of the bill or joint
resolution which would cause--
``(A) in the case of the Committee on
Appropriations, the total amount of budget authority or
outlays provided for emergencies for the budget year in
the concurrent resolution on the budget (pursuant to
section 301(a)(4)) to be exceeded; or
``(B) in the case of any other committee, the total
amount of budget authority or outlays provided for
emergencies for the budget year or the total of the
fiscal years in the concurrent resolution on the budget
(pursuant to section 301(a)(4)) to be exceeded.
``(2) Conditions.--The conditions referred to in paragraph
(1) are as follows:
``(A) Such bill or joint resolution shall be
referred to the Committee on the Budget of the House or
the Senate, as the case may be, with instructions to
report it without amendment, other than that specified
in subparagraph (B), within 5 legislative days of the
day in which it is reported from the originating
committee. If the Committee on the Budget of either
House fails to report a bill or joint resolution
referred to it under this subparagraph within such 5-
day period, the committee shall be automatically
discharged from further consideration of such bill or
joint resolution and such bill or joint resolution
shall be placed on the appropriate calendar.
``(B) An amendment to such a bill or joint
resolution referred to in this subsection shall only
consist of an exemption from section 251 or 252 (as
applicable) of the Balanced Budget and Emergency
Deficit Control Act of 1985 of all or any part of the
provisions that provide budget authority (and the
outlays flowing therefrom) for such emergency if the
committee determines, pursuant to the guidelines
referred to in section 504 of the SAFE Budget Process
Reform Act of 2007, that such budget authority is for
an emergency within the meaning of section 3(12).
``(C) If such a bill or joint resolution is
reported with an amendment specified in subparagraph
(B) by the Committee on the Budget of the Senate or the
House of Representatives, then the budget authority and
resulting outlays that are the subject of such
amendment shall not be included in any determinations
under section 302(f) or 311(a) for any bill, joint
resolution, amendment, motion, or conference report.
``(d) Committee Notification of Emergency Legislation.--Whenever
the Committee on Appropriations or any other committee of either House
(including a committee of conference) reports any bill or joint
resolution that provides budget authority for any emergency, the report
accompanying that bill or joint resolution (or the joint explanatory
statement of managers in the case of a conference report on any such
bill or joint resolution) shall identify all provisions that provide
budget authority and the outlays flowing therefrom for such emergency
and include a statement of the reasons why such budget authority meets
the definition of an emergency pursuant to the guidelines referred to
in section 504 of the SAFE Budget Process Reform Act of 2007.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 316 the
following new item:
``Sec. 317. Emergencies.''.
SEC. 507. APPLICATION OF SECTION 306 TO EMERGENCIES IN EXCESS OF
AMOUNTS IN RESERVE FUND.
Section 306 of the Congressional Budget Act of 1974 is amended by
inserting at the end the following new sentence: ``No amendment
reported by the Committee on the Budget (or from the consideration of
which such committee has been discharged) pursuant to section 317(c)
may be amended.''.
SEC. 508. UP-TO-DATE TABULATIONS.
Section 308(b)(2) of the Congressional Budget Act of 1974 is
amended by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``; and'', and
by adding at the end the following new subparagraph:
``(D) shall include an up-to-date tabulation of
amounts remaining in the reserve fund for
emergencies.''.
SEC. 509. PROHIBITION ON AMENDMENTS TO EMERGENCY RESERVE FUND.
(a) Point of Order.--Section 305 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(e) Point of Order Regarding Emergency Reserve Fund.--It shall
not be in order in the Senate or in the House of Representatives to
consider an amendment to a concurrent resolution on the budget which
changes the amount of budget authority and outlays set forth in section
301(a)(4) for emergency reserve fund.''.
(b) Technical Amendment.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``305(e),''
after ``305(c)(4),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``305(e),'' after ``305(c)(4),''.
SEC. 510. EFFECTIVE DATE.
The amendments made by this title shall apply to fiscal year 2008
and subsequent fiscal years, but such amendments shall take effect only
after the enactment of legislation changing or extending for any fiscal
year the discretionary spending limits set forth in section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985 or
legislation reducing the amount of any sequestration under section 252
of such Act by the amount of any reserve for any emergencies. | Securing America's Future Economy Budget Process Reform Act, or SAFE Budget Process Reform Act - Amends the Congressional Budget Act of 1974 (CBA) to require adoption of a joint resolution by the House and Senate to extend discretionary spending caps in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Amends the Gramm-Rudman-Hollings Act to extend Pay-As-You-Go requirements, and certain deficit control rules.
Makes it out of order in the Senate to consider direct spending or revenue legislation that would cause a deficit or increase the deficit for any one of three applicable time periods.
Amends CBA to require the Congressional Budget Office (CBO) to prepare an estimate for legislation reported from committee (except measures within the jurisdiction of the Committee on Appropriations) or placed on the Senate Legislative Calendar, including related amendments or conference reports, on whether the measure would cause a net increase in direct spending in excess of $5 billion in any of the five 10-year periods beginning with the budget year.
Federal Insurance Budgeting Act of 2005 - Requires that, starting FY2012, the President's budget submission to Congress be based upon the risk-assumed cost of federal insurance programs for accrual budgeting purposes. Amends cost requirements of federal insurance programs.
Requires agencies responsible for federal insurance programs to develop models to estimate their risk-assumed cost by year.
Amends CBA to revise the federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year.
Establishes the Commission on Federal Budget Concepts.
Repeals Gramm-Rudman-Hollings Act requirements for emergency adjustments to spending legislation.
Amends CBA to prescribe requirements for such adjustments, including a reserve fund for emergencies. | {"src": "billsum_train", "title": "A bill to secure America's future economy through reform of the Federal budget process."} | 2,165 | 441 | 0.49591 | 1.412823 | 0.658058 | 1.412256 | 5.493036 | 0.665738 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fundamentally Improving Salmon
Habitat Act'' or the ``FISH Act''.
SEC. 2. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION,
OREGON AND WASHINGTON.
Section 536 of the Water Resources Development Act of 2000 (114
Stat. 2661) is amended as follows:
(1) By amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall, for the lower Columbia
River and Tillamook Bay estuaries, Oregon and Washington--
``(1) conduct ecosystem restoration projects with total
costs of $2,000,000 or greater per project, and studies
relating to such projects; and
``(2) in accordance with an allocation plan submitted under
subsection (h)(1), provide grants for ecosystem restoration
projects with total costs of less than $2,000,000 per project--
``(A) in the case of projects for the lower
Columbia River estuary, except as provided in
subparagraph (B), to the Lower Columbia Estuary
Partnership;
``(B) in the case of projects for the lower
Columbia River mainstem tributaries in Washington, to
the Lower Columbia Fish Recovery Board; and
``(C) in the case of projects for the Tillamook Bay
estuary, to the Tillamook Estuaries Partnership.''.
(2) In subsection (b)--
(A) by amending paragraph (1)(A) to read as
follows:
``(A) In general.--In carrying out, or providing
grants for, ecosystem restoration projects for the
lower Columbia River estuary under this section, the
Secretary shall use as a guide, or ensure such use of--
``(i) the comprehensive conservation and
management plan developed by the Lower Columbia
Estuary Partnership under section 320 of the
Federal Water Pollution Control Act (33 U.S.C.
1330); and
``(ii) except in the case of projects for
the lower Columbia River mainstem tributaries,
the lower Columbia River recovery plans
developed under, and the Columbia River estuary
recovery plan module developed pursuant to,
section 4 of the Endangered Species Act (16
U.S.C. 1533).'';
(B) in paragraph (1)(B)--
(i) by striking ``The Secretary'' and
inserting the following:
``(i) Large projects.--The Secretary'';
(ii) by striking ``and the Forest Service''
and inserting ``the Forest Service, the Lower
Columbia Estuary Partnership, and, as
applicable, the Lower Columbia Fish Recovery
Board''; and
(iii) by adding at the end the following:
``(ii) Small projects.--The Secretary shall
ensure that ecosystem restoration projects for
the lower Columbia River estuary carried out by
the Lower Columbia Estuary Partnership or the
Lower Columbia Fish Recovery Board using grants
provided under this section are carried out in
consultation with the Governors of the States
of Oregon and Washington, as applicable, and
the heads of appropriate Indian tribes, the
Environmental Protection Agency, the United
States Fish and Wildlife Service, the National
Marine Fisheries Service, and the Forest
Service.'';
(C) by amending paragraph (2)(A) to read as
follows:
``(A) In general.--In carrying out, or providing
grants for, ecosystem restoration projects for the
Tillamook Bay estuary under this section, the Secretary
shall use as a guide, or ensure such use of, the
comprehensive conservation and management plan
developed by the Tillamook Estuaries Partnership under
section 320 of the Federal Water Pollution Control Act
(33 U.S.C. 1330).''; and
(D) in paragraph (2)(B)--
(i) by striking ``The Secretary'' and
inserting the following:
``(i) Large projects.--The Secretary'';
(ii) by striking ``and the Forest Service''
and inserting ``the Forest Service, and the
Tillamook Estuaries Partnership''; and
(iii) by adding at the end the following:
``(ii) Small projects.--The Secretary shall
ensure that ecosystem restoration projects for
the Tillamook Bay estuary carried out by the
Tillamook Estuaries Partnership using grants
provided under this section are carried out in
consultation with the Governor of the State of
Oregon and the heads of appropriate Indian
tribes, the Environmental Protection Agency,
the United States Fish and Wildlife Service,
the National Marine Fisheries Service, and the
Forest Service.''.
(3) In subsection (c)--
(A) in paragraph (1)--
(i) by striking ``In carrying out'' and
inserting the following:
``(A) Large projects.--In carrying out''; and
(ii) by adding at the end the following:
``(B) Small projects.--In providing grants to carry
out ecosystem restoration projects under this section,
the Secretary shall provide funding and technical
assistance to each lead entity for activities necessary
to protect, monitor, and restore fish and wildlife
habitat.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, or provide grants for,''
after ``carry out'';
(ii) in subparagraph (A)--
(I) by inserting ``fish and
wildlife habitat,'' before
``navigation''; and
(II) by striking ``; or'' and
inserting a semicolon;
(iii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iv) by adding at the end the following:
``(C) drinking water.''; and
(C) by adding at the end the following:
``(3) Easements.--A project carried out, or for which a
grant is provided, under this section may be carried out on
private property through the use of an easement.''.
(4) By amending subsection (d) to read as follows:
``(d) Priority.--In determining the priority of projects to be
carried out under this section--
``(1) for projects carried out by the Secretary, the
Secretary shall consult with the applicable lead entities, and
shall consider the recommendations of such entities; and
``(2) the lead entities shall follow priorities set in the
comprehensive conservation and management plans and the
recovery plans and module described in subsection (b), as
applicable.''.
(5) In subsection (e)--
(A) in paragraph (2)(A)--
(i) by striking ``Non-Federal interests''
and inserting the following:
``(i) Large projects.--Non-Federal
interests'';
(ii) by inserting ``by the Secretary''
after ``carried out''; and
(iii) by adding at the end the following:
``(ii) Small projects.--The Federal share
of the cost of any project carried out using
funds from a grant provided to a lead entity
under this section--
``(I) shall not exceed 75 percent
of the total cost of the project; and
``(II) shall be made on condition
that the non-Federal share of that
total cost shall be provided from non-
Federal sources.''; and
(B) in paragraphs (3) and (4), by inserting ``by
the Secretary, or using funds provided,'' after
``carried out'' each place it appears.
(6) By redesignating subsections (f) and (g) as subsections
(g) and (h), respectively, and inserting after subsection (e)
the following:
``(f) Annual Allocations.--
``(1) Allocation plans.--For each fiscal year, the lead
entities shall jointly submit to the Secretary a plan to
allocate among the lead entities funding available for the
fiscal year under subsection (h)(2)(B).
``(2) Reports.--Each lead entity shall report annually to
the Secretary on the use of funds provided to the entity by a
grant under this section.''.
(7) In subsection (g) (as redesignated by paragraph (6))--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (4), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Lead entity.--The term `lead entity' means the Lower
Columbia Estuary Partnership, the Tillamook Estuaries
Partnership, or the Lower Columbia Fish Recovery Board.''; and
(C) by inserting after paragraph (2) (as so
redesignated) the following:
``(3) Lower columbia river mainstem tributaries.--The term
`lower Columbia River mainstem tributaries' means those
mainstem tributaries, exclusive of sub-tributaries, of the
Columbia River west of Bonneville Dam.''.
(8) In subsection (h) (as redesignated by paragraph (6))--
(A) by striking ``There is authorized'' and
inserting the following:
``(1) In general.--There is authorized''; and
(B) by adding at the end the following:
``(2) Project funding ratio.--Of the funds appropriated
under this subsection for each fiscal year, beginning on the
date of enactment of this paragraph, the Secretary shall use--
``(A) 75 percent for activities described in
subsection (a)(1); and
``(B) 25 percent for activities described in
subsection (a)(2).''. | Fundamentally Improving Salmon Habitat Act or the FISH Act - Amends the Water Resources Development Act of 2000 to revise requirements for studies and ecosystem restoration projects for the lower Columbia River and Tillamook Bay estuaries, Oregon and Washington. Directs the Secretary of the Interior to: (1) conduct studies and ecosystem restoration projects with total costs of $2 million or greater per project (designated as "large projects"); and (2) provide grants to the Lower Columbia Estuary Partnership, the Lower Columbia Fish Recovery Board, and the Tillamook Estuaries Partnership to conduct projects with total costs of less than $2 million per project ("small projects"). Revises and adds requirements relating to administration of such projects, including the provision of technical assistance to entities carrying out small projects, the determination of priority for large and small projects, and the allocation of funding for small projects. | {"src": "billsum_train", "title": "FISH Act"} | 2,167 | 196 | 0.702047 | 1.951812 | 0.754404 | 2.763636 | 11.909091 | 0.860606 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amend Misinterpreted Excessive
Regulation In Corporate America Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The stated intent of the Sarbanes-Oxley Act of 2002 was
to restore confidence and integrity in our nation's financial
markets through increased transparency and accountability.
(2) The regulatory interpretation of section 404 of that
Act has led to many unintended consequences, such as--
(A) diverting valuable resources away from other
legitimate business needs;
(B) creating massive and tedious documentation
requirements; and
(C) discouraging the public listing of both
international and domestic companies on United States
markets.
(3) Nine out of ten complaints about the Sarbanes-Oxley Act
of 2002 are related to section 404.
(4) Ninety percent of international small companies have
listed in international markets and not in the United States
markets.
(5) The out-of-pocket costs have been $4 million to $6
million per accelerated filer, more than 50 times original
Securities and Exchange Commission estimates.
(6) Total economic costs including opportunity costs and
social implications are up to $1.4 trillion.
SEC. 3. CREATION OF OMBUDSMAN FOR THE PCAOB.
Title I of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211 et seq.)
is amended by adding at the end the following new section:
``SEC. 110. OMBUDSMAN.
``(a) Establishment Required.--Not later than 180 days after the
date of enactment of the Amend Misinterpreted Excessive Regulation In
Corporate America Act, the Board shall appoint an ombudsman for the
Board. The Ombudsman shall report directly to the Chairman.
``(b) Duties of Ombudsman.--The ombudsman appointed in accordance
with subsection (a) for the Board shall--
``(1) act as a liaison between the Board and--
``(A) any registered public accounting firm or
issuer with respect to issues or disputes concerning
the preparation or issuance of any audit report with
respect to that issuer; and
``(B) any affected registered public accounting
firm or issuer with respect to--
``(i) any problem such firm or issuer may
have in dealing with the Board resulting from
the regulatory activities of the Board,
particularly with regard to the implementation
of section 404; and
``(ii) issues caused by the relationships
of registered public accounting firms and
issuers generally; and
``(2) assure that safeguards exist to encourage
complainants to come forward and to preserve confidentiality;
and
``(3) carry out such activities, and any other activities
assigned by the Board, in accordance with guidelines prescribed
by the Board.''.
SEC. 4. REORGANIZATION OF THE BOARD OF THE PCAOB.
(a) Appointment to the Board.--
(1) Amendment.--Subparagraph (A) of section 101(e)(4) of
the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(e)(4)(B)) is
amended to read as follows:
``(A) Presidential appointment.--The members of the
Board shall be appointed by the President, by and with
the advice and consent of the Senate.''.
(2) Transition.--The members of the Public Company
Accounting Oversight Board serving on the date of enactment of
this Act may continue to serve until a successor is appointed
pursuant to the amendment made by paragraph (1) of this
subsection. The term of office of any such successor shall
expire at the time of the expiration of the term of his or her
predecessor, as designated by the President at the time of the
appointment.
(3) Compensation.--Section 5312 of title 5, United States
Code, is amended by adding at the end the following:
``Chairman and Members, Public Company Accounting Oversight
Board.''.
(4) Conforming amendments.--
(A) Sections 101(e) of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7211(e)) is amended by striking
paragraph (6).
(B) Section 107(d) of such Act (15 U.S.C. 7217(d))
is amended by striking paragraph (3).
(b) Funding.--Section 109(f) of such Act is amended by adding at
the end the following new sentence: ``The Congress reserves the
authority to establish annual or other periodic limits upon the amount
of fees which may be collected under this section on behalf of the
Board.''.
SEC. 5. REDUCTIONS OF INTERNAL CONTROL IMPLEMENTATION COSTS.
(a) Revisions Required.--Not later than December 31, 2007--
(1) the Securities and Exchange Commission shall adopt
revisions to its rules under section 404(a) of the Sarbanes-
Oxley Act of 2002 (15 U.S.C. 7211(a)) relating to management's
assessment of an issuer's internal control structure and
procedures; and
(2) the Public Company Accounting Oversight Board shall
adopt revisions to its standards under section 404(b) of such
Act for auditor attestation to and reporting on such management
assessment.
(b) Cost of Implementation Reduction.--In adopting the revisions
required by subsection (a), the Commission and the Board shall reduce
the costs of the implementation of section 404, consistent with the
intention of the Congress that such section not increase significantly
the cost of the annual audits of financial statements under section
13(a) and 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)).
(c) Risk-Based Implementation.--In adopting the revisions required
by subsection (a), the Commission shall adopt a more risk-based
statement on internal control reporting that focuses internal control
review on financial controls having significant risk of failing to
prevent financial damages that would be material to the financial
statements of the issuer.
SEC. 6. SEPARATE ENGAGEMENTS FOR INTERNAL CONTROL EVALUATIONS.
Section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7262(b)) is amended--
(1) by inserting before the period at the end of the first
sentence the following: ``, or the issuer shall separately
engage a different registered public accounting firm which
shall attest to and report on such assessment''; and
(2) by striking the last sentence.
SEC. 7. PRIVATE RIGHTS OF ACTION.
Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following new subsection:
``(c) No Private Rights of Action.--No private right of action may
be brought against any registered public accounting firm in any Federal
or State court on the basis of a violation or alleged violation of the
requirements of this section or standards issued by the Board under or
for purposes of implementing this section.''. | Amend Misinterpreted Excessive Regulation In Corporate America Act - Amends the Sarbanes-Oxley Act of 2002 to direct the Public Company Accounting Oversight Board to appoint an ombudsman to act as a liaison between the Board and any registered public accounting firm or issuer regarding: (1) issues or disputes concerning the preparation or issuance of any audit report with respect to that issuer; and (2) problems resulting from Board regulatory activities, particularly implementation of management assessment of internal controls.
Revises requirements governing appointment of Board members. Provides for Presidential appointment of Board members, by and with the advice and consent of the Senate.
Declares that Congress reserves the authority to establish periodic limits upon the amount of fees which may be collected on behalf of the Board.
Instructs the Securities and Exchange Commission to: (1) adopt revisions to its rules regarding management's assessment of an issuer's internal control structure and procedures; and (2) adopt a more risk-based statement on internal control reporting that focuses internal control review on financial controls having significant risk of failing to prevent financial damages that would be material to the issuer's financial statements.
Instructs the Board to revise its standards for auditor attestation to and reporting on management's internal control assessment.
Revises the requirement that each registered public accounting firm that prepares or issues the audit report for an issuer attest to the internal control assessment made by the issuer's management. Allows an issuer, in the alternative, to engage separately a different registered public accounting firm to attest to such assessment. (Current law prohibits such separate attestation engagements.)
Prohibits any private right of action against a registered public accounting firm in any federal or state court on the basis of a violation or alleged violation of assessment requirements or standards issued by the Board for purposes of implementing the Sarbanes-Oxley Act of 2002. | {"src": "billsum_train", "title": "To reduce the unintended costs and burdens that the Sarbanes-Oxley Act of 2002 imposes on United States businesses, while maintaining that Act's goals of bolstering confidence in the integrity of publicly held companies."} | 1,585 | 417 | 0.574145 | 2.008794 | 0.911279 | 4.474432 | 3.923295 | 0.934659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Employee Wellness
Programs Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress has a strong tradition of protecting and
preserving employee workplace wellness programs, including
programs that utilize a health risk assessment, biometric
screening, or other resources to inform and empower employees
in making healthier lifestyle choices;
(2) health promotion and prevention programs are a means to
reduce the burden of chronic illness, improve health, and limit
the growth of health care costs;
(3) in enacting the Patient Protection and Affordable Care
Act (Public Law 111-148), Congress intended that employers
would be permitted to implement health promotion and prevention
programs that provide incentives, rewards, rebates, surcharges,
penalties, or other inducements related to wellness programs,
including rewards of up to 50 percent off of insurance premiums
for employees participating in programs designed to encourage
healthier lifestyle choices; and
(4) Congress has struck an appropriate balance among
employees, health care providers, and wellness plan sponsors to
protect individual privacy and confidentiality in a wellness
program which is designed to improve health outcomes.
SEC. 3. NONDISCRIMINATORY EMPLOYEE WELLNESS PROGRAMS.
(a) Offering of Program Rewards.--
(1) In general.--Notwithstanding any other provision of
law, workplace wellness programs, or programs of health
promotion or disease prevention offered by an employer or in
conjunction with an employer-sponsored health plan, described
in section 2705(j) of the Public Health Service Act (42 U.S.C.
300gg-4(j)), shall not violate the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) or title I or II of the
Genetic Information Nondiscrimination Act of 2008 (Public Law
110-233) because such program provides any amount or type of
reward (as provided for in section 2705(j)(3)(A) of the Public
Health Service Act (42 U.S.C. 300 gg-4(j)(3)(A))) to program
participants if such program complies with such section 2705(j)
(or any regulations promulgated with respect to such section by
the Secretary of Labor, the Secretary of Health and Human
Services, and the Secretary of the Treasury).
(2) Application of subsection.--With respect to workplace
wellness programs, or programs of health promotion or disease
prevention offered by an employer or in conjunction with an
employer-sponsored health plan, described in section
2705(j)(1)(B) or section 2705(j)(2) of the Public Health
Service Act (42 U.S.C. 300gg-4(j)(1)(B) or (j)(2)), this
subsection shall apply if the reward with respect to such
programs is less than or equal to the maximum reward amounts
provided for by section 2705(j)(3)(A) of such Act (42 U.S.C.
300gg-4(j)(3)(A)) (or any regulations promulgated with respect
to such section by the Secretary of Labor, the Secretary of
Health and Human Services, and the Secretary of the Treasury).
(b) Collection of Information.--Notwithstanding any other provision
of law, the collection of information about the manifested disease or
disorder of a family member shall not be considered an unlawful
acquisition of genetic information with respect to another family
member participating in workplace wellness programs, or programs of
health promotion or disease prevention offered by an employer or in
conjunction with an employer-sponsored health plan, described in
section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg-
4(j)), and shall not violate title I or title II of the Genetic
Information Nondiscrimination Act of 2008 (Public Law 110-233). For
purposes of the preceding sentence, the terms ``family members'' and
``manifestation'' shall have the meanings given such terms for purposes
of title I or II of the Genetic Information Nondiscrimination Act
(Public Law 110-233), or the amendments made by such titles, as
appropriate.
(c) Rules of Construction.--
(1) Relating to the ada.--Nothing in this Act shall be
construed to limit or otherwise restrict the application of
section 501(c)(2) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12201(c)(2)) to any programs or arrangements
described in this Act.
(2) Relating to employer deadlines.--Nothing in the
regulations referred to in subsection (a) shall be construed to
prevent an employer that is offering a wellness program to an
employee from establishing a deadline of up to 180 days for
employees to request and complete a reasonable alternative
standard (or waiver of the otherwise applicable standard). A
reasonable alternative standard (or waiver of the otherwise
applicable standard) is provided for in section 2705(j)(3)(D)
of the Public Health Service Act (42 U.S.C. 300 gg-4(j)(3)(D))
(or any regulations promulgated with respect to such section by
the Secretary of Labor, the Secretary of Health and Human
Services, and the Secretary of the Treasury).
SEC. 4. EFFECTIVE DATE.
This Act shall take effect as if enacted on March 23, 2010, and
shall apply to the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and the Genetic Information Nondiscrimination Act of
2008 (Public Law 110-233), including the amendments made by such Acts. | Preserving Employee Wellness Programs Act This bill declares that a workplace wellness program, by offering a reward to participants, does not violate the Americans with Disabilities Act of 1990 or title I or II of the Genetic Information Nondiscrimination Act of 2008 if the program complies with Public Health Service Act requirements. Collection of information about a family member's manifested disease or disorder is not considered an unlawful acquisition of genetic information with respect to another family member participating in a workplace wellness program. This bill takes effect as if enacted on March 23, 2010. | {"src": "billsum_train", "title": "Preserving Employee Wellness Programs Act"} | 1,222 | 124 | 0.547949 | 1.556065 | 0.677224 | 4.088235 | 10.254902 | 0.931373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Theodore Roosevelt Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Theodore Roosevelt, one of America's greatest
presidents, was born on October 27, 1858, in New York City, New
York.
(2) At the young age of 23, Theodore Roosevelt was elected
to the first of 3 terms as a representative in the New York
State Assembly (1882-1884).
(3) From 1895-1897, Theodore Roosevelt served as
Commissioner of the New York City Police Department.
(4) While serving as Assistant Secretary of the Navy under
President William McKinley (1897-1898), Theodore Roosevelt
organized the First United States Volunteer Cavalry Regiment,
popularly known as the ``Rough Riders'', and then served as
Colonel of this regiment during the Spanish-American War.
(5) From 1898-1900, Theodore Roosevelt served as Governor
of New York.
(6) In 1900, with the election of President McKinley,
Theodore Roosevelt was elected as the 25th Vice-President of
the United States.
(7) Becoming the 26th President of the United States the
following year, Theodore Roosevelt took a very active role in
foreign affairs, establishing the United States as a new world
power, and instituted broad reforms, at home, particularly with
respect to labor, monopolies, and conservation, until the end
of his presidency in 1909.
(8) On January 16, 2001, Theodore Roosevelt was
posthumously awarded the Congressional Medal of Honor for
leading a charge up the San Juan Heights in Cuba during the
Spanish-American War, shortly before the war ended, thereby
becoming the first President of the United States to be awarded
the Congressional Medal of Honor.
(9) 2006 will mark the 100th anniversary of Theodore
Roosevelt receiving the Nobel Peace Prize, the first citizen of
the United States to receive such prize, for drawing up the
1905 peace treaty ending the Russo-Japanese War.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter 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 a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, each
of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) 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 section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
(d) Use of the United States Mint at West Point, New York.--It is
the sense of the Congress that the coins minted under this Act should
be struck at the United States Mint at West Point, New York, to the
greatest extent possible.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall--
(A) be emblematic of the life and legacy of
President Theodore Roosevelt; and
(B) use the designs of James Earle Fraser or
Augustus Saint-Gaudens, 2 sculptors most closely
associated with the revitalization of the United States
coinage, commonly referred to as the ``Golden Age of
American Coin Design'', that was initiated by President
Theodore Roosevelt.
(2) Obverse.--The obverse of the coins minted under this
Act shall bear the image of Theodore Roosevelt as a Rough Rider
that was used on the James Earle Fraser medal of 1920.
(3) Reverse.--The reverse of the coins minted under this
Act shall bear the eagle design, with motto, from the $20 gold
``double eagle'' coin produced between 1907 and 1933 and
designed by Augustus Saint-Gaudens.
(4) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2006''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be selected by the Secretary after consultation with the
Commission of Fine Arts.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2006, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(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) Surcharge Required.--All sales shall include a surcharge of $35
per coin for the $5 coins and $10 per coin for the $1 coins.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the Theodore Roosevelt Association to be used exclusively
for educational programs at Sagamore Hill National Historic Site,
operated by the National Park Service, including for the construction
and maintenance of a visitor's center.
(c) Audits.--The Theodore Roosevelt Association shall be subject to
the audit requirements of section 5134(f)(2) of title 31, United States
Code. | Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 coins and 500,000 $1 coins emblematic of the life and legacy of President Theodore Roosevelt. Requires the coins to be issued in 2006 to mark the 100th anniversary of Roosevelt receiving the Nobel Peace Prize. Requires surcharges from the sale of the coins to be paid to the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, including for construction and maintenance of a visitor's center. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt, and for other purposes."} | 1,591 | 126 | 0.428184 | 1.282606 | 0.560033 | 4.861386 | 13.90099 | 0.960396 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Biometric Exit Improvement Act of
2013''.
SEC. 2. BIOMETRIC EXIT DATA SYSTEM.
(a) Establishment.--The Secretary of Homeland Security shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an
implementation plan to establish a biometric exit data system
in accordance with section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), including--
(A) an estimate of the time needed to establish
such a system;
(B) an estimate of operational and maintenance
costs of such a system;
(C) staffing and personnel requirements of such a
system;
(D) an assessment of the training programs
necessary to establish such a system;
(E) an assessment of how such a system will affect
wait times; and
(F) information received after consultation with
private sector stakeholders;
(2) not later than two years after the date of the
enactment of this Act, establish a biometric exit data system
at--
(A) the ten United States airports that support the
highest volume of international air travel, as
determined by available Federal flight data; and
(B) the ten United States seaports that support the
highest volume of international sea travel, as
determined by available Federal travel data; and
(3) not later than three years after the date of the
enactment of this Act, submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report, in accordance with subsection (d), that analyzes the
effectiveness of the biometric exit data system referred to in
paragraph (1) at the ten international airports and ten
international seaports described in paragraph (2).
(b) Implementation.--
(1) Pilot program for non-pedestrian outbound traffic.--
(A) In general.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of
Homeland Security shall establish a six-month pilot
program to test the biometric exit data system referred
to in subsection (a)(2) on non-pedestrian outbound
traffic at not fewer than three land ports of entry
with significant cross-border traffic, including at not
fewer than two land ports of entry on the southern
border and at at least one land port of entry on the
northern border. Such pilot program may include a
consideration of more than one biometric mode, and
shall be implemented to determine the following:
(i) The feasibility of implementing
biometric exit data systems at land ports of
entry nationwide.
(ii) The infrastructure required to carry
out clause (i).
(iii) The effects of such pilot program on
legitimate travel and trade.
(iv) The effects of such pilot program on
wait times for such non-pedestrian traffic.
(B) GAO review.--Not later than 30 days after the
conclusion of the pilot program under subparagraph (A),
the Secretary of Homeland Security shall submit the
results of the determinations made pursuant to such
subparagraph to the Government Accountability Office
for review. Not later than 90 days after the Government
Accountability Office receives such results, the
Comptroller General of the United States shall submit
to the Secretary of Homeland Security and the Committee
on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs of the Senate a review of such results.
(C) Operation.--Not later than 90 days after
receiving the GAO review referred to in subparagraph
(B), the Secretary of Homeland Security shall, based on
such review and the results of the determinations under
subparagraph (A), submit to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate a plan to implement a biometric exit data
system at all land ports of entry for non-pedestrian
outbound traffic.
(2) At land ports of entry for pedestrians.--Not later than
three years after the date of the enactment of this Act, the
Secretary of Homeland Security shall expand the biometric exit
data system referred to in subsection (a)(2) to all land ports
of entry, and such system shall apply only in the case of
pedestrians.
(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this Act, the
Secretary of Homeland Security shall expand the biometric exit
data system referred to in subsection (a)(2) to all air and sea
ports of entry.
(c) Effects on Air, Sea, and Land Transportation.--The Secretary of
Homeland Security, in consultation with appropriate private sector
stakeholders, shall ensure that the collection of biometric data under
this section causes the least possible disruption to the movement of
passengers or cargo in air, sea, or land transportation.
(d) Determination.--In making the analysis required under
subsection (a)(3), the Secretary of Homeland Security shall consider
the effects of the collection of biometric data under this section on
wait time for air and sea travelers and any other significant
disruption to the movement of passengers or cargo in air or sea
transportation.
(e) Termination of Proceeding.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall, on the date of the
enactment of this Act, terminate the proceeding entitled ``Collection
of Alien Biometric Data Upon Exit From the United States at Air and Sea
Ports of Departure'', issued on April 24, 2008 (73 C.F.R. 22065; DHS
Docket No. 2008-0039).
(f) Scope.--The biometric exit data system established under this
section shall include a requirement for the collection of biometric
exit data for all categories of individuals who are required to provide
biometric entry data.
(g) Collection of Data.--The Secretary of Homeland Security may not
require any non-Federal person to collect biometric data pursuant to
the biometric exit data system established under this section, except
through a contractual agreement. | Biometric Exit Improvement Act of 2013 - Directs the Secretary of Homeland Security (DHS): (1) within 180 days, to submit an implementation plan to establish a biometric exit data system in accordance with the Intelligence Reform and Terrorism Prevention Act of 2004; (2) within 2 years, to establish such a system at the 10 U.S. airports and the 10 U.S. seaports that support the highest volume of international air and sea travel, respectively; and (3) within 3 years, to submit a report that analyzes the effectiveness of such system at such airports and seaports. Directs the Secretary: (1) within 18 months, to establish a 6-month pilot program to test such system on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic, including two on the southern border and one on the northern border; (2) after receiving a Government Accounting Office (GAO) review of such program, to submit a plan to implement such a system at all land ports of entry for non-pedestrian outbound traffic; (3) within 3 years, to expand the system to all land ports of entry to apply only to pedestrians; and (4) within 5 years, to expand the system to all air and sea ports of entry. Requires the Secretary: (1) to ensure that the collection of biometric data causes the least possible disruption to the movement of passengers or cargo in air, sea, or land transportation; and (2) upon this Act's enactment, to terminate the proceeding entitled "Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure," issued on April 24, 2008. | {"src": "billsum_train", "title": "Biometric Exit Improvement Act of 2013"} | 1,360 | 374 | 0.742285 | 2.321422 | 0.806705 | 4.276596 | 3.838906 | 0.927052 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Training
Responders for Accidents and Improving Notification Act'' or the
``TRAIN Act''.
(b) Findings.--Congress makes the following findings:
(1) Railroads move about 1,700,000 carloads of hazardous
materials annually, about 6 percent of total freight rail
traffic.
(2) While the vast majority of shipments arrive safely at
their destination, serious incidents involving these materials
have the potential to cause widespread disruption or injury.
(3) On January 6, 2005, northbound Norfolk Southern freight
train 192, while traveling 47 miles per hour through
Graniteville, South Carolina, encountered an improperly lined
switch that diverted the train from the main line onto an
industry track, where it struck the unoccupied, parked train
P22.
(4) The collision derailed two locomotives and 16 of the 42
freight cars of train 192, as well as the locomotive and one of
the two cars of train P22.
(5) Among the derailed cars from train 192 were 3 tank cars
containing chlorine, one of which was breached, releasing
chlorine gas.
(6) The train engineer and 8 other people died as a result
of chlorine gas inhalation. More than 500 people who suffered
from respiratory difficulties were taken to local hospitals. Of
these, 75 were admitted for treatment. Because of the chlorine
release, about 5,400 people within a 1-mile radius of the
derailment site were evacuated for several days. Total damages
exceeded $6,900,000.
(7) The National Transportation Safety Board determined
that the probable cause of the collision and derailment was the
failure of the crew of train 192 to return a main line switch
to the normal position after the crew completed work at an
industry track.
(8) Contributing to the failure was the absence of any
feature or mechanism that would have reminded crewmembers of
the switch position and thus would have prompted them to
complete this final critical task before departing the work
site.
(9) As a result of the accident investigation, the National
Transportation Safety Board made safety recommendations to the
Federal Railroad Administration.
(10) It is appropriate for the Federal Railroad
Administration to implement the National Transportation Safety
Board's recommendations, as improperly lined switches is the
leading cause of human factor-caused accidents.
SEC. 2. IMPLEMENTATION OF NTSB RECOMMENDATIONS.
Not later than 12 months after the date of enactment of this Act,
the Secretary of Transportation shall issue regulations that implement
the following recommendations contained in the National Transportation
Safety Board's railroad accident report entitled ``Collision of Norfolk
Southern Freight Train 192 With Standing Norfolk Southern Local Train
P22 With Subsequent Hazardous Materials Release at Graniteville, South
Carolina'', adopted November 29, 2005:
(1) Regulations that require, along mail lines in
nonsignaled territory, railroads to install an automatically
activated device, independent of the switch banner, that will,
visually or electronically, compellingly capture the attention
of employees involved with switch operations and clearly convey
the status of the switch both in daylight and in darkness.
(2) Regulations that require railroads, in nonsignaled
territory and in the absence of switch position indicator
lights or other automated systems that provide train crews with
advance notice of switch positions, to operate those trains at
speeds that will allow them to be safely stopped in advance of
misaligned switches.
(3) Regulations that require railroads to implement
operating measures, including positioning tank cars toward the
rear of trains and reducing speeds through populated areas, to
minimize impact forces from accidents and reduce the
vulnerability of tank cars transporting chlorine, anhydrous
ammonia, and other liquefied gases designated as poisonous by
inhalation.
(4) Regulations that require railroads to provide emergency
escape breathing apparatus for all crewmembers on freight
trains carrying hazardous materials, along with appropriate
training for such crewmembers on how to use the apparatus.
SEC. 3. EMERGENCY RESPONDER GRANTS.
(a) Amendment.--Part B of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 225--EMERGENCY RESPONDER GRANTS
``Sec.
``22501. Emergency responder grants.
``Sec. 22501. Emergency responder grants
``(a) Grants.--The Secretary of Transportation shall make grants to
fire departments for costs incurred in the conduct of activities to
respond to incidents involving the transportation of hazardous
materials by rail, including costs of--
``(1) airborne chemical detection equipment;
``(2) air hazard detection equipment;
``(3) chemical identification kits;
``(4) fire suppression and decontamination equipment;
``(5) hazardous material response vehicles;
``(6) patient extraction equipment;
``(7) personal protective gear;
``(8) radiological response equipment, such as detectors;
and
``(9) turnout gear and spare turnout gear.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $20,000,000 to carry out this section.
Amounts appropriated pursuant to this subsection shall remain available
until expended.''.
(b) Conforming Amendment.--The table of chapters for subtitle V of
title 49, United States Code, is amended by adding after the item
relating to chapter 223 the following new item:
``225. EMERGENCY RESPONDER GRANTS........................... 22501''.
SEC. 4. EMERGENCY RESPONDER TRAINING STANDARDS.
Section 5116(b)(1) of title 49, United States Code, is amended--
(1) by striking ``States and Indian tribes'' and inserting
``States, Indian tribes, and nonprofit public sector employee
organizations''; and
(2) by adding at the end the following: ``To the extent
that such grants are used to train emergency responders, such
training shall ensure that emergency responders have the
ability to protect nearby persons, property, and the
environment from the effects of accidents or incidents
involving the transportation of hazardous material, in
accordance with existing regulations.''.
SEC. 5. INFORMATION ON HAZARDOUS MATERIALS SHIPPED.
Not later than 3 months after the date of enactment of this Act,
the Secretary of Transportation shall issue final rules requiring
railroads to inform local communities through which they transport
hazardous materials of the types of hazardous materials most frequently
shipped through those communities on an annual basis to help assist
those communities in their emergency management planning.
SEC. 6. REPORTS.
(a) Reports by the Inspector General.--Not later than 30 days after
the date of enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Secretary of
Transportation and the Administrator of the Federal Railroad
Administration a report containing the following:
(1) A list of each statutory mandate regarding railroad
safety that has not been implemented.
(2) A list of each open safety recommendation made by the
National Transportation Safety Board or the Inspector General
regarding railroad safety.
(b) Reports by the Secretary.--
(1) Statutory mandates.--Not later than 90 days after the
date of enactment of this Act, and every 180 days thereafter
until each of the mandates referred to in subsection (a)(1) has
been implemented, the Secretary shall transmit to the Committee
on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the specific actions taken to implement such
mandates.
(2) NTSB and inspector general recommendations.--Not later
than January 1 of each year, the Secretary shall transmit to
the Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the
recommendations referred to in section 2 of this Act and
subsection (a)(2) of this section and a copy of the Department
of Transportation response to each such recommendation. | Training Responders for Accidents and Improving Notification Act or the TRAIN Act - Directs the Secretary of Transportation to: (1) issue regulations implementing certain National Transportation Safety Board (NTSB) recommendations relating to railroad switches, positioning of tank cars, and emergency escape equipment for crewmembers; (2) make grants to fire departments for costs incurred in responding to incidents involving rail transportation of hazardous materials; (3) authorize awarding emergency responder training grants to nonprofit public sector employee organizations and to establish a standard for such training; (4) issue final rules requiring railroads to inform local communities of shipments of hazardous materials to assist in their emergency planning; and (5) report to Congress on implementation of railroad safety statutory mandates and on NTSB or Department of Transportation Inspector General safety recommendations. | {"src": "billsum_train", "title": "To improve the safety of transporting hazardous materials by rail and provide training and resources for first responders to protect communities from incidents involving the transportation of hazardous materials."} | 1,746 | 166 | 0.473388 | 1.408141 | 0.808841 | 2.587838 | 11.060811 | 0.939189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Restoration Act of
2007''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To reaffirm the original intent of Congress in enacting
the Federal Water Pollution Control Act Amendments of 1972 (86
Stat. 816) to restore and maintain the chemical, physical, and
biological integrity of the waters of the United States.
(2) To clearly define the waters of the United States that
are subject to the Federal Water Pollution Control Act
(commonly known as the ``Clean Water Act'').
(3) To provide protection to the waters of the United
States to the fullest extent of the legislative authority of
Congress under the Constitution.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Water is a unique and precious resource that is
necessary to sustain human life and the life of animals and
plants.
(2) Water is used not only for human, animal, and plant
consumption, but is also important for agriculture,
transportation, flood control, energy production, recreation,
fishing and shellfishing, and municipal and commercial uses.
(3) Through prior enactments, Congress established the
national objective of restoring and maintaining the chemical,
physical, and biological integrity of the waters of the United
States and recognized that achieving this objective requires
uniform, minimum national water quality and aquatic ecosystem
protection standards to restore and maintain the natural
structures and functions of the aquatic ecosystems of the
United States. Since the 1970s, the definitions of ``waters of
the United States'' in the U.S. Environmental Protection
Agency's and the U.S. Army Corps of Engineers' regulations have
properly established the scope of waters needed to be protected
by the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) in order to meet the national objective.
(4) Water is transported through interconnected hydrologic
cycles, and the pollution, impairment, or destruction of any
part of an aquatic system may affect the chemical, physical,
and biological integrity of other parts of the aquatic system.
(5) Protection of intrastate waters is necessary to restore
and maintain the chemical, physical, and biological integrity
of all waters in the United States.
(6) The regulation of discharges of pollutants into
intrastate waters is an integral part of the comprehensive
clean water regulatory program of the United States.
(7) Small and intermittent streams, including ephemeral and
seasonal streams, comprise the majority of all stream miles in
the United States and serve critical biological and
hydrological functions that affect entire watersheds. These
waters reduce the introduction of pollutants to large streams
and rivers, provide and purify drinking water supplies, and are
especially important to the life cycles of aquatic organisms
and the flow of higher order streams during floods.
(8) The pollution or other degradation of waters of the
United States, individually and in the aggregate, has a
substantial relation to and effect on interstate commerce.
(9) Protection of intrastate waters is necessary to prevent
significant harm to interstate commerce and sustain a robust
system of interstate commerce in the future.
(10) Waters, including streams and wetlands, provide
protection from flooding. Draining or filling intrastate
wetlands and channelizing or filling intrastate streams can
cause or exacerbate flooding that causes billions of dollars of
damages annually, placing a significant burden on interstate
commerce.
(11) Millions of people in the United States depend on
streams, wetlands, and other waters of the United States to
filter water and recharge surface and subsurface drinking water
supplies, protect human health, and create economic
opportunity. Source water protection areas containing small or
intermittent streams provide water to public drinking water
supplies serving more than 110 million Americans.
(12) Millions of people in the United States enjoy
recreational activities that depend on intrastate waters, such
as waterfowl hunting, bird watching, fishing, and photography,
and those activities and associated travel generate hundreds of
billions of dollars of income each year for the travel,
tourism, recreation, and sporting sectors of the economy of the
United States.
(13) Activities that result in the discharge of pollutants
into waters of the United States are commercial or economic in
nature. More than 14,000 facilities with individual permits
issued in accordance with the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), including industrial plants and
municipal sewage treatment systems, discharge into small or
intermittent streams.
(14) States have the responsibility and right to prevent,
reduce, and eliminate pollution of waters, and the Federal
Water Pollution Control Act respects the rights and
responsibilities of States by preserving for States the ability
to manage permitting, grant, and research programs to prevent,
reduce, and eliminate pollution, and to establish standards and
programs more protective of a State's waters than is provided
under Federal standards and programs.
(15) Protecting the quality of and regulating activities
affecting the waters of the United States is a necessary and
proper means of implementing treaties to which the United
States is a party, including treaties protecting species of
fish, birds, and wildlife.
(16) Protecting the quality of and regulating activities
affecting the waters of the United States is a necessary and
proper means of protecting Federal land, including hundreds of
millions of acres of parkland, refuge land, and other land
under Federal ownership and the wide array of waters
encompassed by that land.
(17) Protecting the quality of and regulating activities
affecting the waters of the United States is necessary to
protect Federal land and waters from discharges of pollutants
and other forms of degradation.
SEC. 4. DEFINITION OF WATERS OF THE UNITED STATES.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended--
(1) by striking paragraph (7);
(2) by redesignating paragraphs (8) through (24) as
paragraphs (7) through (23), respectively; and
(3) by adding at the end the following:
``(24) Waters of the united states.--The term `waters of
the United States' means all waters subject to the ebb and flow
of the tide, the territorial seas, and all interstate and
intrastate waters and their tributaries, including lakes,
rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows,
playa lakes, natural ponds, and all impoundments of the
foregoing, to the fullest extent that these waters, or
activities affecting these waters, are subject to the
legislative power of Congress under the Constitution.''.
SEC. 5. CONFORMING AMENDMENTS.
The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended--
(1) by striking ``navigable waters of the United States''
each place it appears and inserting ``waters of the United
States'';
(2) in section 304(l)(1) by striking ``navigable waters''
in the heading and inserting ``waters of the united states'';
and
(3) by striking ``navigable waters'' each place it appears
and inserting ``waters of the United States''.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act shall be construed as affecting the authority
of the Administrator of the Environmental Protection Agency or the
Secretary of the Army under the following provisions of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.):
(1) Section 402(l)(1), relating to discharges composed
entirely of return flows from irrigated agriculture.
(2) Section 402(l)(2), relating to discharges of stormwater
runoff from certain oil, gas, and mining operations composed
entirely of flows from precipitation runoff conveyances, which
are not contaminated by or in contact with specified materials.
(3) Section 404(f)(1)(A), relating to discharges of dredged
or fill materials from normal farming, silviculture, and
ranching activities.
(4) Section 404(f)(1)(B), relating to discharges of dredged
or fill materials for the purpose of maintenance of currently
serviceable structures.
(5) Section 404(f)(1)(C), relating to discharges of dredged
or fill materials for the purpose of construction or
maintenance of farm or stock ponds or irrigation ditches and
maintenance of drainage ditches.
(6) Section 404(f)(1)(D), relating to discharges of dredged
or fill materials for the purpose of construction of temporary
sedimentation basins on construction sites, which do not
include placement of fill material into the waters of the
United States.
(7) Section 404(f)(1)(E), relating to discharges of dredged
or fill materials for the purpose of construction or
maintenance of farm roads or forest roads or temporary roads
for moving mining equipment in accordance with best management
practices.
(8) Section 404(f)(1)(F), relating to discharges of dredged
or fill materials resulting from activities with respect to
which a State has an approved program under section 208(b)(4)
of such Act meeting the requirements of subparagraphs (B) and
(C) of that section. | Clean Water Restoration Act of 2007 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to replace the term "navigable waters," throughout the Act, with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution.
Declares that nothing in such Act shall be construed as affecting the authority of the Secretary of the Army or the Administrator of the Environmental Protection Agency (EPA) under the provisions of the Federal Water Pollution Control Act related to discharges: (1) composed entirely of return flows from irrigated agriculture; (2) of stormwater runoff from certain oil, gas, and mining operations composed entirely of flows from precipitation runoff conveyances, which are not contaminated by or in contact with specified materials; or (3) of dredged or fill materials resulting from normal farming, silviculture, and ranching activities or from activities with respect to which a state has an approved program, or for the purposes of maintenance of currently serviceable structures, construction or maintenance of farm or stock ponds, irrigation ditches and maintenance of drainage ditches, or farm, forest, or temporary roads for moving mining equipment in accordance with best management practices, or construction of temporary sedimentation basins on construction sites for which discharges do not include placement of fill material into the waters of the United States. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over waters of the United States."} | 2,023 | 415 | 0.531959 | 1.648523 | 0.700927 | 6.088235 | 5.485294 | 0.958824 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Small Business/
Family Farm and Investment Fairness Act of 1997''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. PHASEOUT OF CAPITAL GAINS RATE FOR INDIVIDUALS.
(a) In General.--Subsection (h) of section 1 (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 at the rates and in the same
manner as if this subsection had not been enacted on
taxable income reduced by the net capital gain, plus
``(B) a tax equal to the applicable percentage of
the net capital gain.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means the percentage
determined in accordance with the following table:
The applicable
For taxable years beginning in: percentage is:
1997.......................................... 14
1998.......................................... 13
1999.......................................... 12
2000.......................................... 11
2001.......................................... 10
2002.......................................... 9
2003.......................................... 8
2004.......................................... 7
2005.......................................... 6
2006.......................................... 5
2007.......................................... 4
2008.......................................... 3
2009.......................................... 2
2010.......................................... 1
2011 or thereafter............................ 0.
``(3) Net capital gain taken into account as investment
income.--For purposes of this subsection, the net capital gain
for any taxable year shall be reduced (but not below zero) by
the amount which the taxpayer elects to take into account as
investment income under section 163(d)(4)(B)(iii).''
(b) Minimum Tax.--
(1) In general.--Subparagraph (A) of section 55(b)(1) is
amended by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively, and by inserting after clause (i)
the following new clause:
``(ii) Maximum rate of tax on net capital
gain.--The amount determined under the first
sentence of clause (i) shall not exceed the sum
of--
``(I) the amount determined under
such first sentence computed at the
rates and in the same manner as if this
clause had not been enacted on the
taxable excess reduced by the net
capital gain, plus
``(II) a tax equal to the
applicable percentage (as defined in
section 1(h)) of the lesser of the net
capital gain or the taxable excess.''
(2) Conforming amendment.--Clause (iii) of section
55(a)(1)(A) (as redesignated by paragraph (1)) is amended by
striking ``clause (i)'' and inserting ``this subparagraph''.
(c) Conforming Amendments.--
(1) Section 1202 (relating to 50-percent exclusion for gain
from certain small business stock) is hereby repealed.
(2)(A) Subsection (a) of section 57 is amended by striking
paragraph (7).
(B) Subclause (II) of section 53(d)(1)(B)(ii) is amended by
striking ``, (5), and (7)'' and inserting ``and (5)''.
(3) Paragraph (1) of section 170(e) of such Code is
amended--
(A) by striking ``the amount of gain'' in the
material following subparagraph (B)(ii) and inserting
``the appropriate percentage of the amount of gain'',
and
(B) by adding at the end the following new
sentence: ``For purposes of subparagraph (B), the term
`appropriate percentage' means the percentage equal to
the fraction the numerator of which is the applicable
percentage under section 1(h) or 1201(b) (whichever is
appropriate) over 28 percent (35 percent in the case of
a corporation).''
(4) Paragraph (2) of section 172(d) is amended to read as
follows:
``(2) Capital gains and losses of taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the amount deductible on account of losses from
sales or exchanges of capital assets shall not exceed the
amount includible on account of gains from sales or exchanges
of capital assets.''
(5) Paragraph (4) of section 642(c) is amended by striking
the first sentence.
(6) Paragraph (3) of section 643(a) is amended by striking
the last sentence.
(7) Paragraph (4) of section 691(c) is amended by striking
``1202,''.
(8) The second sentence of section 871(a)(2) is amended by
striking ``such gains and losses shall be determined without
regard to section 1202 and''.
(9) Subsection (a) of section 1044 is amended by striking
the last sentence.
(10) Paragraph (1) of section 1445(e) is amended by
striking ``28 percent'' and inserting ``the applicable
percentage under section 1(h)''.
(11) Section 6652 is amended by striking subsection (k) and
by redesignating subsections (l) and (m) as subsections (k) and
(l), respectively.
(12)(A) The second sentence of section 7518(g)(6)(A) is
amended by striking ``28 percent'' and all that follows and
inserting ``the applicable percentage under the appropriate
such section.''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936 is amended by striking ``28 percent''
and all that follows and inserting ``the applicable percentage
under the appropriate such section.''.
(13) The table of sections for part I of subchapter P of
chapter 1 is amended by striking the item relating to section
1202.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1996.
(2) Withholding.--The amendment made by subsection (c)(10)
shall apply to amounts paid after the date of the enactment of
this Act.
SEC. 3. PHASEDOWN OF CAPITAL GAINS RATE FOR CORPORATIONS.
(a) In General.--Section 1201 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 equal to the applicable percentage of the net
capital gain.
``(b) Applicable Percentage.--For purposes of paragraph (1), the
term `applicable percentage' means the percentage determined in
accordance with the following table:
The applicable
For taxable years beginning in: percentage is:
1997.......................................... 28
1998.......................................... 27
1999.......................................... 26
2000.......................................... 25
2001.......................................... 24
2002.......................................... 23
2003.......................................... 22
2004.......................................... 21
2005.......................................... 20
2006.......................................... 19
2007.......................................... 18
2008.......................................... 17
2009.......................................... 16
2010.......................................... 15
2011 or thereafter............................ 14.
``(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).''
(b) Minimum Tax.--Subparagraph (B) of section 55(b)(1) is amended
to read as follows:
``(B) Corporations.--
``(i) In general.--In the case of a
corporation, the tentative minimum tax for the
taxable year is--
``(I) 20 percent of so much of the
alternative minimum taxable income for
the taxable year as exceeds the
exemption amount, reduced by
``(II) the alternative minimum tax
foreign tax credit for the taxable
year.
``(ii) Maximum rate of tax on net capital
gain.--If for any taxable year the applicable
percentage under section 1201(b) is less than
20 percent, the amount determined under
subclause (I) of clause (i) for such taxable
year shall not exceed the sum of--
``(I) the amount determined under
such subclause computed at the rates
and in the same manner as if this
clause had not been enacted on the
excess described in such subclause
reduced by the net capital gain, plus
``(II) a tax equal to the
applicable percentage (as defined in
section 1201(b)) of the lesser of the
net capital gain or such excess.''
(c) Technical Amendments.--
(1) Clause (iii) of section 852(b)(3)(D) is amended--
(A) by striking ``65 percent'' and inserting ``the
appropriate percentage'', and
(B) by adding at the end the following new
sentence: ``For purposes of this clause, the term
`appropriate percentage' means the percentage equal to
the excess of 100 percent over the applicable
percentage under section 1201(b).''
(2) Subsection (e) of section 1445 is amended by striking
``35 percent'' each place it appears and inserting ``the
applicable percentage under section 1201(b)''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
ending after December 31, 1996.
(2) Withholding.--The amendment made by subsection (c)(2)
shall apply to amounts paid after the date of the enactment of
this Act.
(e) Transitional Rule.--
(1) In general.--In the case of any taxable year ending
after December 31, 1996, and beginning on or before such date,
paragraph (2) of section 1201(a) of the Internal Revenue Code
of 1986 (as amended by this section) shall be applied as if it
read as follows:
``(2) the sum of--
``(A) a tax of 28 percent of the lesser of--
``(i) the net capital gain for the taxable
year, or
``(ii) the net capital gain taking into
account only gain or loss properly taken into
account for the portion of the taxable year
after December 31, 1996, plus
``(B) a tax of 35 percent of the excess of--
``(i) the net capital gain for the taxable
year, over
``(ii) the amount of net capital gain taken
into account under subparagraph (A).''
(2) Special rule 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.
SEC. 4. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDIT.
(a) In General.--
(1) Subsection (a) of section 2010 (relating to unified
credit against estate tax) is amended by striking ``$192,800''
and inserting ``the applicable credit amount''.
(2) Section 2010 is amended by redesignating subsection (c)
as subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Applicable Credit Amount.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax which would
be determined under the rate schedule set forth in section 2001(c) if
the amount with respect to which such tentative tax is to be computed
were $1,000,000.''
(3) Paragraph (1) of section 6018(a) is amended by striking
``$600,000'' and inserting ``$1,000,000''.
(4) Paragraph (2) of section 2001(c) is amended by striking
``$21,040,000'' and inserting ``the amount at which the average
tax rate under this section is 55 percent''.
(5) Subparagraph (A) of section 2102(c)(3) is amended by
striking ``$192,800'' and inserting ``the applicable credit
amount under section 2010(c)''.
(b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) is
amended by striking ``$192,800'' and inserting ``the applicable credit
amount under section 2010(c)''.
(c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and gifts made, after the date
of the enactment of this Act.
SEC. 5. INCREASE IN MAXIMUM BENEFIT UNDER SPECIAL ESTATE TAX VALUATION
RULES FOR CERTAIN FARM, ETC., REAL PROPERTY.
(a) In General.--Paragraph (2) of section 2032A(a) (relating to
limitation on aggregate reduction in fair market value) is amended by
striking ``$750,000'' and inserting ``$1,000,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to decedents dying after the date of the enactment of this Act. | Small Business-Family Farm and Investment Fairness Act of 1997 - Amends the Internal Revenue Code to: (1) phaseout the capital gains tax for individuals; (2) phasedown the capital gains rate for corporations; (3) increase the unified estate and gift tax credit; and (5) increase the maximum benefit under the special estate tax valuation rules for certain real and farm property. | {"src": "billsum_train", "title": "Small Business-Family Farm and Investment Fairness Act of 1997"} | 3,371 | 78 | 0.4716 | 1.019577 | 0.596634 | 3.302632 | 39.197368 | 0.934211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeless Veterans Assistance Fund
Act of 2015''.
SEC. 2. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND
``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund.
``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND.
``(a) In General.--Every individual, with respect to the taxpayer's
return for the taxable year of the tax imposed by chapter 1--
``(1) may designate that a specified portion (not less than
$1) of any overpayment of tax shall be paid over to the
Homeless Veterans Assistance Fund in accordance with the
provisions of section 9512, and
``(2) in addition to any payment (if any) under paragraph
(1), may make a contribution to the United States of an
additional amount which shall be paid over to such Fund.
``(b) Manner and Time of Designation and Contribution.--A
designation and contribution 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 such time of filing)
specified in regulations prescribed by the Secretary.
Such designation and contribution 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.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as--
``(1) being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the
date the return is filed, and
``(2) a contribution made by such taxpayer on such date to
the United States.''.
(b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Homeless Veterans
Assistance 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 Homeless Veterans Assistance Fund amounts equivalent to the amounts
designated and contributed under section 6098.
``(c) Expenditures.--
``(1) In general.--Subject to paragraphs (2) and (3),
amounts in the Homeless Veterans Assistance Fund shall be
available (and shall remain available until expended) to the
Department of Veterans Affairs, in consultation with the
Department of Labor Veterans' Employment and Training Service
and the Department of Housing and Urban Development, for the
purpose of providing services to homeless veterans, through--
``(A) the development and implementation of new and
innovative strategies to prevent and end veteran
homelessness, and
``(B) any homeless veteran program administered by
the Department of Veterans Affairs, the Department of
Labor Veterans' Employment and Training Service, and
the Department of Housing and Urban Development.
``(2) Additional allocations.--The Secretary of Veterans
Affairs is authorized to make transfers from the amounts
described in paragraph (1) to the Department of Labor Veterans'
Employment and Training Service and the Department of Housing
and Urban Development for the purpose of supporting programs
that serve homeless veterans.
``(3) Advance notice.--The Secretary of Veterans Affairs,
in collaboration with the Secretary of Labor and the Secretary
of Housing and Urban Development, shall submit a detailed
expenditure plan for any amounts in the Homeless Veterans
Assistance Fund to the Committees on Veterans' Affairs and
Committees on Appropriations of the House of Representatives
and of the Senate not later than 60 days prior to any
expenditure of such amounts.
``(d) President's Annual Budget Information.--Beginning with the
President's annual budget submission for fiscal year 2017 and every
year thereafter, the Department of Veterans Affairs, the Department of
Labor, and the Department of Housing and Urban Development shall
include a description of the use of funds from the Homeless Veterans
Assistance Fund from the previous fiscal year and the proposed use of
such funds for the next fiscal year.''.
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Part IX. Contributions to the Homeless Veterans Assistance 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. 9512. Homeless Veterans Assistance Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Homeless Veterans Assistance Fund Act of 2015 Amends the Internal Revenue Code to: (1) establish in the Treasury the Homeless Veterans Assistance Fund; (2) allow individual taxpayers to designate on their tax returns a specified portion (not less than $1) of any overpayment of tax, and to make a contribution of an additional amount, to be paid over to such Fund to provide services to homeless veterans; and (3) require the Departments of Veterans Affairs, Labor, and Housing and Urban Development, each year beginning with the President's annual budget submission for FY2017, to include a description of the use of funds from the Fund in the previous fiscal year and the proposed use of such funds for the next fiscal year. | {"src": "billsum_train", "title": "Homeless Veterans Assistance Fund Act of 2015"} | 1,254 | 148 | 0.609808 | 1.685587 | 0.714959 | 4.507042 | 8.119718 | 0.901408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Democracy and Fairness
Act''.
SEC. 2. TIMING OF ELECTIONS.
Section 9 of the National Labor Relations Act (29 U.S.C. 159) is
amended--
(1) in subsection (b), by striking ``The Board shall
decide'' and all that follows through ``Provided, That the''
and inserting: ``In each case, prior to an election, the Board
shall determine, in order to assure to employees the fullest
freedom in exercising the rights guaranteed by this Act, the
unit appropriate for the purposes of collective bargaining.
Unless otherwise stated in this Act, and excluding bargaining
unit determinations promulgated through rulemaking effective
before August 26, 2011, the unit appropriate for purposes of
collective bargaining shall consist of employees that share a
sufficient community of interest. In determining whether
employees share a sufficient community of interest, the Board
shall consider (1) similarity of wages, benefits, and working
conditions; (2) similarity of skills and training; (3)
centrality of management and common supervision; (4) extent of
interchange and frequency of contact between employees; (5)
integration of the work flow and interrelationship of the
production process; (6) the consistency of the unit with the
employer's organizational structure; (7) similarity of job
functions and work; and (8) the bargaining history in the
particular unit and the industry. To avoid the proliferation or
fragmentation of bargaining units, employees shall not be
excluded from the unit unless the interests of the group sought
are sufficiently distinct from those of other employees to
warrant the establishment of a separate unit. Whether
additional employees should be included in a proposed unit
shall be based on whether such additional employees and
proposed unit members share a sufficient community of interest,
with the sole exception of proposed accretions to an existing
unit, in which the inclusion of additional employees shall be
based on whether such additional employees and existing unit
members share an overwhelming community of interest and the
additional employees have little or no separate identity.
The''; and
(2) in subsection (c)(1), in the matter following
subparagraph (B)--
(A) by inserting ``, but in no circumstances less
than 14 calendar days after the filing of the
petition'' after ``hearing upon due notice'';
(B) by inserting before the last sentence the
following: ``An appropriate hearing shall be one that
is non-adversarial with the hearing officer charged, in
collaboration with the parties, with the responsibility
of identifying any relevant and material pre-election
issues and thereafter making a full record thereon.
Relevant and material pre-election issues shall
include, in addition to unit appropriateness, the
Board's jurisdiction and any other issue the resolution
of which may make an election unnecessary or which may
reasonably be expected to impact the election's
outcome. Parties may raise independently any relevant
and material pre-election issue or assert any relevant
and material position at any time prior to the close of
the hearing.'';
(C) in the last sentence--
(i) by inserting ``or consideration of a
request for review of a regional director's
decision and direction of election,'' after
``record of such hearing''; and
(ii) by inserting ``to be conducted as soon
as practicable but not less than 35 calendar
days following the filing of an election
petition'' after ``election by secret ballot'';
and
(D) by adding at the end the following: ``Not
earlier than 7 days after final determination by the
Board of the appropriate bargaining unit, the Board
shall acquire from the employer a list of all eligible
voters to be made available to all parties, which shall
include the employee names, and one additional form of
personal employee contact information (such as
telephone number, email address or mailing address)
chosen by the employee in writing.''.
Passed the House of Representatives November 30, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Workforce Democracy and Fairness Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.)
Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations.
Prohibits exclusion of employees from the unit unless the group's interest are sufficiently distinct from those of other employees to warrant the establishment of a separate unit.
Requires the NLRB, upon due notice, to provide a hearing at least 14 days after the filing of an election petition for collective bargaining representation to investigate those petitions the NLRB has reasonable cause to believe have a question of representation affecting commerce. Requires such hearings be non-adversarial.
Requires the NLRB to: (1) direct an election by secret ballot as soon as practicable, but in any event not before 35 calendar days following the filing of an election petition, in cases where a question of representation exists; and (2) acquire, at least 7 days after its final determination of the appropriate bargaining unit, a list of all eligible voters (including certain informational data) from the employer and make it available to all parties. | {"src": "billsum_train", "title": "To amend the National Labor Relations Act with respect to representation hearings and the timing of elections of labor organizations under that Act."} | 875 | 385 | 0.559823 | 1.875439 | 0.852821 | 2.322981 | 2.658385 | 0.763975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jacob Wetterling Crimes Against
Children Registration Act''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--The Attorney General shall establish
guidelines for State programs requiring any person who is
convicted of a criminal offense against a victim who is a minor
to register a current address with a designated State law
enforcement agency for 10 years after release from prison, or
being placed on parole, supervised release, or probation.
(2) Definition.--For purposes of this subsection, the term
``criminal offense against a victim who is a minor'' means any
criminal offense that consists of--
(A) kidnapping of a minor, except by a parent;
(B) false imprisonment of a minor, except by a
parent;
(C) criminal sexual conduct toward a minor;
(D) solicitation of a minor to engage in sexual
conduct;
(E) use of a minor in a sexual performance;
(F) solicitation of a minor to practice
prostitution;
(G) any conduct that by its nature is a sexual
offense against a minor; or
(H) an attempt to commit an offense described in
any of subparagraphs (A) through (G) of this paragraph,
if the State--
(i) makes such an attempt a criminal
offense; and
(ii) chooses to include such an offense in
those which are criminal offenses against a
victim who is a minor for the purposes of this
section.
(b) Registration Requirement Upon Release, Parole, Supervised
Release, or Probation.--An approved State registration program
established under this section shall contain the following
requirements:
(1) Duty of state prison official or court.--If a person
who is required to register under this section is released from
prison, or placed on parole, supervised release, or probation,
a State prison officer, or in the case of probation, the court,
shall--
(A) inform the person of the duty to register and
obtain the information required for such registration;
(B) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency in
writing within 10 days;
(C) inform the person that if the person changes
residence to another State, the person shall register
the new address with the law enforcement agency with
whom the person last registered, and the person is also
required to register with a designated law enforcement
agency in the new State not later than 10 days after
establishing residence in the new State, if the new
State has a registration requirement;
(D) obtain fingerprints and a photograph of the
person if these have not already been obtained in
connection with the offense that triggers registration;
and
(E) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(2) Transfer of information to state and the f.b.i.--The
officer, or in the case of a person placed on probation, the
court, shall, within 3 days after receipt of information
described in paragraph (1), forward it to a designated State
law enforcement agency. The State law enforcement agency shall
immediately enter the information into the appropriate State
law enforcement record system and notify the appropriate law
enforcement agency having jurisdiction where the person expects
to reside. The State law enforcement agency shall also
immediately transmit the conviction data and fingerprints to
the Federal Bureau of Investigation.
(3) Annual verification.--On each anniversary of a person's
initial registration date during the period in which the person
is required to register under this section, the designated
State law enforcement agency shall mail a nonforwardable
verification form to the last reported address of the person.
The person shall mail the verification form to the designated
State law enforcement agency within 10 days after receipt of
the form. The verification form shall be signed by the person,
and state that the person still resides at the address last
reported to the designated State law enforcement agency. If the
person fails to mail the verification form to the designated
State law enforcement agency within 10 days after receipt of
the form, the person shall be in violation of this section
unless the person proves that the person has not changed his or
her residence address.
(4) Notification of local law enforcement agencies of
changes in address.--Any change of address by a person required
to register under this section reported to the designated State
law enforcement agency shall immediately be reported to the
appropriate law enforcement agency having jurisdiction where
the person is residing. The designated law enforcement agency
shall, if the person changes residence to another State, notify
the person of the law enforcement agency with which the person
must register in the new State, if the new State has a
registration requirement.
(5) Privacy of data.--The information collected under a
State registration program shall be treated as private data on
individuals and may be disclosed only to law enforcement
agencies for investigative purposes or to government agencies
conducting confidential background checks with fingerprints on
applicants for child care positions or other positions
involving contact with children.
(c) Registration for Change of Address to Another State.--A person
who has been convicted of an offense which triggered registration in a
State shall register the new address with a designated law enforcement
agency in another State to which the person moves not later than 10
days after such person establishes residence in the new State, if the
new State has a registration requirement.
(d) Registration for 10 Years.--A person required to register under
this section shall continue to comply with this section until 10 years
have elapsed since the person was released from prison, or placed on
parole, supervised release, or probation.
(e) Penalty.--A person required to register under a State program
established pursuant to this section who knowingly fails to so register
and keep such registration current shall be subject to criminal
penalties in any State in which the person has so failed.
(f) Compliance.--
(1) Compliance date.--Each State shall have 3 years from
the date of the enactment of this Act in which to implement
this section.
(2) Ineligibility for funds.--The allocation of funds under
section 506 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3756) received by a State not
complying with the guidelines issued under this section 3 years
after the date of enactment of this Act may be reduced by 10
percent and the unallocated funds shall be reallocated to the
States in compliance with this section.
Passed the House of Representatives November 20, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
By Dallas L. Dendy, Jr.,
Assistant to the Clerk. | Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after being released from prison or being placed on parole, supervised release, or probation.
Sets forth requirements for an approved State registration program, including requirements to: (1) inform persons of their duty to register and obtain the information required for such registration; (2) inform such persons of requirements applicable if they change residence to another State; (3) obtain fingerprints and a photograph; and (4) enter information into the State law enforcement record system. Directs the officer (or, in the case of a person placed on probation, the court) to forward required information to the designated State LEA, which shall immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation.
Provides that the information collected under a State registration program shall be treated as private data on individuals and may be disclosed only to LEAs for investigative purposes or to government agencies conducting confidential background checks with fingerprints on applicants for child care positions or other positions involving contact with children.
Requires a person who has been convicted of an offense which triggered registration in a State to register a new address with a designated LEA in another State to which the person moves within ten days of establishing residence in the new State, if such State has a registration requirement.
Subjects a person required to register under a State program who knowingly fails to register and keep such registration current to criminal penalties in that State.
Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act within three years may be reduced by ten percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act. | {"src": "billsum_train", "title": "Jacob Wetterling Crimes Against Children Registration Act"} | 1,479 | 428 | 0.652868 | 2.077307 | 0.850235 | 4.664908 | 3.691293 | 0.918206 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health and Substance Abuse
Juvenile Services Improvement Act of 2007''.
SEC. 2. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND THEIR
FAMILIES.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by inserting after section 520A the following:
``SEC. 520B. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND
THEIR FAMILIES.
``(a) In General.--In cooperation with the Secretary of Education,
the Secretary of Health and Human Services shall support either
directly or through grants, contracts, or cooperative agreements with
public entities programs to promote mental health among all children,
from birth through adolescence, and their families and to provide early
intervention services to ameliorate identified mental health problems
in such children.
``(b) Equitable Distribution.--The Secretary shall provide for an
equitable distribution of grants, contracts, and cooperative agreements
by region, to include urban, suburban, and rural regions, including
Native American communities.
``(c) Priority.--In awarding grants, contracts, and cooperative
agreements under this section, the Secretary shall give priority to
those applicants who--
``(1) provide a comprehensive, community-based, culturally
competent and developmentally appropriate prevention and early
intervention program that provides for the identification of
early mental health problems and promotes the mental health and
enhances the resiliency of children from birth through
adolescence and of their families;
``(2) incorporate families, schools, and communities in an
integral role in the program;
``(3) coordinate behavioral health care services,
interventions, and supports in traditional and non-traditional
settings and provide a continuum of care for children from
birth through adolescence and for their families;
``(4) provide public health education to improve the
public's understanding of healthy emotional development;
``(5) provide training, technical assistance, consultation,
and support for community service providers, school personnel,
families, and children to promote healthy emotional development
and enhance resiliency in children from birth through
adolescence;
``(6) increase the resources available to such programs and
provide for their sustainability by requiring a commitment on
the part of local communities in which the programs provide
services;
``(7) provide for the evaluation of programs operating
under this section to ensure that they are providing intended
services in an efficient and effective manner; and
``(8) provide school-based mental health assessment and
treatment services conducted by a mental health professional
(who may be a school counselor, school nurse, school
psychologist, clinical psychologist, or school social worker)
in public elementary or secondary schools.
``(d) Matching Requirement.--A condition for an award under
subsection (a) is that the entity involved agrees that the entity will,
with respect to the costs to be incurred by the entity in carrying out
the purpose described in such subsection, 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 $1
for each $3 of Federal funds provided in the award.
``(e) Durations of Grants.--With respect to an award under
subsection (a), the period during which payments under such award are
made to the recipient may not exceed 5 years.
``(f) Evaluation.--The Secretary shall ensure that entities
receiving awards under subsection (a) carry out an evaluation of the
project, including an evaluation of the effectiveness of program
strategies, and short, intermediate, and long-term outcomes including
the program's overall impact on strengthening families with young
children and creating environments in home, school, and community
settings that promote healthy emotional development and reduce
incipient mental health and substance abuse problems. Local educational
agencies receiving such awards shall ensure that the schools receiving
these funds maintain an average ratio of one certified or licensed--
``(1) school counselor for every 150 students;
``(2) school nurse for every 350 students;
``(3) school psychologist for every 500 students; and
``(4) school social worker for every 400 students.
``(g) Definitions.--For purposes of this section:
``(1) The term `mental health' means a state of successful
performance of mental function, resulting in productive
activities, fulfilling relationships with other people, and the
ability to adapt to change and cope with adversity.
``(2) The term `mental illness' refers to all diagnosable
mental disorders (health conditions characterized by
alterations in thinking, mood, or behavior or some combination
thereof) associated with distress or impaired functioning or
both.
``(3) The term `mental health problem' refers to symptoms
of insufficient intensity or duration to meet the criteria for
any mental disorder.
``(4)(A) The term `mental health professional' refers to a
qualified counselor, nurse, psychologist, or social worker.
``(B) The terms `school counselor', `school nurse', `school
psychologist', and `school social worker' mean an individual
who possesses licensure or certification in the State involved,
and who meets professional standards for practice in schools
and related settings, as a school counselor, school nurse,
school psychologist, or school social worker, respectively.
``(5) The term `public entity' means any State, any
political subdivision of a State, including any local
educational agency, and any Indian tribe or tribal organization
(as defined in section 4(b) and section 4(c) of the Indian
Self-Determination and Education Assistance Act).
``(h) Authorization of Appropriation.--There are authorized to be
appropriated to carry out this section $300,000,000 for fiscal year
2008 and such sums as are necessary for each of fiscal years 2009 and
2010. These funds are authorized to be used to carry out the provisions
of this section and cannot be utilized to supplement or supplant
funding provided for other mental health services programs.''.
SEC. 3. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND
SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:
``SEC. 520K INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND
SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES.
``(a) In General.--The Attorney General of the United States and
the Secretary, acting through the Director of the Center for Mental
Health Services, shall award competitive grants to eligible entities
for programs that address the service needs of juveniles, including
juveniles with serious mental illnesses, by requiring the State or
local juvenile justice system, the mental health system, and the
substance abuse treatment system to work collaboratively to ensure--
``(1) the appropriate diversion of such juveniles from
incarceration;
``(2) the provision of appropriate mental health and
substance abuse services as an alternative to incarceration,
including for those juveniles on probation or parole; and
``(3) the provision of follow-up services for juveniles who
are discharged from the juvenile justice system.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be a State or local juvenile justice agency, mental
health agency, or substance abuse agency (including community
diversion programs);
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including--
``(A) an assurance that the applicant has the
consent of all entities described in paragraph (1) in
carrying out and coordinating activities under the
grant; and
``(B) with respect to services for juveniles, an
assurance that the applicant has collaborated with the
State or local educational agency and the State or
local welfare agency in carrying out and coordinating
activities under the grant;
``(3) be given priority if the entity submits its
application jointly with juvenile justice and substance abuse
or mental health agencies; and
``(4) ensure that funds from non-Federal sources are
available to match amounts provided under the grant in an
amount that is not less than--
``(A) with respect to the first 3 years under the
grant, 10 percent of the amount provided under the
grant; and
``(B) with respect to the fourth and fifth years
under the grant, 30 percent of the amount provided
under the grant.
``(c) Use of Funds.--
``(1) Initial year.--An entity that receives a grant under
this section shall, in the first fiscal year in which amounts
are provided under the grant, use such amounts to develop a
collaborative plan--
``(A) describing how the entity will institute a
system to provide intensive community services--
``(i) to prevent high-risk juveniles from
coming in contact with the justice system; and
``(ii) to meet the mental health and
substance abuse treatment needs of juveniles on
probation or recently discharged from the
justice system; and
``(B) providing for the exchange by agencies of
information to enhance the provision of mental health
or substance abuse services to juveniles.
``(2) Second through fifth years.--With respect to the
second through fifth fiscal years in which amounts are provided
under the grant, the grantee shall use amounts provided under
the grant--
``(A) to furnish services, such as assertive
community treatment, wrap-around services for
juveniles, multisystemic therapy, outreach, integrated
mental health and substance abuse treatment, case
management, health care, education and job training,
assistance in securing stable housing, finding a job or
obtaining income support, other benefits, access to
appropriate school-based services, transitional and
independent living services, mentoring programs, home-
based services, and provision of appropriate after-
school and summer programming;
``(B) to establish a network of boundary spanners
to conduct regular meetings with judges, provide
liaison with mental health and substance abuse workers,
share and distribute information, and coordinate with
mental health and substance abuse treatment providers
and probation or parole officers concerning provision
of appropriate mental health and drug and alcohol
addiction services for individuals on probation or
parole;
``(C) to provide cross-system training among
police, corrections, and mental health and substance
abuse providers with the purpose of enhancing
collaboration and the effectiveness of all systems;
``(D) to provide coordinated and effective after-
care programs for juveniles with emotional or mental
disorders who are discharged from jail, prison, or
juvenile facilities;
``(E) to purchase technical assistance to achieve
the grant project's goals; and
``(F) to furnish services, to train personnel in
collaborative approaches, and to enhance intersystem
collaboration.
``(3) Definition.--In paragraph (2)(B), the term `boundary
spanners' means professionals who act as case managers for
juveniles with mental disorders and substance abuse addictions,
within both justice agency facilities and community mental
health programs and who have full authority from both systems
to act as problem solvers and advocates on behalf of
individuals targeted for service under this program.
``(d) Area Served by the Project.--An entity receiving a grant
under this section shall conduct activities under the grant to serve at
least a single political jurisdiction.
``(e) Authorization of Appropriations.--For each of fiscal years
2008 through 2013, there is authorized to be appropriated an amount
equal to 10 percent of the amount appropriated under section 1935(a)
for the respective fiscal year.''.
SEC. 4. FUNDING FOR EMERGENCY MENTAL HEALTH AND SUBSTANCE ABUSE
SERVICES FOR CHILDREN DIRECTLY AFFECTED BY PUBLIC HEALTH
EMERGENCIES.
(a) In General.--Section 501(m) of the Public Health Service Act
(42 U.S.C. 290aa(m)) is amended--
(1) in paragraph (1)--
(A) by striking ``2.5 percent'' and inserting ``5
percent''; and
(B) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1), the following:
``(2) Condition.--A condition of paragraph (1) is that 2.5
percent of the funds subject to paragraph (1) may only be
available for the provision of emergency mental health and
substance abuse treatment and prevention services to children
who are directly affected by public health emergencies,
including diseases or disorders that present such emergencies,
natural disasters, major transportation accidents,
technological disasters, and disasters resulting from
terrorism.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to grants provided on or after January 1, 2008.
SEC. 5. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.
Title III of the Public Health Service Act is amended by inserting
after section 319M (42 U.S.C. 247d-7d) the following:
``SEC. 319N. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.
``(a) In General.--The Secretary may award grants to eligible
entities described in subsection (b) to enable such entities to
increase the coordination and development of disaster preparedness
efforts relating to the needs of children.
``(b) Eligibility.--To be an eligible entity under this subsection,
an entity shall--
``(1) be a State, political subdivision of a State, a
consortium of 2 or more States or political subdivisions of
States, a public or private non-profit agency or organization,
or other organization that serves children as determined
appropriate by the Secretary; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity shall use amounts received under a
grant under this section to carry out activities for the coordination
and development of disaster preparedness efforts relating to the
physical- and health-related needs of children.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2008.''. | Mental Health and Substance Abuse Juvenile Services Improvement Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to support programs to promote mental health among all children and their families and to provide early intervention services to ameliorate identified mental health problems in children. Requires the Secretary to provide an equitable distribution of such grants by region.
Directs the Attorney General and the Secretary, acting through the Director of the Center for Mental Health Services, to award grants for programs that address the service needs of juveniles by requiring the state or local juvenile system, the mental health system, and the substance abuse treatment system to work collectively to ensure: (1) the appropriate diversion of such juveniles from incarceration; (2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration; and (3) the provision of follow-up services for juveniles who are discharged from the juvenile justice system.
Provides funding for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by public health emergencies.
Allows the Secretary to award grants to enable eligible entities to increase the coordination and development of disaster preparedness efforts relating to the needs of children. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to improve mental health and substance abuse services for juveniles."} | 3,222 | 258 | 0.63107 | 1.653603 | 0.877793 | 6.607595 | 12.721519 | 0.978903 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguard the Vote Act''.
SEC. 2. MAIL REGISTRATION.
(a) Requirement for First-Time Voters To Present Identification.--
Section 6(c)(1) of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-4(c)(1)) is amended by striking ``a State may by law
require a person to vote in person if'' and inserting ``a State shall
by law require a person to vote in person and present a picture
identification if''.
(b) Removal of Voters in Response to Undelivered Notices.--
(1) In general.--Section 6(d) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-4(d)) is amended by
striking ``may proceed'' and all that follows through the end
and inserting the following: ``shall--
``(1) proceed in accordance with section 8(d); or
``(2) if provided for under State law, remove the name of
the registrant from the official list of eligible voters in
elections for Federal office provided that reasonable
safeguards are available to prevent the removal of an eligible
voter.''.
(2) Conforming amendments.--
(A) Section 8(a)(3)(C) of such Act (42 U.S.C.
1973gg-6(a)(3)(C)) is amended by inserting ``or section
6(d)(2)'' after ``paragraph (4)''.
(B) Section 8(c)(2)(B) of such Act (42 U.S.C.
1973gg-6(c)(2)(B)) is amended by inserting ``or section
6(d)(2)'' after ``subsection (a)''.
(c) Contents of Mail Voter Registration Form.--Section 9(b)(3) of
the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(b)(3))
is amended to read as follows:
``(3) may include a requirement for notarization or other
formal authentication as each State may by law require; and''.
SEC. 3. MAINTENANCE OF ACCURATE LIST OF ELIGIBLE VOTERS.
(a) Required Voter Removal Program.--Section 8(a) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-(6)(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) conduct a program to determine whether the number of
eligible voters in any jurisdiction is less than the number of
eligible voters on the official list for such jurisdiction and,
if such determination is made, remove the names of ineligible
voters from such list in accordance with paragraph (4).''.
(b) Identification Required.--Section 8(e) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-6(e)) is amended by adding
at the end the following:
``(4) Any requirement under this section to make an oral or written
affirmation regarding the address of a registrant shall include a
requirement that such registrant present picture identification as part
of such affirmation.''.
(c) Notification of Felony Convictions.--Section 8(g) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(g)) is
amended by adding at the end the following:
``(6) The Attorney General shall provide, upon request of any chief
State election official, expedited access to applicable records
regarding felony convictions of individuals in order to determine if an
individual is eligible to vote under any applicable State law.''.
(d) Additional Penalty for Conspiracy.--Section 12(2) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-(10)(2)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``process, by'' and inserting ``process'';
(2) in subparagraph (A), by inserting ``or knowingly and
willfully conspires with another person to deprive, defraud, or
attempt to deprive or defraud the residents of a State of a
fair and impartially conducted election process, by'' before
``the procurement''; and
(3) in subparagraph (B), by inserting ``by'' before ``the
procurement''.
SEC. 4. PENALTIES UNDER VOTING RIGHTS ACT.
(a) Increased Penalties.--Subsections (c) and (e)(1) of section 11
of the Voting Rights Act of 1965 (42 U.S.C. 1973i) are each amended by
striking ``$10,000'' and inserting ``$30,000''.
(b) Misrepresentation of Eligibility.--Section 11(c) of the Voting
Rights Act of 1965 (42 U.S.C. 1973i(c)) is amended by inserting ``or
gives false information as to the individual's status as a convicted
felon'' after ``voting district''.
SEC. 5. VOTER ROLL COORDINATION DEMONSTRATION PROJECT.
(a) Demonstration Project Established.--The Federal Election
Commission shall establish a demonstration project for the purpose of
determining the feasibility and advisability of requiring coordination
of the official list of registered voters and certain State records to
ensure--
(1) such list is accurate; and
(2) that eligible voters are not improperly removed from
the official list.
(b) Project.--
(1) In general.--The project conducted under this section
shall require a State to maintain accurate records regarding
individuals eligible to vote in the project area by
coordinating--
(A) State records of--
(i) individuals registered to vote with
respect to elections for Federal office through
the appropriate State motor vehicle authority
under section 5 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-3);
(ii) deaths; and
(iii) individuals convicted of a felony;
with
(B) the official list of the appropriate
jurisdiction of individuals registered, and otherwise
eligible, to vote in such elections.
(2) Study.--In conjunction with the demonstration project
under this subsection, the Federal Election Commission shall
conduct a study of--
(A) the current practices and methods of voting
jurisdictions used to maintain official lists of
registered voters; and
(B) reasons for any failure of such practices and
methods to prevent voting fraud or inaccurate lists.
(c) Project Area and Duration.--
(1) Project area.--The Federal Election Commission shall
implement the project in the voting jurisdictions of St. Louis
County, Missouri, and St. Louis City, Missouri.
(2) Duration.--The project conducted under this section
shall be implemented for a period ending on the date of the
next general election for the office of President and Vice
President.
(d) Report.--Not later than 1 year after the completion of the
demonstration project, the Federal Election Commission shall submit a
report to Congress on the demonstration project and study conducted
under subsection (b) together with such recommendations as the Federal
Election Commission determines appropriate--
(1) regarding resources, technology, and personnel
necessary for maintenance of accurate records; and
(2) legislative and administrative action, including the
feasibility of national standards.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Safeguard the Vote Act - Amends the National Voter Registration Act of 1993 to modify requirements for mail voter registration and maintenance of accurate lists of eligible voters.Amends the Voting Rights Act of 1965 with respect to increased penalties and misrepresentation of voter eligibility.Directs the Federal Election Commission to establish a demonstration project for the purpose of determining the feasibility and advisability of requiring coordination of the official list of registered voters and certain State records to ensure such list is accurate and that eligible voters are not improperly removed from the official list. | {"src": "billsum_train", "title": "A bill to amend the National Voter Registration Act of 1993 to modify the requirements for voter mail registration and for other purposes."} | 1,742 | 122 | 0.517049 | 1.31714 | 0.594736 | 5.414141 | 14.646465 | 0.929293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VISN Reorganization Act of 2012''.
SEC. 2. ADMINISTRATION OF VETERANS INTEGRATED SERVICE NETWORKS.
(a) Veterans Integrated Service Networks.--
(1) In general.--Subchapter I of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7309. Veterans Integrated Service Networks
``(a) Organization.--The Secretary shall organize the Veterans
Health Administration in 12 geographically defined Veterans Integrated
Service Networks.
``(b) Alignment With Mission of Department.--The Secretary shall
ensure that the staff, services, and programs of each Veterans
Integrated Service Network are aligned with the mission of the
Department and the specific health care requirements of each population
of veterans in each Network.
``(c) Implementation of National Goals.--The Secretary shall ensure
that each Veterans Integrated Service Network takes appropriate
measures to implement the national goals of the Department within their
networks and associated medical centers.
``(d) Integrated Health Care System.--The Secretary shall ensure
that each Veterans Integrated Service Network maintains a regional
integrated healthcare system by--
``(1) implementing alliances with such other governmental,
public, and private health care organizations and practitioners
as the Secretary considers appropriate to meet the needs of
veterans in the Network;
``(2) providing oversight and management of, and taking
responsibility for, a regional budget for the activities of the
Veterans Health Administration in the geographic area of the
Network that--
``(A) is aligned with the budget guidelines of the
Department and the Veterans Health Administration; and
``(B) is balanced at the end of each fiscal year;
``(3) using national metrics to develop systems to provide
effective, efficient, and safe delivery of health care that is
rated as highly satisfactory by patients and families of
patients; and
``(4) ensuring high quality clinical programs and services
are rendered in and through--
``(A) the medical centers and outpatient clinics of
the Department that are located in the Network; and
``(B) other non-Department clinical or health care
delivery settings located in the Network.
``(e) Reduction in Duplicate Functions.--The Secretary shall ensure
that the Veterans Integrated Service Networks identify and reduce,
whenever practicable, the duplication of functions in clinical,
administrative, and operational processes and practices of the Veterans
Health Administration.
``(f) Collaboration and Cooperation.--The Secretary shall ensure
that each Veteran Integrated Service Network--
``(1) works to achieve maximum effectiveness in patient
care and safety, graduate medical education, and research; and
``(2) assesses the consolidation or realignment of
institutional functions, including capital asset, safety, and
operational support functions, in collaboration and cooperation
with other Veterans Integrated Service Networks and the
following offices or entities within the geographical area of
the Network:
``(A) The offices of the Veterans Benefits
Administration and the National Cemetery
Administration.
``(B) The offices, installations, and facilities of
the Department of Defense, including the offices,
installations, and facilities of each branch of the
Armed Forces and the reserve components of the Armed
Forces.
``(C) The offices, installations, and facilities of
the Coast Guard.
``(D) Offices of State and local agencies that have
a mission to provide assistance to veterans.
``(E) Medical schools and other affiliates.
``(F) Offices of Congress, offices of State and
local elected officials, and other government offices.
``(G) Federal, State and local emergency
preparedness organizations.
``(H) Community and faith-based organizations.
``(I) Such other offices of the Federal Government
as the Secretary considers appropriate.
``(g) Development and Sharing of Innovations and Practices.--The
Secretary shall ensure that the Veterans Integrated Service Networks
develop and share innovations and best practices with each other at the
local, regional, and national levels.
``(h) Headquarters.--(1) The Secretary shall ensure that each
Veterans Integrated Service Network has only one headquarters office.
``(2) The location of a headquarters office for a Veterans
Integrated Service Network shall be determined by the Secretary and co-
located with a Department of Veterans Affairs medical center.
``(3)(A) The Secretary may employ or contract for the services of
not more than 65 full time equivalent employees and contractors at the
headquarters of each Veterans Integrated Service Network.
``(B) Not less frequently than once each year, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report
on employment at the headquarters of Veterans Integrated Service
Networks during the most recently completed fiscal year.
``(C) Each report submitted under subparagraph (B) shall include
the following for the year covered by the report:
``(i) The number of individuals employed at each
headquarters of a Veterans Integrated Service Network.
``(ii) The number of individuals employed by the Veterans
Health Administration in each Veterans Integrated Service
Network who are not employed at the same location as the
headquarters of the Network.
``(iii) The title for each position of employment at a
headquarters of a Veterans Integrated Service Network.
``(iv) The title for each position of employment with the
Veterans Health Administration in each Veterans Integrated
Service Network that is not at the same location as the
headquarters of the Network.
``(v) An assessment of the impact on the budget of the
Department by the employment of individuals at the headquarters
of the Veterans Integrated Service Networks.
``(i) Triennial Structure Review, Reassessment, and Report.--(1)
Beginning three years after the date of the enactment of this section
and not less frequently than once every three years thereafter, the
Secretary shall conduct a review and assessment of the structure and
operations of the Veterans Integrated Service Networks.
``(2) Not later than 180 days after conducting a review and
assessment under paragraph (1), the Secretary shall submit to the
Committee of Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on such
review and assessment, which shall include such recommendations for
legislative or regulatory action as the Secretary considers appropriate
to improve the Veterans Integrated Service Networks.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 73 of such title is amended by inserting
after the item relating to section 7308 the following new item:
``7309. Veterans Integrated Service Networks.''.
(b) Consolidation of Networks.--
(1) In general.--In order to comply with section 7309(a) of
such title, as added by subsection (a)(1), not later than one
year after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall geographically realign and combine
the 21 Veterans Integrated Service Networks in effect on the
day before the date of the enactment of this Act into 12
geographically defined Veterans Integrated Service Networks as
follows:
(A) Veterans Integrated Service Network 1, Veterans
Integrated Service Network 2, and Veterans Integrated
Service Network 3 shall be combined into a single
Veterans Integrated Service Network.
(B) Veterans Integrated Service Network 4 and
Veterans Integrated Service Network 5 shall be combined
into a single Veterans Integrated Service Network.
(C) Veterans Integrated Service Network 9 and
Veterans Integrated Service Network 10 shall be
combined into a single Veterans Integrated Service
Network.
(D) Veterans Integrated Service Network 11 and
Veterans Integrated Service Network 12 shall be
combined into a single Veterans Integrated Service
Network.
(E) Veterans Integrated Service Network 15 and
Veterans Integrated Service Network 23 shall be
combined into a single Veterans Integrated Service
Network.
(F) Veterans Integrated Service Network 17 and
Veterans Integrated Service Network 18 shall be
combined into a single Veterans Integrated Service
Network.
(G) Veterans Integrated Service Network 19 and
Veterans Integrated Service Network 20 shall be
combined into a single Veterans Integrated Service
Network.
(H) Veterans Integrated Service Network 21 and
Veterans Integrated Service Network 22 shall be
combined into a single Veterans Integrated Service
Network.
(2) Consolidation of headquarters.--
(A) In general.--Except as provided in subsection
(c), for each set of Veterans Integrated Service
Networks consolidated under paragraph (1), the
Secretary shall retain one of the headquarters of such
set in effect on the day before the date of the
enactment of this Act in the same location as in effect
on the day before such date and eliminate any other
headquarters of such set to meet the requirements of
section 7309(h) of title 38, United States Code, as
added by subsection (a).
(B) Reemployment assistance.--For each individual
who's position of employment is eliminated as a result
of eliminating a headquarters under subparagraph (A),
the Secretary shall take such measures as the Secretary
considers practicable to find a new position of
employment for such individual within the Department of
Veterans Affairs.
(3) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committee of Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives
a plan to carry out this subsection.
(c) Relocation of Headquarters.--
(1) In general.--In the case of a headquarters office of a
Veterans Integrated Service Network that on the day before the
date of the enactment of this Act was in a location that was
not co-located with a Department of Veterans Affairs medical
center and the Secretary is engaged in a lease for such
location, the Secretary may--
(A) relocate such headquarters upon the expiration
of such lease so that such headquarters is co-located
as required by section 7309(h)(2) (as added by
subsection (a)(1)); or
(B) notwithstanding section 7309(h)(2) (as so
added), renew such lease or enter into a new lease to
keep such headquarters in such location.
(2) Report.--If the Secretary renews a lease or engages in
a new lease under paragraph (1)(B), the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives,
before renewing such lease or engaging in such lease, a report
describing the reasons for such renewal or engagement. Such
report shall include the following:
(A) A list of Department of Veterans Affairs
medical centers in the Veterans Integrated Service
Network of the headquarters with underutilized
buildings, the number of such buildings, and the total
underutilized square footage for each such medical
center.
(B) The cost of the current lease (the annual
amount of rent, the total cost over the life of the
lease, and the total cost per square foot) and the
current square footage being leased.
(C) The cost of the new lease (the annual amount of
rent, the total cost over the life of the lease, and
the total cost per square foot) and the square footage
to be leased.
SEC. 3. REGIONAL SUPPORT CENTERS FOR VETERANS INTEGRATED SERVICE
NETWORKS.
(a) In General.--Subchapter I of chapter 73 of title 38, United
States Code, as amended by section 2(a), is further amended by adding
at the end the following new section:
``Sec. 7309A. Regional support centers for Veterans Integrated Service
Networks
``(a) Establishment.--The Secretary shall establish not more than
four regional support centers within the Veterans Health Administration
to assess the effectiveness and efficiency of the Veterans Integrated
Service Networks. The head of each regional support center shall report
to the Under Secretary of Health.
``(b) Functions.--The functions of the regional support centers
established under subsection (a) are as follows:
``(1) To assess the quality of work performed within
finance operations and other compliance related activities of
the Veterans Integrated Service Networks.
``(2) To assess how effectively and efficiently each
Veterans Integrated Service Network conducts outreach to
veterans who served in Operation Enduring Freedom, Operation
Iraqi Freedom, Operation New Dawn, or other contingency
operation (as defined in section 101 of title 10).
``(3) To assess how effectively and efficiently each
Veterans Integrated Service Network conducts programs for the
benefit of women veterans.
``(4) To assess how effectively and efficiently each
Veterans Integrated Service Network conducts programs that
address homelessness among veterans.
``(5) To assess how effectively and efficiently each
Veterans Integrated Service Network consumes energy.
``(6) To assess such other matters concerning the
operations and activities of the Veterans Integrated Service
Networks as the Secretary considers appropriate.
``(c) Staff.--The Secretary may hire such employees and contractors
as the Secretary considers appropriate to carry out the functions of
the regional support centers.
``(d) Location of Regional Support Centers.--(1) Except as provided
in paragraph (2), the location of each regional support center
established under subsection (a) shall be determined by the Secretary
and co-located with a Department of Veterans Affairs medical center.
``(2) The Secretary may choose a location for a regional support
center established under subsection (a) that is not co-located with a
Department of Veterans Affairs medical center if the Secretary submits
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives, before engaging
in a lease for such location, a report describing the Secretary's
reasons for choosing a location for the regional support center that is
not co-located with a Department of Veterans Affairs medical center.
Such report shall include the following:
``(A) A list of Department of Veterans Affairs medical
centers in the Veterans Integrated Service Network of the
regional support center with underutilized buildings, the
number of all Veterans Health Administration buildings in such
Network, and the total underutilized square footage for each
medical center in such Network.
``(B) In the case that the Secretary engages in a lease for
the location of the regional support center, the cost of such
lease (the annual amount of rent, the total cost over the life
of the lease, and the total cost per square foot) and the
square footage to be leased.''.
(b) Initial Staffing.--In providing for the initial staff of each
regional support center established under section 7309A(a) of such
title, as added by subsection (a), the Secretary shall, to the degree
practicable, transfer employees from headquarters of Veterans
Integrated Service Networks to regional support centers who were
employed in positions at such headquarters that covered functions
similar to those described in section 7309A(b) of such title, as so
added.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title, as amended by section 2(a)(2), is further
amended by inserting after the item relating to section 7309 the
following new item:
``7309A. Regional support centers for Veterans Integrated Service
Networks.''.
SEC. 4. CONSTRUCTION.
Nothing in this Act shall be construed to require any change in the
location or type of medical care or service provided by a Department of
Veterans Affairs medical center, a Department community based
outpatient clinic, a center for readjustment counseling and related
mental health services for veterans under section 1712A of title 38,
United States Code (known as a ``vet center''), or other facility that
provides direct care or services under a law administered by the
Secretary of Veterans Affairs. | VISN Reorganization Act of 2012 - Directs the Secretary of Veterans Affairs to organize the Veterans Health Administration (VHA) into 12 geographically defined Veterans Integrated Service Networks (VISNs).
Directs the Secretary to ensure that each VISN: (1) is aligned with the mission of the Department of Veterans Affairs (VA) and the specific health care requirements of veterans in that network; (2) implements VA national goals within their network and associated medical centers; (3) maintains a regional integrated health care system; (4) identifies and reduces the duplication of functions in VHA clinical, administrative, and operational processes and practices; (5) works to achieve maximum effectiveness in patient care and safety, graduate medical education, and research; (6) assesses the consolidation or realignment of institutional functions, in collaboration and cooperation with other VISNs and specified offices or entities within their network; and (7) develops and shares innovations and best practices with each other at the local, regional, and national levels.
Prohibits more than one headquarters for each VISN, with no more than 65 full-time employees. Requires the Secretary to report at least annually to the congressional veterans committees on employment at VISN headquarters.
Directs the Secretary, at least every three years, to: (1) review and assess VISN structure and operations, and (2) submit review results to such committees.
Requires the Secretary, in order to comply with the requirements of this Act, to realign and combine the current 21 VISNs into 12 geographically defined VISNs, and to appropriately consolidate VISN headquarters. Directs the Secretary to submit to such committees a realignment implementation plan.
Provides for the relocation of leased VISN headquarters, requiring the Secretary to notify such committees if renewing or engaging in a new lease for any headquarters.
Directs the Secretary to establish up to four regional support centers within the VHA to assess the effectiveness and efficiency of the VISNs. | {"src": "billsum_train", "title": "A bill to require the Secretary of Veterans Affairs to reorganize the Veterans Integrated Service Networks of the Veterans Health Administration, and for other purposes."} | 3,429 | 421 | 0.600945 | 1.940478 | 0.785941 | 3.12938 | 8.830189 | 0.892183 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historic Homeownership Assistance
Act''.
SEC. 2. HISTORIC HOMEOWNERSHIP REHABILITATION CREDIT.
(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 22 the
following new section:
``SEC. 23. HISTORIC HOMEOWNERSHIP REHABILITATION CREDIT.
``(a) General Rule.--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 qualified
rehabilitation expenditures made by the taxpayer with respect to a
qualified historic home.
``(b) Dollar Limitation.--
``(1) In general.--The credit allowed by subsection (a)
with respect to any residence of a taxpayer shall not exceed
$50,000 ($25,000 in the case of a married individual filing a
separate return).
``(2) Carryforward of credit unused by reason of limitation
based on tax liability.--If the credit allowable under
subsection (a) for any taxable year exceeds the limitation
imposed by section 26(a) for such taxable year reduced by the
sum of the credits allowable under this subpart (other than
this section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(c) Qualified Rehabilitation Expenditure.--For purposes of this
section:
``(1) In general.--The term `qualified rehabilitation
expenditure' means any amount properly chargeable to capital
account--
``(A) in connection with the certified
rehabilitation of a qualified historic home, and
``(B) for property for which depreciation would be
allowable under section 168 if the qualified historic
home were used in a trade or business.
``(2) Certain expenditures not included.--
``(A) Exterior.--Such term shall not include any
expenditure in connection with the rehabilitation of a
building unless at least 5 percent of the total
expenditures made in the rehabilitation process are
allocable to the rehabilitation of the exterior of such
building.
``(B) Other rules to apply.--Rules similar to the
rules of clauses (ii) and (iii) of section 47(c)(2)(B)
shall apply.
``(3) Mixed use or multifamily building.--If only a portion
of a building is used as the principal residence of the
taxpayer, only qualified rehabilitation expenditures which are
properly allocable to such portion shall be taken into account
under this section.
``(d) Certified Rehabilitation.--For purposes of this section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `certified rehabilitation' has the meaning
given such term by section 47(c)(2)(C).
``(2) Factors to be considered in the case of targeted area
residences, etc.--
``(A) In general.--For purposes of applying section
47(c)(2)(C) under this section with respect to the
rehabilitation of a building to which this paragraph
applies, consideration shall be given to--
``(i) the feasibility of preserving
existing architectural and design elements of
the interior of such building,
``(ii) the risk of further deterioration or
demolition of such building in the event that
certification is denied because of the failure
to preserve such interior elements, and
``(iii) the effects of such deterioration
or demolition on neighboring historic
properties.
``(B) Buildings to which this paragraph applies.--
This paragraph shall apply with respect to any
building--
``(i) any part of which is a targeted area
residence within the meaning of section
143(j)(1), or
``(ii) which is located within an
enterprise or empowerment zone,
but shall not apply with respect to any building which
is listed in the National Register.
``(3) Cooperative agreements.--The term `certified
rehabilitation' includes a certification made in accordance
with a contract or cooperative agreement between the Secretary
of the Interior and a State Historic Preservation Officer which
authorizes such officer (or a local government certified
pursuant to section 101(c)(1) of the National Historic
Preservation Act), subject to such terms or conditions as may
be specified in such agreement, to certify the rehabilitation of
buildings within the jurisdiction of such officer (or local government)
for purposes of this section.
``(e) Definitions and Special Rules.--For purposes of this section:
``(1) Qualified historic home.--The term `qualified
historic home' means a certified historic structure--
``(A) which has been substantially rehabilitated,
and
``(B) which (or any portion of which)--
``(i) is owned by the taxpayer, and
``(ii) is used (or will, within a
reasonable period, be used) by such taxpayer as
his principal residence.
``(2) Substantially rehabilitated.--The term `substantially
rehabilitated' has the meaning given such term by section
47(c)(1)(C); except that, in the case of any building described
in subsection (d)(2), clause (i)(I) thereof shall not apply.
``(3) Principal residence.--The term `principal residence'
has the same meaning as when used in section 1034.
``(4) Certified historic structure.--
``(A) In general.--The term `certified historic
structure' has the meaning given such term by section
47(c)(3).
``(B) Certain structures included.--Such term
includes any building (and its structural components)
which is designated as being of historic significance
under a statute of a State or local government, if such
statute is certified by the Secretary of the Interior
to the Secretary as containing criteria which will
substantially achieve the purpose of preserving and
rehabilitating buildings of historic significance.
``(5) Enterprise or empowerment zone.--The term `enterprise
or empowerment zone' means any area designated under section
1391 as an enterprise community or an empowerment zone.
``(6) Rehabilitation not complete before certification.--A
rehabilitation shall not be treated as complete before the date
of the certification referred to in subsection (d).
``(7) Lessees.--A taxpayer who leases his principal
residence shall, for purposes of this section, be treated as
the owner thereof if the remaining term of the lease (as of the
date determined under regulations prescribed by the Secretary)
is not less than such minimum period as the regulations
require.
``(8) Tenant-stockholder in cooperative housing
corporation.--If the taxpayer holds stock as a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
stockholder shall be treated as owning the house or apartment
which the taxpayer is entitled to occupy as such stockholder.
``(f) When Expenditures Taken Into Account.--In the case of a
building other than a building to which subsection (g) applies,
qualified rehabilitation expenditures shall be treated for purposes of
this section as made--
``(1) on the date the rehabilitation is completed, or
``(2) to the extent provided by the Secretary by
regulation, when such expenditures are properly chargeable to
capital account.
Regulations under paragraph (2) shall include a rule similar to the
rule under section 50(a)(2) (relating to recapture if property ceases
to qualify for progress expenditures).
``(g) Allowance of Credit for Purchase of Rehabilitated Historic
Home.--
``(1) In general.--In the case of a qualified purchased
historic home, the taxpayer shall be treated as having made (on
the date of purchase) the qualified rehabilitation expenditures
made by the seller of such home.
``(2) Qualified purchased historic home.--For purposes of
this subsection, the term `qualified purchased historic home'
means any substantially rehabilitated certified historic
structure purchased by the taxpayer if--
``(A) the taxpayer is the first purchaser of such
structure after the date rehabilitation is completed,
and the purchase occurs within 5 years after such date,
``(B) the structure (or a portion thereof) will,
within a reasonable period, be the principal residence
of the taxpayer,
``(C) no credit was allowed to the seller under
this section or section 47 with respect to such
rehabilitation, and
``(D) the taxpayer is furnished with such
information as the Secretary determines is necessary to
determine the credit under this subsection.
``(h) Historic Rehabilitation Mortgage Credit Certificate.--
``(1) In general.--The taxpayer may elect, in lieu of the
credit otherwise allowable under this section, to receive a
historic rehabilitation mortgage credit certificate. An
election under this paragraph shall be made--
``(A) in the case of a building to which subsection
(g) applies, at the time of purchase, or
``(B) in any other case, at the time rehabilitation
is completed.
``(2) Historic rehabilitation mortgage credit
certificate.--For purposes of this subsection, the term
`historic rehabilitation mortgage credit certificate' means a
certificate--
``(A) issued to the taxpayer, in accordance with
procedures prescribed by the Secretary, with respect to
a certified rehabilitation,
``(B) the face amount of which shall be equal to
the credit which would (but for this subsection) be
allowable under subsection (a) to the taxpayer with
respect to such rehabilitation,
``(C) which may only be transferred by the taxpayer
to a lending institution in connection with a loan--
``(i) that is secured by the building with
respect to which the credit relates, and
``(ii) the proceeds of which may not be
used for any purpose other than the acquisition
or rehabilitation of such building, and
``(D) in exchange for which such lending
institution provides the taxpayer a reduction
(determined as provided in such regulations) in the
rate of interest on the loan.
``(3) Use of certificate by lender.--The amount of the
credit specified in the certificate shall be allowed to the
lender only to offset the regular tax (as defined in section
55(c)) of such lender. The lender may carry forward all unused
amounts under this subsection until exhausted.
``(i) Recapture.--
``(1) In general.--If, before the end of the 5-year period
beginning on the date on which the rehabilitation of the
building is completed (or, if subsection (g) applies, the date
of purchase of such building by the taxpayer)--
``(A) the taxpayer disposes of such taxpayer's
interest in such building, or
``(B) such building ceases to be used as the
principal residence of the taxpayer,
the taxpayer's tax imposed by this chapter for the taxable year
in which such disposition or cessation occurs shall be
increased by the recapture percentage of the credit allowed
under this section for all prior taxable years with respect to
such rehabilitation.
``(2) Recapture percentage.--For purposes of paragraph (1),
the recapture percentage shall be determined in accordance with
the table under section 50(a)(1)(B), deeming such table to be
amended--
``(A) by striking `If the property ceases to be
investment credit property within--' and inserting `If
the disposition or cessation occurs within--', and
``(B) in clause (i) by striking `One full year
after placed in service' and inserting `One full year
after the taxpayer becomes entitled to the credit'.
``(j) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property (including any purchase under subsection (g) and any
transfer under subsection (h)), the increase in the basis of such
property which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the credit so allowed.
``(k) Processing Fees.--No State may impose a fee for the
processing of applications for the certification of any rehabilitation
under this section unless the amount of such fee is used only to defray
expenses associated with the processing of such applications.
``(l) Denial of Double Benefit.--No credit shall be allowed under
this section for any amount for which credit is allowed under section
47.
``(m) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations where less than all of a building is used as a
principal residence and where more than 1 taxpayer use the same
dwelling unit as their principal residence.''.
(b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code is amended by striking ``and'' at the end of paragraph (24), by
striking the period at the end of paragraph (25) and inserting ``,
and'', and by adding at the end the following new item:
``(26) to the extent provided in section 23(j).''.
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 22 the following new item:
``Sec. 23. Historic homeownership rehabilitation credit.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to rehabilitations the physical work on which begins
after the date of enactment of this Act. | Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a certified historic structure which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which shall be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building. | {"src": "billsum_train", "title": "Historic Homeownership Assistance Act"} | 3,042 | 136 | 0.565002 | 1.495728 | 0.705594 | 2.868421 | 24.552632 | 0.938596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assessing Progress in Haiti Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 12, 2010, an earthquake measuring 7.0 on the
Richter magnitude scale struck the country of Haiti.
(2) According to the United States Geological Survey
(USGS)--
(A) the earthquake epicenter was located
approximately 15 miles southwest of Port-au-Prince, the
capital of Haiti; and
(B) the earthquake was followed by 59 aftershocks
of magnitude 4.5 or greater, the most severe measuring
6.0.
(3) According to the Government of Haiti, more than 316,000
people died as a result of the earthquake, including 103
citizens of the United States and more than 100 United Nations
personnel.
(4) According to the United Nations and the International
Organization for Migration--
(A) an estimated 3,000,000 people were directly
affected by the disaster, nearly one-third of the
country's population; and
(B) more than 2,100,000 people were displaced from
their homes to settlements.
(5) Casualty numbers and infrastructure damage, including
to roads, ports, hospitals, and residential dwellings, place
the earthquake as the worst cataclysm to hit Haiti in over two
centuries and, proportionally, one of the world's worst natural
disasters in modern times.
(6) The Post Disaster Needs Assessment (PDNA) conducted by
the Government of Haiti, the United Nations, the World Bank,
the Inter-American Development Bank, and other experts
estimates that damage and economic losses totaled
$7,804,000,000, approximately 120 percent of Haiti's gross
domestic product in 2009.
(7) Haiti is the poorest, least developed country in the
Western Hemisphere with, prior to the earthquake--
(A) more than 70 percent of Haitians living on less
than $2 per day; and
(B) a ranking of 149 out of 182 countries on the
United Nations Human Development Index.
(8) House Resolution 1021, which was passed on January 21,
2010, on a vote of 411 to 1 expressed--
(A) the House of Representatives' ``deepest
condolences and sympathy for the horrific loss of
life'' caused by the earthquake; and
(B) bipartisan support for Haiti's recovery and
reconstruction.
(9) The initial emergency response of the men and women of
the United States Government, led by the United States Agency
for International Development and United States Southern
Command, was swift and resolute.
(10) United States urban search and rescue (USAR) teams
were immediately activated after the earthquake and deployed
from Fairfax County, Virginia, Los Angeles County, California,
Miami-Dade, Florida, the City of Miami, Florida, and Virginia
Beach, Virginia, to assist the United States Agency for
International Development (USAID) Disaster Assistance Response
Team (DART), and New York City's first responders asked the
Office of U.S. Foreign Disaster Assistance (OFDA) to activate a
New York City urban search and rescue shortly thereafter.
(11) A month after the earthquake, the House of
Representatives unanimously passed House Resolution 1059 which
expressed gratitude to these USAR units, and highlighted that
the 511 United States rescue workers comprised roughly one-
third of the entire international USAR effort in Haiti, and
more than 130 people were rescued from under the rubble in
Haiti by these units.
(12) Individuals, businesses, and philanthropic
organizations across the United States and throughout the
international community responded in support of Haiti and its
populace during this crisis, sometimes in innovative ways such
as fundraising through text messaging.
(13) The Haitian diaspora in the United States, which was
integral to emergency relief efforts--
(A) has annually contributed significant monetary
support to Haiti through remittances; and
(B) continues to seek opportunities to partner with
the United States Agency for International Development
and other agencies to substantively contribute to the
reconstruction of Haiti.
(14) Significant challenges still remain in Haiti as it
works to recover and rebuild.
(15) According to the International Organization for
Migration, approximately 680,000 people remain in spontaneous
and organized camps in Haiti.
(16) According to numerous nongovernmental organizations
and United States contractors, the pace of reconstruction has
lagged significantly behind the original emergency relief
phase.
(17) The widespread irregularities that occurred in the
elections held in Haiti on November 28, 2010, led to outbursts
of violence which undermined the recovery efforts.
(18) On October 21, 2010, an outbreak of cholera was
detected in the Lower Artibonite region.
(19) Initial efforts to contain the epidemic were disrupted
by Hurricane Tomas and resulting widespread flooding, which led
to the spreading and entrenchment of the disease throughout the
country.
(20) According to the Haitian Ministry of Public Health and
Population, as of March 28, 2011--
(A) approximately 4,766 people have died from
cholera; and
(B) approximately 270,991 have been infected from
the disease.
(21) According to the Pan American Health Organization and
the Centers for Disease Control and Prevention, cholera could
spread to as many as 400,000 people within the first year of
the epidemic, potentially causing 7,600 deaths at the current
case fatality rate.
(22) The United States has provided more than $62,523,017
worth of assistance to combat the cholera epidemic, including
by assisting with stockpiling health commodities, equipping
cholera treatments centers, providing public information, and
improving water and sanitation systems.
(23) The efforts to combat the cholera epidemic have helped
to drive the mortality rate from cholera down from nearly 7
percent to 1.7 percent of all contracted cases as of February
25, 2011.
(24) Throughout the series of crises, the people of Haiti
continue to demonstrate unwavering resilience, dignity, and
courage.
(25) On March 20, 2011, presidential and parliamentary
elections were held in Haiti without major disruptions or
problems.
(26) At the international donors conference ``Towards a New
Future for Haiti'' held on March 31, 2010, 59 donors pledged
over $5,000,000,000 to support Haiti.
(27) The United Nations Office of the Special Envoy for
Haiti estimates that nearly $1,900,000,000 has been disbursed,
with an additional amount of approximately $2,000,000,000
committed.
(28) Haiti will need the support of the international
community in order to confront the ongoing cholera epidemic and
to promote reconstruction and development.
SEC. 3. REPORT.
(a) Report Required.--Not later than six months after the date of
the enactment of this Act, the President, in consultation with the
heads of all relevant agencies, including the Department of State, the
United States Agency for International Development, the Department of
Defense, the Department of Health and Human Services, and the Centers
for Disease Control and Prevention shall transmit to Congress a report
on the status of post-earthquake humanitarian, reconstruction, and
development efforts in Haiti, including efforts to prevent the spread
of cholera and treat persons infected with the disease.
(b) Contents.--The report required by subsection (a) shall include
a description, analysis, and evaluation of the--
(1) overall progress of relief, recovery, and
reconstruction in Haiti, including--
(A) programs and projects of the United States
Government;
(B) programs and projects to protect vulnerable
populations, such as internally displaced persons,
children, women and girls, and persons with
disabilities; and
(C) projects to improve water, sanitation, and
health, and plans for improvements in these areas in
the long-term;
(2) extent to which United States and international efforts
are in line with the priorities of the Government of Haiti and
are actively engaging and working through Haitian ministries
and local authorities;
(3) coordination among United States Government agencies,
and coordination between the United States Government and
United Nations agencies, international financial institutions,
and other bilateral donors;
(4) mechanisms for communicating the progress of recovery
and reconstruction efforts to Haitian citizens, as well as
recommendations on how these can be improved;
(5) mechanisms through which Haitian civil society,
including vulnerable populations, is actively participating in
all major stages of recovery and reconstruction efforts, and
recommendations on how these can be improved;
(6) mechanisms through which the Haitian diaspora is
involved in recovery and reconstruction efforts; and
(7) suitability of Haiti to receive aliens who are removed,
excluded, or deported from the United States pursuant to United
States law, and steps Haiti is taking to strengthen its
capacity in this regard.
(c) Use of Previously Appropriated Funds.--Funding for the report
required under subsection (a) shall derive from existing discretionary
funds of the departments and agencies specified in such subsection. | Assessing Progress in Haiti Act - Directs the President to report to Congress on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease.
Requires such report to evaluate: (1) the overall progress of relief, recovery, and reconstruction in Haiti, including U.S. government programs, programs to protect vulnerable populations, and projects to improve water, sanitation, and health; (2) the extent to which U.S. and international efforts are in line with the government of Haiti's priorities and are working through Haitian ministries and local authorities; (3) coordination among U.S. government agencies and coordination between the U.S. government and U.N. agencies, international financial institutions, and other bilateral donors; (4) mechanisms for communicating the progress of recovery and reconstruction to Haitian citizens; (5) mechanisms through which Haitian civil society and the Haitian diaspora are participating in recovery and reconstruction; and (6) Haiti's suitability to receive aliens who are removed, excluded, or deported from the United States and steps Haiti is taking to strengthen its capacity in this regard. | {"src": "billsum_train", "title": "To measure the progress of relief, recovery, reconstruction, and development efforts in Haiti following the earthquake of January 12, 2010, and for other purposes."} | 1,854 | 251 | 0.491209 | 1.455661 | 0.76109 | 5.5 | 8.340909 | 0.981818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Care Act of
2005''.
SEC. 2. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES.
(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:
``SEC. 45J. EMPLOYEE HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of a
qualified small employer, the employee health insurance expenses credit
determined under this section is an amount equal to the applicable
percentage of the amount paid by the taxpayer during the taxable year
for qualified employee health insurance expenses.
``(b) Applicable Percentage.--
``(1) In general.--For purposes of subsection (a), the
applicable percentage is--
``(A) 50 percent in the case of an employer with
less than 26 qualified employees,
``(B) 40 percent in the case of an employer with
more than 25 but less than 36 qualified employees,
``(C) 30 percent in the case of an employer with
more than 35 but less than 51 qualified employees,
``(D) 20 percent in the case of an employer with
more than 50 but less than 76 qualified employees, and
``(E) 10 percent in the case of an employer with
more than 75 but less than 101 qualified employees.
``(2) High contribution bonus.--With respect to any taxable
year during which a qualified small employer pays 100 percent
of qualified employee health insurance expenses for the
qualified employees of the small employer, the applicable
percentage otherwise determined for such taxable year under the
preceding paragraph shall be increased by 5 percentage points.
``(c) Per Employee Dollar Limitation.--The amount of qualified
employee health insurance expenses taken into account under subsection
(a) with respect to any qualified employee for any taxable year shall
not exceed the maximum employer contribution for self-only coverage or
family coverage (as applicable) determined under section 8906(a) of
title 5, United States Code, for the calendar year in which such
taxable year begins.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified small employer.--
``(A) In general.--The term `qualified small
employer' means any small employer which--
``(i) provides eligibility for health
insurance coverage (after any waiting period
(as defined in section 9801(b)(4))) to all
qualified employees of the employer,
``(ii) pays at least 70 percent of the cost
of such coverage (60 percent in the case of
family coverage) for each qualified employee,
and
``(iii) in the case of a small employer
which is located in a State which has
established a health insurance purchasing pool
under section 3 of the Small Business Health
Care Act of 2005, joins such pool.
``(B) Transition rule for new plans.--
``(i) In general.--If a small employer (or
any predecessor) did not provide health
insurance coverage to the qualified employees
of the employer during the employer's
precompliance period, then subparagraph (A)
shall be applied to such employer for the first
5 taxable years following such period by
substituting `50 percent' for `70 percent' in
clause (ii) (or for `60 percent' in such
clause, in the case of family coverage).
``(ii) Precompliance period.--For purposes
of clause (i), the precompliance periods are--
``(I) the period beginning with the
small employer's taxable year preceding
its first taxable year beginning after
the date of the enactment of this
section, and
``(II) the period beginning with
the small employer's taxable year
preceding the first taxable year for
which the employer meets the
requirement of subparagraph (A)(i).
An employer not in existence for any period
shall be treated in the same manner as an
employer which is in existence and not
providing coverage.
``(C) Small employer.--
``(i) In general.--For purposes of this
paragraph, the term `small employer' means,
with respect to any calendar year, any employer
if such employer employed an average of not
less than 2 and not more than 100 qualified
employees on business days during either of the
2 preceding calendar years. For purposes of the
preceding sentence, a preceding calendar year
may be taken into account only if the employer
was in existence throughout such year.
``(ii) Employers not in existence in
preceding year.--In the case of an employer
which was not in existence throughout the 1st
preceding calendar year, the determination
under clause (i) shall be based on the average
number of qualified employees that it is
reasonably expected such employer will employ
on business days in the current calendar year.
``(2) Qualified employee health insurance expenses.--
``(A) In general.--The term `qualified employee
health insurance expenses' means any amount paid by an
employer for health insurance coverage to the extent
such amount is attributable to coverage provided to any
employee while such employee is a qualified employee.
``(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
``(C) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by
section 9832(b)(1).
``(3) Qualified employee.--The term `qualified employee'
means an employee of an employer who, with respect to any
period, is not provided health insurance coverage under--
``(A) a health plan of the employee's spouse,
``(B) title XVIII, XIX, or XXI of the Social
Security Act,
``(C) chapter 17 of title 38, United States Code,
``(D) chapter 55 of title 10, United States Code,
``(E) chapter 89 of title 5, United States Code, or
``(F) any other provision of law.
``(4) Employee.--The term `employee'--
``(A) means any individual, with respect to any
calendar year, who is reasonably expected to receive at
least $5,000 and not more than $100,000 of compensation
from the employer during such year,
``(B) does not include an employee within the
meaning of section 401(c)(1), and
``(C) includes a leased employee within the meaning
of section 414(n).
``(5) Compensation.--The term `compensation' means amounts
described in section 6051(a)(3).
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
``(f) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
qualified employee health insurance expenses taken into account under
subsection (a).''.
(b) Credit to Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (18),
by striking the period at the end of paragraph (19) and inserting ``,
plus'', and by adding at the end the following:
``(20) the employee health insurance expenses credit
determined under section 45J.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45J. Employee health insurance expenses.''.
(d) Employer Outreach.--The Internal Revenue Service shall, in
conjunction with the Small Business Administration, develop materials
and implement an educational program to ensure that business personnel
are aware of--
(1) the eligibility criteria for the tax credit provided
under section 45J of the Internal Revenue Code of 1986 (as
added by this section),
(2) the methods to be used in calculating such credit, and
(3) the documentation needed in order to claim such credit,
so that the maximum number of eligible businesses may claim the
tax credit.
(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. HEALTH INSURANCE PURCHASING POOLS.
(a) Matching Funds for Operation of Pools.--
(1) In general.--In the case of a State or a unit of local
government that establishes a health insurance purchasing pool,
the Secretary of Health and Human Services shall provide, from
the funds allocated under subsection (b), a grant equal to the
applicable percentage of the administrative costs associated
with such pool.
(2) Applicable percentage.--For purposes of paragraph (1),
the applicable percentage is--
(A) 75 percent for the initial year of the grant;
(B) 50 percent for year succeeding the year to
which subparagraph (A) is applicable;
(C) 25 percent for the year succeeding the year to
which subparagraph (B) is applicable; and
(D) zero thereafter.
(3) Special rule for local government purchasing pools.--
The Secretary of Health and Human Services shall not provide a
grant under this section to any unit of a local government
unless such unit of local government submits to the Secretary a
certificate from the State in which such unit of local
government is located authorizing such grant.
(4) Health insurance purchasing pool.--For purposes of this
section, the term ``health insurance purchasing pool'' means a
purchasing pool for small employers (as defined under section
45J of the Internal Revenue Code of 1986) for the purpose of
providing health insurance coverage (as defined in such
section) to qualified employees (as defined in such section).
(b) Funding.--Out of the money in the Treasury of the United States
not otherwise appropriated, there are authorized and appropriated such
sums as are necessary to carry out this section. | Small Business Health Care Act of 2005 - Amends the Internal Revenue Code to allow certain small employers (with between two and 100 employees) a business tax credit for a specified percentage of the health insurance costs of their employees.
Directs the Internal Revenue Service, in conjunction with the Small Business Administration, to develop and implement an educational program to inform businesses of the health insurance tax credit provided by this Act.
Directs the Secretary of Health and Human Services to make matching grants to state and local governments for the operation of health insurance purchasing pools. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for a tax credit for offering employer-based health insurance coverage and to provide for the establishment of health insurance purchasing pools."} | 2,303 | 112 | 0.529189 | 1.141055 | 0.35915 | 3.018868 | 20.122642 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Job Corps Act of
2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are millions of young people ages 16 through 24
who are neither in school nor in the labor force.
(2) According to a report issued by the Community Service
Society in June 2008, entitled ``Out of Focus: A Snapshot of
Public Funding to Reconnect Youth to Education and
Employment'', the young people described in paragraph (1),
often referred to as disconnected youth, are largely youth of
color from poor communities and at risk of becoming permanently
disengaged from the labor market which threatens their ability
to break out of the cycle of poverty and contribute to our
economy and communities.
(3) When our young people lack the skills that local
industries need and are unable to support themselves, we all
bear the financial costs.
(4) In the coming years, the combination of public
transportation industry growth and an aging workforce will
produce sizeable new openings in the transit sector.
(5) There is no pipeline of replacements on the horizon,
and the transit industry has been limited in its ability to
attract, recruit, and retain employees.
(6) For the existing workforce, new technology is rapidly
changing the way transit agencies function, affecting every
sector of the workforce, including executive directors, mid-
level managers, bus operators, and mechanics, yet relatively
few programs exist to provide training to workers so that they
can perform their jobs adequately, move up the career ladder,
and help the Nation's transit agencies operate at maximum
efficiency.
SEC. 3. WORKFORCE DEVELOPMENT PROGRAMS.
(a) Workforce Development Program.--Title 49, United States Code,
is amended--
(1) by striking section 5322; and
(2) by inserting the following:
``SEC. 5322. WORKFORCE DEVELOPMENT PROGRAMS.
``(a) Joint Workforce Development Councils.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Transportation Job Corps Act of 2008, the
Administrator of the Federal Transit Administration shall
establish a workforce development council in each of its 10
regions.
``(2) Composition.--The management of each public transit
agency and the labor organization representing the majority of
employees at each such transit agency in a region shall select
one representative for the council established under paragraph
(1). The selected individuals from each transit agency shall
elect, by majority vote from among members of such council, a
governing board for such region, including a co-chairperson
from among the representatives from labor and a co-chairperson
from among the representatives from management.
``(b) Regional Governing Boards.--
``(1) Composition of governing boards.--The governing board
for each region shall be composed of not more than 10 members
elected by the Council pursuant to subsection (a)(2).
``(2) Duties.--The governing board for each region shall--
``(A) identify skills gaps in transit agency
maintenance departments and develop programs to train
maintenance employees and fixed route and paratransit
operators on a regional basis;
``(B) develop programs to address the recruitment
and retention of managerial and nonmanagerial
employees;
``(C) initiate relationships with nontransportation
sector industries, associations, and groups in the
public and private sector to develop best practices in
training and skills development and determine
appropriate ways to collaborate on behalf of
disconnected youth;
``(D) conduct research on transit workforce
development issues and develop best practices for
recruitment, training, and retention of employees;
``(E) conduct research on the extent of labor
market disconnection among disconnected youth and
assess the provision of employment services for such
youth;
``(F) make recommendations to the Secretary and to
public transit agencies regarding how to expand current
employment training programs, outreach programs to
increase minority and female employment in public
transportation activities, and apprenticeship programs;
and
``(G) develop programs and make recommendations to
public transit agencies to address issues related to
workplace quality of life issues, including
absenteeism, scheduling, child care, and other issues
that may be necessary to improve recruitment and
retention of employees.
``(3) Ex officio members.--
``(A) Possible appointments.--The Administrator may
appoint non-voting ex officio members to each regional
governing board from among representatives of nonprofit
organizations, research organizations, and any other
group or individual the Administrator believes would
contribute to the board.
``(B) Appointments for international transportation
learning center and federal transit administrators.--
The Administrator shall appoint as a non-voting ex-
officio member to the regional governing board of the
respective region--
``(i) one or more representatives of the
International Transportation Learning Center
which administers the transit career ladder
training program authorized by section 3046 of
the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users
(Public Law 109-59);
``(ii) the Federal Transit Administrators
of each of the 10 regions; and
``(iii) an individual who has expertise in
youth development programs.
``(c) Grant Programs.--
``(1) In general.--The Secretary, acting through the
Administrator and taking into account the recommendations of
the governing boards under subsection (a), shall establish
grant programs described in subparagraphs (A) through (C) as
follows:
``(A) Transit youth opportunity.--
``(i) Basic skills education and pre-
apprenticeship skills.--The Administrator shall
accept applications for grants from nonprofit
organizations and public or privately funded
educational institutions providing academic or
technical instruction to encourage and
introduce disconnected youth who are out of
school and not employed for a period of not
less than 6 months to a variety of careers in
the transit industry by providing such youths
with basic skills education, if necessary, and
pre-apprenticeship skills. The Administrator
shall give priority for such grants to
organizations with a proven record of success
in providing disconnected youth with basic
education and pre-apprenticeship skills.
``(ii) Apprenticeships.--The Administrator
shall accept applications from partnerships of
transit agencies and the unions representing
non-managerial employees for grants to develop
labor-management apprenticeship programs for a
variety of transit-related jobs, by giving
priority to individuals who have successfully
completed a pre-apprenticeship program pursuant
to clause (i).
``(B) Transit worker education and retention
grants.--The Administrator shall accept applications
from partnerships of transit agencies and the unions
representing non-managerial employees for grants--
``(i) to develop education programs in a
variety of training settings for transit
employees from diverse population groups to
maintain and improve job skills and advance a
career; and
``(ii) assisting individuals to obtain
education and training required to enter the
transit profession and advance within such
profession, such as by providing career
counseling and mentoring.
``(C) Workforce diversity grants.--The
Administrator shall accept applications from
partnerships of transit agencies and the unions
representing non-managerial employees for a grant to
develop special projects to increase education
opportunities within the transit industry for
individuals who are from disadvantaged backgrounds,
including racial and ethnic minorities under-
represented among transit management, by providing
student scholarships or stipends, pre-entry
preparation, and retention activities.
``(2) Funding.--In addition to the amounts set forth in
section 5315(d), there are authorized to be appropriated--
``(A) to carry out subsections (a) and (b)
$10,000,000 for each of fiscal years 2010 through 2011;
and
``(B) to carry out subsection (c) $90,000,000 for
each of fiscal years 2010 and 2011.
``(3) Grant requirements.--A grant under this section shall
be subject to all requirements of a grant under section 5307.
``(d) Certification.--The Administrator shall develop a category on
`Workforce Development' on its annual Certifications and Assurances for
Federal Transit Administration Assistance Programs in accordance with
section 5323(n), and include such category as one of the areas of
certification beginning in fiscal year 2010. Such category shall
require transit agencies to develop short-range and long-range planning
with regard to workforce development matters, with a particular focus
on the recruitment, retention, and training of managerial and non-
managerial employees.
``(e) Definition.--For purposes of this section, the term
`disconnected youth' means individuals ages 16 through 24 who are out
of school and not employed and composed primarily of youth of color
from poor communities and at risk of becoming permanently disengaged
from the labor market which threatens their ability to break out of the
cycle of poverty and contribute to our economy and communities.''. | Transportation Job Corps Act of 2008 - Requires the Administrator of the Federal Transit Administration (FTA) to establish workforce development councils and governing boards in each of its ten regions. Replaces the current discretionary grant and contract programs addressing human resource needs as they apply to public transportation activities.
Directs the Secretary of Transportation, acting through the Administrator, to establish programs for the award of grants to: (1) nonprofit organizations and educational institutions to introduce disconnected youth (ages 16 through 24 who are unemployed and out of school) to careers in the transit industry by providing them with basic skills education and pre-apprenticeship skills; (2) partnerships of transit agencies and unions representing non-managerial employees to develop education programs to improve job skills of transit employees and to provide education and training to assist individuals to enter the transit profession; and (3) the same or similar partnerships to develop special projects to increase education opportunities for disadvantaged transit industry individuals, including racial and ethnic minorities underrepresented in transit management, by providing student scholarships, pre-entry preparation, and retention activities. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to expand and improve transit training programs."} | 1,908 | 226 | 0.583949 | 1.817361 | 0.792529 | 2.728155 | 8.956311 | 0.902913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acupuncture for Our Heroes Act''.
SEC. 2. INCLUSION OF ACUPUNCTURIST SERVICES AT VETERANS HEALTH
FACILITIES.
(a) Acupuncturist Services.--
(1) In general.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1720I. Provision of acupuncturist services
``(a) In General.--The Secretary shall carry out a program to
provide acupuncturist services to veterans enrolled in the health care
system established under section 1705(a) of this title (without the
requirement of a referral).
``(b) Locations.--The program under subsection (a) shall be carried
out at in at least one facility of the Department in each Veterans
Integrated Service Network. In selecting such facilities, the Secretary
shall ensure that the program is carried out in both urban and rural
areas.
``(c) Services Available.--The Secretary shall ensure that the
acupuncturist services available under the program are able to address,
at a minimum, the following:
``(1) Chronic and acute pain.
``(2) Cancer pain.
``(3) Postoperative nausea and vomiting.
``(4) Postsurgical gastroparesis syndrome.
``(5) Opioid-induced constipation.
``(6) Opioid-induced pruritus.
``(7) Chemotherapy-induced neuropathy.
``(8) Aromatase inhibitor-associated joint pain.
``(9) Neck dissection-related pain and dysfunction.
``(10) Stress management.
``(11) Mental health conditions.
``(12) Substance abuse.
``(13) Symptoms relating to traumatic brain injury and
post-traumatic stress.
``(d) Administration.--(1) The Secretary shall carry out the
program through--
``(A) qualified acupuncturists appointed as employees of
the Department located at medical centers and clinics of the
Department; and
``(B) through contract qualified acupuncturists if--
``(i) the Secretary is unable to make appointments
described in subparagraph (A);
``(ii) a patient requires specialty care that an
employee under such subparagraph is not able to provide
to the patient; or
``(iii) there is an emergency that requires the use
of such a contract acupuncturist.
``(2) The Secretary shall provide training and materials to health
care providers of the Department who provide primary care to veterans
to explain the benefits of acupuncturist services.
``(3) In this section, the term `qualified acupuncturist' means,
with respect to the furnishing of services in a State, an individual
who licensed or certified in the State in which the services are
furnished, or, in the case of services furnished in a State that does
not provide for such licensure or certification, meets such criteria
(such as accreditation through an appropriate nationally recognized
certification authority for acupuncturists) as the Secretary may
specify. In specifying such requirements, the Secretary may use the
same requirements as those established by such a certification
authority.
``(e) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1720H the following new section:
``1720I. Provision of acupuncturist services.''.
(3) Conforming amendment.--Section 1701(6) of such title is
amended by adding at the end the following new subparagraph:
``(H) Acupuncturist services in accordance with
section 1720I of this title.''.
(b) Advisory Committee.--
(1) In general.--Subchapter III of chapter 5 of such title
is amended by adding at the end the following new section:
``Sec. 547. Advisory committee on acupuncturist services
``(a) Acupuncture Advisory Committee.--(1) The Secretary shall
establish an advisory committee to be known as the `Advisory Committee
on Acupuncturist Services' (in this section referred to as the
`Committee') to provide the Secretary with assistance and advice in the
development and implementation of the program established by section
1720I of this title.
``(2) The Committee shall consist of members appointed by the
Secretary from the general public, including--
``(A) not fewer than five practicing acupuncturists, of
which at least four shall be State licensed acupuncturists;
``(B) one veteran from each of the Armed Forces; and
``(C) not fewer than two representatives from veterans
service organizations.
``(b) Duties.--The Committee shall--
``(1) review and evaluate the ability of a veteran to
access an acupuncturist at facilities of the Department;
``(2) advise the Secretary with respect to--
``(A) protocols governing direct access to
acupuncture care;
``(B) protocols governing the scope of practice of
acupuncture practitioners;
``(C) the definitions of services to be provided by
acupuncturists; and
``(D) such other matters the Secretary determines
appropriate; and
``(3) upon the determination of the Secretary that the
program of acupuncturist services under section 1720I of this
title has been fully implemented, submit to the Secretary a
report containing the evaluation of the Committee of the
implementation of such program.
``(c) Chairman.--The Secretary shall designate one member of the
Committee to serve as the chairman of the Committee.
``(d) Meetings.--The Committee shall meet at the call of the
Chairman, but not fewer than three times during each fiscal year,
beginning in the fiscal year following the fiscal year in which this
section is enacted.
``(e) Report.--Following the date on which the Committee submits to
the Secretary the report under subsection (b)(4), the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report containing the following:
``(1) A copy of the Committee report, together with the
comments of the Secretary on the report.
``(2) An explanation of the criteria and rationale that the
Secretary used to determine that the program of acupuncturist
services under section 1720I of this title was fully
implemented, as described in such subsection (b)(4).
``(3) The views of the Secretary regarding the future
implementation of such program.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 546 the following new item:
``547. Advisory committee on acupuncturist services.''.
(c) Conforming Amendments.--
(1) Authority for appointments.--Section 7401(1) of title
38, United States Code, is amended by inserting
``acupuncturists,'' after ``chiropractors,''.
(2) Period of appointments.--Section 7403 of such title is
amended by adding at the end the following new subparagraph:
``(I) Acupuncturists.''.
(3) Pay.--Section 7404 of such title is amended by adding
at the end the following new subsection:
``(f) The position of acupuncturist specified in section 7401(1) of
this title shall be the grade of GS-12 or higher under the General
Schedule under section 5332 of title 5.''.
(4) Malpractice and negligence suits.--Section 7316(a)(2)
of such title is amended by inserting ``acupuncturist,'' after
``chiropractor,''.
(5) Hours and conditions.--Section 7421(b) of such title is
amended by adding at the end the following new paragraph:
``(9) Acupuncturists.''.
(6) Effective date.--The amendments made by paragraph (4)
apply with respect to services provided on or after the date
that is 270 days after the date of enactment of this Act. | Acupuncture for Our Heroes Act This bill provides access to qualified acupuncturist services for veterans enrolled in the Department of Veterans Affairs (VA) health care system. The VA shall carry out such program at in at least one VA facility in each Veterans Integrated Service Network in both urban and rural areas. The VA shall establish the Advisory Committee on Acupuncturist Services, which shall: (1) review and evaluate the ability of a veteran to access an acupuncturist at VA facilities, and (2) advise the VA on governing protocols. | {"src": "billsum_train", "title": "Acupuncture for Our Heroes Act"} | 1,840 | 115 | 0.601838 | 1.613201 | 0.605774 | 3.705882 | 15.95098 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Express Appeals Act''.
SEC. 2. PILOT PROGRAM ON FULLY DEVELOPED APPEALS.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a pilot program to provide the option of an alternative appeals process
that shall more quickly determine such appeals in accordance with this
section.
(b) Election.--
(1) Filing.--In accordance with paragraph (2), a claimant
may elect to file a fully developed appeal under the pilot
program under subsection (a) by filing with the Secretary the
following:
(A) The notice of disagreement under chapter 71 of
title 38, United States Code, along with the written
election of the claimant to have the appeal determined
under the pilot program.
(B) All evidence that the claimant believes is
needed for the appeal as of the date of the filing.
(C) A statement of the argument in support of the
claim, if any.
(2) Timing.--A claimant shall make an election under
paragraph (1)--
(A) if the claimant has filed a traditional appeal
with respect to the claim for disability compensation
before the date on which the pilot program under
subsection (a) commences, at any time during the
traditional appeal process, notwithstanding paragraph
(1)(A); or
(B) if the claimant has not so filed a traditional
appeal with respect to the claim for disability
compensation before such date, as part of the notice of
disagreement filed by the claimant in accordance with
paragraph (1)(A).
(3) Change of processing.--If a claimant described in
paragraph (2)(A) seeks to elect to make an election under
paragraph (1) to change a traditional appeal to a fully
developed appeal, the Secretary shall--
(A) inform the claimant of whether, in light of
such traditional appeal being processed, the claimant
will achieve any time savings through such a fully
developed appeal; and
(B) if the claimant elects to file such fully
developed appeal, process the fully developed appeal in
accordance with this section to the extent practicable.
(4) Reversion.--At any time, a claimant who makes an
election under paragraph (1) may elect to revert to the
traditional appeals process without any penalty to the claimant
other than the loss of the docket number associated with the
fully developed appeal.
(5) Use of fully developed appeal.--A claimant may only
make an election under paragraph (1) with respect to a claim
for disability compensation filed by the claimant that is not,
with respect to a claim previously decided by fully developed
appeal, a petition to reopen the claim or a separate claim for
an increased rating for the claim.
(6) Outreach.--In providing claimants with notices of the
determination of a claim during the period in which the pilot
program under subsection (a) is carried out, the Secretary
shall provide to the claimant information regarding--
(A) the pilot program;
(B) how to make an election under paragraph (1);
(C) what documents the claimant must provide during
the course of the appeals process; and
(D) the ability of the claimant to seek advice and
education regarding such process from veterans service
organizations and attorneys recognized under chapter 59
of title 38, United States Code.
(c) Treatment by Department and Board.--
(1) Process.--Upon the election of a claimant to file a
fully developed appeal pursuant to subsection (b)(1), the
Secretary shall--
(A) not provide the claimant with a statement of
the case nor require the claimant to file a substantive
appeal; and
(B) transfer jurisdiction over the fully developed
appeal directly to the Board of Veterans' Appeals.
(2) Docket.--
(A) The Board of Veterans' Appeals shall--
(i) maintain fully developed appeals on a
separate docket than traditional appeals;
(ii) hear fully developed appeals in the
order that the fully developed appeals are
received on the fully developed appeal docket;
(iii) except as provided by subparagraph
(B), decide not more than one fully developed
appeal for each four traditional appeals
decided; and
(iv) to the extent practicable, decide each
fully developed appeal by the date that is one
year following the date on which the claimant
files the notice of disagreement.
(B) Beginning one year after the date on which the
pilot program under subsection (a) commences, the Board
may adjust the number of traditional appeals decided
for each fully developed appeal under subparagraph
(A)(iii) if the Board determines that such adjustment
is fair for both traditional appeals and fully
developed appeals.
(3) Limitation on use of new evidence.--A claimant may not
submit to the Board of Veterans' Appeals any new evidence
relating to a fully developed appeal after filing such appeal
unless the claimant reverts to the traditional appeals process
pursuant to subsection (b)(4).
(4) Prohibition on remand to regional office.--If the Board
of Veterans' Appeals determines that a fully developed appeal
requires Federal records, independent medical opinions, or new
medical exams, the Board shall--
(A) in accordance with paragraph (5), take such
actions as may be necessary to develop such records,
opinions, or exams;
(B) retain jurisdiction of the fully developed
appeal without requiring a determination by the
Veterans Benefits Administration based on such records,
opinions, or exams;
(C) ensure the claimant receives a copy of such
records, opinions, or exams; and
(D) provide the claimant a period of 45 days after
the receipt of such records, opinions, or exams to
provide the Board any additional evidence.
(5) Development unit.--
(A) The Board of Veterans' Appeals shall establish
an office to develop Federal records, independent
medical opinions, and new medical exams pursuant to
paragraph (4)(A) that the Board determines necessary to
decide a fully developed appeal.
(B) The Secretary shall--
(i) ensure that the Veterans Benefits
Administration cooperates with the Board of
Veterans' Appeals in carrying out subparagraph
(A); and
(ii) transfer employees of the Appeals
Management Center of the Veterans Benefits
Administration to the office of the Board
established under subparagraph (A) in a number
that the Secretary determines sufficient to
carry out such subparagraph.
(6) Hearings.--Notwithstanding section 7107 of title 38,
United States Code, the Board of Veterans' Appeals may not
provide hearings with respect to fully developed appeals. A
claimant may request to hold a hearing pursuant to such section
7107 if the claimant reverts to the traditional appeals process
pursuant to subsection (b)(4).
(d) Duration; Application.--The Secretary shall carry out the pilot
program under subsection (a) for a five-year period beginning one year
after the date of the enactment of this Act. This section shall apply
only to fully developed appeals that are filed during such period.
(e) Reports.--During each year in which the pilot program under
subsection (a) is carried out, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the pilot program. The first such report shall be
submitted by not later than 180 days after the date on which the pilot
program commences. Each report shall include--
(1) a recommendation for any changes to improve the pilot
program; and
(2) an assessment of the feasibility and advisability of
expanding the pilot program.
(f) Definitions.--In this section:
(1) The term ``claimant'' has the meaning given that term
in section 5100 of title 38, United States Code.
(2) The term ``compensation'' has the meaning given that
term in section 101 of title 38, United States Code.
(3) The term ``fully developed appeal'' means an appeal of
a claim for disability compensation that is--
(A) filed by a claimant in accordance with
subsection (b)(1); and
(B) considered in accordance with this section.
(4) The term ``traditional appeal'' means an appeal of a
claim for disability compensation that is not a fully developed
appeal. | Express Appeals Act Directs the Secretary of Veterans Affairs to: (1) carry out a five-year pilot program to provide the option of an alternative appeals process to determine appeals of claims for disability compensation more quickly, and (2) inform claimants about such program. Describes appeals filed under the pilot program as "fully developed appeals." Authorizes a claimant to elect to file a fully developed appeal by filing with the Secretary: (1) a notice of disagreement along with the claimant's written election to have the appeal determined under the pilot program, (2) all evidence that the claimant believes is needed for the appeal, and (3) a statement of the argument in support of the claim. Requires the Secretary to transfer jurisdiction over a fully developed appeal directly to the Board of Veterans' Appeals. Requires a claimant to make such election: (1) at any time during the traditional appeal process if the claimant has filed a traditional appeal before the pilot program commences, or (2) when the claimant files the notice of disagreement if the claimant has not filed a traditional appeal. Directs the Secretary to inform a claimant who seeks to change a traditional appeal to a fully developed appeal as to whether any time will be saved. Allows a claimant who elects to file a fully developed appeal to elect to revert to a traditional appeal at any time. Requires the Board of Veterans' Appeals to: (1) maintain fully developed appeals on a separate docket; (2) hear fully developed appeals in the order received; (3) decide not more than one fully developed appeal for each four traditional appeals decided, though this ratio may be adjusted for fairness purposes beginning one year after the pilot program begins; and (4) decide, to the extent practicable, each fully developed appeal within one year of a claimant's filing the notice of disagreement. Sets forth provisions regarding: (1) the effects of new evidence submitted or additional information needed after a fully developed appeal is filed, and (2) a prohibition against the Board providing hearings for fully developed appeals. Directs the Board to establish an office to develop federal records, independent medical opinions, and new medical exams that the Board deems necessary to decide a fully developed appeal. | {"src": "billsum_train", "title": "Express Appeals Act"} | 1,809 | 491 | 0.789179 | 2.749896 | 0.946041 | 3.817972 | 3.921659 | 0.93318 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent All Soring Tactics Act of
2015'' or the ``PAST Act''.
SEC. 2. INCREASED ENFORCEMENT UNDER HORSE PROTECTION ACT.
(a) Definitions.--Section 2 of the Horse Protection Act (15 U.S.C.
1821) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1)(A) The term `action device' means any boot, collar,
chain, roller, or other device that encircles or is placed upon
the lower extremity of the leg of a horse in such a manner that
it can--
``(i) rotate around the leg or slide up and down
the leg, so as to cause friction; or
``(ii) strike the hoof, coronet band, fetlock
joint, or pastern of the horse.
``(B) Such term does not include soft rubber or soft
leather bell boots or quarter boots that are used as protective
devices.''; and
(3) by adding at the end the following new paragraph:
``(6)(A) The term `participate' means engaging in any
activity with respect to a horse show, horse exhibition, or
horse sale or auction, including--
``(i) transporting or arranging for the
transportation of a horse to or from a horse show,
horse exhibition, or horse sale or auction;
``(ii) personally giving instructions to an
exhibitor; or
``(iii) being knowingly present in a warm-up area,
inspection area, or other area at a horse show, horse
exhibition, or horse sale or auction that spectators
are not permitted to enter.
``(B) Such term does not include spectating.''.
(b) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
(1) in paragraph (3)--
(A) by inserting ``and soring horses for such
purposes'' after ``horses in intrastate commerce''; and
(B) by inserting ``in many ways, including by
creating unfair competition, by deceiving the
spectating public and horse buyers, and by negatively
impacting horse sales'' before the semicolon;
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(6) the Inspector General of the Department of
Agriculture has determined that the program through which the
Secretary inspects horses is inadequate for preventing soring;
``(7) historically, Tennessee Walking Horses, Racking
Horses, and Spotted Saddle Horses have been subjected to
soring; and
``(8) despite regulations in effect related to inspection
for purposes of ensuring that horses are not sore, violations
of this Act continue to be prevalent in the Tennessee Walking
Horse, Racking Horse, and Spotted Saddle Horse breeds.''.
(c) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
(1) in subsection (a)--
(A) by striking ``appointed'' and inserting
``licensed''; and
(B) by adding at the end the following new
sentences: ``In the first instance in which the
Secretary determines that a horse is sore, the
Secretary shall disqualify the horse from being shown
or exhibited for a period of not less than 180 days. In
the second instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than one year. In
the third instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than three years.'';
(2) in subsection (b) by striking ``appointed'' and
inserting ``licensed'';
(3) by striking subsection (c) and inserting the following
new subsection:
``(c)(1)(A) The Secretary shall prescribe by regulation
requirements for the Department of Agriculture to license, train,
assign, and oversee persons qualified to detect and diagnose a horse
which is sore or to otherwise inspect horses at horse shows, horse
exhibitions, or horse sales or auctions, for hire by the management of
such events, for the purposes of enforcing this Act.
``(B) No person shall be issued a license under this subsection
unless such person is free from conflicts of interest, as defined by
the Secretary in the regulations issued under subparagraph (A).
``(C) If the Secretary determines that the performance of a person
licensed in accordance with subparagraph (A) is unsatisfactory, the
Secretary may, after notice and an opportunity for a hearing, revoke
the license issued to such person.
``(D) In issuing licenses under this subsection, the Secretary
shall give a preference to persons who are licensed or accredited
veterinarians.
``(E) Licensure of a person in accordance with the requirements
prescribed under this subsection shall not be construed as authorizing
such person to conduct inspections in a manner other than that
prescribed for inspections by the Secretary (or the Secretary's
representative) under subsection (e).
``(2)(A) Not later than 30 days before the date on which a horse
show, horse exhibition, or horse sale or auction begins, the management
of such show, exhibition, or sale or auction may notify the Secretary
of the intent of the management to hire a person or persons licensed
under this subsection and assigned by the Secretary to conduct
inspections at such show, exhibition, or sale or auction.
``(B) After such notification, the Secretary shall assign a person
or persons licensed under this subsection to conduct inspections at the
horse show, horse exhibition, or horse sale or auction.
``(3) A person licensed by the Secretary to conduct inspections
under this subsection shall issue a citation with respect to any
violation of this Act recorded during an inspection and notify the
Secretary of each such violation not later than five days after the
date on which a citation was issued with respect to such violation.'';
and
(4) by adding at the end the following new subsection:
``(f) The Secretary shall publish on the public website of the
Animal and Plant Health Inspection Service of the Department of
Agriculture, and update as frequently as the Secretary determines is
necessary, information on violations of this Act for the purposes of
allowing the management of a horse show, horse exhibition, or horse
sale or auction to determine if an individual is in violation of this
Act.''.
(d) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) in paragraph (2)--
(A) by striking ``or (C) respecting'' and inserting
``(C), or (D) respecting''; and
(B) by striking ``and (D)'' and inserting ``(D)
causing a horse to become sore or directing another
person to cause a horse to become sore for the purpose
of showing, exhibiting, selling, auctioning, or
offering for sale the horse in any horse show, horse
exhibition, or horse sale or auction, and (E)'';
(2) in paragraph (3), by striking ``appoint'' and inserting
``hire'';
(3) in paragraph (4)--
(A) by striking ``appoint'' and inserting ``hire'';
and
(B) by striking ``qualified'';
(4) in paragraph (5), by striking ``appointed'' and
inserting ``hired'';
(5) in paragraph (6)--
(A) by striking ``appointed'' and inserting
``hired''; and
(B) by inserting ``that the horse is sore'' after
``the Secretary''; and
(6) by adding at the end the following new paragraphs:
``(12) The use of an action device on any limb of a
Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle
Horse at a horse show, horse exhibition, or horse sale or
auction.
``(13) The use of a weighted shoe, pad, wedge, hoof band,
or other device or material at a horse show, horse exhibition,
or horse sale or auction that--
``(A) is placed on, inserted in, or attached to any
limb of a Tennessee Walking Horse, a Racking Horse, or
a Spotted Saddle Horse;
``(B) is constructed to artificially alter the gait
of such a horse; and
``(C) is not strictly protective or therapeutic in
nature.''.
(e) Violations and Penalties.--Section 6 of the Horse Protection
Act (15 U.S.C. 1825) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraph (2) of this subsection, any person
who knowingly violates section 5'' and
inserting ``Any person who knowingly violates
section 5 or the regulations issued under such
section, including any violation recorded
during an inspection conducted in accordance
with section 4(c) or 4(e)''; and
(ii) by striking ``more than $3,000, or
imprisoned for not more than one year, or
both.'' and inserting ``more than $5,000, or
imprisoned for not more than three years, or
both, for each such violation.'';
(B) in paragraph (2)--
(i) by striking subparagraph (A);
(ii) by striking ``(2)''; and
(iii) by redesignating subparagraphs (B)
and (C) as paragraphs (2) and (3),
respectively, and moving the margins of such
paragraphs (as so redesignated) two ems to the
left; and
(C) by adding at the end the following new
paragraph:
``(4) Any person who knowingly fails to obey an order of
disqualification shall, upon conviction thereof, be fined not more than
$5,000 for each failure to obey such an order, imprisoned for not more
than three years, or both.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``section 5 of this Act''
and inserting ``section 5 or the regulations
issued under such section''; and
(ii) by striking ``$2,000'' and inserting
``$4,000''; and
(B) by adding at the end the following new
paragraph:
``(5) Any person who fails to pay a licensed inspector hired under
section 4(c) shall, upon conviction thereof, be fined not more than
$4,000 for each such violation.''; and
(3) in subsection (c)--
(A) in the first sentence--
(i) by inserting ``, or otherwise
participating in any horse show, horse
exhibition, or horse sale or auction'' before
``for a period of not less than one year''; and
(ii) by striking ``any subsequent'' and
inserting ``the second'';
(B) by inserting before ``Any person who knowingly
fails'' the following: ``For the third or any
subsequent violation, a person may be permanently
disqualified by order of the Secretary, after notice
and an opportunity for a hearing before the Secretary,
from showing or exhibiting any horse, judging or
managing any horse show, horse exhibition, or horse
sale or auction, or otherwise participating in,
including financing the participation of other
individuals in, any horse show, horse exhibition, or
horse sale or auction (regardless of whether walking
horses are shown, exhibited, sold, auctioned, or
offered for sale at the horse show, horse exhibition,
or horse sale or auction).''; and
(C) by striking ``$3,000'' each place it appears
and inserting ``$5,000''.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out the amendments made by this section, including
regulations prescribing the requirements under subsection (c) of
section 4 of the Horse Protection Act (15 U.S.C. 1823(c)), as amended
by subsection (c)(3).
(g) Severability.--If any provision of this Act or any amendment
made by this Act, or the application of a provision to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions to any person or circumstance, shall not be affected by the
holding. | Prevent All Soring Tactics Act of 2015 or the PAST Act This bill amends the Horse Protection Act to establish a new system for inspecting horses for soring, revise penalties for violations of the Act, and modify enforcement procedures. The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness. The Department of Agriculture (USDA) must establish requirements to license, train, assign, and oversee persons hired by the management of horse shows, exhibitions, sales, or auctions to detect and diagnose sore horses. A license may not be issued to a person with conflicts of interest, and USDA must give preference to veterinarians. USDA may revoke a license for unsatisfactory performance. USDA must assign licensed inspectors after receiving notice that management intends to hire the inspectors. An inspector must issue a citation for violations and notify USDA of violations. USDA must publish information on violations of this bill and disqualify a horse that is sore. The bill prohibits a person in any horse show, exhibition, sale, or auction from causing or directing a horse to become sore for the purpose of showing, exhibiting, selling, or auctioning the horse. The bill prohibits the use of specified devices on a Tennessee Walking, a Racking, or a Spotted Saddle horse at a show, exhibition, sale, or auction. The bill increases the maximum criminal and civil liability penalties for certain violations. USDA may disqualify violators from specified activities related to horse shows, exhibitions, sales, and auctions. | {"src": "billsum_train", "title": "PAST Act"} | 2,936 | 363 | 0.530272 | 1.66762 | 0.573211 | 2.178808 | 9.139073 | 0.827815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Power Administration Sale
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Eklutna assets'' means the Eklutna
Hydroelectric Project and related assets as described in
section 4 and Exhibit A of the Eklutna Purchase Agreement.
(2) The term ``Eklutna Purchase Agreement'' means the
August 2, 1989, Eklutna Purchase Agreement between the
Department of Energy and the Eklutna Purchasers, together with
any amendments thereto which were adopted before the enactment
of this Act.
(3) The term ``Eklutna Purchasers'' means the Municipality
of Anchorage doing business as Municipal Light and Power, the
Chugach Electric Association, Inc. and the Matanuska Electric
Association, Inc.
(4) The term ``Memorandum of Agreement'' means the
Memorandum of Agreement entered into between the State of
Alaska, the Eklutna Purchasers, the Alaska Energy Authority,
and the Federal fish and wildlife agencies regarding the
protection, mitigation of damages to, and enhancement of fish
and wildlife, dated August 7, 1991.
(5) The term ``Secretary'' means the Secretary of Energy
except where otherwise specified.
(6) The term ``Snettishan assets'' means the Snettisham
Hydroelectric Project and related assets as described in
section 4 and Exhibit A of the Snettisham Purchase Agreement.
(7) The term ``Snettisham Purchase Agreement'' means the
February 10, 1989, Snettisham Purchase Agreement between the
Alaska Power Administration of the Department of Energy and the
Alaska Power Authority and its successors in interest, together
with any amendments thereto which were adopted before the
enactment of this Act.
SEC. 3. SALE OF SNETTISHAM AND EKLUTNA ASSETS.
(a) Snettisham.--The Secretary is authorized and directed to sell
and transfer the Snettisham assets to the State of Alaska in accordance
with the terms of this Act and the Snettisham Purchase Agreement.
(b) Eklutna.--The Secretary is authorized and directed to sell and
transfer the Eklutna assets to the Eklutna Purchasers in accordance
with the terms of this Act and the Eklutna Purchase Agreement.
(c) Cooperation of Other Agencies.--Other departments, agencies,
and instrumentalities of the United States shall cooperate with the
Secretary in implementing the sales and transfers under this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to prepare, survey, or
acquire Snettisham and Eklutna assets for sale and transfer under this
Act. Such preparations and acquisitions shall provide sufficient title
in the assets to ensure beneficial use, enjoyment, and occupancy
thereof to the purchasers.
SEC. 4. EXEMPTION.
Following completion of the sales authorized by this Act, the
Eklutna and Snettisham hydroelectric projects, including future
modifications, shall continue to be exempt from the requirements of the
Federal Power Act (16 U.S.C. 791a et seq.). The exemption provided by
this section shall not affect the Memorandum of Agreement, and nothing
in this Act or in the Federal Power Act shall preclude the State of
Alaska from carrying out the responsibilities and authorities of the
Memorandum of Agreement.
SEC. 5. GENERAL PROVISIONS.
(a) Judicial Review.--(1) The United States District Court for the
District of Alaska shall have jurisdiction to review decisions made
under the Memorandum of Agreement and to enforce the provisions of the
Memorandum of Agreement, including the remedy of specific performance.
(2) Any action seeking review of the Fish and Wildlife Program of
the Governor of Alaska under the Memorandum of Agreement or challenging
actions of any of the parties to the Memorandum of Agreement prior to
the adoption of such Program shall be brought 90 days after the date on
which such Program is adopted by the Governor of Alaska or be barred.
(3) Any action seeking review of implementation of such Fish and
Wildlife Program shall be brought not later than 90 days after the
challenged act implementing such Program or be barred.
(b) Rights-of-Way and Other Lands for the Eklutna Project.--With
respect to Eklutna lands described in Exhibit A of the Eklutna Purchase
Agreement:
(1) The Secretary of the Interior shall issue rights-of-way
to the Alaska Power Administration for subsequent reassignment
to the Eklutna Purchasers at no cost to the Eklutna Purchasers.
(2) Such rights-of-way shall remain effective for a period
equal to the life of the Eklutna hydroelectric project as
extended by improvements, repairs, renewals, or replacements.
(3) Such rights-of-way shall be sufficient for the
operation, maintenance, repair, and replacement of, and access
to, the facilities of the Eklutna hydroelectric project located
on military lands and lands managed by the Bureau of Land
Management, including land selected by, but not yet conveyed
to, the State of Alaska.
(4) If the Eklutna Purchasers subsequently sell or transfer
the Eklutna hydroelectric project to private ownership, the
Bureau of Land Management may assess reasonable and customary
fees for continued use of the rights-of-way on lands managed by
the Bureau of Land Management and military lands in accordance
with applicable law.
(5) The Secretary shall transfer fee title to lands at
Anchorage Substation to the Eklutna Purchasers at no additional
cost if the Secretary of the Interior determines that pending
claims to and selections of those lands are invalid or
relinquished.
(6) With respect only to the Eklutna lands identified in
paragraphs 1. a., b., and c. of Exhibit A of the Eklutna
Purchase Agreement, the State of Alaska may select, and the
Secretary of the Interior shall convey, to the State, improved
lands under the selection entitlements in section 6 of the Act
of July 7, 1958 (Public Law 85-508) and the North Anchorage
Land Agreement of January 31, 1983. The conveyance of such
lands is subject to the rights-of-way provided to the Eklutna
Purchasers under paragraph (1).
(c) Lands for the Snettisham Project.--With respect to the
approximately 2,671 acres of Snettisham lands identified in paragraphs
1.a. and b. of Exhibit A of the Snettisham Purchase Agreement, the
State of Alaska may select, and the Secretary of the Interior shall
convey to the State, improved lands under the selection entitlement in
section 6 of the Act of July 7, 1958 (Public Law 85-508).
(d) Effect on State Selections.--Notwithstanding the expiration of
the right of the State of Alaska to make selections under section 6 of
the Alaska Statehood Act (Public Law 85-508; 72 Stat. 339), the State
of Alaska may select lands authorized for selection under this Act or
any Purchase Agreement incorporated into or ratified by this Act. The
State shall complete such selections within one year after the date of
the enactment of this Act. The Secretary of the Interior shall convey
lands selected by the State under this Act notwithstanding the
limitation contained in section 6(b) of the Alaska Statehood Act
(Public Law 85-508; 72 Stat. 339) regarding the occupancy,
appropriation, or reservation of selected lands. Nothing in this
subsection or in subsection (b)(6) or (c) of this section shall be
construed to authorize the Secretary of the Interior to convey to the
State of Alaska a total acreage of selected lands in excess of the
total acreage which could be transferred to the State of Alaska
pursuant to the Act of July 7, 1958 (Public Law 85-508) and other
applicable law.
(e) Repeal of Act of August 9, 1955.--The Act of August 9, 1955 (69
Stat. 618), concerning water resources investigations in Alaska, is
repealed.
(f) Treatment of Asset Sale.--The sales of assets under this Act
shall not be considered a disposal of Federal surplus property under
the provisions of section 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484) or section 13 of
the Surplus Property Act of 1944 (50 U.S.C. App. 1622).
(g) Application of Certain Laws.--(1) The Act of July 31, 1950 (64
Stat. 382) shall cease to apply on the date, as determined by the
Secretary, when all Eklutna assets have been conveyed to the Eklutna
Purchasers.
(2) Section 204 of the Flood Control Act of 1962 (Public Law 87-
874; 76 Stat. 1193) shall cease to apply effective on the date, as
determined by the Secretary, when all Snettisham assets have been
conveyed to the State of Alaska.
SEC. 6. TERMINATION OF ALASKA POWER ADMINISTRATION.
(a) Termination of Alaska Power Administration.--Not later than one
year after both of the sales authorized in this Act have occurred, as
measured by the Transaction Dates stipulated in the Purchase
Agreements, the Secretary shall--
(1) complete the business of, and close out, the Alaska
Power Administration;
(2) prepare and submit to Congress a report documenting the
sales; and
(3) return unobligated balances of funds appropriated for
the Alaska Power Administration to the Treasury of the United
States.
(b) DOE Organization Act.--Section 302(a) of the Department of
Energy Organization Act (42 U.S.C. 7152(a)) is amended as follows:
(1) In paragraph (1)--
(A) by striking out subparagraph (C); and
(B) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (C), (D), and (E) respectively.
(2) In paragraph (2), by striking out ``the Bonneville
Power Administration, and the Alaska Power Administration'' and
inserting in lieu thereof ``and the Bonneville Power
Administration''.
The amendments made by this subsection shall take effect on the date on
which the Secretary submits the report referred to in paragraph (2) of
subsection (a).
Amend the title to read as follows: ``To authorize the
Secretary of Energy to sell the Snettisham and Eklutna
hydroelectric projects administered by the Alaska Power
Administration, and for other purposes.''. | Alaska Power Administration Sale Act - Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Eklutna Purchasers). Authorizes appropriations.
Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants jurisdiction to the U.S. District Court for the District of Alaska to review and enforce such Memorandum, including the remedy of specific performance.
Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under a certain statutory selection entitlement.
Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law.
Sets a deadline by which the Secretary of Energy must: (1) complete the business of and close out the Alaska Power Administration (APA); (2) submit a report to the Congress documenting such sale; and (3) return unobligated balances of funds appropriated for the (APA) to the Treasury.
States that termination of the APA shall take effect upon submission of such report. | {"src": "billsum_train", "title": "Alaska Power Administration Sale Act"} | 2,370 | 364 | 0.653088 | 2.05692 | 0.764001 | 3.470395 | 6.786184 | 0.924342 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Aviation Research and
Evaluation Act'' (the FARE Act).
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Federal
Aviation Research and Evaluation Board'' (referred to in this Act as
the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The duties of the Commission shall be as follows:
(1) To review any complaint submitted to the Commission
which alleges a predatory practice by an air carrier.
(2) To study the airfare marketing and pricing practices
and service availability in the airline industry.
(3) To submit to Congress interim reports as the Commission
considers appropriate. Such reports shall contain a detailed
statement of the findings and conclusions of the Commission
relating to reviews and studies conducted pursuant to this
section, together with recommendations of the Commission for
legislation or administrative actions.
SEC. 4. MEMBERS; COMPENSATION; MEETINGS.
(a) Composition.--The Commission shall be composed of 7 members
selected from representatives of the airline industry, consumer
advocate groups, labor unions, and the business community and local,
State, and Federal Government employees and elected officials, who
shall be appointed as follows:
(1) The President shall appoint 3 individuals.
(2) The President Pro Tempore of the Senate shall appoint 2
individuals.
(3) The Speaker of the House of Representatives shall
appoint 2 individuals.
(b) Deadline for Initial Appointments.--All initial appointments to
the Commission shall be made not later than 30 days after the date of
the enactment of this Act.
(c) Period of Appointment.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--
(A) Authority of commission.--A vacancy in the
membership of the Commission shall not affect the power
of the remaining members to carry out the duties of the
Commission under section 3.
(B) Appointment of successors.--A vacancy in the
membership of the Commission shall be filled in the
manner in which the original appointment was made.
(d) Compensation.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall not be paid for their service on the Commission.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(e) Quorum.--
(1) In general.--Five members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(2) Affect of proxy.--A member of the Commission may vote
by means of a signed proxy exercised by another member of the
Commission, but any member so voting shall not be considered
present for purposes of establishing a quorum.
(f) Chairperson.--The Chairperson of the Commission shall be
elected by the members at the initial meeting of the Commission.
(g) Meetings.--
(1) Initial meeting.--The Commission shall hold its initial
meeting not later than 60 days after the date that the last of
the initial seven members the Commission is appointed.
(2) Subsequent meetings.--After the initial meeting
required by paragraph (1), the Commission shall meet at the
call of the Chairperson or a majority of its members.
SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--The Commission may appoint and fix the pay of personnel
as it considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The 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 that title relating to
classification and General Schedule pay rates.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--Subject to sections 552, 552a, and
552b of title 5, United States Code, the Commission may secure,
directly from any department or agency of the United States,
information necessary to enable it to carry out this Act.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties under
this Act.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
(g) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses).
(h) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for services
necessary to carry out this Act, without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5).
SEC. 7. TERMINATION.
The Commission shall terminate 3 years after the date of the
initial meeting of the Commission.
SEC. 8. APPLICABILITY OF FEDERAL TORT CLAIMS PROVISIONS.
For purposes of sections 1346(b) and 2401(b) and chapter 171 of
title 28, United States Code, the Commission is a ``Federal agency''
and each of the members and personnel of the Commission is an
``employee of the Government''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$4,000,000 for each of fiscal years 1999, 2000, 2001, and 2002. | Federal Aviation Research and Evaluation Act (the FARE Act) - Establishes the Federal Aviation Research and Evaluation Board (Commission). Sets forth the duties of the Commission, including to: (1) review complaints alleging predatory practices by air carriers; (2) study airfare marketing and pricing practices and service availability in the airline industry; and (3) submit interim reports to the Congress. Authorizes appropriations. | {"src": "billsum_train", "title": "FARE Act"} | 1,811 | 84 | 0.606702 | 1.531644 | 1.205732 | 2.95 | 20.0875 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Silk Road Strategy Act of 1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The ancient Silk Road, once the economic lifeline of
Central Asia and the South Caucasus, traversed much of the
territory now within the countries of Armenia, Azerbaijan,
Georgia, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan.
(2) Economic interdependence spurred mutual cooperation
among the peoples along the Silk Road and restoration of the
historic relationships and economic ties between those peoples
is an important element of ensuring their sovereignty as well
as the success of democratic and market reforms.
(3) The development of strong political and economic ties
between countries of the South Caucasus and Central Asia and
the West will foster stability in the region.
(4) The development of open market economies and open
democratic systems in the countries of the South Caucasus and
Central Asia will provide positive incentives for international
private investment, increased trade, and other forms of
commercial interactions with the rest of the world.
(5) The Caspian Sea Basin, overlapping the territory of the
countries of the South Caucasus and Central Asia, contains
proven oil and gas reserves that may exceed $4,000,000,000,000
in value.
(6) The region of the South Caucasus and Central Asia will
produce oil and gas in sufficient quantities to reduce the
dependence of the United States on energy from the volatile
Persian Gulf region.
(7) United States foreign policy and international
assistance should be narrowly targeted to support the economic
and political independence of the countries of the South
Caucasus and Central Asia.
SEC. 3. POLICY OF THE UNITED STATES.
It shall be the policy of the United States in the countries of the
South Caucasus and Central Asia--
(1) to promote and strengthen independence, sovereignty,
and democratic government;
(2) to assist actively in the resolution of regional
conflicts;
(3) to promote friendly relations and economic cooperation;
(4) to help promote market-oriented principles and
practices;
(5) to assist in the development of the infrastructure
necessary for communications, transportation, and energy and
trade on an East-West axis in order to build strong
international relations and commerce between those countries
and the stable, democratic, and market-oriented countries of
the Euro-Atlantic Community; and
(6) to support United States business interests and
investments in the region.
SEC. 4. UNITED STATES EFFORTS TO RESOLVE CONFLICTS IN GEORGIA,
AZERBAIJAN, AND TAJIKISTAN.
It is the sense of Congress that the President should use all
diplomatic means practicable, including the engagement of senior United
States Government officials, to press for an equitable, fair, and
permanent resolution to the conflicts in Georgia and Azerbaijan and the
civil war in Tajikistan.
SEC. 5. AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961.
Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) is amended by adding at the end the following new chapter:
``Chapter 12--Support for the Economic and Political Independence of
the Countries of the South Caucasus and Central Asia
``SEC. 499. UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND
RECOVERY FROM REGIONAL CONFLICTS.
``(a) Purpose of Assistance.--The purposes of assistance under this
section are--
``(1) to create the basis for reconciliation between
belligerents;
``(2) to promote economic development in areas of the
countries of the South Caucasus and Central Asia impacted by
civil conflict and war; and
``(3) to encourage broad regional cooperation among
countries of the South Caucasus and Central Asia that have been
destabilized by internal conflicts.
``(b) Authorization for Assistance.--
``(1) In general.--To carry out the purposes of subsection
(a), the President is authorized to provide humanitarian
assistance and economic reconstruction assistance under this
Act, and assistance under the Migration and Refugee Assistance
Act of 1962 (22 U.S.C. 2601 et seq.), to the countries of the
South Caucasus and Central Asia to support the activities described in
subsection (c).
``(2) Definition of humanitarian assistance.--In this
subsection, the term `humanitarian assistance' means assistance
to meet urgent humanitarian needs, in particular meeting needs
for food, medicine, medical supplies and equipment, and
clothing.
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to--
``(1) providing for the essential needs of victims of the
conflicts;
``(2) facilitating the return of refugees and internally
displaced persons to their homes; and
``(3) assisting in the reconstruction of residential and
economic infrastructure destroyed by war.
``(d) Policy.--It is the sense of Congress that the United States
should, where appropriate, support the establishment of neutral,
multinational peacekeeping forces to implement peace agreements reached
between belligerents in the countries of the South Caucasus and Central
Asia.
``SEC. 499A. ECONOMIC ASSISTANCE.
``(a) Purpose of Assistance.--The purpose of assistance under this
section is to foster the conditions necessary for regional economic
cooperation in the South Caucasus and Central Asia.
``(b) Authorization for Assistance.--To carry out the purpose of
subsection (a), the President is authorized to provide technical
assistance to the countries of the South Caucasus and Central Asia to
support the activities described in subsection (c).
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to the development of the
structures and means necessary for the growth of private sector
economies based upon market principles.
``(d) Policy.--It is the sense of Congress that the United States
should--
``(1) assist the countries of the South Caucasus and
Central Asia to develop laws and regulations that would
facilitate the ability of those countries to join the World
Trade Organization;
``(2) provide permanent nondiscriminatory trade treatment
(MFN status) to the countries of the South Caucasus and Central
Asia; and
``(3) consider the establishment of zero-to-zero tariffs
between the United States and the countries of the South
Caucasus and Central Asia.
``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE.
``(a) Purpose of Assistance.--The purposes of assistance under this
section are--
``(1) to develop the physical infrastructure necessary for
regional cooperation among the countries of the South Caucasus
and Central Asia; and
``(2) to encourage closer economic relations between those
countries and the United States and other developed nations.
``(b) Authorization for Assistance.--To carry out the purposes of
subsection (a), the following types of assistance to the countries of
the South Caucasus and Central Asia are authorized to support the
activities described in subsection (c):
``(1) Activities by the Export-Import Bank to complete the
review process for eligibility for financing under the Export-
Import Bank Act of 1945.
``(2) The provision of insurance, reinsurance, financing,
or other assistance by the Overseas Private Investment
Corporation.
``(3) Assistance under section 661 of this Act (relating to
the Trade and Development Agency).
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to promoting actively the
participation of United States companies and investors in the planning,
financing, and construction of infrastructure for communications,
transportation, and energy and trade including highways, railroads,
port facilities, shipping, banking, insurance, telecommunications
networks, and gas and oil pipelines.
``(d) Policy.--It is the sense of Congress that the United States
representatives at the International Bank for Reconstruction and
Development, the International Finance Corporation, and the European
Bank for Reconstruction and Development should encourage lending to the
countries of the South Caucasus and Central Asia to assist the
development of the physical infrastructure necessary for regional
economic cooperation.
``SEC. 499C. SECURITY ASSISTANCE.
``(a) Purpose of Assistance.--The purpose of assistance under this
section is to assist countries of the South Caucasus and Central Asia
to secure their borders and implement effective controls necessary to
prevent the trafficking of illegal narcotics and the proliferation of
technology and materials related to weapons of mass destruction (as
defined in section 2332a(c)(2) of title 18, United States Code), and to
contain and inhibit transnational organized criminal activities.
``(b) Authorization for Assistance.--To carry out the purpose of
subsection (a), the President is authorized to provide the following
types of assistance to the countries of the South Caucasus and Central
Asia to support the activities described in subsection (c):
``(1) Assistance under chapter 5 of part II of this Act
(relating to international military education and training).
``(2) Assistance under chapter 8 of this part of this Act
(relating to international narcotics control assistance).
``(3) The transfer of excess defense articles under section
516 of this Act (22 U.S.C. 2321j).
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to assisting those
countries of the South Caucasus and Central Asia in developing
capabilities to maintain national border guards, coast guard, and
customs controls.
``(d) Policy.--It is the sense of Congress that the United States
should encourage and assist the development of regional military
cooperation among the countries of the South Caucasus and Central Asia
through programs such as the Central Asian Battalion and the
Partnership for Peace of the North Atlantic Treaty Organization.
``SEC. 499D. STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT OF
CIVIL SOCIETY.
``(a) Purpose of Assistance.--The purpose of assistance under this
section is to promote institutions of democratic government and to
create the conditions for the growth of pluralistic societies,
including religious tolerance.
``(b) Authorization for Assistance.--To carry out the purpose of
subsection (a), the President is authorized to provide the following
types of assistance to the countries of the South Caucasus and Central
Asia.
``(1) Technical assistance for democracy building.
``(2) Technical assistance for the development of
nongovernmental organizations.
``(3) Technical assistance for development of independent
media.
``(4) Technical assistance for the development of the rule
of law.
``(5) International exchanges and advanced professional
training programs in skill areas central to the development of
civil society.
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) are limited to activities that directly
and specifically are designed to advance progress toward the
development of democracy.
``(d) Policy.--It is the sense of Congress that the Voice of
America and RFE/RL, Incorporated, should maintain high quality
broadcasting for the maximum duration possible in the native languages
of the countries of the South Caucasus and Central Asia.
``SEC. 499E. INELIGIBILITY FOR ASSISTANCE.
``(a) In General.--Except as provided in subsection (b), assistance
may not be provided under this chapter for a country of the South
Caucasus or Central Asia if the President determines and certifies to
the appropriate congressional committees that the country--
``(1) is engaged in a consistent pattern of gross
violations of internationally recognized human rights;
``(2) has, on or after the date of enactment of this
chapter, knowingly transferred to another country--
``(A) missiles or missile technology inconsistent
with the guidelines and parameters of the Missile
Technology Control Regime (as defined in section 11B(c)
of the Export Administration Act of 1979 950 U.S.C.
App. 2410b(c); or
``(B) any material, equipment, or technology that
would contribute significantly to the ability of such
country to manufacture any weapon of mass destruction
(including nuclear, chemical, and biological weapons)
if the President determines that the material,
equipment, or technology was to be used by such country
in the manufacture of such weapons;
``(3) has supported acts of international terrorism;
``(4) is prohibited from receiving such assistance by
chapter 10 of the Arms Export Control Act or section 306(a)(1)
and 307 of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (22 U.S.C. 5604(a)(1), 5605);
or
``(5) has initiated an act of aggression against another
state in the region after the date of enactment of the Silk
Road Strategy Act of 1997.
``(b) Exception to Ineligibility.--Notwithstanding subsection (a),
assistance may be provided under this chapter if the President
determines and certifies in advance to the appropriate congressional
committees that the provision of such assistance is important to the
national interest of the United States.
``SEC. 499F. ADMINISTRATIVE AUTHORITIES.
``(a) Assistance Through Governments and Nongovernmental
Organizations.--Assistance under this chapter may be provided to
governments or through nongovernmental organizations.
``(b) Use of Economic Support Funds.--Except as otherwise provided,
any funds that have been allocated under chapter 4 of part II for
assistance for the independent states of the former Soviet Union may be
used in accordance with the provisions of this chapter.
``(c) Terms and Conditions.--Assistance under this chapter shall be
provided on such terms and conditions as the President may determine.
``(d) Superseding Existing Law.--The authority to provide
assistance under this chapter supersedes any other provision of law,
except for--
``(1) this chapter;
``(2) section 634A of this Act and comparable notification
requirements contained in sections of the annual foreign
operations, export financing, and related programs Act;
``(3) section 907 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (22
U.S.C. 5812 note; relating to restriction on assistance to
Azerbaijan), except such section shall not apply with respect
to--
``(A) activities to provide humanitarian assistance
under the Migration and Refugee Assistance Act of 1962
(22 U.S.C. 2601 et seq.);
``(B) activities to support democratic reforms and
democratic governance;
``(C) assistance for the control of narcotic and
psychotropic drugs and other controlled substances, or
for other anticrime purposes, under section 481(a)(4)
of this Act (22 U.S.C. 2291(a)(4));
``(D) assistance under programs carried out under
section 1424 of the National Defense Authorization Act
for Fiscal Year 1997 (50 U.S.C. 2333);
``(E) assistance provided by the Trade and
Development Agency under section 661 of this Act (22
U.S.C. 2421) ; and
``(F) activities carried out by the United States
and Foreign Commercial Service; and
``(4) section 1341 of title 31, United States Code
(commonly referred to as the ``Anti-Deficiency Act''), the
Congressional Budget and Impoundment Control Act of 1974, the
Balanced Budget and Emergency Deficit Control Act of 1985, and
the Budget Enforcement Act of 1990.
``SEC. 499G. DEFINITIONS.
``In this chapter:
``(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) Countries of the south caucasus and central asia.--
The term `countries of the South Caucasus and Central Asia'
means Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgystan,
Tajikistan, Turkmenistan, and Uzbekistan.''.
SEC. 6. ANNUAL REPORT.
Beginning one year after the date of enactment of this Act, and
annually thereafter, the President shall submit a report to the
appropriate congressional committees--
(1) identifying the progress of United States foreign
policy to accomplish the policy identified in section 3;
(2) evaluating the degree to which the assistance
authorized by chapter 12 of part I of the Foreign Assistance
Act of 1961, as added by section 5 of this Act, was able to
accomplish the purposes identified in those sections; and
(3) recommending any additional initiatives that should be
undertaken by the United States to implement the policy and
purposes contained in this Act.
SEC. 7. 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) Countries of the south caucasus and central asia.--The
term ``countries of the South Caucasus and Central Asia'' means
Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgystan, Tajikistan,
Turkmenistan, and Uzbekistan. | Silk Road Strategy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance to the South Caucasus and Central Asia countries to: (1) promote sovereignty and independence with democratic government; (2) assist in the resolution of regional conflicts; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region.
Prohibits assistance to such countries (unless it is important to the U.S. national interest) if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have knowingly transferred controlled missiles or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (3) have supported acts of international terrorism; (4) are prohibited from receiving such assistance by specified Acts; or (5) have initiated an act of aggression against another state in the region.
Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflicts in Georgia, Azerbaijan, and the civil war in Tajikistan. | {"src": "billsum_train", "title": "Silk Road Strategy Act of 1997"} | 3,838 | 338 | 0.685194 | 2.302845 | 1.045258 | 4.453416 | 10.832298 | 0.962733 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Election Integrity Act of
2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) chief State election administration officials have
served on political campaigns for Federal candidates whose
elections those officials will supervise;
(2) such partisan activity by the chief State election
administration official, an individual charged with certifying
the validity of an election, represents a fundamental conflict
of interest that may prevent the official from ensuring a fair
and accurate election;
(3) this conflict impedes the legal duty of chief State
election administration officials to supervise Federal
elections, undermines the integrity of Federal elections, and
diminishes the people's confidence in our electoral system by
casting doubt on the results of Federal elections;
(4) the Supreme Court has long recognized that Congress's
power to regulate Congressional elections under article I,
section 4, clause 1 of the Constitution is both plenary and
powerful; and
(5) the Supreme Court and numerous appellate courts have
recognized that the broad power given to Congress over
Congressional elections extends to Presidential elections.
SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES BY ELECTION ADMINISTRATION
OFFICIALS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319
the following new section:
``campaign activities by election officials
``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief
State election administration official to take an active part in
political management or in a political campaign with respect to any
election for Federal office over which such official has supervisory
authority.
``(b) Chief State Election Administration Official.--The term
`chief State election administration official' means the highest State
official with responsibility for the administration of Federal
elections under State law.
``(c) Active Part in Political Management or in a Political
Campaign.--The term `active part in political management or in a
political campaign' means--
``(1) serving as a member of an authorized committee of
candidate for Federal office;
``(2) the use of official authority or influence for the
purpose of interfering with or affecting the result of an
election for Federal office;
``(3) the solicitation, acceptance, or receipt of political
contributions from any person on behalf of a candidate for
Federal office;
``(4) the solicitation or discouragement of the
participation in any political activity of any person;
``(5) engaging in partisan political activity on behalf of
a candidate for Federal office; and
``(6) any other act prohibited under section 7323(b)(4) of
title 5, United States Code (other than any prohibition on
running for public office).''.
(b) Enforcement.--Section 309 of the Federal Election Campaign Act
of 1971 (42 U.S.C. 437g) is amended by adding at the end the following
new subsection:
``(d)(1) Notwithstanding paragraphs (1) through (5) of subsection
(a), any person who has knowledge of a violation of section 319A has
occurred may file a complaint with the Commission. Such complaint shall
be in writing, signed and sworn to by the person filing such complaint,
shall be notarized, and shall be made under penalty of perjury subject
to the provisions of section 1001 of title 18, United States Code. The
Commission shall promptly notify any person alleged in the complaint
and the candidate with respect to whom a violation is alleged, and
shall give such person and such candidate an opportunity to respond.
Not later than 14 days after the date on which such a complaint is
filed, the Commission shall make a determination on such complaint.
``(2)(A) If the Commission determines by an affirmative vote of a
majority of the members voting that a person has committed a violation
of section 319A, the Commission shall require the person to pay a civil
money penalty in an amount determined under a schedule of penalties
which is established and published by the Commission.
``(B) If the Commission determines by an affirmative vote of a
majority of the members voting that a person has committed a violation
of section 319A under subparagraph (A) and that the candidate knew of
the violation at the time such violation occurred, the Commission may
require such candidate to pay a civil money penalty in an amount
determined under a schedule of penalties which is established and
published by the Commission.''. | Federal Election Integrity Act of 2005 - Amends the Federal Election Campaign Act of 1971 to make it unlawful for a chief State election administration official to take active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. | {"src": "billsum_train", "title": "A bill to amend the Federal Election Campaign Act of 1971 to prohibit certain State election administration officials from actively participating in electoral campaigns."} | 993 | 62 | 0.648056 | 1.580297 | 1.202693 | 6.055556 | 17.203704 | 0.944444 |
PROCEDURES.
(a) In General.--Title 38, United States Code, is amended by
inserting after chapter 7 the following new chapter:
``CHAPTER 8--EMPLOYMENT DISCRIMINATION
``Sec.
``801. Scope of chapter.
``802. Office of Employment Discrimination Complaints Resolution.
``803. Informal complaint resolution.
``804. Investigation of complaints.
``805. Final agency decision; hearings.
``806. Review of final agency decisions.
``807. Unlawful employment discrimination defined.
``Sec. 801. Scope of chapter
``(a) The procedures established in this chapter shall be
implemented in a manner consistent with procedures applicable under
regulations prescribed by the Equal Employment Opportunity Commission.
``(b) In the case of an employee of the Department who alleges that
the employee has been subjected to unlawful employment discrimination
(as defined in section 807 of this title), the allegation shall be
considered under the procedures applicable to the Merit Systems
Protection Board under title 5 (rather than under the procedures set
forth in this chapter) if the action (or failure to act) of which the
employee complains is an employment action or practice that is
otherwise appealable to the Merit Systems Protection Board.
``(c) Nothing in this chapter supersedes--
``(1) the rights and remedies available to employees under
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), including the rights and remedies provided in section
1977A of the Revised Statutes (42 U.S.C. 1981a); or
``(2) any right or obligation of an employee to elect (in
lieu of procedures under this chapter) to raise an allegation
of unlawful employment discrimination under grievance
procedures established under a collective bargaining agreement.
``Sec. 802. Office of Employment Discrimination Complaints Resolution
``(a)(1) There is in the Department an Office of Employment
Discrimination Complaints Resolution (hereinafter in this chapter
referred to as the `Office'), which shall be headed by a Director. The
Director shall report only to the Secretary and Deputy Secretary.
``(2) Subject to the direction of the Secretary, the Director shall
have sole responsibility within the Department for administering the
procedures under this chapter for resolving complaints of unlawful
employment discrimination arising within the Department.
``(3) In addition to the functions of the Director under paragraph
(2), the Director shall perform such other functions as the Secretary
may prescribe consistent with the functions of the Director under
paragraph (2).
``(b) The Secretary shall employ within the Office administrative
law judges appointed in accordance with section 3105 of title 5 for the
purposes of this chapter and such other personnel as the Office may
require. In appointing administrative law judges, the Secretary should
consider the composition of the persons appointed, taken as a group, in
terms of race, sex, and veterans status, compared with the composition
of the total Department workforce in terms of race, sex, and veterans
status.
``(c) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the functions
of the Office under this chapter in a timely manner.
``(d) The Secretary shall include in the documents submitted to
Congress by the Secretary in support of the President's budget for each
fiscal year--
``(1) detailed information on the budget for the Office;
``(2) the Secretary's opinion as to whether the resources
(including the number of employees) proposed in the budget for
that fiscal year are adequate to enable the Secretary to comply
with statutory and regulatory deadlines for the administration
of the procedures under this chapter and other provisions of
law relating to the resolution of complaints of unlawful
employment discrimination involving the Department; and
``(3) a report on the activities of the Office during the
preceding fiscal year, including (A) a statement of the number
and nature of complaints of unlawful employment discrimination
received and the number and nature of complaints resolved, and
the results of any appellate review, during the year, (B) a
description of the timeliness of the resolution of complaints
during the year, and (C) a statement of significant decisions
and trends affecting the work of the Office.
``(e)(1) The Director shall prescribe--
``(A) standards of timeliness for the expeditious
resolution of complaints of unlawful employment discrimination
under this chapter;
``(B) the qualifications and training requirements for
employees of the Office;
``(C) requirements for record-keeping pertaining to
counseling and investigations by employees of the Office; and
``(D) standards for the conduct of investigations under
section 804 of this title.
``(2) Regulations under paragraph (1) shall be consistent with
regulations prescribed by the Equal Employment Opportunity Commission,
except that, in the interest of the expeditious resolution of
complaints, the Director may prescribe shorter time periods with
respect to any deadline or administrative period that is applicable
only to the time within which the Government may (or is required to)
act.
``Sec. 803. Informal complaint resolution
``Employees of the Office shall counsel employees of the
Department, and applicants for employment with the Department, who
allege that they have been subject to unlawful employment
discrimination by an officer or employee of the Department. The Office
shall seek to resolve such complaints in an expeditious and impartial
manner through informal investigation and conciliation using procedures
prescribed by the Director.
``Sec. 804. Investigation of complaints
``(a) If a complaint of unlawful employment discrimination is filed
with the Department and the complaint is not resolved through the
informal resolution process under section 803 of this title, the
Director shall assign the complaint to an administrative law judge, who
shall determine whether the complaint shall be accepted for
investigation.
``(b)(1) The administrative law judge assigned to a complaint shall
make such determination in accordance with regulations of the Equal
Employment Opportunity Commission, except that if the administrative
law judge determines that the complaint is without merit, the
administrative law judge may determine that the complaint is not to be
accepted for investigation.
``(2) A decision that a complaint is not to be accepted for
investigation is a final agency decision of the matter.
``(c)(1) If the administrative law judge determines that the
complaint is to be accepted, the Director shall promptly provide for an
investigation of the complaint, which shall be carried out by employees
of the Office (or by contract personnel acquired by the Director). The
employee (or contractor) conducting the investigation shall submit to
the Director a complete written report of the results of the
investigation.
``(2) If a portion of a complaint is accepted for investigation and
a portion is not accepted, the individual filing the complaint or the
Department may request the administrative law judge to direct the
suspension of the investigation of the portion of the complaint
accepted for investigation pending the results of any review of the
decision not to accept the other portion.
``(3) The Director shall furnish a copy of the investigative report
(including a copy of the investigative file) to the administrative law
judge, the individual who filed the complaint, and the Secretary. The
administrative law judge may direct that an additional investigation be
made if the administrative law judge determines that an additional
investigation is warranted.
``Sec. 805. Final agency decision; hearings
``(a) The final agency decision on a complaint of unlawful
employment discrimination, in a case not resolved through informal
procedures under section 803 of this title, shall be made by an
administrative law judge.
``(b) The individual filing the complaint may request a hearing on
the matter. Any such request shall be made in such time and manner as
may be prescribed by the Director. The administrative law judge shall
grant a request for a hearing unless, after giving appropriate notice
and allowing an opportunity to respond to such notice, the
administrative law judge determines that there is no genuine dispute as
to a material fact.
``(c) If the administrative law judge grants a request of the
individual filing the complaint for a hearing, the administrative law
judge--
``(1) may conduct the hearing on the matter; or
``(2) may refer the matter for a hearing by a hearing
examiner.
``(d) In any hearing under this section, the administrative law
judge or hearing examiner presiding at the hearing shall have the
authorities set forth in section 556(c) of title 5.
``Sec. 806. Review of final agency decisions
``(a) If the final agency decision in a case complaining of
unlawful employment discrimination by an officer or employee of the
Department is adverse to the individual filing the complaint, the
individual may appeal the decision to the Equal Employment Opportunity
Commission or may institute an action on the case in the appropriate
United States district court, as provided by law.
``(b) If the final agency decision in such a case is adverse to the
Department, the Secretary may appeal the decision to the Equal
Employment Opportunity Commission. Any such appeal shall be made within
30 days after the date of the receipt by the Secretary of the decision.
The Equal Employment Opportunity Commission may act on such an appeal
in the same manner as in the case of an appeal by an individual against
a final agency decision.
``Sec. 807. Unlawful employment discrimination defined
``For purposes of this chapter, the term `unlawful employment
discrimination' means any action, or failure to act, that is a
violation of any of the following:
``(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
``(2) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
``(3) Section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206).
``(4) Section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791).''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
title 38, United States Code, and at the beginning of part I of such
title, are amended by inserting after the item relating to chapter 7
the following new item:
``8. Employment Discrimination.............................. 801''.
SEC. 3. TRANSITION.
Chapter 8 of title 38, United States Code, as added by section 2,
shall apply with respect to complaints of unlawful employment
discrimination that are filed after the end of the six-month period
beginning on the date of the enactment of this Act. Any complaint filed
before the end of such period shall be resolved in accordance with the
procedures in effect on the date of the enactment of this Act.
SEC. 4. WHISTLEBLOWER PROTECTION FOR TITLE 38 EMPLOYEES.
(a) In General.--(1) Chapter 74 of title 38, United States Code, is
amended by inserting at the end of subchapter V the following new
section:
``Sec. 7465. Disclosures of violations of law, gross mismanagement, and
certain other matters: protection of employees
``(a) The provision of section 2302(b)(8) of title 5 shall apply
with respect to an employee, or applicant for employment, in a position
covered by this chapter in the same manner as if that position were a
`covered position' within the meaning of section 2302(a)(2)(B) of title
5.
``(b) Subsection (a) shall apply for purposes of applying the
provisions of subchapters II and III of chapter 12 of title 5 which
relate to any authority to conduct investigations, or to seek or
administer any corrective action, disciplinary action, or other remedy
in connection with a prohibited personnel practice described in section
2302(b)(8) of such title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7464 the
following new item:
``7465. Disclosures of violations of law, gross mismanagement, and
certain other matters: protection of
employees.''.
(b) Effective Date.--(1) Subject to paragraph (2), section 7465 of
title 38, United States Code, as added by subsection (a), shall apply
with respect to personnel actions occurring before, on, or after the
date of the enactment of this Act, but subject to any deadline for
commencing any action for relief.
(2) Such section shall not affect any administrative proceeding
pending on the date of the enactment of this Act, and order shall be
issued in any such proceeding, and appeals shall be taken therefrom, as
if such section had not been enacted.
Passed the House of Representatives April 27, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Department of Veterans Affairs Employment Discrimination Act - Requires consideration under procedures applicable to the Merit Systems Protection Board of any allegation by an employee of the Department of Veterans Affairs of unlawful employment discrimination if the action (or failure to act) of which the employee complains is an employment action or practice otherwise appealable to such Board.
Establishes in the Department an Office of Employment Discrimination Complaints Resolution headed by a Director who shall administer Department procedures for resolving complaints of unlawful employment discrimination. Requires the Secretary of Veterans Affairs to include certain information with respect to Office budgets and activities in annual budget documents submitted to the Congress.
Directs Office employees to counsel and resolve the complaints of Department employees in an expeditious and informal manner through informal investigation and conciliation. Outlines procedures for: (1) the investigation of complaints through either informal resolution or assignment to an administrative law judge; (2) a hearing and final agency decision by such a judge for cases unresolved through the informal process; and (3) review of final agency decisions by either the Equal Employment Opportunity Commission or the appropriate U.S. district court.
Provides protection of Department employees under appropriate Federal whistleblower protection provisions. | {"src": "billsum_train", "title": "Department of Veterans Affairs Employment Discrimination Act"} | 2,794 | 259 | 0.594941 | 1.675417 | 0.883762 | 3.25 | 12.040179 | 0.901786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghanistan and Central Asian
Republics Sustainable Food Production Trust Fund Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) abject poverty and the inability to produce food, even
at the subsistence level, in the rural, mountainous areas of
Afghanistan and the Central Asian Republics have plagued the
region for over 20 years;
(2) extended food shortages in this region have resulted in
the consumption of seed supplies and breeding livestock
necessary to continue farming and food production;
(3) ongoing and violent conflict in the region has badly
damaged or destroyed the basic irrigation systems necessary for
food production;
(4) despite the delivery of over $185,000,000 in aid from
the United States in fiscal year 2001 toward humanitarian
assistance needs in Afghanistan, millions of people remain at
risk of severe malnutrition and starvation in the short- and
long-terms;
(5) on October 4, 2001, President George W. Bush announced
that the people of Afghanistan, and the governments of
Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will
receive an additional $320,000,000 humanitarian assistance
package for emergency food and refugee assistance to address
the region's immediate needs during the war on terrorism; and
(6) in addition to addressing short-term emergency
assistance needs in Afghanistan and the mountainous regions of
the Central Asian Republics, addressing the long-term food
production and rural development issues in region will be
critical to attaining some stability in the region.
SEC. 3. ESTABLISHMENT.
(a) Negotiations for Establishment of Trust Fund.--The Secretary of
the Treasury shall seek to enter into negotiations with the
International Bank for Reconstruction and Development, in consultation
with the Administrator of the United States Agency for International
Development and other United States Government agencies, and with the
member nations of the Bank and with other interested parties, for the
establishment within the Bank of--
(1) the Afghanistan and Central Asian Republics Sustainable
Food Production Trust Fund (in this Act referred to as the
``Trust Fund'') in accordance with the provisions of this Act;
and
(2) the Advisory Board to the Trust Fund in accordance with
section 6.
(b) Purpose.--The purpose of the Trust Fund should be to use
contributed funds to develop sustainable food production for
Afghanistan and the mountainous regions of other countries of Central
Asia through restocking seed, replacing breeding livestock, restoring
basic irrigation systems, and providing access to credit for food
production, processing, or marketing enterprises through rural
microenterprise loan programs.
(c) Composition.--
(1) In general.--It is the sense of the Congress that the
Trust Fund should be governed by a Board of Trustees, which
should be composed of representatives of the participating
donor countries to the Trust Fund. Individuals appointed to the
Board should have demonstrated knowledge and experience in the
fields of agriculture production and rural microenterprise loan
programs.
(2) United states representation.--
(A) In general.--If there is a Board of Trustees of
the Trust Fund, the United States representative shall
be the Administrator of the United States Agency for
International Development or the Administrator's
designee.
(B) Effective and termination dates.--
(i) Effective date.--This paragraph shall
take effect upon the date the Secretary of the
Treasury certifies to Congress that an
agreement establishing the Trust Fund and
providing for a United States member of the
Board of Trustees is in effect.
(ii) Termination date.--The position
established by subparagraph (A) is abolished
upon the date of termination of the Trust Fund.
SEC. 4. GRANT AUTHORITIES.
(a) Program Objectives.--It is the sense of the Congress that:
(1) In general.--In carrying out the purpose of section
3(b), the Trust Fund, acting through the Board of Trustees,
should provide only grants to nongovernmental organizations for
the purpose of carrying out the activities described in
paragraph (2) in Afghanistan and the other countries of Central
Asia in accordance with this section.
(2) Activities supported.--
(A) In general.--Among the activities for which the
Trust Fund should provide grants should be--
(i) procurement of seed for local food
production;
(ii) replacement of breeding livestock;
(iii) restoration of basic irrigation
systems;
(iv) establishment of access to credit for
food production, processing, or marketing
enterprises through rural microenterprise loan
programs; and
(v) providing technical assistance.
(B) Limitation.--Amounts received under a grant
should not be used to carry out activities related to
emergencies or disasters.
(3) Applications.--A nongovernmental organization that
desires to receive a grant under this section should submit an
application for the grant to the Board of Trustees. The
application should be developed by the nongovernmental
organization in close consultation with local indigenous
entities, or associated persons of a village or villages,
located in the country within which the activities supported by
the grant will be carried out.
(4) Implementation of program objectives.--In carrying out
the objectives of paragraph (1), the Trust Fund should--
(A) coordinate its activities with governments of
countries authorized to receive grants under this
section, local and regional governments of such
countries, nongovernmental organizations operating in
such countries, and private donors;
(B) provide minimal supplementary grants for
associated administrative costs to the national and
regional governments of the country for which grants to
nongovernmental organizations are approved under this
section;
(C) provide oversight of grants disbursed under
this section, including procedures under which a
nongovernmental organization that misuses grant funds
or otherwise fails to adequately carry out the
activities described in paragraph (2) should be
disqualified from receiving additional grants under
this section for not less than 1 year; and
(D) coordinate efforts with national, regional, and
local government officials to conduct an annual review
of disbursement of grant funds and the effectiveness of
activities carried out with grant funds.
(b) Restriction Relating To the Use of United States Funds in
Afghanistan.--Funds made available under this Act may not be used
during a fiscal year for any activity in Afghanistan which is described
in subsection (a)(2) unless the Secretary of State certifies for the
fiscal year that there has been substantial progress made toward the
establishment of a government in Afghanistan that meets the following
requirements:
(1) The government includes broad representation from the
diverse ethnic and religious groups of Afghanistan, including
both men and women from such groups.
(2) The government does not sponsor terrorism or harbor
terrorists.
(3) The government demonstrates a strong and determined
commitment to eliminating the production of opium-producing
poppies.
(4) The government meets the conditions outlined in the
United Nations Universal Declaration of Human Rights.
SEC. 5. ADMINISTRATION.
(a) Sense of the Congress.--It is the sense of the Congress that:
(1) Appointment of an administrator.--The Board of
Trustees, in consultation with the appropriate officials of the
Bank, should appoint an Administrator who should be responsible
for managing the day-to-day operations of the Trust Fund.
(2) Authority to solicit and accept contributions.--The
Trust Fund should be authorized to solicit and accept
contributions from governments, the private sector, and
nongovernmental entities of all kinds.
(3) Selection of projects and recipients.--The Board of
Trustees should establish--
(A) criteria for the selection of projects to
receive support from the Trust Fund;
(B) standards and criteria regarding qualifications
of recipients of such support;
(C) such rules and procedures as may be necessary
for cost-effective management of the Trust Fund and the
projects that it funds;
(D) such rules and procedures as may be necessary
to ensure transparency and accountability in the grant-
making process; and
(E) criteria for an annual review process for all
projects receiving grants.
(4) Transparency of operations.--The Board of Trustees
should ensure full and prompt public disclosure of the proposed
objectives, financial organization, and operations of the Trust
Fund.
(b) Accountability of Funds and Criteria for Programs.--As part of
the negotiations described in section 3(a), the Secretary of the
Treasury shall, consistent with subsection (a)(3) of this section--
(1) take such actions as are necessary to ensure that the
Bank will have in effect adequate procedures and standards to
account for and monitor the use of funds contributed to the
Trust Fund, including the cost of administering the Trust Fund;
and
(2) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted
by the Trust Fund.
SEC. 6. ADVISORY BOARD.
(a) Sense of the Congress.--It is the sense of the Congress that:
(1) In general.--There should be an Advisory Board to the
Trust Fund.
(2) Appointments.--The members of the Advisory Board should
be drawn from--
(A) a broad range of individuals with experience
and leadership in the fields of development, with
particular priority for individuals with experience in
agricultural production and rural microenterprise loan
programs; and
(B) representatives of relevant United Nations
agencies and nongovernmental organizations with on-the-
ground experience in countries authorized to receive
grants.
(3) Responsibilities.--The Advisory Board should provide
advice and guidance to the Board of Trustees on the development
and implementation of programs and projects to be assisted by
the Trust Fund and on leveraging donations to the Trust Fund.
(4) Prohibition on payment of compensation.--Except for
travel expenses (including per diem in lieu of subsistence), no
member of the Advisory Board should receive compensation for
services performed as a member of the Board.
(b) United States Representative.--Notwithstanding any other
provision of law (including an international agreement), a
representative of the United States on the Advisory Board may not
accept compensation for services performed as a member of the Board,
except that such representative may accept travel expenses, including
per diem in lieu of subsistence, while away from the representative's
home or regular place of business in the performance of services for
the Board.
SEC. 7. REPORTS TO CONGRESS.
(a) Annual Reports by Secretary of the Treasury.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
duration of the Trust Fund, the Secretary of the Treasury shall
submit to the appropriate committees of Congress a report on
the Trust Fund.
(2) Report elements.--The report shall include a
description of--
(A) the goals of the Trust Fund;
(B) the programs, projects, and activities
supported by the Trust Fund;
(C) private and governmental contributions to the
Trust Fund;
(D) the criteria that have been established,
acceptable to the Secretary of the Treasury and the
Administrator of the United States Agency for
International Development, that would be used to
determine the programs and activities that should be
assisted by the Trust Fund;
(E) an assessment regarding the extent to which the
Government of Afghanistan does or does not meet the
requirements of section 4(b) for that fiscal year; and
(F) with respect to a fiscal year for which
Afghanistan is eligible to receive a grant under
section 4, the impact of programming on food production
and rural development in Afghanistan.
(b) GAO Report on Trust Fund Effectiveness.--Not later than 2 years
after the date of the enactment of this Act, the Comptroller General of
the United States shall submit to the appropriate committees of the
Congress a report evaluating the effectiveness of the Trust Fund,
including--
(1) the effectiveness of the programs, projects, and
activities described in subsection (a)(2)(B) in building
sustainable food production and rural microenterprise loans in
the countries authorized to receive grants under this section;
and
(2) an assessment of the merits of continued United States
financial contributions to the Trust Fund.
(c) Appropriate Committees Defined.--In subsection (a), the term
``appropriate committees'' means the Committee on Foreign Relations and
the Committee on Appropriations of the Senate and the Committee on
International Relations, the Committee on Financial Services, and the
Committee on Appropriations of the House of Representatives.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
In addition to any other funds authorized to be appropriated for
multilateral or bilateral programs related to sustainable food
production and microenterprise systems, there is authorized to be
appropriated to the Secretary of the Treasury $25,000,000 for fiscal
year 2002 and $50,000,000 for each of the fiscal years 2003 through
2006 for payment to the Trust Fund. Of the amount appropriated pursuant
to the authorization of appropriations under the preceding sentence for
a fiscal year 60 percent should be designated for grants for
Afghanistan.
SEC. 9. CERTIFICATION REQUIREMENT.
(a) In General.--Prior to the initial obligation or expenditure of
funds appropriated pursuant to section 8, the Secretary of the Treasury
shall certify that adequate procedures and standards have been
established to ensure accountability for and monitoring of the use of
funds contributed to the Trust Fund, including the cost of
administering the Trust Fund.
(b) Transmittal of Certification.--The certification required by
subsection (a), and the bases for that certification, shall be
submitted by the Secretary of the Treasury to Congress.
SEC. 10. DEFINITIONS.
In this Act:
(1) Bank.--The term ``Bank'' means the International Bank
for Reconstruction and Development.
(2) Other countries of central asia.--The term ``other
countries of Central Asia'' means Kyrgyzstan, Pakistan,
Tajikistan, Turkmenistan, and Uzbekistan. | Afghanistan and Central Asian Republics Sustainable Food Production Trust Fund Act of 2001 - Directs the Secretary of the Treasury to enter into negotiations with the International Bank for Reconstruction and Development to establish an Afghanistan and Central Asian Republics Sustainable Food Production Trust Fund at the Bank to aid rural development in and create sustainable food production for Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Directs that grants from the Fund will go to assist nongovernmental organizations carrying out the following activities in those countries: (1) restocking seed; (2) replacing breeding livestock; (3) restoring basic irrigation systems; (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs; and (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan. | {"src": "billsum_train", "title": "To provide for the establishment of a trust fund at the International Bank for Reconstruction and Development to address long-term food production and rural development needs in Afghanistan and the Central Asian Republics."} | 2,953 | 184 | 0.646089 | 2.049704 | 1.073704 | 3.540373 | 17.465839 | 0.944099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Campaign of the Revolution
Heritage Area Study Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Southern Campaign of the Revolution Heritage Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of South
Carolina.
(4) Study area.--The term ``study area'' means the study
area described in section 3(b).
SEC. 3. SOUTHERN CAMPAIGN OF THE REVOLUTION HERITAGE AREA STUDY.
(a) In General.--The Secretary, in consultation with State historic
preservation officers, State historical societies, the South Carolina
Department of Parks, Recreation, and Tourism, and other appropriate
entities, shall conduct a study to assess the suitability and
feasibility of designating the study area as the Southern Campaign of
the Revolution Heritage Area.
(b) Description of Study Area.--The study area--
(1) shall include the counties of Anderson, Beaufort,
Charleston, Cherokee, Chester, Chesterfield, Colleton,
Darlington, Dorchester, Fairfield, Florence, Georgetown,
Greenville, Greenwood, Kershaw, Lancaster, Laurens, Marlboro,
Orangeburg, Pickens, Richland, Spartanburg, Sumter, Union,
Williamsburg, and York in the State; and
(2) may include--
(A) National Park Service sites in the State,
including--
(i) the Charles Pickney National Historic
Site;
(ii) Cowpens National Battlefield;
(iii) Fort Moultrie National Monument;
(iv) Kings Mountain National Military Park;
(v) the National Park Service affiliate of
the Historic Camden Revolutionary War Site; and
(vi) the Ninety Six National Historic Site;
(B) sites maintained by the State, including--
(i) Andrew Jackson State Park;
(ii) Colonial Dorchester State Historic
Site;
(iii) Fort Watson;
(iv) Eutaw Springs Battle Site;
(v) Hampton Plantation State Historic Site;
(vi) Landsford Canal State Historic Site;
and
(vii) Musgrove Mill State Park;
(C) other sites in the State that are open to the
public, including--
(i) Goose Creek Church;
(ii) Historic Brattonsville;
(iii) Hopsewee Plantation;
(iv) Middleton Place; and
(v) Walnut Grove Plantation;
(D) the cities of Beaufort, Camden, Cayce,
Charleston, Cheraw, Georgetown, Kingstree, Orangeburg,
and Winusboro, in the State; and
(E) appropriate sites and locations in the State of
North Carolina, as the Secretary determines to be
appropriate.
(c) Requirements.--The study shall include analysis, documentation,
and determinations on whether the study area--
(1) has an assemblage of natural, historic, and cultural
resources that--
(A) represent distinctive aspects of the heritage
of the United States;
(B) are worthy of recognition, conservation,
interpretation, and continuing use; and
(C) would be best managed--
(i) through partnerships between public and
private entities; and
(ii) by linking diverse and sometimes
noncontiguous resources and active communities;
(2) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the story of the United States;
(3) provides--
(A) outstanding opportunities to conserve natural,
historical, cultural, or scenic features; and
(B) outstanding recreational and educational
opportunities;
(4) contains resources that--
(A) are important to any identified themes of the
study area; and
(B) would support interpretation;
(5) includes residents, business interests, nonprofit
organizations, and State and local governments that--
(A) are involved in the planning of the Heritage
Area;
(B) have developed a conceptual financial plan that
outlines the roles of all participants in the Heritage
Area, including the Federal Government; and
(C) have demonstrated support for the designation
of the Heritage Area;
(6) has a potential management entity to work in
partnership with the individuals and entities referred to in
paragraph (5) while encouraging continued State and local
economic activity; and
(7) has a conceptual boundary map that is supported by the
public.
SEC. 4. REPORT.
Not later than the 3rd fiscal year that begins after the date on
which funds are first made available to carry out this Act, the
Secretary shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report on--
(1) the findings of the Secretary; and
(2) any conclusions and recommendations of the Secretary. | Southern Campaign of the Revolution Heritage Area Study Act - Directs the Secretary of the Interior to study and report to specified congressional committees on the suitability and feasibility of designating specified South Carolina counties, cities, public sites, other sites maintained by the State, and National Park Service sites in the State, as well as appropriate North Carolina sites, as the Southern Campaign of the Revolution Heritage Area. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to conduct a study of the suitability and feasibility of establishing the Southern Campaign of the Revolution Heritage Area in the State of South Carolina, and for other purposes."} | 1,058 | 81 | 0.63264 | 1.622428 | 1.119988 | 3.84 | 13.253333 | 0.906667 |
SECTION 1. REFORM OF CHARITABLE CONTRIBUTIONS OF CERTAIN EASEMENTS ON
BUILDINGS IN REGISTERED HISTORIC DISTRICTS.
(a) Special Rules With Respect to Buildings in Registered Historic
Districts.--Paragraph (4) of section 170(h) of the Internal Revenue
Code of 1986 (relating to definition of conservation purpose) is
amended by redesignating subparagraph (B) as subparagraph (C) and by
inserting after subparagraph (A) the following new subparagraph:
``(B) Special rules with respect to buildings in
registered historic districts.--In the case of any
contribution of a qualified real property interest
which is a restriction with respect to the exterior of
a building described in subparagraph (C)(ii), such
contribution shall not be considered to be exclusively
for conservation purposes unless--
``(i) such interest--
``(I) includes a restriction which
preserves the entire exterior of the
building (including the front, sides,
rear, and height of the building), and
``(II) prohibits any change in the
exterior of the building which is
inconsistent with the historical
character of such exterior,
``(ii) the donor and donee enter into a
written agreement certifying, under penalty of
perjury, that the donee--
``(I) is a qualified organization
(as defined in paragraph (3)) with a
purpose of environmental protection,
land conservation, open space
preservation, or historic preservation,
and
``(II) has the resources to manage
and enforce the restriction and a
commitment to do so, and
``(iii) in the case of any contribution
made in a taxable year beginning after the date
of the enactment of this subparagraph, the
taxpayer includes with the taxpayer's return
for the taxable year of the contribution--
``(I) a qualified appraisal (within
the meaning of subsection (f)(11)(E))
of the qualified property interest,
``(II) photographs of the entire
exterior of the building, and
``(III) a description of all
restrictions on the development of the
building.''.
(b) Filing Fee for Certain Contributions.--Subsection (f) of
section 170 of such Code (relating to disallowance of deduction in
certain cases and special rules) is amended by inserting at the end the
following new paragraph:
``(13) Contributions of certain interests in buildings
located in registered historic districts.--
``(A) In general.--No deduction shall be allowed
with respect to any contribution described in
subparagraph (B) unless the taxpayer includes with the
return for the taxable year of the contribution a $500
filing fee.
``(B) Contribution described.--A contribution is
described in this subparagraph if such contribution is
a qualified conservation contribution (as defined in
subsection (h)) which is a restriction with respect to
the exterior of a building described in subsection
(h)(4)(C)(ii) and for which a deduction is claimed in
excess of the greater of--
``(i) 3 percent of the fair market value of
the building (determined immediately before
such contribution), or
``(ii) $10,000.
``(C) Dedication of fee.--Any fee collected under
this paragraph shall be used for the enforcement of the
provisions of subsection (h).''.
(c) Effective Date.--
(1) Special rules for buildings in registered historic
districts.--The amendments made by subsection (a) shall apply
to contributions made after the date of the enactment of this
Act.
(2) Filing fee.--The amendment made by subsection (b) shall
apply to contributions made 180 days after the date of the
enactment of this Act.
SEC. 2. PROVISIONS RELATING TO SUBSTANTIAL AND GROSS OVERSTATEMENTS OF
VALUATIONS OF CHARITABLE DEDUCTION PROPERTY.
(a) Substantial and Gross Overstatements of Valuations of
Charitable Deduction Property.--
(1) In general.--Section 6662 of the Internal Revenue Code
of 1986 (relating to imposition of accuracy-related penalties)
is amended by adding at the end the following new subsection:
``(i) Special Rules for Charitable Deduction Property.--In the case
of charitable deduction property (as defined in section
6664(c)(3)(A))--
``(1) the determination under subsection (e)(1)(A) as to
whether there is a substantial valuation misstatement under
chapter 1 with respect to the value of the property shall be
made by substituting `150 percent' for `200 percent', and
``(2) the determination under subsection (h)(2)(A)(i) as to
whether there is a gross valuation misstatement with respect to
the value of the property shall be made by substituting `200
percent' for `400 percent' and by substituting `150 percent'
for `200 percent' in applying subsection (e)(1)(A) for purposes
of such determination.''.
(2) Elimination of reasonable cause exception for gross
misstatements.--Section 6664(c)(2) of such Code (relating to
reasonable cause exception for underpayments) is amended by
striking ``paragraph (1) shall not apply unless'' and inserting
``paragraph (1) shall not apply. The preceding sentence shall
not apply to a substantial valuation overstatement under
chapter 1 if''.
(b) Qualified Appraisers and Appraisals.--
(1) In general.--Subparagraph (E) of section 170(f)(11) of
such Code is amended to read as follows:
``(E) Qualified appraisal and appraiser.--For
purposes of this paragraph--
``(i) Qualified appraisal.--The term
`qualified appraisal' means, with respect to
any property, an appraisal of such property
which--
``(I) is treated for purposes of
this paragraph as a qualified appraisal
under regulations or other guidance
prescribed by the Secretary, and
``(II) is conducted by a qualified
appraiser in accordance with generally
accepted appraisal standards and any
regulations or other guidance
prescribed under subclause (I).
``(ii) Qualified appraiser.--Except as
provided in clause (iii), the term `qualified
appraiser' means an individual who--
``(I) has earned an appraisal
designation from a recognized
professional appraiser organization or
has otherwise met minimum education and
experience requirements set forth in
regulations prescribed by the
Secretary,
``(II) regularly performs
appraisals for which the individual
receives compensation, and
``(III) meets such other
requirements as may be prescribed by
the Secretary in regulations or other
guidance.
``(iii) Specific appraisals.--An individual
shall not be treated as a qualified appraiser
with respect to any specific appraisal unless--
``(I) the individual demonstrates
verifiable education and experience in
valuing the type of property subject to
the appraisal, and
``(II) the individual has not been
prohibited from practicing before the
Internal Revenue Service by the
Secretary under section 330(c) of title
31, United States Code, at any time
during the 3-year period ending on the
date of the appraisal.''.
(2) Reasonable cause exception.--Subparagraphs (B) and (C)
of section 6664(c)(3) of such Code are amended to read as
follows:
``(B) Qualified appraisal.--The term `qualified
appraisal' has the meaning given such term by section
170(f)(11)(E)(i).
``(C) Qualified appraiser.--The term `qualified
appraiser' has the meaning given such term by section
170(f)(11)(E)(ii).''.
(c) Effective Dates.--
(1) Misstatement penalties.--The amendments made by
subsection (a) shall apply to returns filed after the date of
the enactment of this Act.
(2) Appraiser provisions.--The amendments made by
subsection (b) shall apply to appraisals prepared with respect
to returns or submissions filed after the date of the enactment
of this Act. | Amends the Internal Revenue Code to modify requirements for the tax deduction for charitable contributions of easements on buildings in registered historic districts to require such easements to preserve the entire exterior of the building and to prohibit any change in the exterior of the buildings which is inconsistent with the historic character of such exterior. Imposes additional reporting, appraisal, and filing fee requirements.
Revises criteria for determining substantial and gross overstatements of valuations of charitable deduction property. Eliminates the reasonable cause exception for waiving penalties for such overstatements. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reform the charitable contribution deduction rules on contributions of certain easements on buildings in registered historic districts, and for other purposes."} | 1,853 | 114 | 0.544218 | 1.465024 | 0.604043 | 2.666667 | 16.510417 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Need Physician Workforce
Incentives Act of 2007''.
SEC. 2. HIGH-NEED PHYSICIAN SPECIALTY WORKFORCE INCENTIVES.
Page E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following:
``Subpart 3--High-Need Physician Specialty Workforce Incentives
``SEC. 775. SCHOLARSHIP PROGRAM.
``(a) Purpose.--The purpose of this section is to alleviate
critical shortages of physicians in the fields of family practice,
internal medicine, pediatrics, emergency medicine, general surgery, and
obstetrics-gynecology.
``(b) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, shall make grants to
critical shortage health facilities to carry out a scholarship program
described in this section.
``(c) Scholarships.--A health facility receiving a grant under this
section shall use the grant to enter into contracts with eligible
individuals under which--
``(1) the facility agrees to provide the individual with a
scholarship for each school year (not to exceed 4 school years)
in which the individual is enrolled as a full-time student in a
school of medicine or a school of osteopathic medicine; and
``(2) the individual agrees--
``(A) to maintain an acceptable level of academic
standing;
``(B) to complete a residency in the field of
family practice, internal medicine, pediatrics,
emergency medicine, general surgery, or obstetrics-
gynecology; and
``(C) after completing the residency, to serve as a
physician at such facility in such field for a time
period equal to the greater of--
``(i) one year for each school year for
which the individual was provided a scholarship
under this section; or
``(ii) two years.
``(d) Amount of Scholarship.--
``(1) In general.--The amount paid by a health facility to
an individual through a scholarship under this section shall
not exceed $30,000 for any school year.
``(2) Considerations.--In determining the amount of a
scholarship to be provided to an individual under this section,
a health facility may take into consideration the individual's
financial need, geographic differences, and educational costs.
``(3) Exclusion from gross income.--For purposes of the
Internal Revenue Code of 1986, gross income shall not include
any amount received as a scholarship under this section.
``(e) Application of Certain Provisions.--The provisions of subpart
III of part D of title III shall, except as inconsistent with this
section, apply to the program established under this section in the
same manner and to the same extent as such provisions apply to the
National Health Service Corps Scholarship Program established in such
subpart.
``(f) Definitions.--In this subsection:
``(1) The term `critical shortage health facility' means a
public or private nonprofit health facility that does not serve
a health professional shortage area (as such term is defined in
section 332), but has a critical shortage of physicians (as
determined by the Secretary) in the field of family practice,
internal medicine, pediatrics, emergency medicine, general
surgery, or obstetrics-gynecology.
``(2) The term `eligible individual' means an individual
who is enrolled or accepted for enrollment as a full-time
student in an accredited school of medicine or school of
osteopathic medicine.
``(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2008 through 2012.
``SEC. 776. LOAN REPAYMENT PROGRAM.
``(a) Purpose.--The purpose of this section is to alleviate
critical shortages of physicians in the fields of family practice,
internal medicine, pediatrics, emergency medicine, general surgery, and
obstetrics-gynecology.
``(b) Loans.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, shall establish a
program of entering into contracts with eligible individuals under
which--
``(1) the individual agrees to serve--
``(A) as a physician in the field of family
practice, internal medicine, pediatrics, emergency
medicine, general surgery, or obstetrics-gynecology;
and
``(B) in an area that is not a health professional
shortage area (as such term is defined in section 332),
but has a critical shortage of physicians (as
determined by the Secretary) in such field; and
``(2) the Secretary agrees to pay, for each year of such
service, not more than $35,000 of the principal and interest of
the undergraduate or graduate educational loans of the
individual.
``(c) Service Requirement.--A contract entered into under this
section shall allow the individual receiving the loan repayment to
satisfy the service requirement described in subsection (b)(1) through
employment in a solo or group practice, a clinic, a public or private
nonprofit hospital, or any other appropriate health care entity.
``(d) Application of Certain Provisions.--The provisions of subpart
III of part D of title III shall, except as inconsistent with this
section, apply to the program established in this section to the same
extent and in the same manner as such provisions apply to the National
Health Service Corps Loan Repayment Program established in such
subpart.
``(e) Definition.--In this section, the term `eligible individual'
means an individual with a degree in medicine or osteopathic medicine.
``(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2008 through 2012.
``SEC. 777. PRIMARY CARE PHYSICIAN RETENTION AND MEDICAL HOME
ENHANCEMENT GRANTS.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, shall make grants to
States to provide care management fees to physicians in medically
underserved communities to support the provision of targeted,
accessible, continuous, coordinated, and patient-centered care through
a qualified medical home.
``(b) Qualified Medical Homes.--
``(1) In general.--In this section, the term `qualified
medical home' means a physician-directed practice that is
certified as a qualified medical home in accordance with this
subsection.
``(2) Actions by secretary.--Not later than 90 days after
the date of the enactment of this subpart, the Secretary
shall--
``(A) designate one or more objective external
private-sector entities to certify physician-directed
practices as qualified medical homes; and
``(B) issue requirements for such certification.
``(3) Requirements.--The requirements referred to in
paragraph (2)(B) shall set forth a certification process
whereby--
``(A) a physician-directed practice, in
consultation with the State where the practice is
located, submits an application on a voluntary basis to
an entity designated by the Secretary under paragraph
(2)(A); and
``(B) the entity certifies the practice as a
qualified medical home if the practice demonstrates
that the practice has capabilities to achieve
improvements in the management and coordination of care
of patients described in paragraph (4) by incorporating
attributes of the care management model described in
paragraph (5).
``(4) Eligible patients.--The patients referred to in
paragraph (3)(B)--
``(A) are patients determined by the State involved
under criteria developed by the Secretary to be
underserved, special needs, or high risk patients; and
``(B) shall include individuals who--
``(i) are eligible for medical assistance
under title XIX of the Social Security Act;
``(ii) are eligible for child health
assistance under title XXI of the Social
Security Act; or
``(iii) otherwise lack health insurance.
``(5) Care management model.--The care management model
referred to in paragraph (3)(B) is a model that uses health
information technology and other physician-practice innovations
to improve the management and coordination of patient care.
Such a model includes the following conditions:
``(A) Physicians advocate for their patients to
support the attainment of optimal, patient-centered
outcomes that are defined by a care planning process
driven by a partnership between physicians, patients,
and the patient's family.
``(B) Evidence-based medicine and clinical
decision-support tools guide decision making.
``(C) Physicians in the practice accept
accountability for continuous quality improvement
through voluntary engagement in performance measurement
and improvement.
``(D) Patients actively participate in
decisionmaking; patients take personal responsibility
for their own health through diet and lifestyle
changes; and feedback is sought to ensure that
patients' expectations are being met.
``(E) Information technology is utilized
appropriately to support optimal patient care,
performance measurement, patient education, and
enhanced communication.
``(F) Patients and families participate in quality
improvement activities at the practice level.
``(c) Amount of Care Management Fee.--
``(1) In general.--As a condition on the receipt of a grant
under this section, a State shall agree to determine the amount
of each care management fee provided through the grant in
accordance with the guidance issued by the Secretary under
paragraph (2).
``(2) Guidance.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall issue guidance
for determining the amount of a care management fee to be
provided through a grant under this section. Such guidance
shall take into account the costs of implementation, additional
time by participating physicians, and training associated with
compliance with this section. Such guidance shall include--
``(A) recognition of the value of physician and
clinical staff work associated with patient care that
falls outside the face-to-face visit, such as the time
and effort spent on educating family caregivers and
arranging appropriate follow-up services with other
health care professionals, such as nurse educators;
``(B) recognition of expenses that the qualified
medical home will incur to acquire and utilize health
information technology, such as clinical decision
support tools, patient registries, and electronic
medical records;
``(C) additional performance-based reimbursement
payments based on reporting on evidence-based quality,
cost of care, and patient experience measures;
``(D) reimbursement for separately identifiable e-
mail and telephonic consultations, either as
separately-billable services or as part of a global
management fee;
``(E) recognition of the specific circumstances and
expenses associated with physician practices of fewer
that 5 full-time employees in implementing the
attributes of a qualified medical home and care
management model described in subsection (b); and
``(F) recognition and sharing of savings that may
result from a qualified medical home.
``(d) Application.--A State seeking a grant under this section
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
Each such application shall describe the methodologies to be used by
the State to determine the amount of care managements fees to be
provided through the grant.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2008 through 2012.
``SEC. 778. COMPREHENSIVE GERIATRIC TRAINING GRANTS.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, shall make grants to
board-certified entities to establish or expand geriatric fellowship
programs described in subsection (b).
``(b) Geriatric Fellowship Programs.--A geriatric fellowship
program funded through a grant under this section shall provide 1-year
fellowships to train physicians practicing in rural areas or in the
field of family practice, internal medicine, emergency medicine,
general surgery, or obstetrics-gynecology, at any time during their
careers, in geriatric medicine.
``(c) Amount.--As a condition on the receipt of a grant under this
section, an entity shall agree to expend not more than $50,000 of the
grant per fellow.
``(d) Preference.--In awarding grants under this section, the
Secretary shall give preference to entities seeking to establish or
expand a fellowship program in a rural area, a suburban area, or a
medically underserved community.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000 for each of fiscal
years 2008 through 2012.
``SEC. 779. REPORTS TO CONGRESS.
``Not later than 1 year after the date of the enactment of the
High-Need Physician Workforce Incentives Act of 2007, and annually
thereafter, the Secretary shall submit a report to the Congress--
``(1) identifying the number of grants and loans made under
this section during the preceding 12-month period; and
``(2) describing the results achieved through such grants
and loans, including the extent to which such grants and loans
met the needs of the physician workforce in rural areas and in
the fields of family practice, internal medicine, pediatrics,
emergency medicine, general surgery, and obstetrics-
gynecology.''.
SEC. 3. EXEMPTION FROM GROSS INCOME FOR CERTAIN COMPENSATION PAID TO
PHYSICIANS BY LOCAL GOVERNMENTS FOR SERVICE IN MEDICALLY
UNDERSERVED AREAS.
(a) In General.--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 adding at the end the following new
section:
``SEC. 139B. CERTAIN COMPENSATION PAID TO PHYSICIANS BY LOCAL
GOVERNMENTS FOR SERVICE IN MEDICALLY UNDERSERVED AREAS.
``(a) In General.--Gross income does not include compensation
received by a physician (as defined in section 1861(r) of the Social
Security Act) from a local government (as defined in section
1393(a)(5)) for qualified medical service.
``(b) Qualified Medical Service.--For purposes of this section, the
term `qualified medical service' means medical care described in
section 213(d)(1)(A) which is performed--
``(1) in a medically underserved community (as defined in
section 799B(6) of the Public Health Service Act), and
``(2) under a contract with the local government referred
to in subsection (a) for the performance of such services for a
period of not less than 4 years.
``(c) No Exemption From Employment Taxes.--Compensation shall not
fail to be taken into account as wages under any provision of subtitle
C solely because such compensation is excluded from gross income under
this section.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139A the following new item:
``Sec. 139B. Certain compensation paid to physicians by local
governments for service in medically
underserved areas.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | High-Need Physician Workforce Incentives Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to make grants to critical shortage health facilities for scholarships to individuals agreeing to serve as a physician at such facility after completing residency in the fields of family practice, internal medicine, pediatrics, emergency medicine, general surgery, or obstetrics-gynecology. Excludes such scholarship funds from an individual's gross income.
Requires the Secretary, acting through the Administrator, to: (1) establish a loan repayment program for individuals agreeing to serve as physicians in specified fields in areas that are not health professional shortage areas, but that have a critical shortage of physicians in such field; (2) make grants to states to provide care management fees to physicians in medically underserved communities to support the provision of targeted, accessible, continuous, coordinated, and patient-centered care through a qualified medical home; and (3) make grants to board-certified entities to establish or expand geriatric fellowship programs to train physicians practicing in rural areas or in specified fields in geriatric medicine.
Amends the Internal Revenue Code to exclude from an individual's gross income compensation received by a physician from a local government for medical care performed: (1) in a medically underserved community; and (2) under a contract with the local government for a period of not less than four years. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to alleviate critical shortages of physicians in the fields of family practice, internal medicine, pediatrics, emergency medicine, general surgery, and obstetrics-gynecology, and for other purposes."} | 3,537 | 322 | 0.66975 | 1.880265 | 0.912005 | 5.103203 | 11.252669 | 0.946619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bond Fairness and Protection Act of
1999''.
SEC. 2. TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRIC FACILITIES.
(a) Permitted Open Access Transactions Not a Private Business
Use.--Section 141(b)(6) of the Internal Revenue Code of 1986 (defining
private business use) is amended by adding at the end the following:
``(C) Permitted open access transactions not a
private business use.--
``(i) In general.--For purposes of this
subsection, the term `private business use'
shall not include a permitted open access
transaction.
``(ii) Permitted open access transaction
defined.--For purposes of clause (I), the term
`permitted open access transaction' means any
of the following transactions or activities
with respect to an electric output facility (as
defined in subsection (f)(4)(A)) owned by a
governmental unit:
``(I) Providing open access
transmission services and ancillary
services that meet the reciprocity
requirements of Federal Energy
Regulatory Commission Order No. 888, or
that are ordered by the Federal Energy
Regulatory Commission, or that are
provided in accordance with a
transmission tariff of an independent
system operator approved by such
Commission, or are consistent with
state administered laws, rules or
orders providing for open transmission
access.
``(II) Participation in an
independent system operator agreement
(which may include transferring control
of transmission facilities to an
independent system operator), in a
regional transmission group, or in a
power exchange agreement approved by
such Commission.
``(III) Delivery on an open access
basis of electric energy sold by other
entities to end-users served by such
governmental unit's distribution
facilities.
``(IV) If open access service is
provided under subclause (I) or (III),
the sale of electric output of electric
output facilities on terms other than
those available to the general public
if such sale is to an on-system
purchaser or is an existing off-system
sale.
``(V) Such other transactions or
activities as may be provided in
regulations prescribed by the
Secretary.
``(iii) Definitions; special rules.--For
purposes of this subparagraph--
``(I) On-system purchaser.--The
term `on-system purchaser' means a
person who purchases electric energy
from a governmental unit and whose
electric facilities or equipment are
directly connected with transmission or
distribution facilities that are owned
by such governmental unit.
``(II) Off-system purchaser.--The
term `off-system purchaser' means a
purchaser of electric energy from a
governmental unit other than an on-
system purchaser.
``(III) Existing off-system sale.--
The term `existing off-system sale'
means a sale of electric energy to a
person that was an off-system purchaser
of electric energy in the base year,
but not in excess of the kilowatt hours
purchased by such person in such year.
``(IV) Base year.--The term `base
year' means 1998 (or, at the election
of such unit, in 1996 or 1997).
``(V) Joint action agencies.--A
member of a joint action agency that is
entitled to make a sale described in
clause (ii)(IV) in a year may transfer
that entitlement to the joint action
agency in accordance with rules of the
Secretary.
``(VI) Government-owned facility.--
An electric output facility (as defined
in subsection (f)(4)(A)) shall be
treated as owned by a governmental unit
if it is owned or leased by such
governmental unit or if such
governmental unit has capacity rights
therein acquired before July 9, 1996,
for the purposes of serving one or more
customers to which such governmental
unit had a service obligation on such
date under state law or a requirements
contract.''.
(b) Election To Terminate Tax Exempt Financing.--Section 141 of the
Internal Revenue Code of 1986 (relating to private activity bond;
qualified bond) is amended by adding at the end the following:
``(f) Election To Terminate Tax-Exempt Bond Financing for Certain
Electric Output Facilities.--
``(1) In general.--An issuer may make an irrevocable
election under this paragraph to terminate certain tax-exempt
financing for electric output facilities. If the issuer makes
such election, then--
``(A) except as provided in paragraph (2), no bond
the interest on which is exempt from tax under section
103 may be issued on or after the date of such election
with respect to an electric output facility; and
``(B) notwithstanding paragraph (1) or (2) of
subsection (a) or paragraph (5) of subsection (b), with
respect to an electric output facility no bond that was
issued before the date of enactment of this subsection,
the interest on which was exempt from tax on such date,
shall be treated as a private activity bond, for so
long as such facility continues to be owned by a
governmental unit.
``(2) Exceptions.--An election under paragraph (1) does not
apply to--
``(A) any qualified bond (as defined in subsection
(e)),
``(B) any eligible refunding bond, or
``(C) any bond issued to finance a qualifying T&D
facility, or
``(D) any bond issued to finance equipment
necessary to meet Federal or state environmental
requirements applicable to, or repair of, electric
output facilities in service on the date of enactment
of this subsection. Repairs or equipment may not
increase by more than a de minimus degree the capacity
of the facility beyond its original design.
``(3) Form and effect of elections.--An election under
paragraph (1) shall be made in such a manner as the Secretary
prescribes and shall be binding on any successor in interest to
the electing issuer.
``(4) Definitions.--For purposes of this subsection--
``(A) Electric output facility.--The term `electric
output facility' means an output facility that is an
electric generation, transmission, or distribution
facility.
``(B) Eligible refunding bond.--The term `eligible
refunding bond' means state or local bonds issued after
an election described in paragraph (1) that directly or
indirectly refund state or local bonds issued before
such election, if the weighted averaged maturity of the
refunding bonds do not exceed the remaining weighted
average maturity of the bonds issued before the
election.
``(C) Qalifying t&d facility.--The term `qualifying
T&D facility' means--
``(i) transmission facilities over which
services described in subsection
(b)(6)(C)(ii)(I) are provided, or
``(ii) distribution facilities over which
services described in subsection
(b)(6)(C)(ii)(III) are provided.''.
(c) Effective Date, Applicability, and Transition Rules.--
(1) Effective date.--The amendments made by this section
take effect on the date of enactment of this Act, except that a
governmental unit may elect to apply section 141(b)(6)(C) of
the Internal Revenue Code of 1986, as added by subsection (a),
with respect to permitted open access transactions on or after
July 9, 1996.
(2) Applicability.--References in the Act to sections of
the Internal Revenue Code of 1986, as amended, shall be deemed
to include references to comparable sections of the Internal
Revenue Code of 1954, as amended.
(3) Transition rules.--
(A) Private business use.--Any activity that was
not a private business use prior to the effective date
of the amendment made by subsection (a) shall not be
deemed to be a private business use by reason of the
enactment of such amendment.
(B) Election.--An issuer making the election under
section 141(f) of the Internal Revenue Code of 1986, as
added by subsection (b), shall not be liable under any
contract in effect on the date of enactment of this Act
for any claim arising from having made the election. | Bond Fairness and Protection Act of 1999 - Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to exclude a permitted open access transaction (as defined by this Act) from the definition of private business use.
Permits, as specified, termination of tax-exempt bond financing for certain electric output facilities. | {"src": "billsum_train", "title": "Bond Fairness and Protection Act of 1999"} | 1,829 | 78 | 0.552605 | 1.388064 | 0.680468 | 3.852941 | 24.764706 | 0.911765 |
SECTION 1. SCHOLARSHIP PROGRAM FOR EDUCATION AND TRAINING OF BEHAVIORAL
HEALTH CARE SPECIALISTS FOR VET CENTERS.
(a) Program Required.--The Secretary of Veterans Affairs shall,
acting through the Under Secretary for Health of the Department of
Veterans Affairs, carry out a program to provide scholarships to
individuals pursuing education or training in behavioral health care
specialties that are critical to the operations of Vet Centers in order
to recruit and retain individuals with such specialties for service as
behavioral health care specialists in Vet Centers.
(b) Eligibility.--An individual shall be eligible for a scholarship
under the program under this section if the individual--
(1) is pursuing education or training leading to licensure
or other certified proficiency in such behavioral health care
specialties critical to the operations of Vet Centers as the
Secretary shall designate for purposes of the program; and
(2) otherwise meets such other criteria or requirements as
the Secretary shall establish for purposes of the program.
(c) Amount.--The amount of any scholarship provided under the
program under this section shall be determined by the Secretary.
(d) Agreement To Serve as Behavioral Health Care Specialist in Vet
Centers.--As a condition of receipt of a scholarship under the program
under this section, an individual receiving a scholarship shall enter
into an agreement with the Secretary to serve as an employee of a Vet
Center in the behavioral health care specialty of the individual for
such period as the Secretary shall specify in the agreement.
(e) Repayment.--Each agreement under subsection (c) shall contain
such provisions as the Under Secretary shall establish for purposes of
the program under this section relating to repayment of the amount of a
scholarship provided under this section in the event the individual
entering into such agreement does not fulfill the service requirements
in such agreement. Such provisions shall, to the maximum extent
practicable, apply uniformly to all recipients of scholarships provided
under this section.
(f) Funding.--(1) Amounts for scholarships under the program under
this section shall be derived from amounts available to the Secretary
of Veterans Affairs for readjustment benefits.
(2) The total amount available for scholarships under the program
under this section in any fiscal year may not exceed $2,000,000.
(g) Vet Centers Defined.--In this section, the term ``Vet Centers''
means the centers for readjustment counseling and related mental health
services for veterans under section 1712A of title 38, United States
Code.
SEC. 2. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES WHO SERVE IN
OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM FOR
COUNSELING AND SERVICES THROUGH VETS CENTERS.
(a) In General.--Any member of the Armed Forces, including a member
of the National Guard or Reserve, who serves on active duty in the
Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom
is eligible for readjustment counseling and related mental health
services under section 1712A of title 38, United States Code, through
the centers for readjustment counseling and related mental health
services (commonly referred to as ``Vet Centers'') operated under that
section.
(b) No Requirement for Current Active Duty Service.--A member of
the Armed Forces who meets the requirements for eligibility for
counseling and services under subsection (a) is entitled to counseling
and services under that subsection regardless of whether or not the
member is currently on active duty in the Armed Forces at the time of
receipt of counseling and services under that subsection.
(c) Regulations.--The eligibility of members of the Armed Forces
for counseling and services under subsection (a) shall be subject to
such regulations as the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly prescribe for purposes of this section.
SEC. 3. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL
AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF
THE ARMED FORCES NOT AUTHORIZED COUNSELING.
Section 1712A of title 38, United States Code, is amended by
inserting after subsection (b) the following new subsection (c):
``(c) Upon receipt of a request for counseling under this section
from any individual who has been discharged or released from active
military, naval, or air service but who is not otherwise eligible for
such counseling, the Secretary shall--
``(1) provide referral services to assist such individual,
to the maximum extent practicable, in obtaining mental health
care and services from sources outside the Department; and
``(2) if pertinent, advise such individual of such
individual's rights to apply to the appropriate military,
naval, or air service, and to the Department, for review of
such individual's discharge or release from such service.''.
SEC. 4. TREATMENT OF SUICIDES OF CERTAIN FORMER MEMBERS OF THE ARMED
FORCES AS DEATHS IN LINE OF DUTY FOR PURPOSES OF
ELIGIBILITY OF SURVIVORS FOR CERTAIN BENEFITS.
(a) Treatment as Death in Line of Duty of Suicides of Certain
Former Members of the Armed Forces.--The suicide of a former member of
the Armed Forces described in subsection (b) that occurs during the
two-year period beginning on the date of the separation or retirement
of the former member from the Armed Forces shall be treated as a death
in line of duty of a member of the Armed Forces on active duty in the
Armed Forces for purposes of the eligibility of the survivors of the
former member for the benefits described in subsection (c).
(b) Covered Former Members of the Armed Forces.--A former member of
the Armed Forces described in this subsection is any former member of
the Armed Forces with a medical history of a combat-related mental
health condition or Post Traumatic Stress Disorder (PTSD) or Traumatic
Brain Injury (TBI).
(c) Covered Benefits.--The benefits described in this subsection
are the benefits as follows:
(1) Burial benefits.
(2) Benefits under the Survivor Benefit Plan under
subchapter II of chapter 73 of title 10, United States Code.
(3) Benefits under the laws administered by the Secretary
of Veterans Affairs.
(4) Benefits under the Social Security Act.
(d) Dates for Purposes of Certain Determinations.--
(1) Date of death.--Except as provided in paragraph (2),
for purposes of the benefits under this section, the date of
death of a former member of the Armed Forces described by
subsection (a) shall be the date of the separation or
retirement of the former member from the Armed Forces.
(2) Date for nature of eligibility.--In determining the
scope and nature of the entitlement a survivor of a former
member of the Armed Forces described by subsection (a) to
benefits under this section, the date of death of the former
member shall be the date of the suicide of the former member.
(e) Refund of Reduction in Retired Pay Under SBP.--Any reduction in
the retired pay of a former member of the Armed Forces described by
subsection (a) under the Survivor Benefit Plan under subchapter II of
chapter 73 of title 10, United States Code, during the period beginning
on the date of the retirement of the former member from the Armed
Forces and ending on the date of the suicide of the former member shall
be refunded to the surviving spouse or children, as applicable, of the
former member.
SEC. 5. GRANTS FOR NON-PROFIT ORGANIZATIONS FOR THE PROVISION OF
EMOTIONAL SUPPORT SERVICES TO SURVIVORS OF MEMBERS OF THE
ARMED FORCES AND VETERANS.
(a) In General.--The Secretary of Defense shall carry out a program
to award grants to non-profit organizations that provide emotional
support services for survivors of deceased members of the Armed Forces
(including members of the National Guard and Reserve) and deceased
veterans through peers of such survivors.
(b) Award of Grants.--
(1) Eligibility.--To be eligible for a grant under the
program under this section a non-profit organization shall meet
such criteria as the Secretary shall establish for purposes of
the program.
(2) Application.--A non-profit organization seeking a grant
under the program shall submit to the Secretary an application
for the grant in such form and manner as the Secretary shall
specify for purposes of the program.
(c) Grants.--
(1) Amount.--The amount of each grant awarded a non-profit
organization under the program under this section shall be such
amount as the Secretary determines appropriate for purposes of
the program.
(2) Duration.--The duration of each grant awarded a non-
profit organization shall be such period as the Secretary
determines appropriate for purposes of the program.
(d) Use of Grant Funds.--Each non-profit organization awarded a
grant under the program under this section shall utilize amounts under
the grant to provide such emotional support services for survivors of
deceased members of the Armed Forces (including members of the National
Guard and Reserve) and deceased veterans through peers of such
survivors as the Secretary shall specify in the grant.
(e) Funding.--Amounts for grants under the program under this
section shall be derived from amounts authorized to be appropriated for
the Department of Defense for military personnel. | Directs the Secretary of Veterans Affairs to provide scholarships to individuals pursuing education or training in behavioral health care specialties that are critical to the operations of Vet Centers (centers for readjustment counseling and related mental health services for veterans) in order to recruit and retain individuals with such specialties for service in Vet Centers. Conditions the scholarship on agreeing to serve in such a capacity for whatever period the Secretary specifies in the agreement.
Makes any Armed Forces member who serves in Operation Iraqi Freedom or Operation Enduring Freedom eligible for readjustment counseling and related mental health services through Vet Centers regardless of whether the member is on active duty at the time of receipt of counseling and services.
Directs the Secretary, on receipt of a request for counseling from an individual who has been discharged or released from active service, to: (1) provide referrals to assist the individual in obtaining mental health care and services outside the Department of Veterans Affairs; and (2) if pertinent, advise such individual of the individual's rights to apply for review of the discharge or release.
Treats the suicide of a former member that occurs within two years after separation or retirement, if the member had a medical history of a combat-related mental health condition, Post Traumatic Stress Disorder (PTSD), or Traumatic Brain Injury (TBI), as a death in line of duty for purposes of the survivors' eligibility to burial benefits and benefits under the Survivor Benefit Plan, laws administered by the Secretary, and the Social Security Act.
Directs the Secretary of Defense to award grants to nonprofit organizations that provide emotional support services for survivors of deceased members of the Armed Forces and deceased veterans through the survivors' peers. | {"src": "billsum_train", "title": "A bill to improve and enhance the mental health care benefits available to members of the Armed Forces and veterans, to enhance counseling and other benefits available to survivors of members of the Armed Forces and veterans, and for other purposes."} | 2,086 | 356 | 0.662556 | 1.944907 | 0.753109 | 4.767802 | 5.643963 | 0.947368 |
SECTION 1. TEMPORARY EXPENSING FOR EQUIPMENT USED IN REFINING OF LIQUID
FUELS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
179D the following new section:
``SEC. 179E. ELECTION TO EXPENSE CERTAIN REFINERIES.
``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any qualified refinery property as an expense which is not
chargeable to capital account. Any cost so treated shall be allowed as
a deduction for the taxable year in which the qualified refinery is
placed in service.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall be made in such manner as the Secretary may by
regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Refinery Property.--
``(1) In general.--The term `qualified refinery property'
means any refinery or portion of a refinery--
``(A) the original use of which commences with the
taxpayer,
``(B) the construction of which--
``(i) except as provided in clause (ii), is
subject to a binding construction contract
entered into after June 14, 2005, and before
January 1, 2010, but only if there was no
written binding construction contract entered
into on or before June 14, 2005, or
``(ii) in the case of self-constructed
property, began after June 14, 2005,
``(C) which is placed in service by the taxpayer
after the date of the enactment of this section and
before January 1, 2014,
``(D) in the case of any portion of a refinery,
which meets the requirements of subsection (d), and
``(E) which meets all applicable environmental laws
in effect on the date such refinery or portion thereof
was placed in service.
``(2) Special rule for sale-leasebacks.--For purposes of
paragraph (1)(A), if property is--
``(A) originally placed in service after the date
of the enactment of this section by a person, and
``(B) sold and leased back by such person within 3
months after the date such property was originally
placed in service,
such property shall be treated as originally placed in service
not earlier than the date on which such property is used under
the leaseback referred to in subparagraph (B).
``(3) Effect of waiver under clean air act.--A waiver under
the Clean Air Act shall not be taken into account in
determining whether the requirements of paragraph (1)(E) are
met.
``(d) Production Capacity.--The requirements of this subsection are
met if the portion of the refinery--
``(1) increases the rated capacity of the existing refinery
by 5 percent or more over the capacity of such refinery as
reported by the Energy Information Agency on January 1, 2005,
``(2) enables the existing refinery to process qualified
fuels (as defined in section 29(c)) at a rate which is equal to
or greater than 25 percent of the total throughput of such
refinery on an average daily basis, or
``(3) replaces any portion of a refinery damaged or
destroyed by Hurricane Katrina.
``(e) Election to Allocate Deduction to Cooperative Owner.--If--
``(1) a taxpayer to which subsection (a) applies is an
organization to which part I of subchapter T applies, and
``(2) one or more persons directly holding an ownership
interest in the taxpayer are organizations to which part I of
subchapter T apply,
the taxpayer may elect to allocate all or a portion of the deduction
allowable under subsection (a) to such persons. Such allocation shall
be equal to the person's ratable share of the total amount allocated,
determined on the basis of the person's ownership interest in the
taxpayer. The taxable income of the taxpayer shall not be reduced under
section 1382 by reason of any amount to which the preceding sentence
applies.
``(f) Ineligible Refineries.--No deduction shall be allowed under
subsection (a) for any qualified refinery property--
``(1) the primary purpose of which is for use as a topping
plant, asphalt plant, lube oil facility, crude or product
terminal, or blending facility, or
``(2) which is built solely to comply with consent decrees
or projects mandated by Federal, State, or local governments.
``(g) Reporting.--No deduction shall be allowed under subsection
(a) to any taxpayer for any taxable year unless such taxpayer files
with the Secretary a report containing such information with respect to
the operation of the refineries of the taxpayer as the Secretary shall
require.''.
(b) Conforming Amendments.--
(1) Section 1245(a) of the Internal Revenue Code of 1986 is
amended by inserting ``179E,'' after ``179D,'' both places it
appears in paragraphs (2)(C) and (3)(C).
(2) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (J), by striking the period
at the end of subparagraph (K) and inserting ``, or'', and by
inserting after subparagraph (K) the following new
subparagraph:
``(L) expenditures for which a deduction is allowed
under section 179E.''.
(3) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179D'' each place it appears in the heading and
text and inserting ``179D, or 179E''.
(4) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179D the following new item:
``Sec. 179E. Election to expense certain refineries.''.
(c) Effective Date.--The amendments made by this section shall
apply to properties placed in service after the date of the enactment
of this Act. | Amends the Internal Revenue Code to allow a taxpayer election to expense the cost of certain fuel refinery property that meets a specified production capacity and is placed in service before January 1, 2014. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow the temporary expensing of equipment used in refining of liquid fuels."} | 1,430 | 40 | 0.574533 | 1.33863 | 0.41981 | 2.416667 | 35.888889 | 0.861111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian-American Enterprise Fund
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The 7.3-magnitude earthquake that struck Haiti on
January 12, 2010--
(A) was Haiti's worst natural catastrophe in 200
years;
(B) caused the deaths of more than 200,000 people;
(C) destroyed 105,000 homes, 50 hospitals and
health centers, and 1,300 school and university
buildings; and
(D) significantly damaged the Presidential Palace,
the National Assembly building, and most of the other
government buildings in the capital city of Port-au-
Prince.
(2) Even before the earthquake, Haiti was the poorest
country in the Western Hemisphere, with--
(A) 80 percent of the population living below the
poverty line;
(B) 54 percent of the population in abject poverty;
and
(C) more than \2/3\ of the labor force believed to
lack formal employment.
(3) Although Haiti's per capita gross domestic product is
among the world's lowest, positive economic growth trends were
slowly emerging before the earthquake and Haiti was 1 of 2
Caribbean countries expected to experience positive economic
growth in 2009.
(4) At a March 2010 meeting convened in Haiti by the Inter-
American Development Bank and the United Nations, which brought
together Haitian government and private sector leaders to
discuss the country's most critical needs, meeting participants
agreed that 2 critical catalysts for creating potentially
hundreds of thousands of jobs are--
(A) modernizing Haitian policies and
infrastructure; and
(B) improving the flow of foreign private
investment into Haiti.
(5) In section 201(b)(1) of the Support for East European
Democracy Act of 1989 (Public Law 101-279; 22 U.S.C. 5421),
Congress authorized USAID to provide a grant of $240,000,000 to
the Polish-American Enterprise Fund (referred to in this
section as the ``Polish Fund''), which was organized and
incorporated on April 27, 1990.
(6) The Polish Fund--
(A) used the USAID grant to raise $2,300,000,000 in
private funds for investment in Poland; and
(B) used the reflows from the USAID grant to
establish the Polish-American Freedom Foundation, whose
endowment exceeds $250,000,000.
(7) The success of the Polish Fund in attracting private
investment to Poland and in creating a legacy foundation from
its reflows represents a useful model for other Enterprise
Funds.
(8) Enterprise Funds have enjoyed success in poorer and
less developed countries, such as Albania, where the Albanian-
American Enterprise Fund played a pivotal role in helping to
develop the banking sector, privatizing and modernizing the
airport, and expanding access to international trade and
investment.
(9) Enterprise Funds in Albania, the Baltic States,
Hungary, Poland, Russia, and other countries have created and
supported programs that have contributed to the growth of an
entrepreneurial middle class.
(10) A professional and well-managed Haitian-American
Enterprise Fund, drawing upon the experience of members of the
Boards of Directors of prior Enterprise Funds, could achieve
similar success.
(11) The programs run by the Enterprise Funds in other
countries, which could also be run in Haiti, include
microloans, carefully designed and monitored mortgage programs,
and small business loans that would create the infrastructure
and investment climate needed to begin to build an
entrepreneurial middle class in Haiti.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to promote the Haitian private sector, including small
businesses, the agricultural sector, and joint ventures with
United States and Haitian participants; and
(2) to promote policies and practices conducive to the
private sector in Haiti through loans, grants, equity
investments, feasibility studies, technical assistance,
training, insurance, guarantees, and other measures.
SEC. 4. HAITIAN-AMERICAN ENTERPRISE FUND.
(a) Designation.--The President is authorized to designate a
private, nonprofit organization to receive funds and support made
available under this Act after determining that such organization has
been established for the purposes specified in section 3. The President
should make such designation only after consultation with the
leadership of each House of Congress. The organization designated under
this subsection shall be known as the ``Haitian-American Enterprise
Fund''.
(b) Board of Directors.--
(1) Appointment.--The Haitian-American Enterprise Fund
shall be governed by a Board of Directors, which shall be
comprised of 7 private citizens of the United States or Haiti,
appointed by the President, of which not more than 3 may be
citizens of Haiti or United States citizens of Haitian descent.
(2) Qualifications.--Member of the Board of Directors shall
be selected from among people who have had successful business
careers in private equity, banking, or finance that is similar
to the experience of individuals who previously served on the
Board of Directors of a successful Enterprise Fund established
by the United States Government on or after January 1, 1990.
(3) Additional board members.--Upon the recommendation of
the Board of Directors, the President may appoint up to 2
additional members to the Board (beyond the number of Directors
specified in paragraph (1)), of which not more than 1 may be a
citizen of Haiti or a United States citizen of Haitian descent.
(c) Grants.--
(1) In general.--Amounts appropriated to the President
pursuant to section 8 shall be granted to the Haitian-American
Enterprise Fund by the United States Agency for International
Development to enable the Fund to carry out the purposes
specified in section 3 and for the administrative expenses of
the Fund.
(2) Eligible programs and projects.--Grants awarded under
this section may only be used for programs and projects that
support the purposes set forth in section 3.
(3) Compliance requirement.--
(A) In general.--Grants may not be awarded to the
Haitian-American Enterprise Fund under this section
unless the Fund agrees to comply with the requirements
under this section.
(B) Grant agreement.--The grant agreement between
the United States Agency for International Development
(``USAID'') and the Haitian-American Enterprise Fund
shall state that the Fund shall liquidate its assets
and dissolve not later than December 31, 2020, unless
the USAID Administrator determines, after consultation
with the appropriate congressional committees, that the
Fund should be extended.
(C) Disposition of assets.--All assets of the
Haitian-American Enterprise Fund at the time the Fund
is dissolved shall be used by the Board of Directors to
organize and endow a follow-on United States-Haitian
legacy foundation.
(d) Notification.--
(1) In general.--Not later than 15 days before designating
an organization to operate as the Haitian-American Enterprise
Fund pursuant to subsection (a), the President shall provide
the information described in paragraph (2) to the Chairman and
Ranking Member of the appropriate congressional committees.
(2) Information.--The information described in this
paragraph is--
(A) the identity of the organization to be
designated to operate as the Haitian-American
Enterprise Fund pursuant to subsection (a); and
(B) the names and qualifications of the individuals
who will comprise the Initial Board.
(e) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 5. OPERATION PROVISIONS.
(a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k),
(l), (m), (n), (o), and (p) of section 201 of the Support for East
European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C.
5421) shall apply with respect to the Haitian-American Enterprise Fund
in the same manner as such provisions apply to Enterprise Funds
designated pursuant to subsection (d) of such section.
(b) Reinvestment.--Returns on investments of the Haitian-American
Enterprise Fund and other payments to the Fund may be reinvested in
projects carried out by the Fund without further appropriation by
Congress.
SEC. 6. BEST PRACTICES AND PROCEDURES.
To the maximum extent practicable, the Board of Directors of the
Haitian-American Enterprise Fund should adopt the best practices and
procedures used by Enterprise Funds, including those for which funding
has been made available pursuant to section 201 of the Support for East
European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C.
5421).
SEC. 7. EXPERIENCE OF OTHER ENTERPRISE FUNDS.
In implementing this Act, the President shall ensure that the
Articles of Incorporation of the Haitian-American Enterprise Fund
(including provisions specifying the responsibilities of the Board of
Directors of the Fund), the terms of United States Government grant
agreements with the Fund, and United States Government oversight of the
Fund are, to the maximum extent practicable, consistent with the
Articles of Incorporation of, the terms of grant agreements with, and
the oversight of the Enterprise Funds established pursuant to section
201 of the Support for East European Democracy (SEED) Act of 1989 (22
U.S.C. 5421) and comparable provisions of law.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President $100,000,000, which shall be used to provide funding for
grants to the Haitian-American Enterprise Fund, which shall be used for
the purposes specified in section 3.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Nonapplicability of Other Laws.--Amounts appropriated pursuant
to subsection (a) may be used to carry out this Act notwithstanding any
other provision of law. | Haitian-American Enterprise Fund Act - Authorizes the President, after congressional consultation, to designate one private, nonprofit organization as the Haitian-American Enterprise Fund to receive funds and support under this Act to promote the Haitian private and agricultural sectors and joint U.S.-Haitian ventures through loans, grants, equity investments, technical assistance, training, and insurance.
States that: (1) a grant agreement between the United States Agency for International Development (USAID) and the Fund shall require the Fund to liquidate its assets and dissolve not later than December 31, 2020, unless USAID determines that the Fund should be extended; and (2) all Fund assets remaining at such time shall be used to organize a follow-on U.S.-Haiti legacy foundation.
Applies the enterprise fund provisions of the Support for East European Democracy (SEED) Act of 1989 to the Fund in the same manner as such provisions apply to other similar U.S.-established enterprise funds.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to promote the strengthening of the Haitian private sector."} | 2,195 | 217 | 0.471924 | 1.628006 | 0.834287 | 4.263736 | 11.384615 | 0.934066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifespan Respite Care Act of 2002''.
SEC. 2. LIFESPAN RESPITE CARE.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXVIII--LIFESPAN RESPITE CARE
``SEC. 2801. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) an estimated 26,000,000 individuals in the United
States care each year for 1 or more adult family members or
friends who are chronically ill, disabled, or terminally ill;
``(2) an estimated 18,000,000 children in the United States
have chronic physical, developmental, behavioral, or emotional
conditions that demand caregiver monitoring, management,
supervision, or treatment beyond that required of children
generally;
``(3) approximately 6,000,000 children in the United States
live with a grandparent or other relative because their parents
are unable or unwilling to care for them;
``(4) an estimated 165,000 children with disabilities in
the United States live with a foster care parent;
``(5) nearly 4,000,000 individuals in the United States of
all ages who have mental retardation or another developmental
disability live with their families;
``(6) almost 25 percent of the Nation's elders experience
multiple chronic disabling conditions that make it necessary to
rely on others for help in meeting their daily needs;
``(7) every year, approximately 600,000 Americans die at
home and many of these individuals rely on extensive family
caregiving before their deaths;
``(8) of all individuals in the United States needing
assistance in daily living, 42 percent are under age 65;
``(9) there are insufficient resources to replace family
caregivers with paid workers;
``(10) if services provided by family caregivers had to be
replaced with paid services, it would cost approximately
$200,000,000,000 annually;
``(11) the family caregiver role is personally rewarding
but can result in substantial emotional, physical, and
financial hardship;
``(12) approximately 75 percent of family caregivers are
women;
``(13) family caregivers often do not know where to find
information about available respite care or how to access it;
``(14) available respite care programs are insufficient to
meet the need and are primarily directed at lower income
populations and family caregivers of the elderly, leaving large
numbers of family caregivers without adequate support; and
``(15) there are a limited number of available respite care
programs, and these programs have difficulty recruiting
appropriately trained respite workers.
``(b) Purposes.--The purposes of this title are--
``(1) to encourage States to establish State and local
lifespan respite care programs;
``(2) to improve and coordinate the dissemination of
respite care information and resources to family caregivers;
``(3) to provide, supplement, or improve respite care
services to family caregivers;
``(4) to promote innovative, flexible, and comprehensive
approaches to--
``(A) the delivery of respite care;
``(B) respite care worker and volunteer recruitment
and training programs; and
``(C) training programs for family caregivers to
assist such family caregivers in making informed
decisions about respite care services;
``(5) to support evaluative research to identify effective
respite care services that alleviate, reduce, or minimize any
negative consequences of caregiving; and
``(6) to promote the dissemination of results, findings,
and information from programs and research projects relating to
respite care delivery, family caregiver strain, respite care
worker and volunteer recruitment and training, and training
programs for family caregivers that assist such family
caregivers in making informed decisions about respite care
services.
``SEC. 2802. DEFINITIONS.
``In this title:
``(1) Condition.--The term `condition' includes--
``(A) Alzheimer's disease and other neurological
disorders;
``(B) developmental disabilities;
``(C) mental retardation;
``(D) physical disabilities;
``(E) chronic illness, including cancer;
``(F) behavioral, mental, and emotional conditions;
``(G) cognitive impairments;
``(H) situations in which there exists a high risk
of abuse or neglect or of being placed in the foster
care system due to abuse and neglect;
``(I) situations in which a child's parent is
unavailable due to the parent's death, incapacitation,
or incarceration;
``(J) traumatic brain injury; and
``(K) such conditions as the Secretary may
designate by regulation.
``(2) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State agency;
``(B) any other public entity that is capable of
operating on a statewide basis;
``(C) a private, nonprofit organization that is
capable of operating on a statewide basis;
``(D) a political subdivision of a State that has a
population of not less than 3,000,000 individuals; or
``(E) any recognized State respite coordinating
agency that has--
``(i) a demonstrated ability to work with
other State and community-based agencies;
``(ii) an understanding of respite care and
family caregiver issues; and
``(iii) the capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients.
``(3) Family caregiver.--The term `family caregiver' means
an unpaid family member, a foster parent, or another unpaid
adult, who provides in-home monitoring, management,
supervision, or treatment of a child or adult with a special
need.
``(4) Lifespan respite care.--The term `lifespan respite
care' means a coordinated system of accessible, community-based
respite care services for family caregivers of individuals
regardless of the individual's age, race, ethnicity, or special
need.
``(5) Respite care.--The term `respite care' means planned
or emergency care provided to an individual with a special
need--
``(A) in order to provide temporary relief to the
family caregiver of that individual; or
``(B) when the family caregiver of that individual
is unable to provide care.
``(6) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(7) Special need.--The term `special need' means the
particular needs of an individual of any age who requires care
or supervision because of a condition in order to meet the
individual's basic needs or to prevent harm to the individual.
``SEC. 2803. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE AGREEMENTS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand and enhance respite care services to family
caregivers;
``(2) to improve the statewide dissemination and
coordination of respite care; and
``(3) to provide, supplement, or improve access and quality
of respite care services to family caregivers, thereby reducing
family caregiver strain.
``(b) Authorization.--Subject to subsection (f), the Secretary may
award grants or cooperative agreements to eligible recipients who
submit an application pursuant to subsection (d).
``(c) Federal Lifespan Approach.--In carrying out this section, the
Secretary, acting through the Maternal and Child Health Bureau of the
Health Resources and Services Administration, and in cooperation with
the National Family Caregiver Support Program in the Administration on
Aging, the Administration for Children and Families, the Administration
on Developmental Disabilities, and the Substance Abuse and Mental
Health Services Administration, shall ensure coordination of respite
care services for family caregivers of individuals of all ages with
special needs.
``(d) Application.--
``(1) Submission.--Each eligible recipient desiring to
receive a grant or cooperative agreement under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
shall require.
``(2) Contents.--Each application submitted under this
section shall include--
``(A) a description of the applicant's--
``(i) understanding of respite care and
family caregiver issues;
``(ii) capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients; and
``(iii) collaboration with other State and
community-based public, nonprofit, or private
agencies;
``(B) with respect to the population of family
caregivers to whom respite care information or services
will be provided or for whom respite care workers and
volunteers will be recruited and trained, a description
of--
``(i) the population;
``(ii) the extent and nature of the respite
care needs of the population;
``(iii) existing respite care services for
the population, including numbers of family
caregivers being served and extent of unmet
need;
``(iv) existing methods or systems to
coordinate respite care information and
services to the population at the State and
local level and extent of unmet need;
``(v) how respite care information
dissemination and coordination, respite care
services, respite care worker and volunteer
recruitment and training programs, or training
programs for family caregivers that assist such
family caregivers in making informed decisions
about respite care services, will be provided
using grant or cooperative agreement funds;
``(vi) a plan for collaboration and
coordination of the proposed respite care
activities with other related services or
programs offered by public or private,
nonprofit entities, including area agencies on
aging;
``(vii) how the population, including
family caregivers, care recipients, and
relevant public or private agencies, will
participate in the planning and implementation
of the proposed respite care activities;
``(viii) how the proposed respite care
activities will make use, to the maximum extent
feasible, of other Federal, State, and local
funds, programs, contributions, other forms of
reimbursements, personnel, and facilities;
``(ix) respite care services available to
family caregivers in the applicant's State or
locality, including unmet needs and how the
applicant's plan for use of funds will improve
the coordination and distribution of respite
care services for family caregivers of
individuals of all ages with special needs;
``(x) the criteria used to identify family
caregivers eligible for respite care services;
``(xi) how the quality and safety of any
respite care services provided will be
monitored, including methods to ensure that
respite care workers and volunteers are
appropriately screened and possess the
necessary skills to care for the needs of the
care recipient in the absence of the family
caregiver; and
``(xii) the results expected from proposed
respite care activities and the procedures to
be used for evaluating those results; and
``(C) assurances that, where appropriate, the
applicant will have a system for maintaining the
confidentiality of care recipient and family caregiver
records.
``(e) Review of Applications.--
``(1) Establishment of review panel.--The Secretary shall
establish a panel to review applications submitted under this
section.
``(2) Meetings.--The panel shall meet as often as may be
necessary to facilitate the expeditious review of applications.
``(3) Function of panel.--The panel shall--
``(A) review and evaluate each application
submitted under this section; and
``(B) make recommendations to the Secretary
concerning whether the application should be approved.
``(f) Awarding of Grants or Cooperative Agreements.--
``(1) In general.--The Secretary shall award grants or
cooperative agreements from among the applications recommended
for approval by the panel under subsection (e)(3).
``(2) Priority.--When awarding grants or cooperative
agreements under this subsection, the Secretary shall give
priority to applicants that show the greatest likelihood of
implementing or enhancing lifespan respite care statewide.
``(g) Use of Grant or Cooperative Agreement Funds.--
``(1) In general.--The Secretary may not award a grant or
cooperative agreement to an eligible recipient under this
section unless the recipient agrees to use the funds for--
``(A) the development of lifespan respite care at
the State and local levels, taking into consideration
models and best practices in respite care delivery and
coordination;
``(B) respite care services to meet unmet needs and
provide worker, volunteer, and family training
programs; and
``(C) an evaluation of the effectiveness of such
development and services.
``(2) Subcontracts.--Each eligible recipient that is
awarded a grant or cooperative agreement under this section may
use the funds to subcontract with a public or nonprofit agency
to carry out the activities described in paragraph (1).
``(h) Term of Grants or Cooperative Agreements.--
``(1) In general.--The Secretary shall award grants or
cooperative agreements under this section for terms that do not
exceed 5 years.
``(2) Renewal.--The Secretary may renew a grant or
cooperative agreement under this section at the end of the term
of the grant or cooperative agreement determined under
paragraph (1).
``(i) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant other Federal,
State, and local funds available for respite care services.
``SEC. 2804. NATIONAL LIFESPAN RESPITE RESOURCE CENTER.
``(a) Establishment.--The Secretary shall award a grant or
cooperative agreement to a public or private nonprofit entity to
establish a National Resource Center on Lifespan Respite Care (referred
to in this section as the `Center').
``(b) Duties.--The Center shall--
``(1) maintain a national database on lifespan respite
care;
``(2) provide training and technical assistance to State,
community, and nonprofit respite care programs; and
``(3) provide information, referral, and educational
programs to the public on lifespan respite care.
``SEC. 2805. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as may be necessary.''. | Lifespan Respite Care Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Maternal and Child Health Bureau of the Health Resources and Services Administration, to award grants or cooperative agreements to develop State-wide lifespan respite care programs. Defines "lifespan respite care" to mean a coordinated system of accessible community-based respite care services for family caregivers regardless of the individual's age, race, ethnicity, or special need.Requires the Secretary to establish a review panel to make recommendations on applicants. Permits the use of funds for respite care services and training programs. Limits grants to five years.Directs the Secretary to provide for the establishment of a National Resource Center on Lifespan Respite Care to maintain a national database and provide training, technical assistance, and information. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a program to assist family caregivers in accessing affordable and high-quality respite care, and for other purposes."} | 3,207 | 197 | 0.501411 | 1.333147 | 0.870181 | 4.681529 | 19.121019 | 0.923567 |
SECTION 1. TAX-EXEMPT FINANCING OF ENERGY TRANSPORTATION INFRASTRUCTURE
NOT SUBJECT TO PRIVATE BUSINESS USE TESTS.
(a) In General.--Section 141(b)(6) of the Internal Revenue Code of
1986 (defining private business use) is amended by adding at the end
the following new subparagraph:
``(C) Exception for certain energy transportation
infrastructure.--
``(i) In general.--For purposes of the 1st
sentence of subparagraph (A), the operation or
use of any property described in clause (ii) by
any person which is not a governmental unit
shall not be considered a private business use.
``(ii) Property described.--For purposes of
clause (i), the following property is described
in this clause:
``(I) Any tangible property used to
transmit electricity at 230 or more
kilovolts if such property is placed in
service as part of a State or multi-
State effort to improve interstate
electricity transmission and is
physically located in not less than 2
States.
``(II) Any tangible property used
to transmit electricity generated from
renewable resources.
``(III) Any tangible property used
as a transmission pipeline for crude
oil or diesel fuel produced from coal
or other synthetic petroleum products
produced from coal if such property is
placed in service as part of a State or
multi-State effort to improve the
transportation of crude oil or diesel
fuel produced from coal or other
synthetic petroleum products produced
from coal.
``(IV) Any tangible property used
as a carbon dioxide transmission
pipeline if such property is placed in
service as part of a State or multi-
State effort to improve interstate or
intrastate efforts to develop
transportation infrastructure for
purposes of permanently sequestering
carbon dioxide.''.
(b) Exception to Private Loan Financing Test.--Section 141(c)(2) of
the Internal Revenue Code of 1986 (relating to exception for tax
assessment, etc., loans) is amended--
(1) by striking ``or'' at the end of subparagraph (B),
(2) by striking the period at the end of subparagraph (C)
and inserting ``, or'', and
(3) by adding at the end the following new subparagraph:
``(D) enables the borrower to finance any property
described in subsection (b)(6)(C)(ii).''.
(c) Reduction of State Volume Cap by Amount of Energy
Transportation Infrastructure Financing.--Section 146 of the Internal
Revenue Code of 1986 (relating to volume cap) is amended by adding at
the end the following new subsection:
``(o) Reduction for Energy Transportation Infrastructure
Financing.--The volume cap of any issuing authority for any calendar
year shall be reduced by the amount of bonds issued as part of an issue
by such authority to provide for property described in section
141(b)(6)(C)(ii).''.
(d) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act and
before December 31, 2015.
SEC. 2. LIMITATION ON DISCRIMINATORY TAXATION OF CERTAIN PIPELINE
PROPERTY.
(a) Definitions.--For purposes of section:
(1) Assessment.--The term ``assessment'' means valuation
for a property tax levied by a taxing authority.
(2) Assessment jurisdiction.--The term ``assessment
jurisdiction'' means a geographical area used in determining
the assessed value of property for ad valorem taxation.
(3) Commercial and industrial property.--The term
``commercial and industrial property'' means property
(excluding pipeline property, public utility property, and land
used primarily for agricultural purposes or timber growth)
devoted to commercial or industrial use and subject to a
property tax levy.
(4) Pipeline property.--The term ``pipeline property''
means all property, real, personal, and intangible, owned or
used by a natural gas pipeline providing transportation or
storage of natural gas, subject to the jurisdiction of the
Federal Energy Regulatory Commission.
(5) Public utility property.--The term ``public utility
property'' means property (excluding pipeline property) that is
devoted to public service and is owned or used by any entity
that performs a public service and is regulated by any
governmental agency.
(b) Discriminatory Acts.--The acts specified in this subsection
unreasonably burden and discriminate against interstate commerce. A
State, subdivision of a State, authority acting for a State or
subdivision of a State, or any other taxing authority (including a
taxing jurisdiction and a taxing district) may not do any of the
following such acts:
(1) Assess pipeline property at a value that has a higher
ratio to the true market value of the pipeline property than
the ratio that the assessed value of other commercial and
industrial property in the same assessment jurisdiction has to
the true market value of the other commercial and industrial
property.
(2) Levy or collect a tax on an assessment that may not be
made under paragraph (1).
(3) Levy or collect an ad valorem property tax on pipeline
property at a tax rate that exceeds the tax rate applicable to
commercial and industrial property in the same assessment
jurisdiction.
(4) Impose any other tax that discriminates against a
pipeline providing transportation subject to the jurisdiction
of the Federal Energy Regulatory Commission.
(c) Jurisdiction of Courts; Relief.--
(1) Grant of jurisdiction.--Notwithstanding section 1341 of
title 28, United States Code, and notions of comity, and
without regard to the amount in controversy or citizenship of
the parties, the district courts of the United States shall
have jurisdiction, concurrent with other jurisdiction of the
courts of the United States, of States, and of all other taxing
authorities and taxing jurisdictions, to prevent a violation of
subsection (b).
(2) Relief.--Except as otherwise provided in this
paragraph, relief may be granted under this Act only if the
ratio of assessed value to true market value of pipeline
property exceeds by at least 5 percent the ratio of assessed
value to true market value of other commercial and industrial
property in the same assessment jurisdiction. If the ratio of
the assessed value of other commercial and industrial property
in the assessment jurisdiction to the true market value of all
other commercial and industrial property cannot be determined
to the satisfaction of the court through the random-sampling
method known as a sales assessment ratio study (to be carried
out under statistical principles applicable to such a study),
each of the following shall be a violation of subsection (b)
for which relief under this section may be granted:
(A) An assessment of the pipeline property at a
value that has a higher ratio of assessed value to the
true market value of the pipeline property than the
ratio of the assessed value of all other property
(excluding public utility property) subject to a
property tax levy in the assessment jurisdiction has to
the true market value of all other property (excluding
public utility property).
(B) The collection of an ad valorem property tax on
the pipeline property at a tax rate that exceeds the
tax rate applicable to all other taxable property
(excluding public utility property) in the taxing
jurisdiction.
SEC. 3. NATURAL GAS PIPELINE INTEGRITY REASSESSMENT INTERVALS BASED ON
RISK.
(a) In General.--Section 60109(c)(3)(B) of title 49, United States
Code, is amended by inserting ``, until the Secretary issues
regulations basing the reassessment intervals on technical data, risk
factors, and engineering analysis, consistent with the recommendations
of the Comptroller General of the United States in Report 06-945''
after ``subparagraph (A)''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to: (1) modify tax-exempt bond financing rules to exclude from the private business use and private loan financing tests certain property used to transmit electricity or carbon dioxide or to transport crude oil and other petroleum products; and (2) reduce the state volume cap for tax-exempt bonds by the amount of bonds issued for such property.
Describes the following as acts that unreasonably burden and discriminate against interstate commerce, and prohibits states, political subdivisions, and any other taxing authority from: (1) assessing natural gas pipeline property at a value that has a higher ratio to its true market value than the ratio used to assess other commercial and industrial property in the same assessment jurisdiction; (2) levying or collecting a tax on such an assessment; (3) levying or collecting an ad valorem property tax on natural gas pipeline property at a rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; or (4) imposing any other tax that discriminates against a natural gas pipeline providing transportation subject to the jurisdiction of the Federal Energy Regulatory Commission.
Grants jurisdiction to U.S. District Courts and provides specified relief for claims of discriminatory taxation of natural gas pipeline property.
Amends federal transportation law to modify the criteria for natural gas pipeline integrity reassessments to require the Secretary of Transportation to issue regulations basing the intervals for reassessments on certain technical data, risk factors, and engineering analysis. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to exclude certain tax-exempt financing of energy transportation infrastructure from the private business use tests, and for other purposes."} | 1,769 | 319 | 0.476476 | 1.504464 | 0.69224 | 3.071942 | 5.690647 | 0.892086 |
SECTION 1. TAX CREDIT FOR HIRING LONG-TERM UNEMPLOYED DEFENSE AND
SHIPBUILDING INDUSTRY WORKERS.
(a) Allowance of Credit.--Paragraph (1) of section 51(d) of the
Internal Revenue Code of 1986 (defining members of targeted groups) is
amended by striking ``or'' at the end of subparagraph (I), by striking
the period at the end of subparagraph (J) and inserting ``, or'', and
by adding at the end the following new subparagraph:
``(K) a long-term unemployed defense or shipbuilding
industry worker.''
(b) Long-Term Unemployed Defense or Shipbuilding Industry Worker.--
Section 51(d) of such Code is amended by adding at the end thereof the
following new paragraph:
``(17) Long-term unemployed defense or shipbuilding
industry worker.--
``(A) In general.--The term `long-term unemployed
defense or shipbuilding industry worker' means an
individual certified by the designated local agency as
having been employed in the defense or shipbuilding
industry and--
``(i) who has been receiving unemployment
compensation at all times during the 6-month
period ending with the last day of the month
preceding the hiring date, or
``(ii) who--
``(I) was receiving unemployment
compensation but exhausted all rights
to such compensation, and
``(II) has remained unemployed
during the period beginning on the date
such rights were exhausted and ending
on the day before the hiring date.
``(B) Employment in defense or shipbuilding
industry.--For purposes of subparagraph (A), an
individual shall be treated as employed--
``(i) in the defense industry if such
individual's services were performed pursuant
to any defense contract (as defined in section
48(c)(4)), and
``(ii) in the shipbuilding industry if such
individual's services were performed pursuant
to any contract for the construction or
reconstruction of any ship or any subcontract
in connection with such construction or
reconstruction.
``(C) Unemployment compensation.--For purposes of
this paragraph, the term `unemployment compensation'
has the meaning given such term by section 85(b).''
(c) Certain Individuals Not Eligible.--Section 51(i) of such Code
(relating to certain individuals ineligible) is amended by adding at
the end the following new paragraph:
``(4) Special rules for long-term unemployed defense and
shipbuilding industry workers.--No wages shall be taken into
account under subsection (a) with respect to any long-term
unemployed defense or shipbuilding industry worker (as defined
in subsection (d)(17)) unless--
``(A) notwithstanding paragraph (3), the individual
is employed by the employer at least 120 days, and
``(B) the employer certifies on the return of tax
for the taxable year for which credit is claimed that--
``(i) the individual was hired after the
employer took reasonable actions to
specifically recruit long-term unemployed
defense or shipbuilding industry workers, and
``(ii) the individual was not hired to
replace an employee who was involuntarily
separated from employment by the employer
without cause.''
(d) Credit for Hiring Long-Term Unemployed Defense or Shipbuilding
Industry Workers Made Permanent.--Paragraph (4) of section 51(c) of
such Code is amended by adding at the end thereof the following new
sentence: ``The preceding sentence shall not apply to wages paid or
incurred to any long-term unemployed defense or shipbuilding industry
worker (as defined in subsection (d)(17)).''
(e) Effective Date.--The amendments made by this section shall
apply to individuals hired on and after the date of the enactment of
this Act.
SEC. 2. TECHNOLOGY TRANSFER TAX CREDIT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end thereof the following new paragraph:
``(4) in the case of an eligible taxpayer (as defined in
section 48(c)), the nondefense production and manufacturing
equipment credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) Nondefense Production and Manufacturing Equipment Credit.--
``(1) In general.--For purposes of section 46, in the case
of an eligible taxpayer, the nondefense production and
manufacturing equipment credit for any taxable year is an
amount equal to 10 percent of the qualified investment for such
taxable year.
``(2) Qualified investment.--
``(A) In general.--For purposes of paragraph (1),
the qualified investment for any taxable year is the
aggregate of--
``(i) the applicable percentage of the
basis of each new qualified nondefense
production and manufacturing equipment property
placed in service by the taxpayer during such
taxable year, plus
``(ii) the applicable percentage of the
cost of each used qualified nondefense
production and manufacturing equipment property
placed in service by the taxpayer during such
taxable year.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
property shall be determined under paragraphs (2) and
(7) of section 46(c) (as in effect on the day before
the date of the enactment of the Revenue Reconciliation
Act of 1990).
``(C) Certain rules made applicable.--The
provisions of subsections (b) and (c) of section 48 (as
in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990) shall apply
for purposes of this paragraph.
``(3) Qualified nondefense production and manufacturing
equipment property.--For purposes of this subsection, the term
`qualified nondefense production and manufacturing equipment
property' means any property--
``(A) which is used as an integral part of the
manufacture or production of nondefense tangible
personal property,
``(B) which is tangible property to which section
168 applies, and
``(C) which is section 1245 property (as defined in
section 1245(a)(3)).
``(4) Eligible taxpayer.--
``(A) In general.--A taxpayer is an eligible
taxpayer for purposes of this subsection if more than
50 percent of the gross revenues of such taxpayer for
the taxable year are attributable to defense contracts.
``(B) Defense contract.--For purposes of this
paragraph, the term `defense contract' means any
contract or subcontract entered into between the
taxpayer and a defense agency to provide material or
defense related operations.
``(C) Defense agency.--For purposes of this
paragraph, the term `defense agency' means the
Department of Defense, the nuclear weapons division of
the Department of Energy, the National Aeronautics and
Space Administration, the Coast Guard, and any other
agency of the Government to the extent such agency
conducts military or other defense related operations.
``(5) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credit to such property.
``(6) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsection (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.''
(c) Technical Amendments.--
(1) Clause (ii) of section 49(a)(1)(C) of such Code is
amended by inserting ``or qualified nondefense production and
manufacturing equipment property'' after ``energy property''.
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(4)'' before the period at the
end thereof.
(3) Paragraph (5) of section 50(a) of such Code is amended
by adding at the end thereof the following new subparagraph.
``(D) Special rules for certain property.--In the
case of any qualified nondefense production and
manufacturing equipment property which is 3-year
property (within the meaning of section 168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(4)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(d) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 1992, under rules similar to the
rules of section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990). | Allows the use of the targeted jobs credit for hiring a long-term unemployed defense or shipbuilding industry worker. Describes such worker as an individual certified by the designated local agency as having been unemployed in such industry who: (1) has been receiving unemployment compensation at all times during the six-month period prior to the hiring date; or (2) has been receiving unemployment compensation but has exhausted all rights to such compensation and has remained unemployed beginning on the date such rights were exhausted and ending on the date before the hiring date.
Requires the individual to be employed by the employer for at least 120 days and the employer to certify that: (1) the individual was hired after the employer took reasonable actions to specifically recruit such workers; and (2) the individual was not hired to replace an employee who was involuntarily separated from employment by the employer without cause.
Makes such credit permanent law.
Allows an investment tax credit for nondefense production and manufacturing equipment of ten percent of the aggregate bases of such properties placed in service during the taxable year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives to encourage the conversion of the defense industry to commercial endeavors, and for other purposes."} | 2,128 | 216 | 0.599025 | 1.750358 | 0.880544 | 3.404762 | 9.290476 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Child Labor
Elimination Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article 32 of the United Nations Convention on the
Rights of the Child recognizes ``the right of the child to be
protected from economic exploitation and from performing any
work that is likely to be hazardous or to interfere with the
child's education or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.''.
(2) Article 2 of Convention 138 of the International Labor
Organization, the Minimum Age Convention, states that the
minimum age for admission to employment or work ``shall not be
less than the age of completion of compulsory schooling and, in
any case, shall not be less than 15 years.''.
(3) Convention 29 of International Labor Organization, the
Forced Labor Convention, which has been in effect since 1930,
prohibits most forms of ``forced or compulsory labor'',
including all forced labor by people under the age of 18.
(4) Although it is among the most universally condemned of
all human rights abuses, child labor is widely practiced. The
International Labor Organization has estimated the total number
of child workers to be between 100,000,000 and 200,000,000.
More than 95 percent of those child workers live in developing
countries.
(5) The International Labor Organization has estimated that
13.2 percent of all children 10 to 14 years of age around the
world were economically active in 1995. There are no reliable
figures on workers under 10 years of age, though their numbers
are known to be significant. Reliable child labor statistics
are not readily available, in part because many governments in
the developing world are reluctant to document those
activities, which are often illegal under domestic laws, which
violate international standards, and which may be perceived as
a failure of internal public policy.
(6) Notwithstanding international and domestic
prohibitions, many children in developing countries are forced
to work as debt-bonded and slave laborers in hazardous and
exploitative industries. According to the United Nations
Working Group on Contemporary Forms of Slavery and the
International Labor Organization, there are tens of millions of
child slaves in the world today. Large numbers of those slaves
are involved in agricultural and domestic labor, the sex
industry, the carpet and textile industries, and quarrying and
brick making.
(7) In many countries, children lack either the legal
standing or the means to protect themselves from cruelty and
exploitation in the workplace.
(8) The employment of children often interferes with the
opportunities of such children for basic education.
Furthermore, where it coexists with high rates of adult
unemployment, the use of child labor likely denies gainful
employment to millions of adults.
(9) While child labor is a complex and multifaceted
phenomenon that is tied to issues of poverty, educational
opportunity, and culture, its most abusive and hazardous forms
are repugnant to basic human rights and must be eliminated.
SEC. 3. IDENTIFICATION OF FOREIGN COUNTRIES AND INDUSTRIES THAT USE
CHILD LABOR IN PRODUCING GOODS.
(a) Identification of Countries and Industries.--The Secretary of
Labor shall, not later than 6 months after the date of the enactment of
this Act, and not later than the end of each 1-year period thereafter,
identify those foreign countries that do not prohibit child labor, or
that have laws prohibiting child labor but do not effectively enforce
them, and those industries in such countries in which goods are
produced or services provided with the use of child labor. The
Secretary may revoke the identification of a country or an industry
before the end of the 1-year period during which the identification
would otherwise be effective, if revocation is warranted by new
information or a change in the laws or practices of a country.
(b) Sanctions.--The sanctions set forth in section 4 shall apply
with respect to those countries and industries identified under
subsection (a) for so long as the identification is effective under
such subsection.
(c) Exemption.--The prohibition under section 4(a)(1)(B) on
activities of the Export-Import Bank of the United States, the
prohibition under section 4(a)(1)(C) on activities of the Overseas
Private Investment Corporation, and the prohibition on multilateral
assistance under section 4(a)(2) shall not apply with respect to a
business entity if it is established to the satisfaction of the
Secretary of Labor that no goods produced by that entity are products
of child labor and that the business entity does not otherwise use
child labor.
SEC. 4. PROHIBITION ON ASSISTANCE FOR FOREIGN COUNTRIES THAT USE CHILD
LABOR IN PRODUCING GOODS.
(a) Prohibition on Assistance.--
(1) Bilateral assistance.--
(A) In general.--Subject to subparagraph (C), the
President may not provide to a foreign country
identified by the Secretary of Labor under section
3(a)--
(i) any assistance under the Foreign
Assistance Act of 1961, other than--
(I) disaster relief assistance,
including any assistance under chapter
9 of part I of such Act;
(II) assistance which involves the
provision of food (including
monetization of food) or medicine; and
(III) assistance for refugees;
(ii) sales, or financing on any terms,
under the Arms Export Control Act; and
(iii) the provision of agricultural
commodities, other than food, under the
Agricultural Trade Development and Assistance
Act of 1954.
(B) Export-import bank.--The Export-Import Bank of
the United States may not give approval to the issuance
of any guarantee, insurance, extension of credit, or
participation in an extension of credit in connection
with the provision of any good or service to--
(i) the government of a foreign country
identified by the Secretary of Labor under
section 3(a), or an agency of such government; or
(ii) a business entity that is in an
industry identified by the Secretary of Labor
under section 3(a) in such a country.
(C) Overseas private investment corporation.--(i)
The Overseas Private Investment Corporation may not
issue insurance, reinsurance, or financing, or conduct
other activities, in connection with an industry
identified by the Secretary of Labor under section
3(a).
(ii) Clause (i) does not affect contracts entered
into by the Overseas Private Investment Corporation
before the date of the enactment of this Act.
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution to use the voice and vote
of the United States to oppose any loan or other use of the
funds of such institution to or for any industry identified by
the Secretary of Labor under section 3(a).
(b) Exception.--A foreign country or an industry identified by the
Secretary of Labor under section 3(a) may receive bilateral assistance
described in subsection (a)(1) if the President determines and
certifies to the Congress that it is in the vital national interest of
the United States to provide such bilateral assistance to such country
or industry, as the case may be. The President shall include in any
such certification--
(1) a full and complete description of the vital national
interest of the United States that is placed at risk if such
assistance is not provided to such country or industry; and
(2) a statement weighing the risk described in paragraph
(1) against the risk posed to the vital national interest of
the United States by the failure of such country to adopt or
enforce laws prohibiting child labor or by the use of child
labor by such industry, as the case may be.
SEC. 5. REGULATIONS.
The President shall issue such regulations as are necessary to
carry out this Act.
SEC. 6. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
UNDERAGE CHILD WORKERS.
There is authorized to be appropriated to the President the sum of
$10,000,000 for each of fiscal years 1997 through 2001 for a United
States contribution to the International Labor Organization for the
activities of the International Program on the Elimination of Child
Labor.
SEC. 7. DEFINITIONS.
As used in this Act:
(1) Child labor.--The term ``child labor'' means the
performance of services in exchange for remuneration
(regardless of to whom paid), subsistence, goods, or services,
or any combination thereof, or under circumstances tantamount
to involuntary servitude--
(A) by persons who have not attained the minimum
age, except for--
(i) light work by persons no more than 2
years younger than the minimum age that is not
likely to harm their health or development and
which does not prejudice their attendance at
school, their participation in vocational
orientation or training programs approved by
the competent authority in the country
concerned, or their capacity to benefit from
the instruction received,
(ii) work on family and small-scale
agricultural holdings which produce for local
consumption and do not regularly employ hired
workers,
(iii) work done by persons at least 14
years of age in schools or other training
institutions for general, vocational, or
technical education,
(iv) work done by persons at least 14 years
of age as an integral part of a program of
education, training, or occupational guidance
carried out in accordance with conditions
prescribed by the competent authority in the
country concerned, and
(v) participation in artistic performances
pursuant to permits granted in individual cases
by the competent authority in the country
concerned; and
(B) by persons under the age of 18 if such services
would likely jeopardize the health, safety, or moral
character of a young person, except for the performance
of such services by individuals at least 16 years of
age where--
(i) the country concerned has expressly
authorized such employment by national laws or
regulation;
(ii) the health, safety, and morals of the
individuals involved are fully protected; and
(iii) the individuals involved have
received adequate specific instruction or
vocational training in the relevant branch of
activity.
(2) Minimum age.--The term ``minimum age'' means the age at
which children complete compulsory schooling under the national
laws of the country concerned, or the age of 15, whichever is
older, except that when a country whose economy and educational
facilities are insufficiently developed has specified, pursuant
to an international agreement, a minimum age of 14 years for a
period of limited and specifically identified duration, the
term ``minimum age'' means the age of 14 years during that
period.
(3) Product of child labor.--A good shall be treated as
being a product of child labor if the good--
(A) was fabricated, assembled, or processed, in
whole or part,
(B) contains any part that was fabricated,
assembled, or processed, in whole or in part, or
(C) was harvested, mined, quarried, pumped, or
otherwise extracted,
with child labor.
(4) Business entity.--The term ``business entity''--
(A) means any entity that produces (including
fabricating, assembling, processing, harvesting,
mining, quarrying, pumping, or otherwise extracting),
sells, imports, exports, or contracts for the
production of, a good in a foreign country; and
(B) includes, but is not limited to, entities owned
or controlled in whole or in part by the government of
a foreign country.
(5) Foreign country.--The term ``foreign country'' means
any foreign country and any possession or territory of a
foreign country that is administered separately for customs
purposes (and includes any designated zone within such country,
possession, or territory).
(6) International financial institution.--The term
``international financial institution'' means the International
Bank for Reconstruction and Development, the International
Development Association, the Multilateral Investment Guarantee
Agency, the Inter-American Development Bank, the Asian
Development Bank, the African Development Bank, the African
Development Fund, the International Monetary Fund, the European
Bank for Reconstruction and Development, and the International
Finance Corporation. | International Child Labor Elimination Act of 1996 - Directs the Secretary of Labor to annually identify foreign countries that do not prohibit child labor, or that have laws prohibiting child labor but do not enforce them, and those industries in such countries in which child labor is used.
Prohibits U.S. and multilateral assistance to identified countries, with specified exceptions.
Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. | {"src": "billsum_train", "title": "International Child Labor Elimination Act of 1996"} | 2,619 | 111 | 0.497491 | 1.235565 | 0.620969 | 5.78022 | 27.527473 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TVA Customer Protection Act of
1999''.
SEC. 2. INCLUSION IN DEFINITION OF PUBLIC UTILITY.
(a) In General.--Section 201(e) of the Federal Power Act (16 U.S.C.
824(e)) is amended by inserting before the period at the end the
following: ``, and includes the Tennessee Valley Authority''.
(b) Conforming Amendment.--Section 201(f) of the Federal Power Act
(16 U.S.C. 824(f)) is amended by striking ``foregoing, or any
corporation'' and inserting ``foregoing (other than the Tennessee
Valley Authority) or any corporation''.
SEC. 3. DISPOSITION OF PROPERTY.
Section 203 of the Federal Power Act (16 U.S.C. 824b) is amended by
adding at the end the following:
``(c) TVA Exception.--This section does not apply to a disposition
of the whole or any part of the facilities of the Tennessee Valley
Authority if--
``(1) the Tennessee Valley Authority discloses to the
Commission (on a form, and to the extent, that the Commission
shall prescribe by regulation) the sale, lease, or other
disposition of any part of its facilities that--
``(A) is subject to the jurisdiction of the
Commission under this Part; and
``(B) has a value of more than $50,000; and
``(2) all proceeds of the sale, lease, or other disposition
under paragraph (1) are applied by the Tennessee Valley
Authority to the reduction of debt of the Tennessee Valley
Authority.''.
SEC. 4. FOREIGN OPERATIONS; PROTECTIONS.
Section 208 of the Federal Power Act (16 U.S.C. 824g) is amended by
adding at the end the following:
``(c) Tennessee Valley Authority.--
``(1) Limit on charges.--
``(A) No authorization or permit.--The Commission
shall issue no order under this Act that has the effect
of authorizing or permitting the Tennessee Valley
Authority to make, demand, or receive any rate or
charge, or impose any rule or regulation pertaining to
a rate or charge, that includes any costs incurred by
or for the Tennessee Valley Authority in the conduct of
any activities or operations outside the United States.
``(B) Unlawful rate.--
``(i) In general.--Any rate, charge, rule,
or regulation described in subparagraph (A)
shall be deemed for the purposes of this Act to
be unjust, unreasonable, and unlawful.
``(ii) No limitation on authority.--Clause
(i) does not limit the authority of the
Commission under any other provision of law to
regulate and establish just and reasonable
rates and charges for the Tennessee Valley
Authority.
``(2) Annual report.--The Tennessee Valley Authority shall
annually--
``(A) prepare and file with the Commission, in a
form that the Commission shall prescribe by regulation,
a report setting forth in detail any activities or
operations engaged in outside the United States by or
on behalf of the Tennessee Valley Authority; and
``(B) certify to the Commission that the Tennessee
Valley Authority has neither recovered nor sought to
recover the costs of activities or operations engaged
in outside the United States by or on behalf of the
Tennessee Valley Authority in any rate, charge, rule,
or regulation on file with the Commission.''.
SEC. 5. TVA POWER SALES AND PROPERTY VALUATION.
(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding at the end the following:
``SEC. 215. TVA POWER SALES.
``(a) In General.--The Tennessee Valley Authority shall not sell
electric power to a retail customer that will consume the power within
the area that, on the date of enactment of this section, is assigned by
law as the distributor service area, unless--
``(1) the customer (or predecessor in interest to the
customer) was purchasing electric power directly from the
Tennessee Valley Authority as a retail customer on that date;
``(2) the distributor is purchasing firm power from the
Tennessee Valley Authority in an amount that is equal to not
more than 50 percent of the total retail sales of the
distributor; or
``(3) the distributor agrees that the Tennessee Valley
Authority may sell power to the customer.
``(b) Retail Sales.--Notwithstanding any other provision of law,
the rates, terms, and conditions of retail sales of electric power by
the Tennessee Valley Authority that are not prohibited by subsection
(a) shall be subject to regulation under State law applicable to public
utilities in the manner and to the extent that a State commission or
other regulatory authority determines to be appropriate.
``(c) Assurance of Adequate Electric Generation Capacity.--
``(1) In general.--Notwithstanding any other provision of
law, after the date of enactment of this section, the Tennessee
Valley Authority shall not construct or acquire by any means
electric generation capacity, or sell the output of electric
generation capacity constructed or acquired after that date,
unless the Commission has issued to the Tennessee Valley
Authority a certificate of public convenience and necessity
authorizing the construction or acquisition of electric
generation capacity.
``(2) Criteria for issuance of certificate.--The Commission
shall issue a certificate of public convenience and necessity
under paragraph (1) only if the Commission finds, after
affording an opportunity for an evidentiary hearing, that--
``(A) the reserve power margin of the Tennessee
Valley Authority for the area within which the
Tennessee Valley Authority is permitted by law to be a
source of supply--
``(i) is less than 15 percent; and
``(ii) is expected to remain less than 15
percent for a period of at least 1 year unless
new capacity is constructed or acquired;
``(B) the Energy Information Administration has
submitted to the Commission, with respect to issuance
of the certificate of public convenience and necessity,
a determination that--
``(i) there is no commercially reasonable
option for the purchase of power from the
wholesale power market to meet the needs of the
area within which the Tennessee Valley
Authority is permitted by law to be a source of
supply; and
``(ii) the proposed construction or
acquisition is the only commercially reasonable
means to meet the firm contractual obligations
of the Tennessee Valley Authority with respect
to the area within which the Tennessee Valley
Authority is permitted by law to be a source of
supply;
``(C) the electric generation capacity or the
output of the capacity proposed to be authorized will
not make the Tennessee Valley Authority a direct or
indirect source of supply in any area with respect to
which the Authority is prohibited by law from being,
directly or indirectly, a source of supply; and
``(D) the electric generation capacity proposed to
be authorized is completely subscribed in advance for
use by customers only within the area for which the
Tennessee Valley Authority or distributors of the
Authority were the primary source of power supply on
July 1, 1957.
``SEC. 216. VALUATION OF CERTAIN TVA PROPERTY.
``(a) Evidentiary Hearing.--Not later than 120 days after the date
of enactment of this section, notwithstanding any other provision of
law, the Commission shall commence a hearing on the record for the
purpose of determining the value of the property owned by the Tennessee
Valley Authority--
``(1) that is used and useful; and
``(2) the cost of which was prudently incurred in providing
electric service, as of July 1, 1999, to--
``(A) the distributors of the Authority; and
``(B) the customers that directly purchased power
from the Authority.
``(b) Procedures and Standards.--In making the determination under
subsection (a), the Commission shall use, to the maximum extent
practicable, the procedures and standards that the Commission uses in
making similar determinations with respect to public utilities.
``(c) Timing of Final Order.--The Commission shall issue a final
order with respect to the determination under subsection (a)--
``(1) not later than 1 year after the date of commencement
of the hearing under subsection (a); or
``(2) not later than a date determined by the Commission by
an order supported by the record.
``(d) Timing of Order Awarding Recovery of Stranded Costs.--The
Commission may issue an order awarding recovery to the Tennessee Valley
Authority of costs rendered uneconomic by competition not earlier than
the date on which the Commission issues a final order with respect to
the determination under subsection (a).''.
(b) Transition.--Not later than 180 days after the date of
enactment of this Act, the Tennessee Valley Authority shall file all
rates and charges for the transmission or sale of electric energy and
the classifications, practices, and regulations affecting those rates
and charges, together with all contracts that in any manner affect or
relate to contracts that are required to be filed under Part II of the
Federal Power Act (16 U.S.C. 824 et seq.) (as amended by subsection
(a)) and that are in effect as of the date of enactment of this Act.
SEC. 6. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
Part III of the Federal Power Act (16 U.S.C. 825 et seq.) is
amended--
(1) by redesignating sections 319 through 321 as sections
320 through 322, respectively; and
(2) by inserting after section 318 the following:
``SEC. 319. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
``(a) In General.--The Tennessee Valley Authority shall file and
disclose the same documents and other information that other public
utilities are required to file under this Act, as the Commission shall
require by regulation.
``(b) Regulation.--
``(1) Timing.--The regulation under subsection (a) shall be
promulgated not later than 1 year after the date of enactment
of this section.
``(2) Considerations.--In promulgating the regulation under
subsection (a), the Commission shall take into consideration
the practices of the Commission with respect to public
utilities other than the Tennessee Valley Authority.''.
SEC. 7. APPLICABILITY OF THE ANTITRUST LAWS.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.)
is amended by inserting after section 16 the following:
``SEC. 17. APPLICABILITY OF THE ANTITRUST LAWS.
``(a) Definition of Antitrust Laws.--In this section, the term
`antitrust laws' means--
``(1) an antitrust law (within the meaning of section (1)
of the Clayton Act (15 U.S.C. 12));
``(2) the Act of June 19, 1936 (commonly known as the
`Robinson Patman Act') (49 Stat. 1526, chapter 323; 15 U.S.C.
13 et seq.); and
``(3) section 5 of the Federal Trade Commission Act (15
U.S.C. 45), to the extent that the section relates to unfair
methods of competition.
``(b) Applicability.--Nothing in this Act modifies, impairs, or
supersedes the antitrust laws.
``(c) Antitrust Laws.--
``(1) TVA deemed a person.--The Tennessee Valley Authority
shall be deemed to be a person, and not government, for
purposes of the antitrust laws.
``(2) Applicability.--Notwithstanding any other provision
of law, the antitrust laws (including the availability of any
remedy for a violation of an antitrust law) shall apply to the
Tennessee Valley Authority notwithstanding any determination
that the Tennessee Valley Authority is a corporate agency or
instrumentality of the United States or is otherwise engaged in
governmental functions.''.
SEC. 8. SAVINGS PROVISION.
(a) Definition of TVA Distributor.--In this section, the term ``TVA
distributor'' means a cooperative organization or publicly owned
electric power system that, on January 2, 1998, purchased electric
power at wholesale from the Tennessee Valley Authority under an all-
requirements power contract.
(b) Effect of Act.--Nothing in this Act or any amendment made by
this Act--
(1) subjects any TVA distributor to regulation by the
Federal Energy Regulatory Commission; or
(2) abrogates or affects any law in effect on the date of
enactment of this Act that applies to a TVA distributor.
SEC. 9. PROVISION OF CONSTRUCTION EQUIPMENT, CONTRACTING, AND
ENGINEERING SERVICES.
Section 4 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831c) is amended by adding at the end the following:
``(m) Provision of Construction Equipment, Contracting, and
Engineering Services.--
``(1) In general.--Notwithstanding any other provision of
this Act, except as provided in this subsection, the
Corporation shall not have power to--
``(A) rent or sell construction equipment;
``(B) provide a construction equipment maintenance
or repair service;
``(C) perform contract construction work; or
``(D) provide a construction engineering service;
to any private or public entity.
``(2) Electrical contractors.--The Corporation may provide
equipment or a service described in subparagraph (1) to a
private contractor that is engaged in electrical utility work
on an electrical utility project of the Corporation.
``(3) Customers, distributors, and governmental entities.--
The Corporation may provide equipment or a service described in
subparagraph (1) to--
``(A) a power customer served directly by the
Corporation;
``(B) a distributor of Corporation power; or
``(C) a Federal, State, or local government entity;
that is engaged in work specifically related to an electrical
utility project of the Corporation.
``(4) Used construction equipment.--
``(A) Definition of used construction equipment.--
In this paragraph, the term `used construction
equipment' means construction equipment that has been
in service for more than 2,500 hours.
``(B) Disposition.--The Corporation may dispose of
used construction equipment by means of a public
auction conducted by a private entity that is
independent of the Corporation.
``(C) Debt reduction.--The Corporation shall apply
all proceeds of a disposition of used construction
equipment under subparagraph (B) to the reduction of
debt of the Corporation.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Energy
Regulatory Commission such sums as are necessary to carry out this Act
and the amendments made by this Act. | Exempts TVA facilities from the requirement of prior FERC approval for any disposition of property if proper disclosure has been made, and all disposition proceeds are applied towards TVA debt reduction.
Prohibits FERC from permitting TVA to impose any rate or charge, or any rule or regulation pertaining to a rate or charge, for costs incurred in the conduct of TVA activities or operations outside the United States. Deems any such rate, charge, rule, or regulation to be unjust, unreasonable, and unlawful. Mandates an annual TVA report to FERC detailing its activities outside the United States.
Prohibits TVA electric power sales to a retail customer within a distributor service area assigned by law, unless: (1) the customer was purchasing electric power directly from TVA on the date of enactment of this Act; (2) the distributor purchases firm power from TVA that is no more than 50 percent of its total retail sales; or (3) the distributor agrees that TVA may sell power to the customer. Subjects TVA retail electric power sales to applicable State law.
Makes a FERC certificate of public convenience and necessity, according to prescribed criteria, a prerequisite for TVA construction, acquisition, or sales of electric generation capacity.
Prescribes procedural guidelines under which FERC shall commence a hearing on the record to determine the value of TVA property. Authorizes FERC to issue an order awarding recovery for TVA stranded costs.
Subjects TVA to the same filing and disclosure requirements as pertain to other public utilities.
Amends the Tennessee Valley Authority Act of 1933 to subject TVA to the antitrust laws.
Denies TVA any power to rent, sell, or otherwise provide construction equipment or services to, or perform contract construction work for, any public or private entity, except for certain electrical contractors, customers, distributors, and governmental entities engaged in electrical utility work on a TVA electrical utility project.
Authorizes appropriations. | {"src": "billsum_train", "title": "TVA Customer Protection Act of 1999"} | 3,290 | 412 | 0.547326 | 1.825548 | 0.778474 | 3.030387 | 8.372928 | 0.90884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Corporate Inversions Act of
2014''.
SEC. 2. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS.
(a) In General.--Subsection (b) of section 7874 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Inverted Corporations Treated as Domestic Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a
foreign corporation shall be treated for purposes of this title
as a domestic corporation if--
``(A) such corporation would be a surrogate foreign
corporation if subsection (a)(2) were applied by
substituting `80 percent' for `60 percent', or
``(B) such corporation is an inverted domestic
corporation.
``(2) Inverted domestic corporation.--For purposes of this
subsection, a foreign corporation shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
``(A) the entity completes after May 8, 2014, and
before May 9, 2016, the direct or indirect acquisition
of--
``(i) substantially all of the properties
held directly or indirectly by a domestic
corporation, or
``(ii) substantially all of the assets of,
or substantially all of the properties
constituting a trade or business of, a domestic
partnership, and
``(B) after the acquisition, either--
``(i) more than 50 percent of the stock (by
vote or value) of the entity is held--
``(I) in the case of an acquisition
with respect to a domestic corporation,
by former shareholders of the domestic
corporation by reason of holding stock
in the domestic corporation, or
``(II) in the case of an
acquisition with respect to a domestic
partnership, by former partners of the
domestic partnership by reason of
holding a capital or profits interest
in the domestic partnership, or
``(ii) the management and control of the
expanded affiliated group which includes the
entity occurs, directly or indirectly,
primarily within the United States, and such
expanded affiliated group has significant
domestic business activities.
``(3) Exception for corporations with substantial business
activities in foreign country of organization.--A foreign
corporation described in paragraph (2) shall not be treated as
an inverted domestic corporation if after the acquisition the
expanded affiliated group which includes the entity has
substantial business activities in the foreign country in which
or under the law of which the entity is created or organized
when compared to the total business activities of such expanded
affiliated group. For purposes of subsection (a)(2)(B)(iii) and
the preceding sentence, the term `substantial business
activities' shall have the meaning given such term under
regulations in effect on May 8, 2014, except that the Secretary
may issue regulations increasing the threshold percent in any
of the tests under such regulations for determining if business
activities constitute substantial business activities for
purposes of this paragraph.
``(4) Management and control.--For purposes of paragraph
(2)(B)(ii)--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which
the management and control of an expanded affiliated
group is to be treated as occurring, directly or
indirectly, primarily within the United States. The
regulations prescribed under the preceding sentence
shall apply to periods after May 8, 2014.
``(B) Executive officers and senior management.--
Such regulations shall provide that the management and
control of an expanded affiliated group shall be
treated as occurring, directly or indirectly, primarily
within the United States if substantially all of the
executive officers and senior management of the
expanded affiliated group who exercise day-to-day
responsibility for making decisions involving
strategic, financial, and operational policies of the
expanded affiliated group are based or primarily
located within the United States. Individuals who in
fact exercise such day-to-day responsibilities shall be
treated as executive officers and senior management
regardless of their title.
``(5) Significant domestic business activities.--For
purposes of paragraph (2)(B)(ii), an expanded affiliated group
has significant domestic business activities if at least 25
percent of--
``(A) the employees of the group are based in the
United States,
``(B) the employee compensation incurred by the
group is incurred with respect to employees based in
the United States,
``(C) the assets of the group are located in the
United States, or
``(D) the income of the group is derived in the
United States,
determined in the same manner as such determinations are made
for purposes of determining substantial business activities
under regulations referred to in paragraph (3) as in effect on
May 8, 2014, but applied by treating all references in such
regulations to `foreign country' and `relevant foreign country'
as references to `the United States'. The Secretary may issue
regulations decreasing the threshold percent in any of the
tests under such regulations for determining if business
activities constitute significant domestic business activities
for purposes of this paragraph.''.
(b) Conforming Amendments.--
(1) Clause (i) of section 7874(a)(2)(B) of such Code is
amended by striking ``after March 4, 2003,'' and inserting
``after March 4, 2003, and before May 9, 2014, or after May 8,
2016,''.
(2) Subsection (c) of section 7874 of such Code is
amended--
(A) in paragraph (2)--
(i) by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections
(a)(2)(B)(ii) and (b)(2)(B)(i)'', and
(ii) by inserting ``or (b)(2)(A)'' after
``(a)(2)(B)(i)'' in subparagraph (B),
(B) in paragraph (3), by inserting ``or
(b)(2)(B)(i), as the case may be,'' after
``(a)(2)(B)(ii)'',
(C) in paragraph (5), by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections
(a)(2)(B)(ii) and (b)(2)(B)(i)'', and
(D) in paragraph (6), by inserting ``or inverted
domestic corporation, as the case may be,'' after
``surrogate foreign corporation''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after May 8, 2014. | Stop Corporate Inversions Act of 2014 - Amends the Internal Revenue Code to revise rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with income tax rates lower than the United States) to provide that during the period beginning after May 8, 2014, and before May 9, 2016, a foreign corporation that acquires the properties of a U.S. corporation or partnership shall be treated as an inverted corporation and thus subject to U.S. taxation if, after such acquisition: (1) it holds more than 50% of the stock of the new entity (expanded affiliated group), or (2) the management or control of the new entity occurs primarily within the United States and the new entity has significant domestic business activities. | {"src": "billsum_train", "title": "Stop Corporate Inversions Act of 2014"} | 1,470 | 173 | 0.616987 | 1.761186 | 0.872275 | 2.263514 | 9.054054 | 0.817568 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boutique Fuels Reduction Act of
2005''.
SEC. 2. TEMPORARY WAIVERS DURING SUPPLY EMERGENCIES.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C))
is amended by inserting ``(i)'' after ``(C)'' and by adding the
following new clauses at the end thereof:
``(ii) The Administrator may temporarily waive a control or
prohibition respecting the use of a fuel or fuel additive required or
regulated by the Administrator pursuant to subsection (c), (h), (i),
(k), or (m) of this section or prescribed in an applicable
implementation plan under section 110 approved by the Administrator
under clause (i) of this subparagraph if, after consultation with, and
concurrence by, the Secretary of Energy, the Administrator determines
that--
``(I) extreme and unusual fuel or fuel additive supply
circumstances exist in a State or region of the Nation which
prevent the distribution of an adequate supply of the fuel or
fuel additive to consumers;
``(II) such extreme and unusual fuel and fuel additive
supply circumstances are the result of a natural disaster, an
Act of God, a pipeline or refinery equipment failure, or
another event that could not reasonably have been foreseen or
prevented and not the lack of prudent planning on the part of
the suppliers of the fuel or fuel additive to such State or
region; and
``(III) it is in the public interest to grant the waiver
(for example, when a waiver is necessary to meet projected
temporary shortfalls in the supply of the fuel or fuel additive
in a State or region of the Nation which cannot otherwise be
compensated for).
``(iii) If the Administrator makes the determinations required
under clause (ii), such a temporary extreme and unusual fuel and fuel
additive supply circumstances waiver shall be permitted only if--
``(I) the waiver applies to the smallest geographic area
necessary to address the extreme and unusual fuel and fuel
additive supply circumstances;
``(II) the waiver is effective for a period of 20 calendar
days or, if the Administrator determines that a shorter waiver
period is adequate, for the shortest practicable time period
necessary to permit the correction of the extreme and unusual
fuel and fuel additive supply circumstances and to mitigate
impact on air quality;
``(III) the waiver permits a transitional period, the exact
duration of which shall be determined by the Administrator,
after the termination of the temporary waiver to permit
wholesalers and retailers to blend down their wholesale and
retail inventory;
``(IV) the waiver applies to all persons in the motor fuel
distribution system; and
``(V) the Administrator has given public notice to all
parties in the motor fuel distribution system, local and State
regulators, public interest groups, and consumers in the State
or region to be covered by the waiver.
The term `motor fuel distribution system' as used in this clause shall
be defined by the Administrator through rulemaking.
``(iv) Within 180 days of the date of the enactment of the Boutique
Fuels Reduction Act of 2005, the Administrator shall promulgate
regulations to implement clauses (ii) and (iii).
``(v) Nothing in this Act shall--
``(I) limit or otherwise affect the application of any
other waiver authority of the Administrator pursuant to this
section or pursuant to a regulation promulgated pursuant to
this section; and
``(II) subject any State or person to an enforcement
action, penalties, or liability solely arising from actions
taken pursuant to the issuance of a waiver under this
subparagraph.''.
SEC. 3. CAP ON NUMBER OF BOUTIQUE FUELS.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)),
as amended by section 2, is further amended by adding at the end the
following:
``(vi)(I) The Administrator shall have no authority, when
considering a State implementation plan or a State implementation plan
revision under this subparagraph, to approve any fuel if the effect of
such approval would be to increase the total number of fuels approved
and fully implemented as of September 1, 2004 in all State
implementation plans.
``(II) Except for a fuel with a summertime Reid Vapor Pressure of
7.0 pounds per square inch, the Administrator shall have no authority,
when considering any particular State's implementation plan or a
revision to that State's implementation plan under this subparagraph,
to approve any fuel unless that fuel was, as of the date of such
consideration, approved and fully implemented in at least 1 State
implementation plan in the applicable Petroleum Administration for
Defense District. The preceding sentence shall not limit the
Administrator's authority to approve any new fuel in any such plan or
plan revision if such new fuel replaces an existing fuel without
increasing the total number of fuels approved and fully implemented as
of September 1, 2004 in all State implementation plans.
``(III) Nothing in this clause shall be construed to prohibit a
State from requiring the use of any fuel additive registered in
accordance with subsection (b), including any fuel additive registered
in accordance with subsection (b) after the enactment of this
subclause.''.
SEC. 4. STUDY AND REPORT TO CONGRESS ON BOUTIQUE FUELS.
(a) Joint Study.--The Administrator and the Secretary shall
undertake a study of the effects on air quality, on the number of fuel
blends, on fuel availability, on fuel fungibility, and on fuel costs of
the State plan provisions adopted pursuant to section 211(c)(4)(C) of
the Clean Air Act (42 U.S.C. 7545(c)(4)(C)).
(b) Focus of Study.--The primary focus of the study required under
(a) shall be to determine how to develop a Federal fuels system that
maximizes motor fuel fungibility and supply, preserves air quality
standards, and reduces motor fuel price volatility that results from
the proliferation of boutique fuels, and to recommend to Congress such
legislative changes as are necessary to implement such a system. In
addition, the study shall examine the need for additional, cleaner
motor fuel reformulations to assist states in complying with the ozone
National Ambient Air Quality Standard.
(c) Study Areas of Responsibility.--In carrying out the study
required by this section, the Administrator shall coordinate obtaining
comments from affected parties interested in the air quality impact
assessment portion of the study, and the Secretary shall coordinate
obtaining comments from affected parties interested in the fuel
availability, number of fuel blends, fuel fungibility and fuel costs
portion of the study.
(d) Public Participation.--The Administrator and the Secretary
shall appoint a task force of interested parties, including but not
limited to representatives of Federal, State and local governments,
fuel manufacturers and suppliers and public interest groups, to provide
information to the Administrator and the Secretary and to assist in the
development of the recommendations to be included in the report to
Congress under (e).
(e) Report to Congress.--The Administrator and the Secretary
jointly shall submit the results of the study required by this section
in a report to the Congress not later than 12 months after the date of
the enactment of this Act, together with any recommended regulatory and
legislative changes. Such report shall be submitted to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
(f) Authorization of Appropriations.--There is authorized to be
appropriated jointly to the Administrator and the Secretary $500,000
for the completion of the study required under this section.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Secretary'' means the Secretary of Energy. | Boutique Fuels Reduction Act of 2005 - Amends the Clean Air Act (CAA) to authorize the Administrator of the Environmental Protection Agency (EPA) to temporarily waive controls or prohibitions on the use of a fuel or fuel additive regulated under specified provisions of that Act or prescribed in an applicable State Implementation Plan (SIP) if the Administrator determines that: (1) extreme and unusual circumstances exist in a State or region that prevent distribution of an adequate supply of the fuel or fuel additive to consumers; (2) such circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another unforeseeable event; and (3) it is in the public interest to grant the waiver. Permits such a waiver only if specified requirements are met.
States that the Administrator shall have no authority, when considering a SIP or SIP revision regarding State controls or prohibitions on motor vehicle fuel or fuel additives, to approve any fuel: (1) if doing so would increase the total number of approved and fully implemented fuels as of September 1, 2004, in all SIPs; and (2) unless that fuel was approved and fully implemented in at least one SIP in the applicable Petroleum Administration for Defense District (with the exception of fuels with a specified summertime Reid Vapor Pressure).
Requires the Administrator and the Secretary of Energy jointly to study and report to Congress on the effects of SIPs adopted pursuant to CAA provisions regarding State controls or prohibitions on motor vehicle fuel or fuel additives. | {"src": "billsum_train", "title": "To amend the Clean Air Act to reduce the proliferation of boutique fuels, and for other purposes."} | 1,764 | 326 | 0.667013 | 2.194166 | 0.843126 | 4.191126 | 5.542662 | 0.880546 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Outreach Act of 2005''.
SEC. 2. RESCISSION OF DEPARTMENT OF VETERANS AFFAIRS MEMORANDUM.
(a) Rescission of Memorandum.--The memorandum of the Department of
Veterans Affairs dated July 18, 2002, from the Deputy Under Secretary
for Health for Operations and Management with the subject ``Status of
VHA Enrollment and Associated Issues'' is hereby rescinded. Marketing
activities of directors of health service networks (known as ``Veterans
Integrated Service Networks'') of the Department of Veterans Affairs to
enroll new veterans within their respective networks shall be carried
out without regard to such memorandum.
(b) Funding Limitation.--No funds available to the Department of
Veterans Affairs may be used to carry out the memorandum referred to in
subsection (a) or otherwise to implement the policy contained in that
memorandum.
SEC. 3. OUTREACH ACTIVITIES.
(a) Annual Plan Required.--Subchapter II of chapter 77 of title 38,
United States Code, is amended by adding at the end the following new
sections:
``Sec. 7728. Annual plan on outreach activities
``(a) Annual Plan Required.--The Secretary shall prepare each year
a plan for the outreach activities of the Department for the following
year.
``(b) Elements.--Each annual plan under subsection (a) shall
include the following:
``(1) Plans for efforts to identify veterans who are not
enrolled or registered with the Department for benefits or
services under the programs administered by the Secretary.
``(2) Plans for informing veterans and their dependents of
modifications of the benefits and services under the programs
administered by the Secretary, including eligibility for
medical and nursing care and services.
``(c) Coordination in Development.--In developing an annual plan
under subsection (a), the Secretary shall consult with the following:
``(1) Directors or other appropriate officials of
organizations recognized by the Secretary under section 5902 of
this title.
``(2) Directors or other appropriate officials of State and
local education and training programs.
``(3) The Administration on Aging of the Department of
Health and Human Services.
``(4) Representatives of nongovernmental organizations that
carry out veterans outreach programs.
``(5) Representatives of State and local veterans
employment organizations.
``(6) Businesses and professional organizations.
``(7) Other individuals and organizations that assist
veterans in adjusting to civilian life.
``(d) Incorporation of Assessment of Previous Annual Plans.--In
developing an annual plan under subsection (a), the Secretary shall
take into account the lessons learned from the implementation of
previous annual plans under that subsection and program evaluations
from the Office of Policy, Planning, and Preparedness of the
Department.
``Sec. 7729. Outreach activities: coordination of activities within
Department
``(a) The Secretary shall establish and maintain procedures for
ensuring the effective coordination of the outreach activities of the
Department between and among the following:
``(1) The Office of the Secretary.
``(2) The Office of Public Affairs.
``(3) The Veterans Health Administration.
``(4) The Veterans Benefits Administration.
``(5) The National Cemetery Administration.
``(b) The Secretary shall--
``(1) periodically review the procedures maintained under
subsection (a) for the purpose of ensuring that such procedures
meet the requirement in that subsection; and
``(2) make such modifications to such procedures as the
Secretary considers appropriate in light of such review in
order to better achieve that purpose.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7727 the following new items:
``7728. Annual plan on outreach activities.
``7729. Outreach activities: coordination of activities within
Department.''.
(c) Initial Annual Plan.--The first annual outreach activities plan
under section 7728 of title 38, United States Code, as added by
subsection (a), shall be prepared for the first year beginning after
the date of the enactment of this Act.
SEC. 4. REQUIREMENT FOR OUTREACH EFFORTS AND DEDICATED STAFF AT EACH
REGIONAL OFFICE.
(a) Findings.--Congress and the Department of Veterans Affairs
historically have targeted certain specific populations for outreach
efforts concerning benefits under laws administered by the Secretary of
Veterans Affairs. Groups currently targeted for such outreach efforts
and for which program outreach coordinators have been designated at
each regional office of the Department of Veterans Affairs are the
following:
(1) Former prisoners of war.
(2) Women veterans.
(3) Minority veterans.
(4) Active duty personnel.
(5) Homeless veterans.
(6) Elderly veterans.
(7) Recently separated veterans.
(b) Eligible Dependent Defined.--Paragraph (2) of section 7721(b)
of title 38, United States Code, is amended to read as follows:
``(2) the term `eligible dependent' means a spouse,
surviving spouse (whether or not remarried), child (regardless
of age or marital status), or parent of a person who served in
the active military, naval, or air service.''.
(c) Improved Outreach Program.--Section 7727 of title 38, United
States Code, is amended to read as follows:
``Sec. 7727. Outreach for eligible dependents
``(a) In carrying out this subchapter, the Secretary shall ensure
that the needs of eligible dependents are fully addressed.
``(b)(1) In order to carry out subsection (a), the Secretary shall
assign such employees of the Veterans Benefits Administration as the
Secretary considers appropriate to conduct outreach programs and
provide outreach services for eligible dependents. In areas where the
number of eligible dependents warrant doing so, the Secretary shall
assign at least one employee in the Veterans Benefits Administration
regional office to serve as a full-time coordinator of outreach
programs and services for eligible dependents in that region.
``(2) Responsibilities of employees assigned to outreach functions
under paragraph (1) shall include providing eligible dependents with--
``(A) information about benefits under laws administered by
the Secretary; and
``(B) contacting responsible regional office employees to
facilitate--
``(i) assistance in claims preparation and inquiry
resolution; and
``(ii) in the case of a dependent of a deceased
veteran for whom necessary records are incomplete,
assistance in obtaining such records and other
necessary information concerning the veteran.
``(c)(1) Information provided an eligible dependent under this
section shall include information on how to apply for benefits for
which the dependent may be eligible, including information about
assistance available under subsection (b) and section 7722(d) of this
title.
``(2) In the case of eligible dependents who are members of
distinct beneficiary populations (such as survivors of deceased
veterans), the Secretary shall ensure that information provided under
this section includes specific information about benefits relating to
that population.
``(d) For any geographic area in which there is a significant
population of eligible dependents whose primary language is a language
other than English, the Secretary shall make information provided under
this subsection available to those dependents in the dominant language
in that area (in addition to English).
``(e) Outreach services and assistance shall be provided for
eligible dependents through the same means that are used for other
specially targeted groups.
``(f) The Secretary shall ensure that the availability of outreach
services and assistance for eligible dependents under this subchapter
is made known through a variety of means, including the Internet,
correspondence of the Department, announcements in veterans
publications, announcements to the media, telephone directories, direct
correspondence to congressional offices, military bases, public affairs
offices, military retiree affairs offices, and United States embassies.
``(g) The Secretary shall support the Department's periodic
evaluation under section 527 of this title concerning the Department's
efforts to address the needs of eligible dependents.
``(h) The Secretary shall include in the Secretary's annual report
under section 529 of this title an assessment of the programs of the
Department addressing the information and assistance needs of veterans
and eligible dependents. The Secretary shall include in each such
report the following:
``(1) Information about expenditures, costs, and workload
under the program of the Department directed towards the
information and assistance needs of veterans and eligible
dependents.
``(2) Information about outreach efforts directed toward
veterans and eligible dependents.
``(3) Information about emerging needs within the program
that relate to other provisions of law, including section 7725
of this title with respect to language needs of veterans and
eligible dependents.
``(4) Information as to the timeline for implementation of
improvements to meet existing and emerging needs of veterans
and eligible dependents in addition to those specified in this
section.''. | Veterans Outreach Act of 2005 - Rescinds a specified Department of Veterans Affairs (VA) memorandum (Status of VHA Enrollment and Associated Issues) from the Deputy Under Secretary for Health for Operations and Management. States that: (1) Veterans Integrated Service Networks' marketing activities shall be carried out without regard to such memorandum; and (2) no VA funds shall be used to carry out such memorandum.
Directs the Secretary of the VA to annually prepare a plan for VA outreach activities for the following year which shall include plans to: (1) identify veterans who are not enrolled for VA benefits; and (2) inform veterans and their dependents of benefits changes, including medical and nursing care eligibility.
Directs the Secretary to: (1) establish procedures to coordinate VA outreach activities; and (2) assign VA employees to conduct outreach program services for eligible dependents (spouse, surviving spouse (whether or not remarried), child (regardless of age or marital status), or parent of a person who served in the active military, naval, or air service). | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve programs of the Department of Veterans Affairs for outreach to veterans and their family members, and for other purposes."} | 1,946 | 232 | 0.643624 | 1.786579 | 0.90207 | 4.38756 | 9.014354 | 0.923445 |
SECTION 1. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND
HERZEGOVINA.
(a) Prohibition.--Neither the President nor any other member of the
Executive Branch of the United States Government shall interfere with
the transfer of arms to the Government of Bosnia and Herzegovina.
(b) Termination.--The President shall terminate the United States
arms embargo of the Government of Bosnia and Herzegovina upon receipt
from that government of a request for assistance in exercising its
right of self-defense under Article 51 of the United Nations Charter.
(c) Definition.--As used in this section, the term ``United States
arms embargo of the Government of Bosnia and Herzegovina'' means the
application to the Government of Bosnia and Herzegovina of--
(1) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 Fed. Reg. 33322), under
the heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(2) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is routinely
denied for transfers of defense articles and defense services
to the former Yugoslavia.
(d) Nothing in this section shall be interpreted as authorization
for deployment of United States forces in the territory of Bosnia and
Herzegovina for any purpose, including training, support or delivery of
military equipment.
SEC. 2. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND
HERZEGOVINA.
(a) Prohibition.--Neither the President nor any other member of the
Executive Branch of the United States Government shall interfere with
the transfer of conventional arms appropriate to the self-defense needs
of the Government of Bosnia and Herzegovina.
(b) Termination.--The President shall terminate the United States
arms embargo of the Government of Bosnia and Herzegovina upon receipt
from that government of a request for assistance in exercising its
right of self-defense under Article 51 of the United Nations Charter.
(c) Definition.--As used in this section, the term ``United States
arms embargo of the Government of Bosnia and Herzegovina'' means the
application to the Government of Bosnia and Herzegovina of--
(1) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 Fed Reg. 33322) under the
heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(2) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is routinely
denied for transfers of defense articles and defense services
to the former Yugoslavia.
(d) Nothing in this section shall be interpreted as authorization
for deployment of United States forces in the territory of Bosnia and
Herzegovina for any purpose, including training, support or delivery of
military equipment.
SEC. 3. APPROVE AND AUTHORIZE USE OF UNITED STATES AIRPOWER TO
IMPLEMENT NATO EXCLUSION ZONES.
(a) Purpose.--To approve and authorize the use of United States
airpower to implement the North Atlantic Treaty Organization (NATO)
exclusion zones around United Nations designated safe areas in Bosnia
and Herzegovina and to protect United Nations forces.
(b) Findings.--The Congress makes the following findings:
(1) the war in the Republic of Bosnia and Herzegovina has
claimed tens of thousands of lives and displaced more than two
million citizens;
(2) the Senate supports as a policy objective a peace
settlement that provides for an economically, politically and
militarily viable Bosnian state, capable of exercising its
rights under the United Nations Charter;
(3) United Nations Security Council Resolutions 836 and 844
call on member states, acting nationally or through regional
organizations, to take all necessary measures to deter attacks
against safe areas identified in Security Council resolution
824.
(4) On February 9, 1994 the North Atlantic Council
authorized the use of air strikes to end the siege of Sarajevo
and on April 22, 1994 to end the siege of Gorazde and to
respond to attacks on the safe areas of Bihac, Srebrenica,
Tuzla or Zepa or to the threatening presence of heavy weapons
within a radius of 20 kilometers of those areas (within Bosnia
and Herzegovina);
(5) The Congress in the fiscal year 1994 State Department
authorization bill expressed its sense that the President
should terminate the United States arms embargo on the
Government of Bosnia and Herzegovina.
(c) Policy.--
(1) The Senate authorizes and approves the decision by the
President to join with our NATO allies in implementing the
North Atlantic Council decisions--
(A) of June 10, 1993 to support and protect
UNPROFOR forces in and around United Nations designated
safe areas, and
(B) of February 9, 1994 to use NATO's airpower in
the Sarajevo region of Bosnia and Herzegovina, and
(C) of April 22, 1994 to authorize CINCSOUTH to
conduct air strikes against Bosnian Serb heavy weapons
and other military targets within a 20 kilometers
radius of the center of Gorazde, and Bihac, Srebrenica,
Tuzla or Zepa (within the territory of Bosnia and
Herzegovina) if these safe areas are attacked or
threatened by Bosnian Serb heavy weapons.
(2) The Congress favors the termination of the arms embargo
against the Government of Bosnia and Herzegovina. The President
shall seek immediately the agreement of NATO allies to
terminate the international arms embargo on the Government of
Bosnia and Herzegovina. In accordance with Administration
policy following such consultations the President or his
representative shall promptly propose or support a resolution
in the United Nations Security Council to terminate the
international arms embargo on Bosnia and Herzegovina. If the
Security Council fails to pass such a resolution the President
shall within 5 days consult with Congress regarding unilateral
termination of the arms embargo on the Government of Bosnia and
Herzegovina. Upon termination of the international embargo the
President shall ensure that, subject to the regular
notification procedures of the appropriate congressional
committees, appropriate military assistance be provided
expeditiously to Bosnia and Herzegovina upon receipt from that
government of such a request in exercising its right of self-
defense.
(3) Unless previously authorized by the Congress no United
States ground combat forces should be deployed in Bosnia and
Herzegovina. Any request by the President for such
authorization should include:
(A) an explanation of the United States interests
involved in such commitments or actions;
(B) the specific objectives of the commitments or
actions;
(C) the likely duration of the operation;
(D) the size, composition, command and control
arrangements, rules of engagement, contributions of
allied nations, and other details of the force needed
to meet the objectives;
(E) specific measurements of success, particularly
the end point of the United States involvement, and
what follow-on security arrangements would be needed;
and
(F) an estimate of financial costs, including
burdensharing arrangements, and non-financial costs as
can be determined.
(4) Nothing in this legislation restricts the prerogative
of Congress to review the arms embargo on Bosnia and
Herzegovina.
Passed the Senate May 12 (legislative day, May 2), 1994.
Attest:
MARTHA S. POPE,
Secretary. | Prohibits the President or any other member of the executive branch from interfering with the transfer to the Government of Bosnia and Herzegovina of: (1) arms; or (2) conventional arms appropriate to self-defense needs.
Requires the President to terminate the U.S. arms embargo of such government upon receipt of a request for assistance in exercising its right of self-defense under the United Nations Charter.
Authorizes and approves the President's decision to join with NATO allies in: (1) supporting and protecting UNPROFOR forces in and around United Nations designated safe areas; (2) using NATO's airpower in the Sarajevo region; and (3) authorizing air strikes against specified Bosnian Serb heavy weapons and other military targets within Bosnia if the safe areas are threatened by such weapons.
Requires the President to seek the agreement of NATO allies to terminate the international arms embargo on Bosnia and Herzegovina.
Declares that no U.S. ground combat forces should be deployed in Bosnia and Herzegovina unless previously authorized by the Congress. | {"src": "billsum_train", "title": "A bill to remove the United States arms embargo of the Government of Bosnia and Herzegovina."} | 1,656 | 232 | 0.610508 | 1.699632 | 0.820239 | 3.867347 | 7.540816 | 0.928571 |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.