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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Compensation Cost-of-
Living Adjustment Act of 2016''.
SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Rate Adjustment.--Effective on December 1, 2016, the Secretary
of Veterans Affairs shall increase, in accordance with subsection (c),
the dollar amounts in effect on November 30, 2016, for the payment of
disability compensation and dependency and indemnity compensation under
the provisions specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Wartime disability compensation.--Each of the dollar
amounts under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts under section 1115(1) of such title.
(3) Clothing allowance.--The dollar amount under section
1162 of such title.
(4) Dependency and indemnity compensation to surviving
spouse.--Each of the dollar amounts under subsections (a)
through (d) of section 1311 of such title.
(5) Dependency and indemnity compensation to children.--
Each of the dollar amounts under sections 1313(a) and 1314 of
such title.
(c) Determination of Increase.--
(1) Percentage.--Except as provided in paragraph (2), each
dollar amount described in subsection (b) shall be increased by
the same percentage as the percentage by which benefit amounts
payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) are increased effective December 1, 2016, as a
result of a determination under section 215(i) of such Act (42
U.S.C. 415(i)).
(2) Rounding.--Each dollar amount increased under paragraph
(1), if not a whole dollar amount, shall be rounded to the next
lower whole dollar amount.
(d) Special Rule.--The Secretary of Veterans Affairs may adjust
administratively, consistent with the increases made under subsection
(a), the rates of disability compensation payable to persons under
section 10 of Public Law 85-857 (72 Stat. 1263) who have not received
compensation under chapter 11 of title 38, United States Code.
(e) Publication of Adjusted Rates.--The Secretary of Veterans
Affairs shall publish in the Federal Register the amounts specified in
subsection (b), as increased under this section, not later than the
date on which the matters specified in section 215(i)(2)(D) of the
Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section 215(i) of
such Act during fiscal year 2017.
SEC. 3. TRANSPORTATION OF DECEASED VETERANS TO VETERANS' CEMETERIES.
(a) In General.--Subsection (a) of section 2308 of title 38, United
States Code, is amended to read as follows:
``(a) In General.--(1) The Secretary may pay, in addition to any
amount paid pursuant to section 2302 or 2307 of this title, the cost of
transportation of the deceased veteran described in paragraph (1) or
(2) of subsection (b) for burial in a national cemetery or a covered
veterans' cemetery. Such payment shall not exceed the cost of
transportation to the national cemetery nearest the veteran's last
place of residence in which burial space is available.
``(2) The Secretary may pay, in addition to any amount paid
pursuant to section 2302 or 2307 of this title, the cost of
transportation of the deceased veteran described in subsection (b)(3)
for burial in a national cemetery. Such payment shall not exceed the
cost of transportation to the national cemetery nearest the veteran's
last place of residence in which burial space is available.''.
(b) Covered Veterans' Cemetery Defined.--Section 2308 of such title
is amended by adding at the end the following new subsection:
``(c) Covered Veterans' Cemetery Defined.--In this section, the
term `covered veterans' cemetery' means, with respect to a deceased
veteran described in subsection (b), a veterans' cemetery owned by a
State or a tribal organization (as defined in section 3765(4) of this
title) in which the deceased veteran is eligible to be buried.''.
(c) Conforming Amendment.--Section 2308 of such title is amended in
the section heading by adding at the end the following: ``or a
veterans' cemetery''.
(d) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 2308
and inserting the following new item:
``2308. Transportation of deceased veterans to a national cemetery or a
veterans' cemetery.''.
SEC. 4. EXPANSION OF ELIGIBILITY FOR HEADSTONES, MARKERS, AND
MEDALLIONS FOR MEDAL OF HONOR RECIPIENTS.
Section 2306(d) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) In carrying out this subsection with respect to a deceased
individual described in subparagraph (C), the Secretary shall furnish,
upon request, a headstone or marker under paragraph (1) or a medallion
under paragraph (4) that signifies the deceased's status as a Medal of
Honor recipient.
``(B) If the Secretary furnished a headstone, marker, or medallion
under paragraph (1) or (4) for a deceased individual described in
subparagraph (C) that does not signify the deceased's status as a Medal
of Honor recipient, the Secretary shall, upon request, replace such
headstone, marker, or medallion with a headstone, marker, or medallion,
as the case may be, that so signifies the deceased's status as a Medal
of Honor recipient.
``(C) A deceased individual described in this subparagraph is a
deceased individual who--
``(i) served in the Armed Forces on or after April 6, 1917;
``(ii) is eligible for a headstone or marker furnished
under paragraph (1) or a medallion furnished under paragraph
(4) (or would be so eligible for such headstone, marker, or
medallion but for the date of the death of the individual); and
``(iii) was awarded the Medal of Honor (including
posthumously).''.
SEC. 5. EXPANSION OF PRESIDENTIAL MEMORIAL CERTIFICATE PROGRAM.
(a) In General.--Section 112(a) of title 38, United States Code, is
amended by inserting after ``conditions,'' the following: ``persons
eligible for burial in a national cemetery by reason of paragraph (2),
(3), or (7) of section 2402(a) of this title,''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to the death of a person eligible for burial in a national
cemetery by reason of paragraph (2), (3), or (7) of section 2402(a) of
title 38, United States Code, occurring before, on, or after the date
of the enactment of this Act.
SEC. 6. BURIAL PLOTS AT ARLINGTON NATIONAL CEMETERY FOR INDIVIDUALS
AWARDED THE MEDAL OF HONOR.
(a) Reservation.--Of the number of in-ground burial plots available
at Arlington National Cemetery as of the date of the enactment of this
Act, the Secretary of the Army shall reserve 100 such plots to inter
deceased individuals who have been awarded the Medal of Honor.
(b) Termination.--The requirement under subsection (a) shall
terminate on the date on which the Secretary of the Army to the
Committees on Veterans' Affairs and the Committees on Armed Services of
the House of Representatives and the Senate a report on the interment
and inurnment capacity of Arlington National Cemetery that includes--
(1) the estimated date that the Secretary determines the
cemetery will reach maximum interment and inurnment capacity;
and
(2) in light of the unique and iconic meaning of the
cemetery to the United States, recommendations for legislative
actions and nonlegislative options that the Secretary
determines necessary to ensure that the maximum interment and
inurnment capacity of the cemetery is not reached until well
into the future, including such actions and options with
respect to--
(A) redefining eligibility criteria for interment
and inurnment in the cemetery; and
(B) considerations for additional expansion
opportunities beyond the current boundaries of the
cemetery.
SEC. 7. PILOT PROGRAM ON DEPARTMENT OF VETERANS AFFAIRS VETERAN
ENGAGEMENT TEAM EVENTS.
(a) In General.--
(1) Pilot program.--Beginning not later than October 1,
2016, the Secretary of Veterans Affairs shall carry out a
three-year pilot program under which the Secretary shall carry
out events, to be known as ``Veteran Engagement Team events''.
The Secretary shall ensure that such events are carried out--
(A) during the first year during which the
Secretary carries out the pilot program, at least once
a month in a location within the jurisdiction of each
of 10 regional offices of the Department of Veterans
Affairs, including at least two regional offices in
each of the five districts of the Veterans Benefits
Administration under the organization of such
Administration in effect as of the date of the
enactment of this Act; and
(B) during each of the second and third years
during which the Secretary carries out the pilot
program, at least once a month in a location within the
jurisdiction of each of 15 regional offices of the
Department, including at least three regional offices
in each such district.
(2) Veteran engagement team events.--During each Veteran
Engagement Team event, the Secretary shall provide assistance
to veterans in completing and adjudicating claims for
disability compensation under chapter 11 of title 38, United
States Code, and for pension under chapter 15 of such title.
The Secretary shall ensure that--
(A) all Veteran Engagement Team events occur during
the normal business hours of the sponsoring regional
office;
(B) the events are carried out at different
locations within the jurisdiction of each regional
office and at least 50 miles from any regional office;
(C) a sufficient number of physicians (to be
available for opinions only), veteran service
representatives and rating veteran service
representatives, and other personnel are available at
the events to initiate, update, and finalize the
completion and adjudication of claims;
(D) veterans service organizations have access to
the events for purposes of providing assistance to
veterans; and
(E) a veteran who is unable to complete and
adjudicate a claim at an event is informed of what
additional information or actions are needed to
finalize the claim.
(b) Location.--In selecting locations for Veteran Engagement Team
events under this section, the Secretary shall--
(1) coordinate with veteran service organizations and State
and local veterans agencies; and
(2) seek to select locations that are community-based and
easily accessible.
(c) Transfer of Personnel.--
(1) Physicians.--The Secretary may not permanently transfer
any physician employed by the Veterans Health Administration
for the purpose of staffing a Veteran Engagement Team event.
(2) Payment of salaries.--Any amount payable to an employee
of the Department for work performed at a Veteran Engagement
Team event is payable only from amounts otherwise available for
the payment of the salary of the employee. No additional
amounts are authorized to be appropriated under this section
for the payment of salaries for Department employee.
(d) Other Authorities.--In carrying out the pilot program under
this section, the Secretary may--
(1) coordinate with States, local governments, nonprofit
organizations, and private sector entities to use facilities to
host Veteran Engagement Team events for no or minimal costs;
and
(2) accept, on a without compensation basis, services
provided by non-Department physicians in rendering medical
opinions relating to claims for compensation and pension.
(e) Customer Satisfaction Surveys.--In carrying out the pilot
program under this section, the Secretary shall collect and analyze
information about the customer satisfaction of veterans who have
received assistance at an Veteran Engagement Team event.
(f) Reports.--Not later than April 30, 2017, and annually
thereafter beginning on October 1, 2017, for the duration of the
program, the Secretary shall submit to Congress a report on the
implementation and effectiveness of the events. Such report shall
include--
(1) the number and types of claims completed and
adjudicated at the events;
(2) the number and types of claims for which assistance was
sought at the events that were not completed or adjudicated at
the events and the reasons such claims were not completed or
adjudicated; and
(3) an analysis of the customer satisfaction of veterans
who have received assistance at an event based on the
information collected under subsection (e). | Veterans' Compensation Cost-of-Living Adjustment Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to increase, as of December 1, 2016, the amounts for the payment of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Each such increase shall be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date (rounded to the next lower dollar amount if the amount is not a whole dollar amount). The VA may adjust administratively the rates of disability compensation payable to persons receiving benefits pursuant to public laws administered by the VA on December 31, 1958 (that are still in effect) who have not received service-connected disability or death compensation. The VA shall publish such increased amounts in the Federal Register. (Sec. 3) The VA may pay the cost of transporting a deceased veteran: who died as the result of a service-connected disability, or who died while in receipt of disability compensation, to a national cemetery or a state- or tribal-owned veterans' cemetery in which the deceased veteran is eligible to be buried, or who has no next of kin or other person claiming the body to a national cemetery in which the deceased veteran is eligible to be buried. Such payment shall not exceed the cost of transportation to the national cemetery nearest to the veteran's last place of residence in which burial space is available. (Sec. 4) The VA shall furnish at a private cemetery, upon request, a headstone, marker, or medallion that signifies the status of an eligible veteran who served in the Armed Forces on or after April 6, 1917, as a Medal of Honor recipient. If the VA furnished a headstone, marker, or medallion for a deceased veteran that does not signify his or her status as a Medal of Honor recipient, the VA shall, upon request, replace that headstone, marker, or medallion with one that signifies such status. (Sec. 5) The bill authorizes award of the Presidential Memorial Certificate to certain deceased members of the reserve components of the Armed Forces and certain deceased members of the Reserve Officers' Training Corps. (Sec. 6) The Department of the Army shall reserve 100 in-ground burial plots at Arlington National Cemetery for interment of deceased Medal of Honor recipients. Such requirement shall terminate when the Army submits a report on the cemetery's interment and inurnment capacity that includes: (1) the estimated date of achieving maximum capacity; and (2) recommendations to ensure that such capacity is not reached until well into the future, including actions to redefine interment eligibility and considerations for cemetery expansion. (Sec. 7) The VA, beginning not later than October 1, 2016, shall carry out a three-year pilot program under which the VA shall carry out Veteran Engagement Team events to assist veterans in completing VA disability and pension claims. Such events shall be carried out: during the first year, at least once a month within the jurisdiction of each of 10 VA regional offices, including at least 2 regional offices in each of the 5 districts of the Veterans Benefits Administration; during each of the second and third years, at least once a month within the jurisdiction of each of 15 VA regional offices, including at least 3 regional offices in each district; at different locations within each regional office's jurisdiction and at least 50 miles from any regional office; during the sponsoring regional office's normal business hours; and with a sufficient number of physicians (to be available for opinions only), veteran service and rating representatives, and other appropriate claims personnel to initiate, update, and finalize the completion and adjudication of claims. The VA shall: (1) collect and analyze event-satisfaction information from attending veterans, and (2) report annuallys on event implementation. The VA may not permanently transfer any Veterans Health Administration physician to staff an event. | {"src": "billsum_train", "title": "Veterans' Compensation Cost-of-Living Adjustment Act of 2016"} | 2,862 | 863 | 0.607027 | 1.970131 | 0.670321 | 3.527363 | 3.242537 | 0.895522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep the Colorado River Clean Act''.
SEC. 2. TRANSFER OF OIL SHALE RESERVE.
Section 3405 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended to read as
follows:
``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUM-
BERED 2.
``(a) Definitions.--For purposes of this section:
``(1) The term `NOSR-2' means Oil Shale Reserve Numbered 2,
as identified on a map on file in the Office of the Secretary
of the Interior.
``(2) The term `Tribe' means the Ute Indian Tribe of the
Uintah and Ouray Indian Reservation.
``(b) Conveyance.--The United States hereby conveys to the Tribe,
subject to valid existing rights in effect on the day before the
enactment of this section, all Federal lands within the exterior
boundaries of NOSR-2 in fee simple, both surface and mineral rights,
without retaining any management authority over the conveyed lands or
tribal activities thereon, but reserving to the United States each of
the following:
``(1) A 9 percent royalty interest in the value of any oil,
gas, other hydrocarbons, and all other minerals produced,
saved, and sold, from the conveyed lands, the payments to be
made by the Tribe or its designee to the Secretary of Energy
when produced, saved, or sold during the period minerals are
being extracted.
``(2) That portion of the bed of Green River contained
entirely within NOSR-2 as depicted on the map entitled
`Boundary Map, ...........'', numbered ____, and dated ____.
The map shall be on file and available for public inspection in
the offices of the Department of the Interior.
``(3) The lands, including surface and mineral rights, to
the west of the Green River within NOSR-2, as depicted on the
map referred to in paragraph (2).
``(4) A \1/4\ mile scenic easement on the east side of the
Green River within NOSR-2. Such easement shall not affect the
right of the Tribe to obtain, use, and maintain access to, the
river through the use of the existing road within the easement
(as depicted on the map referred to in paragraph (2)).
The lands conveyed to the Tribe under this subsection shall not revert
to the United States for management in trust status.
``(c) Withdrawals.--All existing withdrawals on NOSR-2 are hereby
revoked.
``(d) Administration of Reserved Lands, Interests in Lands.--The
Secretary of the Interior shall administer the lands and interests in
lands reserved from conveyance in subsection (b)(2) and (3) of this
section under the Federal Land Policy and Management Act and shall
prepare and submit to Congress a land use plan for the management of
these lands and interests in lands within three years after the
enactment of this subsection. There is authorized to the Secretary of
the Interior such sums as may be necessary to carry out this
subsection.
``(e) Royalty.--
``(1) Payment of royalty.--The Tribe shall pay the royalty
interest reserved from conveyance in subsection (b)(1) of this
section free of all development, production, marketing, and
operating expenses. The United States shall bear and pay gross
production taxes, pipeline taxes, and allocation taxes assessed
against the gross production.
``(2) Reports.--The Tribe shall report annually to the
Secretary of Energy and to Congress on its resource development
and other activities concerning the property transferred.
``(3) Financial audit.--The Tribe shall submit every 5
years to a financial audit, conducted in accordance with
generally accepted accounting practices, of its resource
development activities concerning the property transferred,
with the first audit taking place 5 years after the date of
transfer and the results of each audit being included in the next
annual report after completion of the audit.
``(f) River Management.--The Tribe shall manage, fully under Tribal
jurisdiction and pursuant to ordinances adopted by the Tribe, its lands
adjacent to, and within \1/4\ mile of, the Green River in a protected
status and in a manner consistent with the provisions contained in a
government-to-government agreement and in the memorandum of
understanding entitled memorandum of understanding dated February 11,
2000, as agreed to by the Tribe and the Secretary of the Interior. Such
ordinances adopted by the Tribe shall not impair, limit, or otherwise
restrict the management and use of other lands adjacent to the Green
River that are not under or subject to the Tribe's jurisdiction or
control. The ordinances adopted by the Tribe and referenced in the
government-to-government agreement may not be repealed or amended
without the written approval of both the Tribe and the Secretary of the
Interior.
``(g) Plant Species.--The Tribe shall protect, pursuant to
ordinances adopted by the Tribe, any plant species listed by the
Federal Government as endangered or threatened that is located on or
found on the NOSR-2 lands conveyed to the Tribe in a manner consistent
with the then current levels of legal protection, and this protection
shall be performed fully under tribal jurisdiction and in accordance
with a government-to-government agreement between the Tribe and the
Secretary of the Interior.
``(h) Horses.--The Tribe shall manage the horses not owned by the
Tribe or tribal members that are located or found on the NOSR-2 lands
conveyed to the Tribe in a manner consistent with then current Federal
protections granted such animals: Provided, That the management,
control, and protection of such horses will be performed fully under
tribal jurisdiction and in accordance with a government-to-government
agreement between the Tribe and the Secretary of the Interior.
``(i) Remedial Action at Site Near Moab.--(1) Within one year after
the enactment of this subsection, the Secretary of Energy shall prepare
a plan to commence, within one year following preparation of the plan,
remedial action, including groundwater restoration, at the uranium
milling site near Moab, Utah, in accordance with section 102(a)(4) of
the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C.
7912(a)), as amended by section 3 of this Act. The Secretary shall
limit the amounts expended in carrying out this remedical action to
amounts specifically appropriated for the remedial action in an
appropriations Act and other amounts available for that purpose under
this subsection.
``(2) The Secretary of Energy shall retain the amounts received as
royalties under subsection (e)(1) of 3405 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420
note), and such amounts shall be available, without further
appropriation to carry out the remedial action referred to in paragraph
(1). Upon completion of such remedial action, all such royalty amounts
shall be deposited in the General Fund of the Treasury. There are
authorized to be appropriated to the Secretary of Energy to carry out
the remedial action referred to in paragraph (1) such additional sums
as may be necessary.
``(3) If the uranium milling site referred to in paragraph (1) is
sold after the Secretary of Energy's remedial action referred to in
paragraph (1) is completed, the seller shall transfer to the Secretary
of Energy, for deposit into the miscellaneous receipts account of the
Treasury, the portion of the sale price that the Secretary determines
results from the enhancement of the value of the site attributable to
the remedial action. The Secretary's determination shall be based upon
appraisals conducted at the completion of the remedial action. The
property shall be appraised at its fair market value as of the date of
enactment of this action, based on available information, and its fair
market value at the completion of the remedial action. The difference
between such appraisals shall be the enhancement of the value of the
site resulting attributable to the remedial action.''.
SEC. 3. URANIUM MILL TAILINGS.
Section 102(a) of the Uranium Mill Tailings Radiation Control Act
of 1978 (42 U.S.C. 7912(a)) is amended by inserting the following new
paragraph after paragraph (3):
``(4) Notwithstanding any other provision of law, the Moab uranium
milling site (hereafter referred to as the `Moab Site') located
approximately 3 miles northwest of Moab, Utah, and identified in the
Final Environmental Impact Statement issued by the Nuclear Regulatory
Commission in March 1996, in conjunction with Source Material License
No. SUA 917, is designated as a processing site. This title applies to
the Moab Site in the same manner and to the same extent as to other
processing sites designated under this subsection, except that--
``(A) sections 103, 107(a), 112(a), and 115(a) of this
title shall not apply;
``(B) a reference in this title to the date of the
enactment of this Act shall be treated as a reference to the
date of enactment of this paragraph; and
``(C) the Secretary, subject to appropriations and without
regard to section 104(b) of this title, shall conduct
remediation, including groundwater restoration and removal of
residual radioactive material and other contaminated material
from the Moab Site and from the floodplain of the Colorado
River for permanent disposition and stabilization of residual
radioactive material in a safe and environmentally sound manner
at a site in the State of Utah.''.
SEC. 4. CONFORMING AMENDMENT.
Section 3406 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended by inserting
after subsection (e) the following new subsection:
``(f) Oil Shale Reserve No. 2.--This section does not apply to the
transfer of Oil Shale Reserve Numbered 2 under section 3405.''. | Provides that such lands conveyed to the Tribe shall not revert to the United States for management in trust status.
Revokes all existing withdrawals on NOSR-2.
Directs the Secretary of the Interior to administer the lands and interests in lands reserved from such conveyance and to prepare and submit to Congress a land use plan for the management of these lands and interests in lands within three years after the enactment of this Act. Authorizes appropriations.
Provides for the Tribe to pay the royalty interest reserved from conveyance free of all development, production, marketing, and operating expenses. Requires the United States to bear and pay gross production taxes, pipeline taxes, and allocation taxes assessed against the gross production.
Requires the Tribe to: (1) report annually to the Secretary and Congress on its resource development and other activities concerning the property transferred; and (2) submit every five years to a financial audit of such activities, with the first audit taking place five years after the date of transfer and the results of each audit being included in the next annual report after completion.
Requires the Tribe to: (1) manage its lands adjacent to and within a 1/4 mile of the Green River in a protected status and in a manner consistent with the provisions contained in a government-to-government agreement and a specified memorandum of understanding as agreed to by the Tribe and the Secretary of the Interior; (2) protect any plant species listed as endangered or threatened that is located on the NOSR-2 lands conveyed to the Tribe in a manner consistent with the then current levels of legal protection, and this protection to be performed fully under tribal jurisdiction and in accordance with a government-to-government agreement between the Tribe and the Secretary of the Interior; and (3) manage the horses not owned by the Tribe or tribal members that are located or found on such lands in a manner consistent with then current Federal protections granted such animals, provided that the management, control, and protection of such horses will be performed fully under tribal jurisdiction and in accordance with a government-to-government agreement between the Tribe and the Secretary of the Interior.
Requires the Secretary to: (1) prepare a plan to commence, within one year following preparation of such plan, remedial action, including groundwater restoration, at the uranium milling site near Moab, Utah; and (2) retain the amounts received as royalties under this Act (and such amounts shall be available to carry out such remedial action). Requires upon completion of such remedial action all such royalty amounts to be deposited in the general fund of the Treasury. Authorizes appropriations.
Amends the Uranium Mill Tailings Radiation Control Act of 1978 to designate the Moab uranium milling site as a processing site, with specified exceptions. | {"src": "billsum_train", "title": "Keep the Colorado River Clean Act"} | 2,275 | 618 | 0.540678 | 1.837399 | 0.533081 | 6.701128 | 3.802632 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Witness Security and Protection
Grant Program Act of 2015''.
SEC. 2. WITNESS PROTECTION GRANT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``applicant'' means a State, tribal, or local
government that applies for a grant under this section; and
(2) the terms ``serious drug offense'' and ``serious
violent felony'' have the meaning given those terms in section
3559(c)(2) of title 18, United States Code.
(b) Grants Required.--Subject to subsection (j), the Attorney
General shall make competitive grants to State, tribal, and local
governments to establish or maintain programs that provide protection
or assistance to witnesses in court proceedings involving--
(1) a homicide, serious violent felony, or serious drug
offense; or
(2) gangs or organized crime.
(c) Criteria.--In making grants under this section, the Attorney
General shall evaluate applicants based upon the following:
(1) The extent to which the applicant lacks infrastructure
to support programs that provide protection or assistance to
witnesses.
(2) The prevalence of witness intimidation in the
jurisdiction of the applicant.
(3) The percentage of cases not prosecuted by the applicant
due to witness intimidation.
(4) The number of homicides per capita committed in the
jurisdiction of the applicant.
(5) The number of serious violent felonies or serious drug
offenses per capita committed in the jurisdiction of the
applicant.
(6) The extent to which organized crime is present in the
jurisdiction of the applicant.
(7) Any other criteria that the Attorney General determines
appropriate.
(d) Technical Assistance.--From amounts made available under
subsection (j) to carry out this section, the Attorney General, upon
request of a recipient of a grant under this section, shall direct the
appropriate offices within the Department of Justice to provide
technical assistance to the recipient to the extent the Attorney
General determines technical assistance is needed to establish or
maintain a program that provides protection or assistance to witnesses.
(e) Best Practices.--
(1) Report.--A recipient of a grant under this section
shall submit to the Attorney General a report, in such form and
manner and containing such information as specified by the
Attorney General, that evaluates each program established or
maintained pursuant to the grant, including policies and
procedures under the program.
(2) Development of best practices.--Based on the reports
submitted under paragraph (1), the Attorney General shall
develop best practice models to assist State, tribal, and local
governments in addressing--
(A) witness safety;
(B) short-term and permanent witness relocation;
(C) financial and housing assistance; and
(D) any other services related to witness
protection or assistance that the Attorney General
determines necessary.
(3) Dissemination to states.--Not later than 1 year after
developing best practice models under paragraph (2), the
Attorney General shall disseminate the models to State, tribal,
and local governments.
(4) Sense of congress.--It is the sense of Congress that
State, tribal, and local governments should use the best
practice models developed and disseminated under this
subsection to evaluate, improve, and develop witness protection
or witness assistance programs as appropriate.
(5) Rule of construction relating to sensitive
information.--Nothing in this section shall be construed to
require the dissemination of any information that the Attorney
General determines--
(A) is law enforcement sensitive and should only be
disclosed within the law enforcement community; or
(B) poses a threat to national security.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a program
carried out using a grant made under this section shall be not
more than 75 percent.
(2) In-kind contributions.--
(A) In general.--Subject to subparagraph (B), the
non-Federal share for a program carried out using a
grant made under this section may be in the form of in-
kind contributions that are directly related to the
purpose for which the grant was made.
(B) Maximum percentage.--Not more than 50 percent
of the non-Federal share for a program carried out
using a grant made under this section may be in the
form of in-kind contributions.
(g) Administrative Costs.--Of amounts made available to carry out
this section for a fiscal year, the Attorney General may use not more
than 5 percent for administrative costs.
(h) Geographic Distribution.--In making grants under this section,
the Attorney General shall--
(1) to the extent reasonable and practical, ensure an
equitable geographical distribution throughout the United
States of programs that provide protection or assistance to
witnesses; and
(2) give due consideration to applicants from both urban
and rural areas.
(i) Report to Congress.--The Attorney General shall submit a report
to Congress--
(1) not later than December 31, 2016, on the implementation
of this section, including any information on programs funded
by grants made under this section; and
(2) not later than December 31, 2021, on the programs
funded by grants made under this section, including on best
practice models developed under subsection (e)(2).
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2016 through 2020. | Witness Security and Protection Grant Program Act of 2015 This bill directs the Department of Justice (DOJ) to award competitive matching grants to state, local, and tribal governments to establish or maintain witness protection programs in cases related to: (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. DOJ must evaluate grant applications based on certain criteria, including the prevalence of witness intimidation, the presence of organized crime, and the per capita number of homicides, violent felonies, or serious drug offenses. The bill also requires DOJ to: (1) consider urban and rural applicants and ensure equitable geographic distribution of grant awards; and (2) develop and disseminate best practice models to help state, local, and tribal governments address witness protection and assistance issues. | {"src": "billsum_train", "title": "Witness Security and Protection Grant Program Act of 2015"} | 1,160 | 172 | 0.64404 | 1.897312 | 0.968888 | 3.275 | 6.98125 | 0.8625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Emergency Medical Services
Act of 1999''.
SEC. 2. EMERGENCY SERVICES.
(a) Coverage of Emergency Services.--
(1) In general.--If a group health plan, or health
insurance coverage offered by a health insurance issuer,
provides any benefits with respect to emergency services (as
defined in paragraph (2)(B)), the plan or issuer shall cover
emergency services furnished under the plan or coverage--
(A) without the need for any prior authorization
determination;
(B) whether or not the health care provider
furnishing such services is a participating provider
with respect to such services;
(C) in a manner so that, if such services are
provided to a participant, beneficiary, or enrollee by
a nonparticipating health care provider, the
participant, beneficiary, or enrollee is not liable for
amounts that exceed the amounts of liability that would
be incurred if the services were provided by a
participating provider; and
(D) without regard to any other term or condition
of such plan or coverage (other than exclusion or
coordination of benefits, or an affiliation or waiting
period, permitted under section 2701 of the Public
Health Service Act (42 U.S.C. 300gg et seq.), section
701 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1181 et seq.), or section 9801 of the
Internal Revenue Code of 1986, and other than
applicable cost sharing).
(2) Definitions.--In this section:
(A) Emergency medical condition based on prudent
layperson standard.--The term ``emergency medical
condition'' means a medical condition manifesting
itself by acute symptoms of sufficient severity
(including severe pain) such that a prudent layperson,
who possesses an average knowledge of health and
medicine, could reasonably expect the absence of
immediate medical attention to result in a condition
described in clause (i), (ii), or (iii) of section
1867(e)(1)(A) of the Social Security Act (42 U.S.C.
1395dd(e)(1)(A)).
(B) Emergency services.--The term ``emergency
services'' means--
(i) a medical screening examination (as
required under section 1867 of the Social
Security Act (42 U.S.C. 1395dd)) that is within
the capability of the emergency department of a
hospital, including ancillary services
routinely available to the emergency department
to evaluate an emergency medical condition (as
defined in subparagraph (A)); and
(ii) within the capabilities of the staff
and facilities at the hospital, such further
medical examination and treatment as are
required under section 1867 of such Act to
stabilize the patient.
(C) Stabilize.--The term ``to stabilize'' means,
with respect to an emergency medical condition, to
provide such medical treatment of the condition as may
be necessary to assure, within reasonable medical
probability, that no material deterioration of the
condition is likely to result from or occur during the
transfer of the individual from a facility.
(b) Reimbursement for Maintenance Care and Post-Stabilization
Care.--In the case of services (other than emergency services) for
which benefits are available under a group health plan, or under health
insurance coverage offered by a health insurance issuer, the plan or
issuer shall provide for reimbursement with respect to such services
provided to a participant, beneficiary, or enrollee other than through
a participating health care provider in a manner consistent with
subsection (a)(1)(C) (and shall otherwise comply with the guidelines
established under section 1852(d)(2) of the Social Security Act (42
U.S.C. 1395w-22(d)(2)) (relating to promoting efficient and timely
coordination of appropriate maintenance and post-stabilization care of
an enrollee after an enrollee has been determined to be stable), or, in
the absence of guidelines under such section, such guidelines as the
Secretary shall establish to carry out this subsection), if the
services are maintenance care or post-stabilization care covered under
such guidelines.
(c) Information for Participants, Beneficiaries, and Enrollees.--
(1) Group health plans.--A group health plan shall--
(A) provide to participants and beneficiaries at
the time of initial coverage under the plan (or the
effective date of this Act, in the case of individuals
who are participants and beneficiaries as of such
date), at least annually thereafter, and at the
beginning of any open enrollment provided under the
plan, the information described in paragraph (3) in
printed form; and
(B) upon request, make available to participants
and beneficiaries, to the applicable authority, and to
prospective participants and beneficiaries the
information described in paragraph (3) in printed form.
(2) Health insurance issuers.--A health insurance issuer,
in connection with the provision of health insurance coverage,
shall--
(A) provide to individuals enrolled under such
coverage at the time of enrollment, and at least
annually thereafter, (and to plan administrators of
group health plans in connection with which such
coverage is offered) the information described in
paragraph (3) in printed form; and
(B) upon request, make available to the applicable
authority, to individuals who are prospective
enrollees, to plan administrators of group health plans
that may obtain such coverage, and to the public the
information described in paragraph (3) in printed form.
(3) Required information.--The information described in
this paragraph with respect to a group health plan or health
insurance coverage offered by a health insurance issuer is
information about the coverage of emergency services,
including--
(A) the appropriate use of emergency services,
including use of the 911 telephone system or its local
equivalent in emergency situations and an explanation
of what constitutes an emergency situation;
(B) the process and procedures of the plan or
issuer for obtaining emergency services;
(C) any cost-sharing applicable to emergency
services; and
(D) the locations of--
(i) emergency departments; and
(ii) other settings in which plan
physicians and hospitals provide emergency
services and post-stabilization care.
(d) Definitions.--In this section:
(1) Applicable authority.--The term ``applicable
authority'' means--
(A) in the case of a group health plan, the
Secretary of Health and Human Services and the
Secretary of Labor; and
(B) in the case of a health insurance issuer with
respect to a specific provision of this section, the
applicable State authority or the Secretary of Health
and Human Services if such Secretary is enforcing such
provisions under section 2722(a)(2) or 2761(a)(2) of
the Public Health Service Act (42 U.S.C. 300gg-
22(a)(2), 300gg-61(a)(2)).
(2) Nonparticipating.--The term ``nonparticipating'' means,
with respect to a health care provider that provides health
care items and services to a participant, beneficiary, or
enrollee under a group health plan or health insurance
coverage, a health care provider that is not a participating
health care provider with respect to such items and services.
(3) Participating.--The term ``participating'' means, with
respect to a health care provider that provides health care
items and services to a participant, beneficiary, or enrollee
under a group health plan or health insurance coverage offered
by a health insurance issuer, a health care provider that
furnishes such items and services under a contract or other
arrangement with the plan or issuer.
(4) Other terms.--The terms ``applicable State authority'',
``beneficiary'', ``group health plan'', ``health insurance
coverage'', ``health insurance issuer'', and ``participant''
shall have the meanings given to such terms in section 2791 of
the Public Health Service Act (42 U.S.C. 300gg-91).
SEC. 3. STANDARDS UNDER THE PUBLIC HEALTH SERVICE ACT.
(a) Group Market.--Subpart 2 of part A of title XXVII of the Public
Health Service Act, as amended by the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277),
is amended by adding at the end the following new section:
``SEC. 2707. EMERGENCY SERVICES.
``(a) In General.--Each group health plan (and each health
insurance issuer offering group health insurance coverage in connection
with such a plan) shall comply with the requirements of the Access to
Emergency Medical Services Act of 1999, and such requirements shall be
deemed to be incorporated into this subsection.
``(b) Notice.--A group health plan shall comply with the notice
requirement under section 711(d) of the Employee Retirement Income
Security Act with respect to the requirements referred to in subsection
(a), and a health insurance issuer shall comply with such notice
requirement as if such section applied to such issuer and such issuer
were a group health plan.''.
(b) Individual Market.--Subpart 3 of part B of title XXVII of the
Public Health Service Act, as amended by the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277),
is amended by adding at the end the following new section:
``SEC. 2753. EMERGENCY SERVICES.
``(a) In General.--Each health insurance issuer shall comply with
the requirements of the Access to Emergency Medical Services Act of
1999 with respect to individual health insurance coverage it offers,
and such requirements shall be deemed to be incorporated into this
subsection.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 711(d) of the Employee
Retirement Income Security Act with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
SEC. 4. STANDARDS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974, as amended by the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277), is amended by adding at the end the
following:
``SEC. 714. EMERGENCY SERVICES.
``(a) In General.--Subject to subsection (b), a group health plan
(and a health insurance issuer offering group health insurance coverage
in connection with such a plan) shall comply with the requirements of
the Access to Emergency Medical Services Act of 1999, and such
requirements shall be deemed to be incorporated into this subsection.
``(b) Satisfaction of Requirements.--For purposes of subsection
(a), insofar as a group health plan provides benefits in the form of
health insurance coverage through a health insurance issuer, the plan
shall be treated as meeting the requirements of the Access to Emergency
Medical Services Act of 1999 with respect to such benefits and not be
considered as failing to meet such requirements because of a failure of
the issuer to meet such requirements so long as the plan sponsor or its
representatives did not cause such failure by the issuer.''.
(b) Conforming Amendment.--Section 732(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended
by striking ``section 711'' and inserting ``sections 711 and 714''.
(c) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 is amended by inserting
after the item relating to section 713 the following new item:
``Sec. 714. Emergency services.''.
SEC. 5. STANDARDS UNDER THE INTERNAL REVENUE CODE OF 1986.
Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is
amended--
(1) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``Sec. 9813. Standard relating to emergency services.''; and
(2) by inserting after section 9812 the following:
``SEC. 9813. STANDARD RELATING TO EMERGENCY SERVICES.
``A group health plan shall comply with the requirements of the
Access to Emergency Medical Services Act of 1999, and such requirements
shall be deemed to be incorporated into this section.''.
SEC. 6. EFFECTIVE DATE.
(a) Group Health Coverage.--
(1) In general.--Subject to paragraph (2), the amendments
made by sections 3(a), 4, and 5 (and section 2 insofar as it
relates to such sections) shall apply to group health plans and
health insurance coverage offered in connection with group
health plans for plan years beginning on or after January 1,
2000.
(2) Treatment of collective bargaining agreements.--In the
case of a group health plan maintained pursuant to 1 or more
collective bargaining agreements between employee
representatives and 1 or more employers ratified before the
date of the enactment of this Act, the amendments made by
sections 3(a), 4, and 5 (and section 2 insofar as it relates to
such sections) shall not apply to plan years beginning before
the later of--
(A) the date on which the last collective
bargaining agreement relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act);
or
(B) January 1, 2000.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan that amends the plan solely to conform to any requirement
of this Act shall not be treated as a termination of such
collective bargaining agreement.
(b) Individual Market.--The amendment made by section 3(b) (and
section 2 insofar as it relates to such section) shall apply with
respect to health insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market on or after January 1,
2000. | Access to Emergency Medical Services Act of 1999 - Provides that if a group health plan or health insurance coverage offered by a health insurance issuer provides any benefits with respect to emergency services, the plan or issuer shall cover such services: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating provider with respect to such services; (3) in a manner so that if such services are provided by a nonparticipating provider, the participant, beneficiary, or enrollee is not liable for amounts that exceed the liability that would be incurred if the services were provided by a participating provider; and (4) without regard to any other term or condition of such plan or coverage (other than exclusion or coordination of benefits, a specified affiliation or waiting period, and applicable cost sharing).
Requires such plans or issuers, in the case of maintenance or post-stabilization care services other than emergency services, to provide for reimbursement for services provided by nonparticipating providers in a manner consistent with specified guidelines relating to promoting efficient and timely coordination of maintenance and post- stabilization care of an enrollee under the Social Security Act or such guidelines as the Secretary of Health and Human Services shall establish.
Requires information regarding coverage of emergency services to be made available annually by plans and issuers.
Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to deem requirements of the Access to Emergency Medical Services Act of 1999 to be incorporated into such Acts and the Internal Revenue Code. | {"src": "billsum_train", "title": "Access to Emergency Medical Services Act of 1999"} | 3,174 | 347 | 0.69264 | 2.129265 | 0.825625 | 5.062092 | 9.228758 | 0.964052 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``California Coastal
National Monument Santa Cruz Redwoods Expansion Act''.
(b) Definitions.--In this Act:
(1) Map.--The term ``map'' means the map created by the
Bureau of Land Management, entitled ``Santa Cruz Redwoods
California Coastal National Monument Addition'' and dated
February 3, 2015.
(2) Monument.--The term ``Monument'' means the California
Coastal National Monument established by Presidential
Proclamation 7264.
(3) Santa cruz redwoods public lands.--The term ``Santa
Cruz Redwoods Public Lands'' means the Federal land comprising
approximately 5,800 acres in Santa Cruz County, California, as
generally depicted on the map.
(4) Presidential proclamation 7264.--The term
``Presidential Proclamation 7264'' means Presidential
Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg.
2821).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the Santa Cruz Redwoods Public Lands contain
significant and diverse natural landscapes including six
watersheds, redwood and riparian forests, freshwater wetlands,
and rolling coastal terrace grasslands in the Santa Cruz
Mountains that should be preserved for present and future
generations;
(2) the Santa Cruz Redwoods Public Lands are habitat for
numerous wildlife populations including endangered and rare
species such as the California red-legged frog, the American
peregrine falcon, coho salmon, and steelhead trout;
(3) the ocean and coastal ecosystems adjacent to and
visible from the Santa Cruz Redwoods Public Lands are within
the California Coastal Monument, and contain habitat for
endangered and unique marine species including gray whales, sea
otters, and harbor seals;
(4) the Santa Cruz Redwoods Public Lands contain threatened
vegetation communities such as purple needlegrass and riparian
red alder forest;
(5) the Santa Cruz Redwoods Public Lands and surrounding
coastal lands have been used by humans since prehistoric times
and were historically inhabited by the native Ohlone people;
(6) the Santa Cruz Redwoods Public Lands are historically
associated with adjacent lands managed for the enjoyment of
current and future generations, including Coast Dairies State
Park and Wilder Ranch State Park;
(7) the Santa Cruz Redwoods Public Lands represent a model
partnership where future management can be successfully
accomplished among the Federal Government, State of California,
Santa Cruz County, local communities, and private landowners;
(8) permanent protection of the Santa Cruz Redwoods Public
Lands will provide important economic benefits to surrounding
communities, and has broad public support in the community;
(9) the Santa Cruz Redwoods Public Lands will make a
significant addition to the California Coastal National
Monument and National Landscape Conservation System
administered by the Bureau of Land Management of the Department
of the Interior; and
(10) statutory protection would ensure that the Santa Cruz
Redwoods Public Lands remain a part of the historical,
cultural, and natural heritage of the United States and a
source of inspiration for the people of the United States.
(b) Purpose.--The purpose of this Act is to protect, conserve, and
enhance for the benefit and enjoyment of present and future generations
the unique and nationally important historical, natural, cultural,
scientific, educational, and scenic values of the Santa Cruz Redwoods
Public Lands, while allowing certain recreational and research
activities to continue.
SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT.
(a) In General.--The boundary of the Monument established by
Presidential Proclamation 7264 is expanded to include the Federal land
shown on the map.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall create a map and
boundary description of the land added to the Monument by this
Act.
(2) Force and effect.--The map and boundary description
described under paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary
may correct any minor errors in the map and boundary
descriptions.
(3) Availability of map and boundary description.--The map
and boundary description described under paragraph (1) shall be
on file and available for public inspection in appropriate
offices of the Bureau of Land Management.
SEC. 4. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, the Secretary
shall manage the land added to the Monument by this Act--
(1) as a part of the Monument;
(2) by allowing only such uses of the Monument as will
further the purposes for which the Monument is established; and
(3) in accordance with Presidential Proclamation 7264.
(b) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall finalize an
amendment to the Monument management plan for the long-term
protection and management of the land added to the Monument by
this Act.
(2) Requirements.--The plan amendment shall--
(A) be developed with an opportunity for full
public participation; and
(B) describe the appropriate uses and management of
the land consistent with this Act.
(c) Motorized and Mechanized Transport.--Except as needed for
emergency or authorized administrative purposes, the use of motorized
and mechanized vehicles in the Monument shall be permitted only on
roads and trails designated for their use.
(d) Incorporation of Land and Interests.--
(1) Authority.--The Secretary may acquire non-Federal land
or interests in land within or adjacent to the land added to
the Monument by this Act only through exchange, donation, or
purchase from a willing seller.
(2) Management.--Any land or interests in land within or
adjacent to the land added to the Monument by this Act acquired
by the United States after the date of enactment of this Act
shall be added to and administered as part of the Monument.
(e) Overflights.--Nothing in this Act--
(1) restricts or precludes overflights, including low-level
overflights or military, commercial, and general aviation
overflights that can be seen or heard within the land added to
the Monument by this Act;
(2) restricts or precludes the designation or creation of
new units of special use airspace or the establishment of
military flight training routes over the land added to the
Monument by this Act; or
(3) modifies regulations governing low-level overflights
above the adjacent Monterey Bay National Marine Sanctuary.
(f) Restoration.--Nothing in this Act affects the ongoing
restoration and reclamation being performed pursuant to the December 2,
1968 lease between the Coast Dairies and Land Company and the Lone Star
Cement Corporation, or under a renegotiation or renewal of that lease,
as long as such restoration and reclamation furthers the purpose of the
Monument described in section 2(b) and is performed in accordance
with--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) any other applicable law.
(g) Native American Uses.--Nothing in this Act enlarges,
diminishes, or modifies the rights of any Indian Tribe or Indian
religious community.
(h) Buffer Zones.--
(1) In general.--The expansion of the Monument is not
intended to lead to the establishment of protective perimeters
or buffer zones around the land included in the Monument by
this Act.
(2) Activities outside the monument.--The fact that
activities outside the Monument can be seen or heard within the
land added to the Monument by this Act shall not, of itself,
preclude those activities or uses up to the boundary of the
Monument.
(i) Grazing.--Nothing in this Act affects the grazing of livestock
within the Santa Cruz Redwoods Public Lands.
(j) Withdrawal.--Subject to valid existing rights, all Federal land
within the Santa Cruz Redwoods expansion to the Monument is withdrawn
from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) leasing or disposition under all laws relating to--
(A) minerals; and
(B) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(k) National Landscape Conservation System.--The Secretary shall
manage the Monument as part of the National Landscape Conservation
System. | California Coastal National Monument Santa Cruz Redwoods Expansion Act Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Santa Cruz Redwoods public lands comprising approximately 5,800 acres in Santa Cruz County, California. Requires the Department of the Interior to manage such lands: (1) in accordance with such Proclamation, (2) as part of the Monument, and (3) by allowing only such uses of the Monument as will further the purposes for which it is being established. Instructs Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Requires management of the Monument as part of the National Landscape Conservation System. | {"src": "billsum_train", "title": "California Coastal National Monument Santa Cruz Redwoods Expansion Act"} | 1,921 | 168 | 0.600792 | 1.578612 | 0.744858 | 4.289655 | 11.806897 | 0.937931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens' Self-Defense Act of
1995''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Police cannot protect, and are not legally liable for
failing to protect, individual citizens, as evidenced by the
following:
(A) The courts have consistently ruled that the
police do not have an obligation to protect
individuals, only the public in general. For example,
in Warren v. District of Columbia Metropolitan Police
Department, 444 A.2d 1 (D.C. App. 1981), the court
stated: ``[C]ourts have without exception concluded
that when a municipality or other governmental entity
undertakes to furnish police services, it assumes a
duty only to the public at large and not to individual
members of the community.''.
(B) Former Florida Attorney General Jim Smith told
Florida legislators that police responded to only
200,000 of 700,000 calls for help to Dade County
authorities.
(C) The United States Department of Justice found
that, in 1989, there were 168,881 crimes of violence
for which police had not responded within 1 hour.
(D) Currently, there are about 150,000 police
officers on duty at any one time.
(2) Citizens frequently must use firearms to defend
themselves, as evidenced by the following:
(A) Every year, more than 2,400,000 people in the
United States use a gun to defend themselves against
criminals--or more than 6,500 people a day. This means
that, each year, firearms are used 60 times more often
to protect the lives of honest citizens than to take
lives.
(B) Of the 2,400,000 self-defense cases, more than
192,000 are by women defending themselves against
sexual abuse.
(C) Of the 2,400,000 times citizens use their guns
to defend themselves every year, 92 percent merely
brandish their gun or fire a warning shot to scare off
their attackers. Less than 8 percent of the time, does
a citizen kill or wound his or her attacker.
(3) Law-abiding citizens, seeking only to provide for their
families' defense, are routinely prosecuted for brandishing or
using a firearm in self- defense. For example:
(A) In 1986, Don Bennett of Oak Park, Illinois, was
shot at by 2 men who had just stolen $1,200 in cash and
jewelry from his suburban Chicago service station. The
police arrested Bennett for violating Oak Park's
handgun ban. The police never caught the actual
criminals.
(B) Ronald Biggs, a resident of Goldsboro, North
Carolina, was arrested for shooting an intruder in
1990. Four men broke into Biggs' residence one night,
ransacked the home and then assaulted him with a
baseball bat. When Biggs attempted to escape through
the back door, the group chased him and Biggs turned
and shot one of the assailants in the stomach. Biggs
was arrested and charged with assault with a deadly
weapon--a felony. His assailants were charged with
misdemeanors.
(C) Don Campbell of Port Huron, Michigan, was
arrested, jailed, and criminally charged after he shot
a criminal assailant in 1991. The thief had broken into
Campbell's store and attacked him. The prosecutor plea-
bargained with the assailant and planned to use him to
testify against Campbell for felonious use of a
firearm. Only after intense community pressure did the
prosecutor finally drop the charges.
(4) The courts have granted immunity from prosecution to
police officers who use firearms in the line of duty.
Similarly, law-abiding citizens who use firearms to protect
themselves, their families, and their homes against violent
felons should not be subject to lawsuits by the violent felons
who sought to victimize them.
SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN
DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT.
(a) Reaffirmation of Right.--A person not prohibited from receiving
a firearm by Public Law 90-351 shall have the right to obtain firearms
for security, and to use firearms--
(A) in defense of self or family against a
reasonably perceived threat of imminent and unlawful
infliction of serious bodily injury.
(B) in defense of self or family in the course of
the commission by another person of a violent felony
against the person or a member of the person's family;
and
(C) in defense of the person's home in the course
of the commission of a felony by another person.
(b) Firearm Defined.--As used in subsection (a), the term
``firearm'' means--
(1) a shotgun (as defined in section 921(a)(5) of title 18,
United States Code);
(2) a rifle (as defined in section 921(a)(7) of title 18,
United States Code); or
(3) a handgun (as defined in section 10 of Public Law 99-
408).
(c) Enforcement of Right.--
(1) In general.--A person whose right under subsection (a)
is violated in any manner may bring an action in any United
States district court against the United States, any State, or
any person for damages, injunctive relief, and such other
relief as the court deems appropriate.
(2) Authority to award a reasonable attorney's fee.--In an
action brought under paragraph (1), the court, in its
discretion, may allow the prevailing plaintiff a reasonable
attorney's fee as part of the costs.
(3) Statute of limitations.--An action may not be brought
under paragraph (1) after the 5-year period that begins with
the date the violation described in paragraph (1) is
discovered. | Citizens' Self-Defense Act of 1995 - Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person.
Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate.
Sets forth provisions regarding: (1) the award of attorney's fees; and (2) the statute of limitations. | {"src": "billsum_train", "title": "Citizens' Self-Defense Act of 1995"} | 1,304 | 206 | 0.386486 | 1.294362 | 0.738569 | 5.718919 | 6.4 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Pension Investments
Modernization Act of 2014''.
SEC. 2. CONSIDERATION OF FIRM-SPECIFIC RISKS AND INCLUSION OF DIVERSE
ASSET MANAGERS IN ERISA PLANS.
(a) In General.--Section 404(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) by designating subparagraph (D) as subparagraph
(E); and
(C) by inserting after subparagraph (C) the
following:
``(D) in any case in which the fiduciary appoints an
investment manager or managers to manage any assets of a plan
under section 402(c)(3), or business enterprise or enterprises
for brokerage and investment banking services, by establishing
policies under which the fiduciary will consider--
``(i) the concentration level of the plan's
exposure to firm-specific risks, including operational,
compliance, and fraud risks;
``(ii) the inclusion, to the greatest extent
feasible, of minority business enterprises for
brokerage and investment banking services; and
``(iii) the utilization of diverse asset managers,
taking into consideration the investment opportunities
they offer in sectors, strategies, geographies, and
demographics not meaningfully available to the
plans.''; and
(2) by inserting at the end the following:
``(3)(A) For purposes of this subsection, the term `minority
business enterprise' means any business entity--
``(i) not less than 51 percent of which is owned by one or
more individuals described in subparagraph (C) or, in the case
of any publicly owned business, not less than 51 percent of the
stock of which is owned by such individuals; or
``(ii)(I) not less than 35 percent of which is owned by one
or more individuals described in subparagraph (C) or, in the
case of any publicly owned business, not less than 35 percent
of the stock of which is owned by such individuals; and
``(II) the management and daily business operations of
which are controlled by one or more individuals described in
subparagraph (C).
``(B) For purposes of this subsection, the term `diverse asset
manager' means a minority business enterprise that manages an
investment portfolio of at least $100,000,000 and not more than
$25,000,000,000.
``(C) An individual described in this subparagraph is--
``(i) an African-American, Hispanic-American, Asian Pacific
American, Subcontinent Asian American, or Native American;
``(ii) a woman; or
``(iii) a veteran (as defined in section 101(2) of title
38, United States Code).''.
(b) Issuance of Guidance by Secretary of Labor.--Not later than 1
year after the date of the enactment of this Act, the Secretary of
Labor shall issue guidance relating to the requirement imposed by
section 404(a)(1)(D) of such Act (as amended by subsection (a)). In
issuing guidance under this subsection, the Secretary of Labor shall
consider successful practices from State, local, and private-sector
retirement systems' utilization of diverse and emerging asset managers
and of minority business enterprises for brokerage and investment
banking services, including established efforts, programs, plans, and
goals designed to increase their participation in financial services,
and providing pension plans with greater access to investment
opportunities that may otherwise be overlooked.
SEC. 3. CONSIDERATION OF FIRM-SPECIFIC RISKS AND INCLUSION OF DIVERSE
ASSET MANAGERS IN THE THRIFT SAVINGS PLAN.
(a) In General.--Section 8472 of title 5, United States Code, is
amended by adding at the end the following:
``(k) In establishing policies under subsection (f)(1)(A), the
Board shall take into account the guidance issued by the Secretary of
Labor pursuant to section 404(a)(1)(D) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1104(a)).''.
(b) Conforming Amendment.--Section 8477(b)(1)(C) of such title is
amended by inserting after ``of this title,'' the following: ``and
consistent with the policies developed under section 8472(k),''.
SEC. 4. ACTIVE MANAGEMENT OPTION UNDER THE THRIFT SAVINGS PLAN.
(a) In General.--Subchapter III of chapter 84 of title 5, United
States Code, is amended by inserting at the end the following:
``Sec. 8440g. Active management option
``(a) The Board shall provide employees and Members and former
employees or Members the option to participate in actively managed
funds within such employee or Member's Thrift Savings Fund account.
Such option or options shall allow not more than 20 percent of an
employee or Member's (or former employee or Member's) funds to be
actively managed.
``(b) Notwithstanding the requirement of subsection (a), the Board
may not subject more than 20 percent of the total assets under
management of the Thrift Savings Fund to active management.
``(c) The Board shall promulgate guidelines regarding the active
management of funds under this section. In promulgating such
guidelines, the Board shall consider modern and successful practices
from State, local, and private-sector retirement systems' utilization
of active management strategies in order to--
``(1) reduce market downside risks to the best extent
possible, including dramatic swings in major market indexes;
``(2) take advantage of research and investment
opportunities offered by small-, minority-, women- and veteran-
owned firms that specialize in less traditional asset classes,
or less efficient market segments with high-growth potentials,
including investments in sectors, strategies, geographies and
demographics that are not meaningfully available to large
passively invested funds; and
``(3) take advantage of more effective portfolio designs
that diversify across active and passive investment strategies
and managers.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding after the item relating to section 8440f the
following new item:
``8440g. Active management option.''.
SEC. 5. REPORTS.
Not later than 1 year after the issuance of guidance under section
2(b) and annually thereafter, the Secretary of Labor and the Chairman
of the Federal Retirement Thrift Investment Board shall submit a report
to Congress on the progress achieved and efforts being made to
implement the amendments made by sections 2 and 3, respectively. Such
report shall include such recommendations as the Secretary and the
Chairman, respectively, deem necessary or appropriate. In addition,
each report shall include--
(1) an assessment of the extent to which compliance with
the requirements contained in such amendments is being
achieved;
(2) a summary of the enforcement actions taken by each of
the agencies assigned administrative enforcement
responsibilities for such requirements;
(3) to the extent feasible, with respect to the Thrift
Savings Plan and terminated plans within the meaning of title
IV of the Employee Retirement Income Security Act of 1974--
(A) a list of all asset management firms (minority-
owned and others) to which plan funds were allocated,
and the amount allocated to each asset management firm;
(B) the fees charged by each asset management firm,
including proceeds from security lending, if any;
(C) the list of all firms (minority-owned and
others) used for brokerage and investment banking
services, and the amount of transactions executed; and
(D) the fees charged by each firm used for
brokerage and investment banking services.
SEC. 6. EFFECTIVE DATE.
The amendments made by sections 2 and 3 shall apply with respect to
plan years beginning at least 9 months after the issuance of guidance
under section 2(b). | American Pension Investments Modernization Act of 2014 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the fiduciary of an employee benefit plan to establish policies for appointment of an investment manager or managers to manage any plan assets or business enterprise or enterprises for brokerage and investment banking services. Requires the fiduciary, under these policies, to consider: the concentration level of the plan's exposure to firm-specific risks, including operational, compliance, and fraud risks; the inclusion, to the greatest extent feasible, of minority business enterprises for brokerage and investment banking services (including enterprises owned or controlled by specified percentages of African-Americans, Hispanic-Americans, Asian Pacific Americans, Subcontinent Asian Americans, Native Americans, women, or veterans); and the utilization of diverse asset managers, taking into consideration the investment opportunities they offer in sectors, strategies, geographies, and demographics not meaningfully available to the plans. Defines "diverse asset manager" as a minority business enterprise that manages an investment portfolio of between $100 million and $25 billion. Directs the Secretary of Labor to issue related guidance and requires the Federal Retirement Thrift Investment Board (FRTIB) under the Federal Employees Retirement System (FERS) to take this guidance into account. Directs the FRTIB to give current and former federal employees and Members of Congress in FERS the option to participate in actively managed funds within the employee's or Member's Thrift Savings Fund account (but no more than 20% of a current or former employee's or Member's funds). Prohibits the FRTIB from subjecting more than 20% of the total assets under management of the Thrift Savings Fund to active management. | {"src": "billsum_train", "title": "American Pension Investments Modernization Act of 2014"} | 1,792 | 377 | 0.588312 | 1.919443 | 0.899085 | 3.975 | 5.078125 | 0.85625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Access for Small Community
Financial Institutions Act of 2014''.
SEC. 2. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO BECOME MEMBERS OF
A FEDERAL HOME LOAN BANK.
(a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12
U.S.C. 1424(a)) is amended by adding at the end the following new
paragraph:
``(5) Certain privately insured credit unions.--
``(A) In general.--Subject to the requirements of
subparagraph (B), a credit union shall be treated as an
insured depository institution for purposes of
determining the eligibility of such credit union for
membership in a Federal home loan bank under paragraphs
(1), (2), and (3).
``(B) Certification by appropriate supervisor.--
``(i) In general.--For purposes of this
paragraph and subject to clause (ii), a credit
union which lacks Federal deposit insurance and
which has applied for membership in a Federal
home loan bank may be treated as meeting all
the eligibility requirements for Federal
deposit insurance only if the appropriate
supervisor of the State in which the credit
union is chartered has determined that the
credit union meets all the eligibility
requirements for Federal deposit insurance as
of the date of the application for membership.
``(ii) Certification deemed valid.--If, in
the case of any credit union to which clause
(i) applies, the appropriate supervisor of the
State in which such credit union is chartered
fails to make a determination pursuant to such
clause by the end of the 6-month period
beginning on the date of the application, the
credit union shall be deemed to have met the
requirements of clause (i).
``(C) Security interests of federal home loan bank
not avoidable.--Notwithstanding any provision of State
law authorizing a conservator or liquidating agent of a
credit union to repudiate contracts, no such provision
shall apply with respect to--
``(i) any extension of credit from any
Federal home loan bank to any credit union
which is a member of any such bank pursuant to
this paragraph; or
``(ii) any security interest in the assets
of such credit union securing any such
extension of credit.
``(D) Protection for certain federal home loan bank
advances.--Notwithstanding any State law to the
contrary, if a Bank makes an advance under section 10
to a State-chartered credit union that is not federally
insured--
``(i) the Bank's interest in any collateral
securing such advance has the same priority and
is afforded the same standing and rights that
the security interest would have had if the
advance had been made to a federally-insured
credit union; and
``(ii) the Bank has the same right to
access such collateral that the Bank would have
had if the advance had been made to a
federally-insured credit union.''.
(b) Copies of Audits of Private Insurers of Certain Depository
Institutions Required To Be Provided to Supervisory Agencies.--Section
43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
1831t(a)(2)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(3) by inserting at the end the following new clause:
``(iii) in the case of depository
institutions described in subsection (e)(2)(A)
the deposits of which are insured by the
private insurer which are members of a Federal
home loan bank, to the Federal Housing Finance
Agency, not later than 7 days after the audit
is completed.''.
SEC. 3. GAO REPORT.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall conduct a study and
submit a report to Congress--
(1) on the adequacy of insurance reserves held by a private
deposit insurer that insures deposits in an entity described in
section 43(e)(2)(A) of the Federal Deposit Insurance Act (12
U.S.C. 1831t(e)(2)(A)); and
(2) for an entity described in paragraph (1) the deposits
of which are insured by a private deposit insurer, information
on the level of compliance with Federal regulations relating to
the disclosure of a lack of Federal deposit insurance.
Passed the House of Representatives May 6, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Capital Access for Small Community Financial Institutions Act of 2014 - (Sec. 2) Amends the Federal Home Loan Bank Act to treat certain privately insured credit unions as insured depository institutions for purposes of determining eligibility for membership in a federal home loan bank. Permits a credit union which lacks federal deposit insurance and has applied for membership in a federal home loan bank to be treated as meeting all the eligibility requirements for federal deposit insurance if the supervisor of the chartering state has determined that it meets all federal deposit insurance eligibility requirements. Deems such a credit union to have met the eligibility criteria for federal home loan bank membership if, six months after its application date, the state supervisor has failed to act upon the application. Prohibits the application of a state law authorizing a conservator or liquidating agent of a credit union to repudiate contracts to any: (1) extension of credit from a federal home loan bank to a credit union which is a member of that bank, or (2) security interest in the assets of the credit union securing such extension of credit. Declares that if a federal home loan bank makes an advance to a state-chartered credit union that is not federally insured: (i) the bank's interest in any collateral securing such advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally-insured credit union, and (2) the bank has the same right to access such collateral that it would have had if the advance had been made to a federally-insured credit union. Amends the Federal Deposit Insurance Act to require private deposit insurers of credit unions that are members of a federal home loan bank to submit copies of their audit reports within seven days to the Federal Housing Finance Agency. (Sec. 3) Directs the Comptroller General (GAO) to study: (1) the adequacy of insurance reserves held by a private deposit insurer that insures deposits in an insured credit union or any credit union eligible to apply to become one, and (2) such credit unions' compliance with federal regulations governing disclosure of a lack of federal deposit insurance. | {"src": "billsum_train", "title": "Capital Access for Small Community Financial Institutions Act of 2014"} | 1,047 | 487 | 0.732905 | 2.289174 | 0.908436 | 4.374702 | 2.229117 | 0.933174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice in Sentencing Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In August 2003, United States Supreme Court Justice
Anthony Kennedy, in a speech before the annual convention of
the American Bar Association, called for a reexamination of the
issue of mandatory minimum sentencing and a review of ``. . .
the inadequacies--and the injustices--in our penal correctional
systems''.
(2) Justice Kennedy stated that in too many cases,
mandatory minimum sentences are unwise and unjust, and that he
could ``. . . accept neither the necessity nor the wisdom of
mandatory minimum sentences''.
(3) Justice Kennedy concluded that in the Federal criminal
justice system ``[o]ur resources are misspent, our punishments
too severe, our sentences too long''.
(4) In response, in October 2003, the President of the ABA
created the Justice Kennedy Commission to investigate the
issues raised by Justice Kennedy's August 2003 speech.
(5) On June 23, 2004, the Commission issued a report, which
concluded that America's criminal justice systems rely too
heavily on incarceration and that they need to consider more
effective alternatives, including shorter sentences, treatment
and prisoner reentry programs.
(6) At its August 2004 annual convention, the ABA House of
Delegates adopted the recommendations of the Justice Kennedy
Commission, including the recommendation to repeal mandatory
minimum sentencing statutes.
(7) Since the enactment of mandatory minimum sentencing for
drug users, the Federal Bureau of Prisons budget increased by
more than 2,016 percent, from $220,000,000 in 1986 to about
$4,437,000,000 in 2004.
(8) Mandatory minimums have not reduced sentencing
discretion, but rather have transferred discretion from judges
to prosecutors. Prosecutors, not judges, have the discretion to
reduce a charge, accept or deny a plea bargain, reward or deny
a defendant's substantial assistance or cooperation in the
prosecution of someone else, and ultimately, to determine the
final sentence of the defendant.
(9) African Americans comprise 12 percent of the United
States population, 15 percent of drug users, 17 percent of
cocaine users, but 33 percent of all Federal drug convictions
and 57 percent of Federal cocaine convictions.
(10) In 1986, before the mandatory minimums for crack
cocaine offenses became effective, the average Federal offense
for African Americans was 11 percent higher than whites.
Following the implementation of mandatory drug sentencing laws,
the average drug offense sentence for African Americans was 49
percent higher than whites.
(11) The average dealer holds a low-wage job and sells part
time to obtain for his or her own use.
(12) According to the Justice Department, the time spent in
prison does not affect recidivism rates.
(13) Largely as a result of mandatory minimum sentencing
statutes, there are now more than 2,100,000 persons in prison
and almost 70 percent of the people behind bars in America are
persons of color. African Americans made up 40 percent of the
Federal prison population in August 2003, up from 31 percent in
1986 before Federal mandatory minimums were enacted.
(14) As a result of mandatory minimum sentencing statutes,
particularly with respect to drug crimes, in 2001, the average
Federal drug trafficking conviction was 72.7 months while the
average Federal manslaughter sentence was 34.3 months, the
average assault sentence 37.7 months, and the average sexual
abuse sentence 65.2 months.
(15) In 1999, African Americans constituted 13 percent of
drug users. In that same year, African Americans constituted 35
percent of drug arrests, 53 percent of drug convictions, and 58
percent of those in prison for drug offenses.
(16) Though their rates of drug use are roughly equal,
because of aggressive police tactics, racial profiling, and
other activities heavily targeted at street level drug activity
in urban areas (as opposed to the less visible drug activity
prevalent in more affluent areas), African Americans are
arrested for drug offenses at six times the rate of whites.
(17) Federal mandatory minimum sentences make African
Americans more likely to be incarcerated and for longer periods
than their white counterparts. In the year 2000, 84.7 percent
of crack cocaine cases were brought against African Americans
even though, in that year, African Americans comprised only
about 26.6 percent of crack users. Only 5.6 percent of crack
cases that year were brought against Caucasians even though
they constituted 64.4 percent of crack users.
(18) In the 20 years from 1981 to 2001, the sentenced
portion of the Federal prison population grew from about 20,000
in 1981 to about 115,000 prisoners. During that same period,
the percentage of drug offenders in Federal prison grew from 25
percent to almost 60 percent. Mandatory minimum sentences for
drug crimes are the largest drivers of expanding prison
populations.
SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL.
A Federal prosecution for an offense under the Controlled
Substances Act, the Controlled Substances Import and Export Act, or for
any conspiracy to commit such an offense, where the offense involves
the illegal distribution or possession of a controlled substance in an
amount less than that amount specified as a minimum for an offense
under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) or, in the case of any substance containing cocaine or
cocaine base, in an amount less than 500 grams, shall not be commenced
without the prior written approval of the Attorney General.
SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVISIONS.
(a) Section 404.--Section 404(a) of the Controlled Substances Act
(21 U.S.C. 844(a)) is amended--
(1) by striking ``not less than 15 days but'';
(2) by striking ``not less than 90 days but'';
(3) by striking ``not less than 5 years and''; and
(4) by striking the sentence beginning ``The imposition or
execution of a minimum sentence''.
(b) Section 401.--Section 401(b) of the Controlled Substances Act
(21 U.S.C. 841(b)) is amended.--
(1) in paragraph (1)(A)--
(A) by striking ``which may not be less than 10
years and or more than'' and inserting ``for any term
of years or for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years or more
than life'' the first place it appears;
(C) by striking ``which may not be less than 20
years and not more than life imprisonment'' and
inserting ``for any term of years or for life'';
(D) by inserting ``imprisonment for any term of
years or'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning ``If any
person commits a violation of this subparagraph''; and
(F) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced''; and
(2) in paragraph (1)(B)--
(A) by striking ``which may not be less than 5
years and'' and inserting ``for'';
(B) by striking ``not less than 20 years or more
than'' and inserting ``for any term of years or to'';
(C) by striking ``which may not be less than 10
years and more than'' and inserting ``for any term of
years or for'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(c) Section 1010.--Section 1010(b) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term of years or
for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years and not
more than life'' the first place it appears;
(C) by striking ``of not less than 20 years and not
more than life imprisonment'' and inserting ``for any
term of years or for life'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''; and
(2) in paragraph (2)--
(A) by striking ``not less than 5 years and'';
(B) by striking ``of not less than twenty years and
not more than'' and inserting ``for any term of years
or for'';
(C) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term of years or
to'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(d) Section 418.--Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(e) Section 419.--Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(f) Section 420.--Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended--
(1) by striking subsection (e); and
(2) in subsection (f), by striking ``, (c), and (e)'' and
inserting ``and (c)''. | Justice in Sentencing Act of 2004 - Requires the Attorney General's prior written approval for a Federal prosecution of an offense under the Controlled Substances Act (CSA) or the Controlled Substances Import and Export Act (CSIEA), or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that specified as a minimum for an offense under CSA or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams.
Modifies CSA and CSIEA to delete specified mandatory minimum terms of imprisonment. | {"src": "billsum_train", "title": "To repeal mandatory minimum sentencing for certain Federal crimes and restore justice and fairness to Federal sentencing practices."} | 2,402 | 141 | 0.396675 | 1.216618 | 0.472331 | 6.267241 | 18.784483 | 0.922414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honor Our Commitment Act of 2017''.
SEC. 2. ACCESS TO DEPARTMENT OF VETERANS AFFAIRS MENTAL AND BEHAVIORAL
HEALTH CARE FOR CERTAIN INDIVIDUALS DISCHARGED OR
RELEASED FROM THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE
UNDER CONDITIONS OTHER THAN HONORABLE.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by inserting after section 1712C the following
new section:
``Sec. 1712D. Mental and behavioral health care for certain individuals
discharged or released from the active military, naval,
or air service under conditions other than honorable
``(a) In General.--Notwithstanding section 5303(a) of this title
and subject to subsection (c), the Secretary shall furnish to an
eligible individual covered mental and behavioral health care.
``(b) Eligible Individuals.--For purposes of this section, an
eligible individual is any of the following:
``(1) An individual who--
``(A) served in the active military, naval, or air
service for a period of more than 180 days and was
deployed in a theater of combat operations or an area
at a time during which hostilities are occurring in
that area for a period of more than 30 days during such
service;
``(B) was discharged or released from such service
by reason of committing a covered offense; and
``(C) was diagnosed by a qualified mental health
care provider with a mental or behavioral health
condition before committing the covered offense.
``(2) An individual who--
``(A) served in the active military, naval, or air
service for a period of more than 180 days and was
deployed in a theater of combat operations or an area
at a time during which hostilities are occurring in
that area for a period of more than 30 days during such
service;
``(B) was discharged or released from such service
by reason of committing a covered offense;
``(C) is diagnosed with a mental or behavioral
health condition after committing such covered offense
but before the expiration of the five-year period
beginning on the later of--
``(i) the date of the enactment of the
Honor Our Commitment Act of 2017; or
``(ii) the date on which the individual is
discharged or released from such service;
``(D) submits to the Secretary--
``(i) a certification from a qualified
mental health care provider that the provider
believes such condition may have led the
individual to commit such offense; and
``(ii) the Certificate of Release or
Discharge from Active Duty (DD Form 214) of the
individual; and
``(E) is determined by the Secretary pursuant to
subsection (c) to have had a mental or behavioral
health condition at the time the individual committed
the covered offense that contributed to the commission
of the offense.
``(c) Determination by Secretary.--(1) Not later than 90 days after
receiving the information submitted under subsection (b)(2)(D) with
respect to an individual, the Secretary shall determine whether, at the
time of committing the covered offense, the individual had a mental or
behavioral health condition that contributed to the commission of the
offense.
``(2) If the Secretary does not make a determination under
paragraph (1) with respect to a mental or behavioral health condition
of an individual before the end of the 90-day period beginning on the
date of the submittal of the information described in subsection
(b)(2)(D), the condition is deemed to be a mental or behavioral health
condition that contributed to the commission of the offense until such
time as the Secretary makes the determination.
``(d) Initial Mental Health Screening.--(1) The Secretary may
furnish to each individual described in paragraph (2) an initial mental
health screening not later than the later of--
``(A) five years after the date of the enactment of the
Honor Our Commitment Act of 2017; or
``(B) five years after the date on which the individual was
discharged or released from the active military, naval, or air
service.
``(2) Individuals described in this paragraph are the following:
``(A) Eligible individuals described in subsection (b)(1).
``(B) Individuals described in subparagraphs (A), (B), and
(C) of subsection (b)(2).
``(3) The mental health screening provided to an individual under
paragraph (1) shall be at no cost to the individual.
``(e) Notification of Eligibility.--The Secretary shall notify each
eligible individual described in subsection (b)(1) about the
eligibility of the individual for covered mental and behavioral health
care under this section not later than the later of--
``(1) 180 days after the date of the enactment of the Honor
Our Commitment Act of 2017; or
``(2) 180 days after the date on which the individual was
discharged or released from the active military, naval, or air
service.
``(f) Annual Report.--Not less frequently than annually, 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 that includes, with respect to the year
preceding the submittal of the report, the following:
``(1) The number of eligible individuals who were furnished
covered mental and behavioral health care under this section.
``(2) The number of individuals who the Secretary
determined under subsection (c) did not have a mental or
behavioral health condition at the time of committing a covered
offense that contributed to the commission of the offense.
``(3) The number of individuals who requested an initial
mental health screening under subsection (d).
``(4) The number of individuals who were furnished an
initial mental health screening under subsection (d).
``(g) Definitions.--In this section:
``(1) The term `covered mental and behavioral health care'
means the same types of medical services furnished by the
Department to individuals with service-connected mental or
behavioral health conditions to treat such conditions.
``(2) The term `covered offense' means an offense for which
an individual is discharged or separated from the active
military, naval, or air service under conditions other than
honorable but not a dishonorable discharge or a discharge by
court-martial.
``(3) The term `qualified mental health care provider'
means a licensed or certified health care provider whose scope
of practice includes diagnosing mental or behavioral health
conditions and includes physicians, psychologists, psychiatric
nurse practitioners, physician assistants, clinical social
workers, and licensed professional counselors.''.
(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 1712C the following new item:
``1712D. Mental and behavioral health care for certain individuals
discharged or released from the active
military, naval, or air service under
conditions other than honorable.''.
(c) Effective Date.--Section 1712D of title 38, United States Code,
as added by subsection (a), shall take effect on the date that is 120
days after the date of the enactment of this Act. | Honor Our Commitment Act of 2017 This bill directs the Department of Veterans Affairs (VA) to furnish mental and behavioral health care to individuals who: served in the active military, naval, or air service for more than 180 days and were deployed in a theater of combat operations or an area at a time during which hostilities occurred in that area for more than 30 days; were discharged or released from such service, by reason of committing a covered offense, under conditions other than honorable but not dishonorable or by court-martial; and either were diagnosed by a qualified mental health care provider with a mental or behavioral health condition before committing such offense; or are diagnosed with such a condition after committing such offense but before the expiration of five years after the later of the date of enactment of this bill or the date the individual is discharged or released from service, if a provider certifies such condition may have led to such offense and if the VA determines such individual had such condition at the time of the offense. The VA: (1) may furnish initial mental health screenings within five years after this bill's enactment or five years after the date of discharge or release from service, at no cost to the individual; and (2) shall notify each eligible individual about eligibility for covered mental and behavioral health care within 180 days of discharge or release from active service. | {"src": "billsum_train", "title": "Honor Our Commitment Act of 2017"} | 1,626 | 296 | 0.758423 | 2.209375 | 1.062746 | 3.765799 | 5.724907 | 0.925651 |
SECTION 1. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.
(a) Approval of Cross-border Facilities.--
(1) In general.--In accordance with section 8 of article 1
of the Constitution (delegating to Congress the power to
regulate commerce with foreign nations), TransCanada Keystone
Pipeline, L.P. is authorized to construct, connect, operate,
and maintain pipeline facilities, subject to subsection (c),
for the import of crude oil and other hydrocarbons at the
United States-Canada Border at Phillips County, Montana, in
accordance with the application filed with the Department of
State on September 19, 2008 (as supplemented and amended).
(2) Permit.--Notwithstanding any other provision of law, no
permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) or
any other similar Executive Order regulating construction,
connection, operation, or maintenance of facilities at the
borders of the United States, and no additional environmental
impact statement, shall be required for TransCanada Keystone
Pipeline, L.P. to construct, connect, operate, and maintain the
facilities described in paragraph (1).
(b) Construction and Operation of Keystone XL Pipeline in United
States.--
(1) In general.--The final environmental impact statement
issued by the Department of State on August 26, 2011, shall be
considered to satisfy all requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
any other provision of law that requires Federal agency
consultation or review with respect to the cross-border
facilities described in subsection (a)(1) and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended).
(2) Permits.--Any Federal permit or authorization issued
before the date of enactment of this Act for the cross-border
facilities described in subsection (a)(1), and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended), shall remain in effect.
(c) Conditions.--In constructing, connecting, operating, and
maintaining the cross-border facilities described in subsection (a)(1)
and related facilities in the United States described in the
application filed with the Department of State on September 19, 2008
(as supplemented and amended), TransCanada Keystone Pipeline, L.P.
shall comply with the following conditions:
(1) TransCanada Keystone Pipeline, L.P. shall comply with
all applicable Federal and State laws (including regulations)
and all applicable industrial codes regarding the construction,
connection, operation, and maintenance of the facilities.
(2) Except as provided in subsection (a)(2), TransCanada
Keystone Pipeline, L.P. shall comply with all requisite permits
from Canadian authorities and applicable Federal, State, and
local government agencies in the United States.
(3) TransCanada Keystone Pipeline, L.P. shall take all
appropriate measures to prevent or mitigate any adverse
environmental impact or disruption of historic properties in
connection with the construction, connection, operation, and
maintenance of the facilities.
(4) The construction, connection, operation, and
maintenance of the facilities shall be--
(A) in all material respects, similar to that
described in--
(i) the application filed with the
Department of State on September 19, 2008 (as
supplemented and amended); and
(ii) the final environmental impact
statement described in subsection (b)(1); and
(B) carried out in accordance with--
(i) the construction, mitigation, and
reclamation measures agreed to for the project
in the construction mitigation and reclamation
plan contained in appendix B of the final
environmental impact statement described in
subsection (b)(1);
(ii) the special conditions agreed to
between the owners and operators of the project
and the Administrator of the Pipeline and
Hazardous Materials Safety Administration of
the Department of Transportation, as contained
in appendix U of the final environmental impact
statement;
(iii) the measures identified in appendix H
of the final environmental impact statement, if
the modified route submitted by the State of
Nebraska to the Secretary of State crosses the
Sand Hills region; and
(iv) the stipulations identified in
appendix S of the final environmental impact
statement.
(d) Route in Nebraska.--
(1) In general.--Any route and construction, mitigation,
and reclamation measures for the project in the State of
Nebraska that is identified by the State of Nebraska and
submitted to the Secretary of State under this section is
considered sufficient for the purposes of this section.
(2) Prohibition.--Construction of the facilities in the
United States described in the application filed with the
Department of State on September 19, 2008 (as supplemented and
amended), shall not commence in the State of Nebraska until the
date on which the Secretary of State receives a route for the
project in the State of Nebraska that is identified by the
State of Nebraska.
(3) Receipt.--On the date of receipt of the route described
in paragraph (1) by the Secretary of State, the route for the
project within the State of Nebraska under this section shall
supersede the route for the project in the State specified in
the application filed with the Department of State on September
19, 2008 (including supplements and amendments).
(4) Cooperation.--Not later than 30 days after the date on
which the State of Nebraska submits a request to the Secretary
of State or any appropriate Federal official, the Secretary of
State or Federal official shall provide assistance that is
consistent with the law of the State of Nebraska.
(e) Administration.--
(1) In general.--Any action taken to carry out this section
(including the modification of any route under subsection (d))
shall not constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) State siting authority.--Nothing in this section alters
any provision of State law relating to the siting of pipelines.
(3) Private property.--Nothing in this section alters any
Federal, State, or local process or condition in effect on the
date of enactment of this Act that is necessary to secure
access from an owner of private property to construct the
project.
(f) Federal Judicial Review.--The cross-border facilities described
in subsection (a)(1), and the related facilities in the United States
described in the application filed with the Department of State on
September 19, 2008 (as supplemented and amended), that are approved by
this section, and any permit, right-of-way, or other action taken to
construct or complete the project pursuant to Federal law, shall only
be subject to judicial review on direct appeal to the United States
Court of Appeals for the District of Columbia Circuit. | Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain pipeline facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana, in accordance with a certain application filed with the Department of State on September 19, 2008.
Declares that no permit pursuant to Executive Order 13337 or any other similar Executive Order regulating such activities at the U.S. border, and no additional environmental impact statement (EIS), shall be required for such Pipeline.
Deems a certain EIS issued by the Department of State to satisfy all requirements of the National Environmental Policy Act of 1969 (NEPA) as well as any other law requiring federal agency consultation or review regarding such cross-border facilities.
Sets forth conditions governing construction, connection, operation, and maintenance of the cross-border facilities in connection with the Pipeline.
Deems sufficient for the purposes of this Act any route and construction, mitigation, and reclamation measures for the Pipeline in the state of Nebraska that is identified by Nebraska and submitted to the Secretary of State.
States that any action taken to implement this Act does not constitute a major federal action requiring an EIS under NEPA.
Restricts to the U.S. Court of Appeals for the District of Columbia Circuit any federal judicial review over actions and facilities implemented under this Act. | {"src": "billsum_train", "title": "A bill to approve the Keystone XL pipeline project and provide for environmental protection and government oversight."} | 1,459 | 300 | 0.689738 | 2.317015 | 0.846322 | 4.841085 | 5.368217 | 0.864341 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Missions Preservation
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The California missions represent some of our Nation's
oldest historical treasures.
(2) The first of the California missions was founded in
1769, and eventually a chain of 21 missions and various sub-
missions extended along the coast of California on El Camino
Real.
(3) The California missions contribute greatly to the rich
historical, cultural, and architectural heritage of California
and the American West.
(4) The knowledge and cultural influence of native
California Indians made a lasting contribution to the early
settlement of California and the development of the California
missions.
(5) More than 5,300,000 people visit the California
missions annually, and the historical importance of the
California missions extends worldwide as they have become a
frequent destination for foreign visitors to the United States.
(6) The history of the California missions is an important
educational component in California schools, and the study of
the California missions is part of the Statewide fourth grade
curricula on California history.
(7) Restoration and repair of the California missions, and
the preservation of the Spanish colonial and mission-era
artworks and artifacts of the California missions, for the
public enjoyment will ensure that future generations also have
the benefit of experiencing and appreciating these great
symbols of the spirit of exploration and discovery in the
American West.
SEC. 3. SUPPORT FOR THE RESTORATION AND PRESERVATION OF THE CALIFORNIA
MISSIONS.
(a) Definitions.--In this section:
(1) California missions.--The term ``California missions''
means the following historic Spanish missions located in the
State of California and designated as California Registered
Historical Landmarks:
(A) Mission La Purisima Concepcion, Lompoc.
(B) Mission La Soledad, Soledad.
(C) Mission San Antonio de Padua, Jolon.
(D) Mission San Buenaventura, Ventura.
(E) Mission San Carlos Borromeo del Rio Carmelo,
Carmel.
(F) Mission San Diego Alcala, San Diego.
(G) Mission San Fernando Rey de Espana, Mission
Hills.
(H) Mission San Francisco de Asis, San Francisco.
(I) Mission San Francisco Solano, Sonoma.
(J) Mission San Gabriel Arcangel, San Gabriel.
(K) Mission San Jose, Fremont.
(L) Mission San Juan Bautista, San Juan Bautista.
(M) Mission San Juan Capistrano, San Juan
Capistrano.
(N) Mission San Luis Obispo de Tolosa and its
Asistencia (sub-mission) of Santa Margarita de Cortona,
San Luis Obispo.
(O) Mission San Luis Rey de Francia and its
Asistencia (sub-mission), Oceanside.
(P) Mission San Miguel Arcangel, San Miguel.
(Q) Mission San Rafael Arcangel, San Rafael.
(R) Mission Santa Barbara Virgen y Martir, Santa
Barbara.
(S) Mission Santa Clara de Asis, Santa Clara.
(T) Mission Santa Cruz, Santa Cruz.
(U) Mission Santa Ines Virgen y Martir, Solvang.
(V) Asistencia San Antonio de Pala, Pala.
(2) California missions foundation.--The term ``California
Missions Foundation'' means the charitable corporation
established in the State of California in 1998 to fund the
restoration and repair of the California missions and the
preservation of the Spanish colonial and mission-era artworks
and artifacts of the California missions. The Foundation is
exempt from State franchise and income tax and is organized and
operated exclusively for charitable purposes under section
501(c)(3) of the Internal Revenue Code of 1986.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Grants Authorized.--The Secretary of the Interior may make
grants to the California Missions Foundation to support the efforts of
the California Missions Foundation to restore and repair the California
missions and to preserve the artworks and artifacts associated with the
California missions. As provided in section 101(e)(4) of the National
Historic Preservation Act (16 U.S.C. 470a(e)(4)), the Secretary shall
ensure that the purpose of a grant under this section is secular, does
not promote religion, and seeks to protect those qualities that are
historically significant.
(c) Application.--In order to receive a grant under this section
for the preservation of the California missions, the California
Missions Foundation shall submit to the Secretary an application that
includes--
(1) a status report on the condition of the infrastructure
and artifacts for each of the California missions; and
(2) a comprehensive program for restoration, repair, and
preservation of such infrastructure and artifacts, including
prioritized preservation efforts to be conducted over a 5-year
period and the estimated costs of such preservation efforts.
(d) Matching Fund Requirement.--The Secretary shall require the
California Missions Foundation to match grant funds provided under this
section.
(e) Report.--As a condition of a grant under this section, the
California Missions Foundation shall submit to the Secretary an annual
report on the status of the preservation efforts undertaken using grant
funds provided under this section. The Secretary shall submit a copy of
each report to Congress.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary a total of $10,000,000 during the five-
fiscal year period beginning October 1, 2003, to make grants under this
section. Funds appropriated pursuant to the authorization of
appropriations in this section shall be in addition to any funds made
available for preservation efforts in the State of California under the
National Historic Preservation Act. | California Missions Preservation Act - Authorizes the Secretary of the Interior to make matching grants to the California Missions Foundation to support its efforts to restore and repair the California missions, and to preserve associated artworks and artifacts. | {"src": "billsum_train", "title": "A bill to introduce the efforts of the California Missions Foundation to restore and repair the Spanish colonial and mission-era missions in the State of California and to preserve the artworks and artifacts of these missions, and for other purposes."} | 1,290 | 50 | 0.514585 | 1.319612 | 0.619481 | 3.675 | 28.825 | 0.975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Troops to Nurse Teachers Act of
2008''.
SEC. 2. PROGRAMS TO INCREASE THE NUMBER OF NURSES WITHIN THE ARMED
FORCES.
(a) In General.--The Secretary of Defense may provide for the
carrying out of each of the programs described in subsections (b)
through (f).
(b) Service of Nurse Officers as Faculty in Exchange for Commitment
to Additional Service in the Armed Forces.--
(1) In general.--One of the programs under this section may
be a program in which covered commissioned officers with a
graduate degree in nursing or a related field who are in the
nurse corps of the Armed Force concerned serve a tour of duty
of two years as a full-time faculty member of an accredited
school of nursing.
(2) Covered officers.--A commissioned officer of the nurse
corps of the Armed Forces described in this paragraph is a
nurse officer on active duty who has served for more than nine
years on active duty in the Armed Forces as an officer of the
nurse corps at the time of the commencement of the tour of duty
described in paragraph (1).
(3) Benefits and privileges.--An officer serving on the
faculty of an accredited school or nursing under this
subsection shall be accorded all the benefits, privileges, and
responsibilities (other than compensation and compensation-
related benefits) of any other comparably situated individual
serving a full-time faculty member of such school.
(4) Agreement for additional service.--Each officer who
serves a tour of duty on the faculty of a school of nursing
under this subsection shall enter into an agreement with the
Secretary to serve upon the completion of such tour of duty for
a period of four years for such tour of duty as a member of the
nurse corps of the Armed Force concerned. Any service agreed to
by an officer under this paragraph is in addition to any other
service required of the officer under law.
(c) Service of Nurse Officers as Faculty in Exchange for
Scholarships for Nurse Officer Candidates.--
(1) In general.--One of the programs under this section may
be a program in which commissioned officers with a graduate
degree in nursing or a related field who are in the nurse corps
of the Armed Force concerned serve while on active duty a tour
of duty of two years as a full-time faculty member of an
accredited school of nursing.
(2) Benefits and privileges.--An officer serving on the
faculty of an accredited school of nursing under this
subsection shall be accorded all the benefits, privileges, and
responsibilities (other than compensation and compensation-
related benefits) of any other comparably situated individual
serving as a full-time faculty member of such school.
(3) Scholarships for nurse officer candidates.--(A) Each
accredited school of nursing at which an officer serves on the
faculty under this subsection shall provide scholarships to
individuals undertaking an educational program at such school
leading to a degree in nursing who agree, upon completion of
such program, to accept a commission as an officer in the nurse
corps of the Armed Forces.
(B) The total amount of funds made available for
scholarships by an accredited school of nursing under
subparagraph (A) for each officer serving on the faculty of
that school under this subsection shall be not less than the
amount equal to an entry-level full-time faculty member of that
school for each year that such officer so serves on the faculty
of that school.
(C) The total number of scholarships provided by an
accredited school of nursing under subparagraph (A) for each
officer serving on the faculty of that school under this
subsection shall be such number as the Secretary of Defense
shall specify for purposes of this subsection.
(d) Scholarships for Certain Nurse Officers for Education as
Nurses.--
(1) In general.--One of the programs under this section may
be a program in which the Secretary provides scholarships to
commissioned officers of the nurse corps of the Armed Force
concerned described in paragraph (2) who enter into an
agreement described in paragraph (4) for the participation of
such officers in an educational program of an accredited school
of nursing leading to a graduate degree in nursing.
(2) Covered nurse officers.--A commissioned officer of the
nurse corps of the Armed Forces described in this paragraph is
a nurse officer who has served not less than 20 years on active
duty in the Armed Forces and is otherwise eligible for
retirement from the Armed Forces.
(3) Scope of scholarships.--Amounts in a scholarship
provided a nurse officer under this subsection may be utilized
by the officer to pay the costs of tuition, fees, and other
educational expenses of the officer in participating in an
educational program described in paragraph (1).
(4) Agreement.--An agreement of a nurse officer described
in this paragraph is the agreement of the officer--
(A) to participate in an educational program
described in paragraph (1); and
(B) upon graduation from such educational program--
(i) to serve not less than two years as a
full-time faculty member of an accredited
school of nursing; and
(ii) to undertake such activities as the
Secretary considers appropriate to encourage
current and prospective nurses to pursue
service in the nurse corps of the Armed Forces.
(e) Transition Assistance for Retiring Nurse Officers Qualified as
Faculty.--
(1) In general.--One of the programs under this section may
be a program in which the Secretary provides to commissioned
officers of the nurse corps of the Armed Force concerned
described in paragraph (2) the assistance described in
paragraph (3) to assist such officers in obtaining and
fulfilling positions as full-time faculty members of an
accredited school of nursing after retirement from the Armed
Forces.
(2) Covered nurse officers.--A commissioned officer of the
nurse corps of the Armed Forces described in this paragraph is
a nurse officer who--
(A) has served an aggregate of at least 20 years on
active duty or in reserve active status in the Armed
Forces;
(B) is eligible for retirement from the Armed
Forces; and
(C) possesses a doctoral or master degree in
nursing or a related field which qualifies the nurse
officer to discharge the position of nurse instructor
at an accredited school of nursing.
(3) Assistance.--The assistance described in this paragraph
is assistance as follows:
(A) Career placement assistance.
(B) Continuing education.
(C) Stipends (in an amount specified by the
Secretary).
(4) Agreement.--A nurse officer provided assistance under
this subsection shall enter into an agreement with the
Secretary to serve as a full-time faculty member of an
accredited school of nursing for such period as the Secretary
shall provide in the agreement.
(f) Benefits for Retired Nurse Officers Accepting Appointment as
Faculty.--
(1) In general.--One of the programs under this section may
be a program in which the Secretary provides to any individual
described in paragraph (2) the benefits specified in paragraph
(3).
(2) Covered individuals.--An individual described in this
paragraph is an individual who--
(A) is retired from the Armed Forces after service
as a commissioned officer in the nurse corps of the
Armed Forces;
(B) holds a graduate degree in nursing; and
(C) serves as a full-time faculty member of an
accredited school of nursing.
(3) Benefits.--The benefits specified in this paragraph
shall include the following:
(A) Payment of retired or retirement pay without
reduction based on receipt of pay or other compensation
from the institution of higher education concerned.
(B) Payment by the institution of higher education
concerned of a salary and other compensation to which
other similarly situated faculty members of the
institution of higher education would be entitled.
(C) If the amount of pay and other compensation
payable by the institution of higher education
concerned for service as an associate full-time faculty
member is less than the basic pay to which the
individual was entitled immediately before retirement
from the Armed Forces, payment of an amount equal to
the difference between such basic pay and such payment
and other compensation.
(g) Administration and Duration of Programs.--
(1) In general.--The Secretary shall establish requirements
and procedures for the administration of the programs
authorized by this section. Such requirements and procedures
shall include procedures for selecting participating schools of
nursing.
(2) Duration.--Any program carried out under this section
shall continue for not less than two years.
(3) Assessment.--Not later than two years after commencing
any program under this section, the Secretary shall assess the
results of such program and determine whether or not to
continue such program. The assessment of any program shall be
based on measurable criteria, information concerning results,
and such other matters as the Secretary considers appropriate.
(4) Continuation.--The Secretary may continue carrying out
any program under this section that the Secretary determines,
pursuant to an assessment under paragraph (3), to continue to
carry out. In continuing to carry out a program, the Secretary
may modify the terms of the program within the scope of this
section. The continuation of any program may include its
expansion to include additional participating schools of
nursing.
(h) Definitions.--In this section, the terms ``school of nursing''
and ``accredited'' have the meaning given those terms in section 801 of
the Public Health Service Act (42 U.S.C. 296). | Troops to Nurse Teachers Act of 2008 - Authorizes the Secretary of Defense to carry out programs under which commissioned officers of the nurse corps: (1) serve as full-time faculty of accredited schools of nursing in exchange for additional service or in exchange for scholarships provided by the school to those accepting commissions in the nurse corps; (2) receive scholarships leading to a graduate degree in nursing in exchange for service as nursing school faculty and to undertake activities to encourage nurses to serve in the Armed Forces nurse corps; (3) receive nursing faculty career placement and continuing education assistance if they are retirement-eligible and have graduate degrees qualifying them as nurse instructors; or (4) receive, while serving after retirement as faculty at a nursing school, retired pay without reduction and a pay differential to ensure that compensation for faculty member service will not be less than the basic pay received before retirement.
Requires: (1) any program established under this Act to last at least two years; and (2) the Secretary to assess each program to determine if it should be continued. | {"src": "billsum_train", "title": "To authorize programs to increase the number of nurses within the Armed Forces through assistance for service as nurse faculty or education as nurses, and for other purposes."} | 2,014 | 216 | 0.639777 | 1.694974 | 0.95463 | 2.215311 | 9.301435 | 0.904306 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Former Soviet Union State Pension
Fairness Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the 2009 American Community Survey, over
1.1 million immigrants from the fifteen states of the former
Soviet Union currently live in the United States.
(2) Many such immigrants worked for decades for state-run
industries in their countries of origin.
(3) As a result of such years of hard work, such immigrants
earned government pensions in their countries of origin.
(4) According to the 2009 American Community Survey, 37
percent of such immigrants are out of the labor force, 18
percent are aged 65 and over, and 17 percent live below the
poverty line.
(5) Many such immigrants are elderly, retired, and poor,
living on fixed incomes.
(6) Many such immigrants are Jews who fled due to religious
persecution.
(7) Many of such immigrants who are Jews were forced to
give up their citizenship before being allowed to leave their
country of origin.
(8) The United States has negotiated agreements with 24
countries, often called ``totalization agreements'', to
coordinate comprehensively public pension coverage and benefits
across countries.
(9) The 24 countries with which the United States has
totalization agreements are Australia, Austria, Belgium,
Canada, Chile, Czech Republic, Denmark, Finland, France,
Germany, Greece, Ireland, Italy, Japan, South Korea,
Luxembourg, the Netherlands, Norway, Poland, Portugal, Spain,
Sweden, Switzerland, and the United Kingdom.
(10) The United States does not pay Social Security
benefits to noncitizens residing outside the United States for
more than six consecutive months (``alien nonpayment
provision'') unless certain exceptions are met.
(11) One exception to the alien nonpayment provision, under
section 202(t) of the Social Security Act, is if the alien is a
citizen of a country that has a social insurance or pension
system which meets certain criteria, including having a system
under which benefits are paid to eligible United States
citizens who reside outside that country.
(12) The United States has arrangements with 71 countries
under section 202(t) of the Social Security Act, in which the
United States pays a foreign country's citizens who earned
Social Security while working in the United States but have
since moved abroad because that foreign country pays United
States citizens who earned pensions in that foreign country but
have since moved abroad.
(13) According to the Social Security Administration, these
71 countries are Albania, Antigua and Barbuda, Argentina,
Austria, Bahamas, Barbados, Belgium, Belize, Bolivia, Bosnia-
Herzegovina, Brazil, Burkina Faso, Canada, Chile, Colombia,
Costa Rica, Cote D'Ivoire, Croatia, Cyprus, Czech Republic,
Denmark, Dominica, Dominican Republic, Ecuador, El Salvador,
Finland, France, Gabon, Grenada, Guatemala, Guyana, Hungary,
Iceland, Jamaica, Jordan, Latvia, Liechtenstein, Lithuania,
Luxembourg, Macedonia, Malta, Marshall Islands, Mexico,
Federated States of Micronesia, Monaco, Montenegro, Nicaragua,
Norway, Palau, Panama, Peru, Philippines, Poland, Portugal, St.
Kitts and Nevis, St. Lucia, Samoa, San Marino, Serbia,
Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland,
The Netherlands, Trinidad-Tobago, Turkey, United Kingdom,
Uruguay, and Venezuela.
(14) Not all persons from the states of the former Soviet
Union who now live in the United States are paid pensions that
they worked for and earned while working in such states.
(15) The Secretary of State and the Commissioner of Social
Security have worked with the governments of the states of the
former Soviet Union to encourage such states to adopt policies
that would allow receipt of pensions for all individuals who
worked in any such state and earned a pension and currently
reside in the United States.
(16) In June 2009, the House of Representatives by voice
vote adopted House Amendment 185 to H.R. 2410, the Foreign
Relations Authorization Act, Fiscal Years 2010 and 2011, which
stated it is the ``sense of Congress that the United States
should continue working with the states of the former Soviet
Union to come to an agreement whereby each state of the former
Soviet Union would pay the tens of thousands of beneficiaries
who have immigrated to the United States the pensions for which
they are eligible and entitled.''.
(17) In October 2009, the Constitutional Court of Ukraine
ruled that its law barring pension payments to those who lived
in Ukraine or lived in countries with which Ukraine had a
pension treaty was unconstitutional.
(18) To allow Ukrainians in the United States to receive
the pensions they earned pursuant to the decision of the
Constitutional Court of Ukraine, its decision has to be
implemented through legislation.
SEC. 3. DIRECTION TO SECRETARY OF STATE AND COMMISSIONER OF SOCIAL
SECURITY RELATING TO PENSION POLICIES OF STATES OF THE
FORMER SOVIET UNION.
(a) In General.--The Secretary of State and the Commissioner of
Social Security are authorized and directed to continue to work with
the governments of the states of the former Soviet Union to encourage
such states to adopt policies that would allow receipt of pensions for
individuals who worked in any such state and earned a pension and
currently reside in the United States.
(b) Priority in U.S. Foreign Policy.--The Secretary of State is
authorized and directed to continue to make the adoption of policies
described in subsection (a) by the states of the former Soviet Union a
priority in the conduct of United States foreign policy with such
states.
SEC. 4. REPORT.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary of State and the Commissioner of
Social Security shall jointly submit to Congress a report on the
implementation of this Act for the preceding year. Such report shall
include a detailed description of the progress that has been made to
encourage the states of the former Soviet Union to adopt policies
described in section 3(a).
SEC. 5. STATES OF THE FORMER SOVIET UNION DEFINED.
In this Act, the term ``states of the former Soviet Union'' means
Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan,
Latvia, Lithuania, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine,
Uzbekistan. | Former Soviet Union State Pension Fairness Act of 2011 - Directs the Secretary of State and the Commissioner of Social Security to continue to work with the governments of the states of the former Soviet Union to encourage them to adopt policies that would allow receipt of pensions for individuals who worked in any such state and earned a pension and currently reside in the United States. | {"src": "billsum_train", "title": "To authorize and direct the Secretary of State and the Commissioner of Social Security to continue to work with the governments of the states of the former Soviet Union to encourage such states to adopt policies that would allow receipt of pensions for individuals who worked in any such state and earned a pension and currently reside in the United States, and for other purposes."} | 1,402 | 74 | 0.40556 | 1.128168 | 0.66784 | 8.617647 | 19.661765 | 0.970588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Fisheries Advisory
Committee Act''.
SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.
(a) Establishment.--Section 2 of the Act of August 11, 1939 (15
U.S.C. 713c-3), is amended by adding at the end the following:
``(f) American Fisheries Advisory Committee.--
``(1) Definitions.--In this subsection:
``(A) Committee.--The term `Committee' means the
American Fisheries Advisory Committee established under
paragraph (2).
``(B) Marketing and promotion.--The term `marketing
and promotion' means an activity aimed at encouraging
the consumption of seafood or expanding or maintaining
commercial markets for seafood.
``(C) Processor.--The term `processor' means any
person in the business of preparing or packaging
seafood (including seafood of the processor's own
harvesting) for sale.
``(D) Seafood.--The term `seafood' means farm-
raised and wild-caught fish or shellfish harvested in
the United States or by a United States flagged vessel
for human consumption.
``(E) Seafood industry.--The term `seafood
industry' means harvesters, marketers, growers,
processors, and persons providing them with goods and
services.
``(2) Establishment.--Not later than 90 days after the date
of the enactment of the American Fisheries Advisory Committee
Act, the Secretary shall establish five regions within the
American Fisheries Advisory Committee as follows:
``(A) Region 1 shall consist of Alaska, Hawaii, the
Commonwealth of the Northern Mariana Islands, and the
territories of Guam and American Samoa.
``(B) Region 2 shall consist of Maine, New
Hampshire, Massachusetts, Rhode Island, Connecticut,
New York, Michigan, Minnesota, Wisconsin, Illinois,
Indiana, Ohio, and Pennsylvania.
``(C) Region 3 shall consist of Texas, Alabama,
Louisiana, Mississippi, Florida, Puerto Rico, and the
territory of the Virgin Islands.
``(D) Region 4 shall consist of California,
Washington, Oregon, and Idaho.
``(E) Region 5 shall consist of New Jersey,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia.
``(3) Membership.--The Committee shall be composed of the
following members:
``(A) Regional representation.--Each of the regions
listed in subparagraphs (A) through (E) of paragraph
(2) shall be represented on the Committee by two
members--
``(i) who are appointed by the Secretary;
``(ii) who reside in a State or territory
in the region that the member will represent;
``(iii) of which--
``(I) one shall have experience as
a seafood harvester; and
``(II) one shall have experience as
a processor; and
``(iv) that are selected so that the
members of the Committee have experience or
expertise with as many seafood species as
practicable.
``(B) At-large members.--The Secretary shall
appoint to the Committee at-large members to ensure
that the Committee fairly reflects the expertise and
interest of the seafood industry located in each
region, as follows:
``(i) One individual with experience in
mass market food distribution.
``(ii) One individual with experience in
mass market food retail or food service.
``(iii) One individual with experience in
the marketing of seafood.
``(iv) One individual with experience in
growing seafood.
``(v) One individual who is an employee of
the National Marine Fisheries Service with
expertise in fisheries research.
``(4) Member terms.--The term for a member of the Committee
shall be three years, except that the Secretary shall designate
staggered terms for the members initially appointed to the
Committee.
``(5) Responsibilities.--The Committee shall be responsible
for--
``(A) identifying needs of the seafood industry
that may be addressed by a project funded with a grant
under subsection (c);
``(B) developing the request for proposals for such
grants;
``(C) reviewing applications for such grants; and
``(D) selecting applications for approval under
subsection (c)(2)(B).
``(6) Chair.--The Committee shall elect a chair by a
majority of those voting, if a quorum is present.
``(7) Quorum.--A simple majority of members of the
Committee shall constitute a quorum, but a lesser number may
hold hearings.
``(8) Meetings.--
``(A) Frequency.--The Committee shall meet not more
than two times each year.
``(B) Location.--The meetings of the Committee
shall rotate between the geographic regions described
under paragraph (2).
``(C) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Committee.
``(9) Staff.--The Committee may employ staff as necessary
without regard to the provisions of title 5, United States
Code.
``(10) Per diem and expenses and funding.--
``(A) In general.--A member of the Committee shall
serve without compensation, but shall be reimbursed in
accordance with section 5703 of title 5, United States
Code, for reasonable travel costs and expenses incurred
in performing duties as a member of the Committee.
``(B) Funding.--The reimbursements made under
subparagraph (A) shall be paid with the funds made
available for grants under subsection (c).
``(11) Conflict of interest.--The conflict of interest and
recusal provisions set out in section 302(j) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(j)) shall apply to any decision by the Committee and to
all members of the Committee as if each member of the Committee
is an affected individual within the meaning of such section
302(j), except that in addition to the disclosure requirements
of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)),
each member of the Committee shall disclose any financial
interest or relationship in an organization or with an
individual that is applying for a grant under subsection (c)
held by the member of the Committee, including an interest as
an officer, director, trustee, partner, employee, contractor,
agent, or other representative.''.
(b) Role in Approval of Grants.--Section 2(c)(3) of the Act of
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as
follows:
``(3) No application for a grant under this subsection may be
approved unless--
``(A) the Secretary is satisfied that the applicant has the
requisite technical and financial capability to carry out the
project; and
``(B) the application is selected for funding by the
American Fisheries Advisory Committee under subsection (f).''. | American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee. NOAA must establish five regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA must not approve a grant application unless the application is selected for funding by the committee. | {"src": "billsum_train", "title": "American Fisheries Advisory Committee Act"} | 1,593 | 147 | 0.475447 | 1.268986 | 0.580266 | 1.863248 | 12.333333 | 0.717949 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weather Mitigation Research and
Technology Transfer Authorization Act of 2007''.
SEC. 2. PURPOSE.
It is the purpose of this Act to develop and implement a
comprehensive and coordinated national weather mitigation policy and a
national cooperative Federal and State program of weather mitigation
research and development.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Weather Mitigation
Advisory and Research Board.
(2) Executive director.--The term ``Executive Director''
means the Executive Director of the Weather Mitigation Advisory
and Research Board.
(3) Research and development.--The term ``research and
development'' means theoretical analysis, exploration,
experimentation, and the extension of investigative findings
and theories of scientific or technical nature into practical
application for experimental and demonstration purposes,
including the experimental production and testing of models,
devices, equipment, materials, and processes.
(4) Weather mitigation.--The term ``weather mitigation''
means changing or controlling, or attempting to change or
control, by artificial methods the natural development of
atmospheric cloud forms or precipitation forms which occur in
the troposphere. Examples include rain enhancement, snowpack
augmentation, and hail suppression.
SEC. 4. WEATHER MITIGATION ADVISORY AND RESEARCH BOARD ESTABLISHED.
(a) In General.--There is established in the Department of Commerce
the Weather Mitigation Advisory and Research Board.
(b) Membership.--
(1) In general.--The Board shall consist of 11 members
appointed by the Secretary of Commerce, of whom--
(A) at least 1 shall be a representative of the
American Meteorological Society;
(B) at least 1 shall be a representative of the
American Society of Civil Engineers;
(C) at least 1 shall be a representative of the
National Academy of Sciences;
(D) at least 1 shall be a representative of the
National Center for Atmospheric Research of the
National Science Foundation;
(E) at least 2 shall be representatives of the
National Oceanic and Atmospheric Administration of the
Department of Commerce;
(F) at least 1 shall be a representative of
institutions of higher education or research
institutes; and
(G) at least 1 shall be a representative of a State
that is currently supporting operational weather
mitigation projects.
(2) Tenure.--A member of the Board serves at the pleasure
of the Secretary of Commerce.
(3) Vacancies.--Any vacancy on the Board shall be filled in
the same manner as the original appointment.
(b) Advisory Committees.--The Board may establish advisory
committees to advise the Board and to make recommendations to the Board
concerning legislation, policies, administration, research, and other
matters.
(c) Initial Meeting.--Not later than 30 days after the date on
which all members of the Board have been appointed, the Board shall
hold its first meeting.
(d) Meetings.--The Board shall meet at the call of the Chair.
(e) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold hearings.
(f) Chair and Vice Chair.--The Board shall select a Chair and Vice
Chair from among its members.
SEC. 5. DUTIES OF THE BOARD.
(a) Promotion of Research and Development.--In order to assist in
expanding the theoretical and practical knowledge of weather
mitigation, the Board shall promote and fund research and development,
studies, and investigations with respect to--
(1) improved forecast and decisionmaking technologies for
weather mitigation operations, including tailored computer
workstations and software and new observation systems with
remote sensors; and
(2) assessments and evaluations of the efficacy of weather
mitigation, both purposeful (including cloud-seeding
operations) and inadvertent (including downwind effects and
anthropogenic effects).
(b) Financial Assistance.--Unless the use of the money is
restricted or subject to any limitations provided by law, the Board
shall use amounts in the Weather Mitigation Research and Development
Fund--
(1) to pay its expenses in the administration of this Act;
and
(2) to provide for research and development with respect to
weather mitigation by grants to, or contracts or cooperative
arrangements with, public or private agencies.
(c) Report.--The Board shall submit to the Secretary of Commerce
biennially a report on its findings and research results.
SEC. 6. POWERS OF THE BOARD.
(a) Studies, Investigations, and Hearings.--The Board may make any
studies or investigations, obtain any information, and hold any
hearings necessary or proper to administer or enforce this Act or any
rules or orders issued under this Act.
(b) Personnel.--The Board may employ, as provided for in
appropriations Acts, an Executive Director and other support staff
necessary to perform duties and functions under this Act.
(c) Cooperation With Other Agencies.--The Board may cooperate with
public or private agencies to promote the purposes of this Act.
(d) Cooperative Agreements.--The Board may enter into cooperative
agreements with the head of any department or agency of the United
States, an appropriate official of any State or political subdivision
of a State, or an appropriate official of any private or public agency
or organization for conducting weather mitigation activities or cloud-
seeding operations.
(e) Conduct and Contracts for Research and Development.--The
Executive Director, with the approval of the Board, may conduct and may
contract for research and development activities relating to the
purpose described in section 2.
SEC. 7. COOPERATION WITH THE WEATHER MITIGATION OPERATIONS AND RESEARCH
BOARD.
The heads of the departments and agencies of the United States and
the heads of any other public or private agencies and institutions that
receive research funds from the United States shall, to the extent
possible, give full support and cooperation to the Board and to
initiate independent research and development programs that address
weather mitigations.
SEC. 8. FUNDING.
(a) In General.--There is established within the Treasury of the
United States the Weather Mitigation Research and Development Fund,
which shall consist of amounts appropriated pursuant to subsection (b)
or received by the Board under subsection (c).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Board for the purposes of carrying out this Act
$10,000,000 for each of fiscal years 2006 through 2015. Any sums
appropriated under this subsection shall remain available, without
fiscal year limitation, until expended.
(c) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property. | Weather Mitigation Research and Technology Transfer Authorization Act of 2007 - Establishes in the Department of Commerce the Weather Mitigation Advisory and Research Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather mitigation operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather mitigation, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects).
Establishes within the U.S. Treasury the Weather Mitigation Research and Development Fund. Directs the Board, unless the use of the money is restricted or subject to any limitations provided by law, to use amounts in the Fund to: (1) pay its expenses in the administration of this Act; and (2) provide for R&D with respect to weather mitigations by grants to, or contracts or cooperative arrangements with, public or private agencies. | {"src": "billsum_train", "title": "To establish the Weather Mitigation Operations and Research Board, and for other purposes."} | 1,459 | 217 | 0.596127 | 1.800747 | 0.787351 | 6.335106 | 7.095745 | 0.962766 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Against Imitations and
Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of
Dairy Everyday Act'' or the ``DAIRY PRIDE Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Dairy products are an important part of a healthy diet
for both children and adults, according to the 2015-2020
Dietary Guidelines for Americans (referred to in this section
as the ``Dietary Guidelines'') published by the Department of
Health and Human Services and the Department of Agriculture.
The Dietary Guidelines state that most Americans are not
meeting recommended intake for the dairy food group.
Consumption of dairy foods provides numerous health benefits,
including lowering the risk of diabetes, metabolic syndrome,
cardiovascular disease, and obesity.
(2) The Dietary Guidelines state that dairy foods are
excellent sources of critical nutrients for human health,
including vitamin D, calcium, and potassium, all of which are
under consumed by people of the United States. When consumed in
the amounts recommended by the Food Patterns of the Department
of Agriculture, on average across the calorie levels, dairy
foods contribute about 67 percent of calcium, 64 percent of
vitamin D, and 17 percent of magnesium.
(3) About 30 percent of adolescent boys meet or exceed the
recommended 3-cup equivalents per day, but less than 10 percent
of adolescent females meet or exceed this recommendation. An
age-related decline in dairy intake appears to begin in
adolescence and intakes persist at very low levels among adult
females across the age distribution. Less than 5 percent of
adult females consume the recommended 3-cup equivalents per
day. Overall, more than 80 percent of the entire population of
the United States does not meet the daily dairy intake
recommendation.
(4) The Dietary Guidelines state that vitamin D and
potassium amounts vary across plant-based milk alternatives.
The amount of calcium per calorie is lower for most plant-based
alternative milk products. To obtain the amount of calcium
contained in one cup of non-fat fluid milk from a plant-based
milk alternative, the portion size and calorie intake must be
greater.
(5) Imitation dairy products, such as plant-based products
derived from rice, nuts, soybeans, hemp, coconut, algae, and
other foods that imitate milk, yogurt, and cheese, often do not
provide the same nutrition content as real milk, cheese, and
yogurt derived from dairy cows.
(6) Plant-based products labeled as milk are misleading to
consumers.
(7) The Food and Drug Administration has regulations that
define milk and cream as the ``lacteal secretion, practically
free from colostrum, obtained by the complete milking of one or
more healthy cows'' (section 131.110 of title 21, Code of
Federal Regulations). This definition further applies to milk
used to create other dairy products, including yogurt and
cheese, as specified in sections 131 and 133 of title 21, Code
of Federal Regulations.
(8) Given the proliferation of plant-based products in the
marketplace that are mislabeled as milk despite the standard of
identity defined for this substance, enforcement by the Food
and Drug Administration against these practices should be
improved to avoid misleading consumers.
SEC. 3. PURPOSE.
No food may be introduced or delivered for introduction into
interstate commerce using a market name for a dairy product if the food
does not meet the criterion set forth for dairy products under
paragraph (z)(2) of section 403 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 343) (as added by section 4(a)).
SEC. 4. ENFORCEMENT OF DEFINITION.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z)(1) If it uses a market name for a dairy product described in
subparagraph (3) and the food does not meet the criterion for being a
dairy product, as described in subparagraph (2).
``(2) For purposes of this paragraph, a food is a dairy product
only if the food is, contains as a primary ingredient, or is derived
from, the lacteal secretion, practically free from colostrum, obtained
by the complete milking of one or more hooved mammals.
``(3) A market name for a dairy product described in this
subparagraph means the dairy product terms described in parts 131 and
133 of subchapter B of chapter I of title 21, Code of Federal
Regulations, and sections 135.110, 135.115, and 135.140 of title 21,
Code of Federal Regulations (or any successor regulations), or any
other term for which the Secretary has promulgated a standard of
identity with respect to a food that is formulated with a dairy product
(as described in subparagraph (2)) as the primary ingredient.''.
(b) Guidance.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall--
(1) not later than 90 days after the date of enactment of
this Act, issue draft guidance on how enforcement of the
amendment made by subsection (a) will be carried out; and
(2) not later than 180 days after the date of enactment of
this Act, issue final guidance on such enforcement.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, shall report to
Congress on enforcement actions taken under paragraph (z) of section
403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as
amended by this Act, including warnings issued pursuant to such
paragraph and penalties assessed under section 303 of such Act (21
U.S.C. 333) with respect to such paragraph. If food that is misbranded
under section 403(z) is offered for sale in interstate commerce at the
time of such report, the Commissioner of Food and Drugs shall include
in such report an updated plan for enforcement with respect to such
food. | Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act or the DAIRY PRIDE Act This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of any food that uses the market name of a dairy product, is not the milk of a hooved animal, is not derived from such milk, and does not contain such milk as a primary ingredient. | {"src": "billsum_train", "title": "Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act"} | 1,375 | 105 | 0.495192 | 1.350937 | -0.356411 | 4.518519 | 15.716049 | 0.938272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulation of Mortgage Servicing Act
of 2011''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Alternative to foreclosure.--The term ``alternative to
foreclosure''--
(A) means a course of action with respect to a
mortgage offered by a servicer to a borrower as an
alternative to a covered foreclosure action; and
(B) includes a short sale and a deed in lieu of
foreclosure.
(2) Borrower.--The term ``borrower'' means a mortgagor
under a mortgage who is in default or at risk of imminent
default, as determined by the Director, by rule.
(3) Covered foreclosure action.--The term ``covered
foreclosure action'' means a judicial or nonjudicial
foreclosure.
(4) Director.--The term ``Director'' means the Director of
the Bureau of Consumer Financial Protection.
(5) Independent reviewer.--The term ``independent
reviewer''--
(A) means an entity that has the expertise and
capacity to determine whether a borrower is eligible to
participate in a loan modification program; and
(B) includes--
(i) an entity that is not a servicer; and
(ii) a division within a servicer that is
independent of, and not under the same
immediate supervision as, any division that
makes determinations with respect to
applications for loan modifications or
alternatives to foreclosure.
(6) Loan modification program.--The term ``loan
modification program''--
(A) means a program or procedure designed to change
the terms of a mortgage in the case of the default,
delinquency, or imminent default or delinquency of a
mortgagor; and
(B) includes--
(i) a loan modification program established
by the Federal Government, including the Home
Affordable Modification Program of the
Department of the Treasury; and
(ii) a loan modification program
established by a servicer.
(7) Mortgage.--The term ``mortgage'' means a federally
related mortgage loan, as defined in section 3 of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602), that
is secured by a first or subordinate lien on residential real
property.
(8) Servicer.--The term ``servicer''--
(A) has the same meaning as in section 6(i) of the
Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2605(i)); and
(B) includes a person responsible for servicing a
pool of mortgages.
SEC. 3. SINGLE POINT OF CONTACT.
(a) Case Manager Required.--A servicer shall assign 1 case manager
to each borrower that seeks a loan modification or an alternative to
foreclosure.
(b) Duties of Case Manager.--The case manager assigned under
subsection (a) shall be an individual who--
(1) manages the communications between the servicer and the
borrower;
(2) has the authority to make decisions about the
eligibility of the borrower for a loan modification or an
alternative to foreclosure;
(3) is available to communicate with the borrower by
telephone and email during business hours; and
(4) remains assigned to the borrower until the earliest
of--
(A) the date on which the borrower accepts a loan
modification or an alternative to foreclosure;
(B) the date on which the servicer forecloses on
the mortgage of the borrower; and
(C) the date on which a release of the mortgage of
the borrower is recorded in the appropriate land
records office, as determined by the Director, by rule.
(c) Assistance for Case Managers.--A servicer may assign an
employee to assist a case manager assigned under subsection (a), if the
case manager remains available to communicate with the borrower by
telephone and email.
SEC. 4. DETERMINATION OF ELIGIBILITY FOR LOAN MODIFICATION PROGRAM OR
ALTERNATIVE TO FORECLOSURE REQUIRED BEFORE FORECLOSURE.
(a) Initiation of Covered Foreclosure Actions.--A servicer may not
initiate a covered foreclosure action against a borrower unless the
servicer has--
(1) completed a full review of the file of the borrower to
determine whether the borrower is eligible for a loan
modification or an alternative to foreclosure;
(2) made a reasonable effort to obtain the information
necessary to determine whether the borrower is eligible for a
loan modification or an alternative to foreclosure, as
described in subsection (c); and
(3) offered the borrower a loan modification or an
alternative to foreclosure, if the borrower is eligible for the
loan modification or alternative to foreclosure.
(b) Suspension of Covered Foreclosure Actions.--
(1) In general.--A servicer shall suspend a covered
foreclosure action that was initiated before the date of
enactment of this Act until the servicer--
(A) completes a full review of the file of the
borrower to determine whether the borrower is eligible
for a loan modification or an alternative to
foreclosure;
(B) notifies the borrower of the determination
under subparagraph (A); and
(C) offers the borrower a loan modification or an
alternative to foreclosure, if the borrower is eligible
for a loan modification or an alternative to
foreclosure.
(2) Suspension.--During the period of the suspension under
paragraph (1), a servicer may not--
(A) send a notice of foreclosure to a borrower;
(B) conduct or schedule a sale of the real property
securing the mortgage of the borrower; or
(C) cause final judgment to be entered against the
borrower.
(3) Reasonable efforts.--A servicer is not required to
suspend a covered foreclosure action under paragraph (1) if the
servicer--
(A) makes a reasonable effort to obtain information
necessary to determine whether the borrower is eligible
for a loan modification or an alternative to
foreclosure, as described in subsection (c); and
(B) documents that the servicer has not received
information necessary to determine whether the borrower
is eligible for a loan modification or an alternative
to foreclosure before the end of the applicable period
under subsection (c).
(4) Rule of construction.--Nothing in this section may be
construed to require a servicer to delay an unavoidable
foreclosure, such as foreclosure that results from a borrower
abandoning the residential real property securing a mortgage.
(c) Reasonable Effort To Obtain Necessary Information.--A servicer
shall be deemed to have made a reasonable effort to obtain information
necessary to determine whether the borrower is eligible for a loan
modification or an alternative to foreclosure if--
(1) during the 30-day period beginning on the date of
delinquency of the borrower, the servicer attempts to establish
contact with the borrower by--
(A) making not fewer than 4 telephone calls to the
telephone number on record for the borrower, at
different times of the day; and
(B) sending not fewer than 2 written notices to the
borrower at the address on record for the borrower, at
least 1 of which shall be delivered by certified mail,
requesting that the borrower contact the servicer;
(2) in the case that the borrower responds in writing or by
telephone to an attempt to establish contact under paragraph
(1), the servicer--
(A) notifies the borrower, in writing, that the
servicer lacks information necessary to determine
whether the borrower is eligible for a loan
modification or an alternative to foreclosure; and
(B) sends the borrower a written request that the
borrower transmit to the servicer all information
necessary to determine whether the borrower is eligible
for a loan modification or an alternative to
foreclosure, not later than 30 days after the date on
which the servicer sends the request;
(3) in the case that the servicer does not receive from the
borrower all information requested under paragraph (2)(B) on or
before the date that is 30 days after the date on which the
servicer sends the notice under paragraph (2), the servicer
sends the borrower a written request that the borrower transmit
to the servicer all information necessary to determine whether
the borrower is eligible for a loan modification or an
alternative to foreclosure, not later than 15 days after the
date on which the servicer sends the request; and
(4) in the case that the servicer does not receive from the
borrower all information requested under paragraph (3) on or
before the date that is 15 days after the date on which the
servicer sends the request under paragraph (3), the servicer
notifies the borrower that the servicer intends to initiate or
continue a covered foreclosure action.
SEC. 5. THIRD PARTY REVIEW.
Before a servicer notifies a borrower that the borrower is not
eligible for a loan modification or an alternative to foreclosure, the
servicer shall obtain the services of an independent reviewer to--
(1) review the file of the borrower; and
(2) determine whether the borrower is eligible for a loan
modification or an alternative to foreclosure.
SEC. 6. BAR TO FORECLOSURE ACTIONS.
(a) In General.--Subject to subsection (b), a violation of this Act
shall be a bar to a covered foreclosure action.
(b) Effect of Subsequent Compliance.--If a servicer is in
compliance with this Act, the servicer may bring or proceed with a
covered foreclosure action, without regard to a prior violation of this
Act by the servicer.
SEC. 7. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Director, in consultation with the Secretary of Housing and Urban
Development and the Secretary of the Treasury, shall issue regulations
to carry out this Act.
SEC. 8. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Director shall submit to Congress a report that contains--
(1) an evaluation of the effect of this Act on--
(A) State law; and
(B) communication between servicers and borrowers;
and
(2) a description of any problems concerning the
implementation of this Act. | Regulation of Mortgage Servicing Act of 2011 - Requires a mortgage servicer to assign one case manager to each borrower that seeks a mortgage loan modification or an alternative to foreclosure.
Requires the case manager to: (1) manage the communication between the servicer and the borrower, and (2) make decisions about the borrower's eligibility for a loan modification or an alternative to foreclosure.
Prohibits a servicer from initiating a foreclosure action against a borrower unless the servicer has performed specified tasks related to offering the borrower, if eligible, a loan modification or an alternative to foreclosure.
Requires a servicer to suspend a foreclosure action initiated before the enactment of this Act until such tasks have been performed.
Prohibits a servicer, during the suspension period, from: (1) sending the borrower a notice of foreclosure, (2) conducting or scheduling a sale of the real property securing the mortgage, or (3) causing final judgment to be entered against the borrower.
Prescribes requirements a servicer must meet in order to be deemed to have made a reasonable effort to obtain necessary information to determine a borrower's eligibility for a loan modification or an alternative to foreclosure.
Requires a servicer, before notifying a borrower of his or her ineligibility for a loan modification or an alternative to foreclosure, to obtain the services of an independent reviewer to review the borrower's file and determine whether or not the borrower is eligible.
Makes a violation of this Act a bar to a foreclosure action. Allows a servicer in compliance with this Act, however, to bring or proceed with a foreclosure action, regardless of any prior violation. | {"src": "billsum_train", "title": "A bill to establish clear regulatory standards for mortgage servicers, and for other purposes."} | 2,281 | 384 | 0.638629 | 2.042168 | 0.720533 | 3.557692 | 6.525641 | 0.891026 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Bear Arms Protection and
Privacy Act of 2000''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, under the Second Amendment to
the United States Constitution, to keep and bear arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of nondefective firearms,
which seek money damages and other relief for the harm caused
by the misuse of firearms by third parties, including
criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States is heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
marketing, distribution, manufacture, importation, or sale to
the public of firearms or ammunition that have been shipped or
transported in interstate or foreign commerce are not, and
should not be, liable or otherwise legally responsible for the
harm caused by those who criminally or unlawfully misuse
firearm products or ammunition products.
(5) The possibility of imposing liability or other legal
restrictions on an entire industry as a result of harm that is
the sole responsibility of others is an abuse of the legal
system, erodes public confidence in our Nation's laws,
threatens the diminution of a basic constitutional right,
invites the disassembly and destabilization of other industries
and economic sectors lawfully competing in America's free
enterprise system, and constitutes an unreasonable burden on
interstate and foreign commerce.
(6) The liability and equitable actions commenced or
contemplated by municipalities, cities, and other entities are
based on theories without foundation in hundreds of years of
the common law and American jurisprudence. The possible
sustaining of these actions by a maverick judicial officer
would expand civil liability in a manner never contemplated by
the Framers of the Constitution. The Congress further finds
that such an expansion of liability would constitute a
deprivation of the rights, privileges, and immunities
guaranteed to a citizen of the United States under the
Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against law-abiding
manufacturers, distributors, dealers, and importers of firearms
or ammunition products for the harm caused by the criminal or
unlawful misuse of firearm products or ammunition products by
others.
(2) To preserve a citizen's constitutional access to a
supply of firearms and ammunition for all lawful purposes,
including hunting, self-defense, collecting, and competitive or
recreational shooting.
(3) To protect a citizen's right to privacy concerning the
lawful purchase and ownership of firearms.
(4) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section five of that Amendment.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL ACTIONS IN FEDERAL
OR STATE COURT.
(a) In General.--A qualified civil action may not be brought in any
Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil action that is
pending on the date of the enactment of this Act shall be dismissed
immediately by the court in which the action was brought.
SEC. 4. DEFINITIONS.
In this Act:
(1) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product--
(A) a person who is lawfully engaged in a business
to import, make, produce, create, or assemble a
qualified product, and who designs or formulates, or
has engaged another person to design or formulate, a
qualified product;
(B) a lawful seller of a qualified product, but
only with respect to an aspect of the product that is
made or affected when the seller makes, produces,
creates, or assembles and designs or formulates an
aspect of the product made by another person; and
(C) any lawful seller of a qualified product who
represents to a user of a qualified product that the
seller is a manufacturer of the qualified product.
(2) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(3) Qualified product.--The term ``qualified product''
means a firearm (as defined in section 921(a)(3) of title 18,
United States Code) or ammunition (as defined in section
921(a)(17) of such title), or a component part of a firearm or
ammunition, that has been shipped or transported in interstate
or foreign commerce.
(4) Qualified civil action.--The term ``qualified civil
action'' means a civil or equitable action brought by any
person against a lawful manufacturer or lawful seller of a
qualified product, or a trade association, for damages or other
relief as a result of the criminal or unlawful misuse of a
qualified product by the person or a third party, but shall not
include an action brought against a manufacturer, seller, or
transferor who knowingly manufactures, sells, or transfers a
qualified product with knowledge that such product will be used
to commit a crime under Federal or State law.
(5) Seller.--The term ``seller'' means, with respect to a
qualified product, a person who--
(A) in the course of a lawful business conducted
for that purpose, lawfully sells, distributes, rents,
leases, prepares, blends, packages, labels, or
otherwise is involved in placing a qualified product in
the stream of commerce; or
(B) lawfully installs, repairs, refurbishes,
reconditions, or maintains an aspect of a qualified
product that is alleged to have resulted in damages.
(6) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(7) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) 2 or more members of
which are manufacturers or sellers of a qualified product.
SEC. 5. PROHIBITION OF BACKGROUND CHECK FEE; GUN OWNER PRIVACY.
(a) Prohibition of Background Check Fee.--
(1) In general.--Chapter 33 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 540C. Prohibition of fee for background check in connection with
firearm transfer
``No officer, employee, or agent of the United States, including a
State or local officer or employee acting on behalf of the United
States, may charge or collect any fee in connection with any background
check required in connection with the transfer of a firearm (as defined
in section 921(a) of title 18).''.
(2) Conforming amendment.--The analysis for chapter 33 of
title 28, United States Code, is amended by inserting after the
item relating to section 540B the following:
``540C. Prohibition of fee for background check in connection with
firearm transfer.''.
(b) Protection of Gun Owner Privacy and Ownership Rights.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Gun owner privacy and ownership rights
``(a) In General.--Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States or officer,
employee, or agent of the United States, including a State or local
officer or employee acting on behalf of the United States--
``(1) shall perform any criminal background check through
the National Instant Criminal Background Check System (referred
to in this section as the `system') on any person if the system
does not require and result in the immediate destruction of all
information, in any form whatsoever or through any medium,
about any such person that is determined, through the use of
the system, not to be prohibited by subsection (g) or (n) of
section 922, or by State law, from receiving a firearm; or
``(2) shall continue to operate the system (including
requiring a background check before the transfer of a firearm)
unless--
``(A) the NICS Index complies with the requirements
of section 552a(e)(5) of title 5, United States Code;
and
``(B) the agency responsible for the system and the
system's compliance with Federal law does not invoke
the exceptions under subsection (j)(2) or paragraph (2)
or (3) of subsection (k) of section 552a of title 5,
United States Code, except if specifically identifiable
information is compiled for a particular law
enforcement investigation or specific criminal
enforcement matter.
``(b) Applicability.--Subsection (a)(1) does not apply to the
retention or transfer of information relating to--
``(1) any unique identification number provided by the
National Instant Criminal Background Check System under section
922(t)(1)(B)(i); or
``(2) the date on which that number is provided.''.
(2) Conforming amendment.--The analysis for chapter 44 of
title 18, United States Code, is amended by adding at the end
the following:
``931. Gun owner privacy and ownership rights.''.
(c) Civil Remedies.--Any person aggrieved by a violation of section
540C of title 28 or 931 of title 18, United States Code (as added by
this section), may bring an action in the United States district court
for the district in which the person resides for actual damages,
punitive damages, and such other relief as the court determines to be
appropriate, including a reasonable attorney's fee.
(d) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act except that the amendments
made by subsection (a) shall take effect as of November 30, 1998. | (Sec. 5) Amends the Federal judicial code to prohibit any officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States (U.S. agent), from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm.
Amends the Federal criminal code to prohibit any U.S. department, agency, instrumentality or agent from: (1) performing any criminal background check through the National Instant Criminal Background Check System on any person if the System does not require and result in the immediate destruction of all information about such a person who is determined not to be prohibited from receiving a firearm; or (2) continuing to operate the System (including a background check before the transfer of a firearm) unless the NICS Index complies with Federal statutory requirements and the agency responsible for the System and the System's compliance with Federal law does not invoke specified exceptions, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter.
Permits the retention or transfer of information relating to: (1) any unique identification number provided by the System; and (2) the date on which that number is provided.
Provides civil remedies for violations of this Act. | {"src": "billsum_train", "title": "Right to Bear Arms Protection and Privacy Act of 2000"} | 2,353 | 276 | 0.404785 | 1.269493 | 0.571159 | 6.059761 | 8.545817 | 0.944223 |
SECTION 1. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the Martin Luther King, Junior, Historic Site and
Preservation District is one of the most significant places in
the country dedicated to African-American history;
(2) the Martin Luther King, Junior, Historic Site and
Preservation District receives the largest number of visitors
compared to any other historic site in the State of Georgia and
is the 3rd most visited historic site in the National Park
Service in the country;
(3) the lack of a comprehensive, international context
within which to interpret African-American history and culture
impedes the ability of all Americans, particularly African-
Americans, to understand themselves and their relationship to
America's past and its future;
(4) African-American history is complex and requires the
integration of diverse experiences of African-Americans ranging
from slavery and freedom--to cultural, scientific and athletic
endeavors, through the continued struggles for full
participation in our society--to reinforce the positive self-
image of African-Americans and to develop pride in their past
and hope for their future;
(5) the expansion of a national museum on African-American
history and culture, which will include a wide array of
collections from an eclectic group of African-Americans, will
help all Americans, and those who visit our country from
abroad, better understand and appreciate the significant
contributions made by African-Americans to American as well as
world history;
(6) the African-American Panoramic Experience Museum is
located in Atlanta, Georgia, at the gateway to and part of the
Martin Luther King, Junior, Historic Site and Preservation
District. The APEX houses its own African-American Collection
and is the site of exhibitions on African-American art and
culture;
(7) the Atlanta Fulton County African American Research
Library, under construction adjacent to The APEX, is designated
by Fulton County to serve as the primary location in the
Atlanta region for conducting research related to African-
American studies and for fostering academic research
initiatives on African-American history and culture.
SEC. 2. REHABILITATION AND EXPANSION OF THE APEX (AFRICAN AMERICAN
PANORAMIC EXPERIENCE) CENTER.
(a) Rehabilitation.--The Secretary is authorized to make a grant to
the Collections of Life and Heritage, Inc., a nonprofit corporation of
The APEX, to rehabilitate their present facility, The APEX, in order to
``complement and enhance the District (the Martin Luther King, Junior,
Historic Site and Preservation District) and the purposes for which the
District is established (Public Law 96-428; 94 Stat. 1842; Sec.
4(c)(3)). The APEX is located in Atlanta, Georgia, at 135 Auburn
Avenue, N.E., the gateway to the Martin Luther King, Junior, Historic
Site and Preservation District.
(b) Expansion.--To enhance the presentation and preservation of the
significant contributions of African-Americans to the history and
culture of America, the Secretary shall make a grant to the Collections
of Life and Heritage, Inc., a nonprofit corporation of The Apex, to
expand their present facility.
(c) Requirements for Grant.--A grant may not be made under
subsection (a) unless an application is made to the Secretary at such
time and in such manner as the Secretary may require. The application
shall include provisions designed to ensure that--
(1) the first floor of the expanded facility (The APEX II)
can serve as a visitors center for the Martin Luther King,
Junior, Historic Site and Preservation District and the
surrounding National Park Service parks, to provide an
orientation to the sites, activities, and services created to
enhance their educational experience; and
(2) the facility will serve as an international center to
showcase the historical, intellectual, cultural, artistic,
scientific, and athletic achievements of African-Americans
through galleries, exhibitions, multivideo presentations and an
archive collection filled with artifacts and memorabilia that
reflect African and African-American life.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``APEX'' means the African American Panoramic
Experience Museum located in Atlanta, Georgia;
(2) the term ``Center'' means The African American
Panoramic Experience (APEX) Center; and
(3) the term ``Secretary'' means the Secretary of the
Interior.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are authorized to be appropriated $12,500,000 to
the Secretary for fiscal year 1994 to rehabilitate and expand The APEX.
(b) Availability of Funds.--Funds appropriated pursuant to the
authority of subsection (a) shall remain available until expended. | Authorizes the Secretary of the Interior to make grants to the Collections of Life and Heritage, Inc., a nonprofit corporation of the African-American Panoramic Experience Museum in Atlanta, Georgia, to rehabilitate and expand their present facility.
Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the rehabilitation and expansion of The African American Panoramic Experience Center within the Martin Luther King, Junior, Historic Site and Preservation District."} | 1,031 | 62 | 0.511325 | 1.369937 | 1.040829 | 5.787234 | 20.319149 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Line Item Veto Act of
1995''.
SEC. 2. ENHANCEMENT OF SPENDING CONTROL BY THE PRESIDENT.
The Impoundment Control Act of 1974 is amended by adding at the end
thereof the following new title:
``TITLE XI--LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY
``Part A--Legislative Line Item Veto Rescission Authority
``grant of authority and conditions
``Sec. 1101. (a) In General.--Notwithstanding the provisions of
part B of title X and subject to the provisions of part B of this
title, the President may rescind all or part of any budget authority,
if the President--
``(1) determines that--
``(A) such rescission would help balance the
Federal budget, reduce the Federal budget deficit, or
reduce the public debt;
``(B) such rescission will not impair any essential
Government functions; and
``(C) such rescission will not harm the national
interest; and
``(2)(A) notifies the Congress of such rescission by a
special message not later than 20 calendar days (not including
Saturdays, Sundays, or holidays) after the date of enactment of
a regular or supplemental appropriations Act or a joint
resolution making continuing appropriations providing such
budget authority; or
``(B) notifies the Congress of such rescission by special
message accompanying the submission of the President's budget
to Congress and such rescissions have not been proposed
previously for that fiscal year.
The President shall submit a separate rescission message for each
appropriations bill under paragraph (2)(A).
``(b) Rescission Effective Unless Disapproved.--(1)(A) Any amount
of budget authority rescinded under this title as set forth in a
special message by the President shall be deemed canceled unless during
the period described in subparagraph (B), a rescission disapproval bill
making available all of the amount rescinded is enacted into law.
``(B) The period referred to in subparagraph (A) is--
``(i) a Congressional review period of 20 calendar days of
session under part B, during which Congress must complete
action on the rescission disapproval bill and present such bill
to the President for approval or disapproval;
``(ii) after the period provided in clause (i), an
additional 10 days (not including Sundays) during which the
President may exercise his authority to sign or veto the
rescission disapproval bill; and
``(iii) if the President vetoes the rescission disapproval
bill during the period provided in clause (ii), an additional 5
calendar days of session after the date of the veto.
``(2) If a special message is transmitted by the President under
this section during any Congress and the last session of such Congress
adjourns sine die before the expiration of the period described in
paragraph (1)(B), the rescission shall not take effect. The message
shall be deemed to have been retransmitted on the first day of the
succeeding Congress and the review period referred to in paragraph
(1)(B) (with respect to such message) shall run beginning after such
first day.
``definitions
``Sec. 1102. For purposes of this title the term `rescission
disapproval bill' means a bill or joint resolution which only
disapproves a rescission of budget authority, in whole, rescinded in a
special message transmitted by the President under section 1101.
``Part B--Congressional Consideration of Legislative Line Item Veto
Rescissions
``presidential special message
``Sec. 1111. Whenever the President rescinds any budget authority
as provided in section 1101, the President shall transmit to both
Houses of Congress a special message specifying--
``(1) the amount of budget authority rescinded;
``(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental functions
involved;
``(3) the reasons and justifications for the determination
to rescind budget authority pursuant to section 1101(a)(1);
``(4) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the rescission; and
``(5) all facts, circumstances, and considerations relating
to or bearing upon the rescission and the decision to effect
the rescission, and to the maximum extent practicable, the
estimated effect of the rescission upon the objects, purposes,
and programs for which the budget authority is provided.
``transmission of messages; publication
``Sec. 1112. (a) Delivery to House and Senate.--Each special
message transmitted under sections 1101 and 1111 shall be transmitted
to the House of Representatives and the Senate on the same day, and
shall be delivered to the Clerk of the House of Representatives if the
House is not in session, and to the Secretary of the Senate if the
Senate is not in session. Each special message so transmitted shall be
referred to the appropriate committees of the House of Representatives
and the Senate. Each such message shall be printed as a document of
each House.
``(b) Printing in Federal Register.--Any special message
transmitted under sections 1101 and 1111 shall be printed in the first
issue of the Federal Register published after such transmittal.
``procedure in senate
``Sec. 1113. (a) Referral.--(1) Any rescission disapproval bill
introduced with respect to a special message shall be referred to the
appropriate committees of the House of Representatives or the Senate,
as the case may be.
``(2) Any rescission disapproval bill received in the Senate from
the House shall be considered in the Senate pursuant to the provisions
of this section.
``(b) Floor Consideration in the Senate.--
``(1) Debate in the Senate on any rescission disapproval
bill and debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours. The time shall be
equally divided between, and controlled by, the majority leader
and the minority leader or their designees.
``(2) Debate in the Senate on any debatable motion or
appeal in connection with such a bill shall be limited to 1
hour, to be equally divided between, and controlled by, the
mover and the manager of the bill, except that in the event the
manager of the bill is in favor of any such motion or appeal,
the time in opposition thereto shall be controlled by the
minority leader or his designee. Such leaders, or either of
them, may, from the time under their control on the passage of
the bill, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
``(3) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of days,
not to exceed 1, not counting any day on which the Senate is
not in session) is not in order.
``(c) Point of Order.--(1) It shall not be in order in the Senate
or the House of Representatives to consider any rescission disapproval
bill that relates to any matter other than the rescission of budget
authority transmitted by the President under section 1101.
``(2) It shall not be in order in the Senate or the House of
Representatives to consider any amendment to a rescission disapproval
bill.
``(3) Paragraphs (1) and (2) may be waived or suspended in the
Senate only by a vote of three-fifths of the members duly chosen and
sworn.''. | Legislative Line Item Veto Act of 1995 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority.
Authorizes the President to rescind all or part of any budget authority, if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest.
Makes such a rescission effective unless the Congress, during a review period, enacts a rescission disapproval bill. | {"src": "billsum_train", "title": "Legislative Line Item Veto Act of 1995"} | 1,839 | 156 | 0.693825 | 1.671674 | 0.759082 | 4.136752 | 13.418803 | 0.957265 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Americans Helping Americans Tax
Credit Act of 2005''.
SEC. 2. KATRINA INVESTMENT TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits) is amended by adding at the end
the following new section:
``SEC. 45N. KATRINA INVESTMENT TAX CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of a
recovery area company, the Katrina investment tax credit determined
under this section for the taxable year is an amount equal to 25
percent of the amount of the qualified equity investments made by the
recovery area company during the taxable year.
``(b) Qualified Equity Investment.--For purposes of this section--
``(1) In general.--The term `qualified equity investment'
means--
``(A) the transfer of cash, cash equivalents, or
other property in exchange for stock or capital
interest in a recovery area company, and
``(B) the cost of any qualified property acquired
by a recovery area company to be used in its trade or
business.
``(2) Recovery area company.--The term `recovery area
company' means a domestic corporation or partnership--
``(A) the principal place of business of which is
physically located in an area determined by the
President before October 15, 2005, to warrant
individual or individual and public assistance from the
Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act by reason
of Hurricane Katrina,
``(B) at least 50 percent of the gross income of
which is derived from the conduct of business in such
area or the coastal waters adjacent thereto,
``(C) a substantial portion of the use of the
tangible personal property of such entity (whether
owned or leased) is within such area or the coastal
waters adjacent thereto, and
``(D) a substantial portion of the services
performed by such entity or by its employees are
performed in such area or in the coastal waters
adjacent thereto.
``(3) Qualified property.--The term `qualified property'
means section 1245 property (as defined in section 1245(a)(3)).
``(c) Recapture of Credit.--
``(1) In general.--If, at any time during the 5-year period
beginning on the date on which a qualified equity investment in
a recovery area company is made, there is a recapture event
with respect to such investment, then the tax imposed by this
chapter for the taxable year in which such event occurs shall
be increased by the credit recapture amount.
``(2) Credit recapture amount.--For purposes of paragraph
(1), the credit recapture amount is an amount equal to the
applicable percentage of an amount equal to the sum of--
``(A) the aggregate decrease in the credits allowed
to the taxpayer under section 38 for all prior taxable
years which would have resulted if no credit had been
determined under this section with respect to such
investment, plus
``(B) interest at the underpayment rate established
under section 6621 on the amount determined under
subparagraph (A) for each prior taxable year for the
period beginning on the due date for filing the return
for the prior taxable year involved.
No deduction shall be allowed under this chapter for interest
described in subparagraph (B).
``(3) Applicable percentage.--For purposes of paragraph
(2), the applicable percentage is--
``(A) in the case of a recapture event that occurs
within 1 year after the date that the qualified equity
investment is made, 100 percent,
``(B) in the case of a recapture event that occurs
within 2 years after such date, 80 percent,
``(C) in the case of a recapture event that occurs
within 3 years after such date, 60 percent,
``(D) in the case of a recapture event that occurs
within 4 years after such date, 40 percent, and
``(E) in the case of a recapture event that occurs
within 5 years after such date, 20 percent.
``(4) Recapture event.--For purposes of this subsection,
there is a recapture event with respect to a qualified equity
investment if--
``(A) the recovery area company that made such
investment ceases to be a recovery area company,
``(B) the qualified equity investment is redeemed
by the recovery area company that made such investment,
or
``(C) the qualified property acquired by a recovery
area company ceases to be used by the recovery area
company in its trade or business or such property is
sold or otherwise disposed of by the recovery area
company.
``(d) Credit May Be Transferred.--
``(1) In general.--Nothing in any law or rule of law shall
be construed to limit the transferability of the credit allowed
by this section through sale or repurchase agreements.
``(2) Transferred credit excluded from gross income.--The
amount of a credit that is transferred through sale or
repurchase agreements pursuant to this section shall not be
included in gross income by the taxpayer to whom the credit is
transferred.
``(e) Termination.--This section shall not apply to qualified
equity investments made after December 31, 2007.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``and'' at the end of
paragraph (25), by striking the period at the end of paragraph (26) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(27) the Katrina investment tax credit determined under
section 45N(a).''.
(c) 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. 45N. Katrina investment tax credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to qualified equity investments made after September 1, 2005, in
taxable years ending after such date. | Americans Helping Americans Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow until 2008 a tax credit for investment in businesses located in the Hurricane Katrina disaster area. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified equity investments in companies affected by Hurricane Katrina."} | 1,388 | 42 | 0.531639 | 1.238881 | 0.325182 | 1.757576 | 39.090909 | 0.787879 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Exploitation Through
Trafficking Act of 2013''.
SEC. 2. NATIONAL SAFE HARBOR LAW.
(a) Definitions.--In this section--
(1) the term ``commercial sex act'' shall have the meaning
given the term in section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102);
(2) the term ``minor'' means an individual who has not
attained the age of 18 years;
(3) the term ``severe form of trafficking in persons''
shall have the meaning given the term in section 103 of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102); and
(4) the term ``State'' shall have the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791).
(b) Enactment of Safe Harbor Law.--On or after the date that is 3
years after the date of enactment of this Act, each State shall have in
effect legislation that--
(1) treats a minor who has engaged in, or has attempted to
engage in, a commercial sex act as a victim of a severe form of
trafficking in persons;
(2) discourages the charging or prosecution of an
individual described in paragraph (1) for a prostitution or sex
trafficking offense, based on the conduct described in
paragraph (1); and
(3) encourages the diversion of an individual described in
paragraph (1) to child protection services.
(c) Eligibility for Byrne Justice Assistance Grant Funds.--
(1) In general.--If a State fails to comply with subsection
(b), the Attorney General may withhold--
(A) during the 2 fiscal years beginning after the
3-year period subsequent to the date of enactment of
this Act, 3 percent of the amount that would otherwise
be allocated to the State under section 505 of title I
of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3755);
(B) during the fiscal year subsequent to the
expiration of the period referred to in subparagraph
(A), 4 percent of the amount that would otherwise be
allocated to the State under section 505 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755); and
(C) during any fiscal year subsequent to the
expiration of the period referred to in subparagraph
(B), 5 percent of the amount that would otherwise be
allocated to the State under section 505 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755).
(2) Reallocation.--Any funds under section 505 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) that are not allocated to a State because of the
failure of the State to comply with subsection (b) shall be
reallocated to States that comply with subsection (b).
SEC. 3. CIVIL REMEDIES.
Section 1595(a) of title 18, United States Code, is amended by
inserting ``treble'' before ``damages''.
SEC. 4. RESTITUTION.
(a) Establishment of Process for Data Collection.--Not later than
180 days after the date of enactment of this Act, the Attorney General
shall establish a process to collect and analyze data relating to the
issuance and enforcement of mandatory restitution orders under section
1593 of title 18, United States Code.
(b) Requirements.--The process required to be established under
subsection (a) shall--
(1) ensure that data is collected for each offense charged
under chapter 77 of title 18, United States Code; and
(2) allow for the tracking of enforcement of each
restitution order under section 1593 of title 18, United States
Code.
(c) Annual Report.--Section 105(d)(7) of the Victims Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (Q)(v), by striking ``and'' at the end;
(2) in subparagraph (R), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(S) for the first report submitted under this
paragraph on or after January 1, 2015, and each report
thereafter, the data collected under section 4 of the
Stop Exploitation Through Trafficking Act of 2013;''.
SEC. 5. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(2) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) National human trafficking hotline.--
Beginning in fiscal year 2017 and each fiscal year
thereafter, of amounts made available for grants under
this paragraph, the Secretary of Health and Human
Services shall make grants for a national communication
system to assist victims of severe forms of trafficking
in persons in communicating with service providers. The
Secretary shall give priority to grant applicants that
have experience in providing telephone services to
victims of severe forms of trafficking in persons.''.
SEC. 6. JOB CORPS ELIGIBILITY.
Section 144(3) of the Workforce Investment Act of 1998 (29 U.S.C.
2884(3)) is amended by adding at the end the following:
``(F) A victim of a severe form of trafficking in
persons (as defined in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102)). Notwithstanding paragraph (2), an
individual described in this subparagraph shall not be
required to demonstrate eligibility under such
paragraph.''.
SEC. 7. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN TRAFFICKING.
(a) In General.--The Attorney General shall implement and maintain
a National Strategy for Combating Human Trafficking (referred to in
this section as the ``National Strategy'') in accordance with this
section.
(b) Required Contents of National Strategy.--The National Strategy
shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to
investigate and prosecute human trafficking cases, including--
(A) the partnership by each United States attorney
with other Federal, State, local, and tribal law
enforcement partners working in the district of such
attorney to implement the National Strategy;
(B) the development by each United States attorney
of a district-specific strategic plan to coordinate the
investigation and prosecution of human trafficking
crimes;
(C) the development and implementation of
strategies to identify and rescue victims of human
trafficking;
(D) the appointment of not less than 1 assistant
United States attorney in each district dedicated to
the prosecution of human trafficking cases or
responsible for implementing the National Strategy;
(E) the participation in local training,
educational, and awareness programs of human
trafficking crimes;
(F) the participation in any Federal, State, local,
or tribal human trafficking task force operating in the
district of the United States attorney; and
(G) any other efforts intended to enhance the level
of coordination and cooperation, as is to be determined
by the Attorney General.
(2) Case coordination within the Department of Justice,
including specific integration, coordination, and
collaboration, as appropriate, on human trafficking
investigations between and among the United States attorneys,
the Human Trafficking Prosecution Unit, the Child Exploitation
and Obscenity Section, and the Federal Bureau of Investigation,
including--
(A) the regular and timely notification to the
United States attorneys, the Human Trafficking
Prosecution Unit, and the Child Exploitation and
Obscenity Section of any sex or labor trafficking
investigations opened by the Federal Bureau of
Investigation, the Department of Homeland Security, the
Department of Labor, or the Human Smuggling and
Trafficking Center under section 1581, 1583, 1584,
1589, 1590, 1591, 1592, or 1594 of title 18, United
States Code; and
(B) the reporting of the number of investigations
described in subparagraph (A) in the annual report
required under section 105(d)(7) of the Victims
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7103(d)(7)).
(3) Interagency coordination regarding the prevention,
investigation, and apprehension of individuals targeting and
exploiting adults and children for human trafficking, including
collaboration and cooperation with--
(A) the Department of Homeland Security;
(B) the Department of Labor;
(C) the Department of State;
(D) the Department of Health and Human Services;
(E) the Bureau of Indian Affairs; and
(F) other appropriate Federal agencies.
(4) Measurable objectives and long-term, quantifiable goals
that the Attorney General determines may be achieved.
(5) Annual budget priorities and Federal efforts dedicated
to preventing and combating human trafficking, including
resources dedicated to the Human Trafficking Prosecution Unit,
the Child Exploitation and Obscenity Section, the Federal
Bureau of Investigation, and all other entities that receive
Federal support that have a goal or mission to combat the
exploitation of adults and children.
(6) An ongoing assessment of the future trends, challenges,
and opportunities, including new investigative strategies,
techniques, and technologies, that will enhance Federal, State,
local, and tribal efforts to combat human trafficking.
(7) Encouragement of cooperation, coordination, and mutual
support between private sector and other entities and
organizations and Federal agencies to combat human trafficking,
including the involvement of State, local, and tribal
government agencies to the extent Federal programs are
involved.
SEC. 8. ENHANCING LAW ENFORCEMENT COORDINATION.
Section 105(d)(7) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(d)(7)), as amended by section 4,
is amended by adding at the end the following:
``(T) the number of sex and labor trafficking
investigations opened by the Federal Bureau of
Investigation, the Department of Homeland Security, the
Department of Labor, or the Human Smuggling and
Trafficking Center under section 1581, 1583, 1584,
1589, 1590, 1591, 1592, or 1594 of title 18, United
States Code, during the preceding fiscal year; and
``(U) the number of the sex and labor trafficking
investigations described in subparagraph (T) that were
reported to the United States attorneys, the Human
Trafficking Prosecution Unit in the Civil Rights
Division of the Department of Justice, and the Child
Exploitation and Obscenity Section in the Criminal
Division of the Department of Justice.''.
SEC. 9. SEX OFFENDER REGISTRY.
Section 111 of the Sex Offender Registration and Notification Act
(42 U.S.C. 16911) is amended--
(1) in paragraph (3)(A)--
(A) by striking clause (i); and
(B) by redesignating clauses (ii), (iii), and (iv)
as clauses (i), (ii), and (iii), respectively; and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) is comparable to or more severe than sex
trafficking (as described in section 1591 of title 18,
United States Code), when committed against a minor, or
an attempt or conspiracy to commit such an offense
against a minor;''.
SEC. 10. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the remainder of this Act, or an amendment made by
this Act, or the application of such provision to other persons or
circumstances, shall not be affected. | Stop Exploitation Through Trafficking Act of 2013 - Requires each state, within three years, to have in effect legislation that: (1) treats a minor who has engaged or attempted to engage in a commercial sex act as a victim of a severe form of trafficking in persons, (2) discourages the charging or prosecution of such an individual for a prostitution or sex trafficking offense, and (3) encourages the diversion of such individual to child protection services. Authorizes the Attorney General to withhold specified Edward Byrne Memorial Justice Assistance Grant Program funds from a state that fails to comply with such requirement. Increases the amount a victim of peonage, slavery, or trafficking in persons may recover in a civil action against the perpetrator to treble damages. Directs the Attorney General to establish a process to collect and analyze data relating to the issuance and enforcement of mandatory restitution orders with respect to such offenses. Amends the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) to require the Secretary of Health and Human Services (HHS) to make grants annually for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. Amends the Workforce Investment Act of 1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps. Directs the Attorney General to implement and maintain a National Strategy for Combating Human Trafficking that includes: (1) integrated federal, state, local, and tribal efforts to investigate and prosecute human trafficking cases; (2) case coordination within the Department of Justice (DOJ); and (3) interagency coordination regarding the prevention, investigation, and apprehension of individuals targeting and exploiting adults and children for human trafficking. Amends the VTVPA to require the Attorney General's annual report on agency activities under such Act to include information on: (1) data relating to the issuance and enforcement of mandatory restitution orders with respect to peonage, slavery, and trafficking in persons; and (2) the number of sex and labor trafficking investigations that were opened by the Federal Bureau of Investigation (FBI), the Department of Homeland Security (DHS), the Department of Labor, or the Human Smuggling and Trafficking Center or that were reported to the United States attorneys, the Human Trafficking Prosecution Unit in DOJ's Civil Rights Division, and the Child Exploitation and Obscenity Section in DOJ's Criminal Division. Amends the Sex Offender Registration and Notification Act to modify the definition of "tier III sex offender" to include a sex offender whose offense is: (1) punishable by imprisonment for more than one year, and (2) comparable to or more severe than sex trafficking committed against a minor or an attempt or conspiracy to commit such offense against a minor. | {"src": "billsum_train", "title": "Stop Exploitation Through Trafficking Act of 2013"} | 2,743 | 630 | 0.509639 | 1.658821 | 0.741567 | 4.596958 | 4.730038 | 0.889734 |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiethnic Placement Act of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) nearly 500,000 children are in foster care in the
United States;
(2) tens of thousands of children in foster care are
waiting for adoption;
(3) 2 years and 8 months is the median length of time that
children wait to be adopted;
(4) child welfare agencies should work to eliminate racial,
ethnic, and national origin discrimination and bias in adoption
and foster care recruitment, selection, and placement
procedures; and
(5) active, creative, and diligent efforts are needed to
recruit parents, from every race and culture, for children
needing foster care or adoptive parents.
(b) Purpose.--It is the purpose of this Act to decrease the length
of time that children wait to be adopted and to prevent discrimination
in the placement of children on the basis of race, color, or national
origin.
SEC. 3. MULTIETHNIC PLACEMENTS.
(a) Activities.--
(1) Prohibition.--An agency, or entity, that receives
Federal assistance and is involved in adoption or foster care
placements may not--
(A) categorically deny to any person the
opportunity to become an adoptive or a foster parent,
solely on the basis of the race, color, or national
origin of the adoptive or foster parent, or the child,
involved; or
(B) unduly delay or deny the placement of a child
for adoption or into foster care, or otherwise
discriminate in making a placement decision, solely on
the basis of the race, color, or national origin of the
adoptive or foster parent, or the child, involved.
(2) Permissible consideration.--An agency or entity to
which paragraph (1) applies may consider the race, color, or
national origin of a child as a factor in making a placement
decision if such factor is relevant to the best interests of
the child involved and is considered in conjunction with other
factors.
(3) Definition.--As used in this subsection, the term
``placement decision'' means the decision to place, or to delay
or deny the placement of, a child in a foster care or an
adoptive home, and includes the decision of the agency or
entity involved to seek the termination of birth parent rights
or otherwise make a child legally available for adoptive
placement.
(b) Limitation.--The Secretary of Health and Human Services shall
not provide placement and administrative funds under section 474(a)(3)
of the Social Security Act (42 U.S.C. 674(a)(3)) to an agency or entity
described in subsection (a) that is not in compliance with subsection
(a).
(c) Equitable Relief.--Any individual who is aggrieved by an action
in violation of subsection (a), taken by an agency or entity described
in subsection (a), shall have the right to bring an action seeking
relief in a United States district court of appropriate jurisdiction.
(d) Construction.--Nothing in this section shall be construed to
affect the application of the Indian Child Welfare Act of 1978 (25
U.S.C. 1901 et seq.). | Multiethnic Placement Act of 1993 - Prohibits an agency or entity that receives Federal assistance and is involved in adoptive or foster care placements from categorically denying to any person the opportunity to become an adoptive or a foster parent, or delaying or denying the placement of a child, solely on the basis of race, color, or national origin of the adoptive or foster parent or parents, or the child, involved. Permits consideration of the child's race, color, or national origin when such factors are: (1) considered in conjunction with other factors; and (2) relevant to the child's best interest.
Withholds specified adoption assistance funds from such an agency or entity in cases of noncompliance.
Grants any individual aggrieved by a noncomplying agency or entity the right to bring an action in the appropriate U.S. District Court.
Declares that nothing in this Act shall be construed to affect the application of the Indian Child Welfare Act of 1978. | {"src": "billsum_train", "title": "Multiethnic Placement Act of 1993"} | 4,967 | 224 | 0.164313 | 0.375461 | 0.420233 | 4.196721 | 22.284153 | 0.885246 |
SECTION 1. SHORT TITLE; SENSE OF CONGRESS.
(a) Short Title.--This Act may be cited as the ``Veteran-Centered
Access to Coordinated Health Care Act of 2014''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) veterans who are authorized by the Secretary of
Veterans Affairs to receive health care in the community must
not lose the high quality, safety, care coordination, and other
veteran-centric elements that the health care system of the
Department of Veterans Affairs provides;
(2) many veterans receive health care from both the
Department and community providers but the lack of care
coordination among the Department and community providers when
veterans receive purchased care places veterans at risk for
poor health outcomes and results in inefficient use of finite
health care resources;
(3) veteran-centric care coordination is associated with
improved patient outcomes, as Department and non-Department
health care teams coordinate and collaborate to provide the
best care for veterans; and
(4) if the Secretary purchases care for veterans from the
private sector, such care must be secured in a cost-effective
manner, in a way that complements the larger health care system
of the Department by using industry standards for care and
costs.
SEC. 2. COMPREHENSIVE CONTRACT CARE COORDINATION PROGRAM FOR VETERANS.
(a) In General.--
(1) Type of care.--Subsection (a) of section 1703 of title
38, United States Code, is amended to read as follows:
``(a)(1) The Secretary shall provide an eligible veteran with
covered health services that are provided by a non-Department entity
whom the Secretary enters into a contract with under this section if
the Secretary determines that facilities of the Department are not
capable of--
``(A) economically furnishing covered health services to
such veteran because of geographical inaccessibility; or
``(B) furnishing covered health services to such veteran
because such facilities lack--
``(i) the required personnel who are appropriately
trained and experienced; or
``(ii) the ability to provide timely and reasonable
access.
``(2) Except as otherwise provided by this chapter or other law,
the Secretary shall ensure that health care provided to a veteran under
this title by a non-Department entity, including under the Patient-
Centered Community Care program or any other care-coordination program,
is provided in accordance with this section.
``(3) The Secretary shall provide covered health services pursuant
to this chapter at a location that is in accordance with the following
priority:
``(A) A facility of the Department.
``(B) A facility of a department or agency of the Federal
Government, or of a university, that the Secretary has entered
into a sharing agreement with respect to providing such health
services.
``(C) A non-Department facility in accordance with this
section.
``(D) A non-Department facility in accordance with a
provision of law other than this section.
``(4) The Secretary shall ensure that veterans who receive health
care under this title from a non-Department entity are able to
efficiently reenter the health care system of the Department, including
by coordinating care.
``(5) In this subsection:
``(A) The term `covered health services' means, with
respect to an eligible veteran, any hospital care, medical
service, rehabilitative service, or preventative health service
that is authorized to be provided by the Secretary to the
veteran under this chapter or any other provision of law.
``(B) The term `eligible veteran' means a veteran enrolled
in the health care system established under section 1705(a) of
this title who elects to receive care under this section.''.
(2) Qualified entities; care coordination.--Such section is
amended by adding at the end the following new subsections:
``(e) The Secretary shall enter into a contract with a non-
Department entity under this section. The Secretary shall ensure that
the resources of the Department are not used to duplicate
administrative functions and information technology systems that are
provided by the non-Department entity under such a contract. A non-
Department entity shall be eligible for such a contract if the entity
demonstrates experience with respect to--
``(1) the ability to provide non-Department health care
services to veterans;
``(2) meeting or exceeding internal credentialing standards
of the Department and standards of the Utilization Review
Accreditation Commission;
``(3) having care coordinators who help veterans make,
confirm, and keep medical appointments;
``(4) having the ability to obtain clinical information
from non-Department entities and submit such information to the
Department;
``(5) having--
``(A) experience using an information technology
system that--
``(i) has the ability to track and monitor
veterans that is accessible by employees of the
Department using a portal on an Internet
website; and
``(ii) allows veterans to file complaints;
and
``(B) the ability to respond to potential quality
indicators and patient safety events; and
``(6) having the experience and ability to--
``(A) process claims in the provider network;
``(B) bill a third party (as defined in section
1725(f)(2) of this title) for care provided under this
section, as appropriate; and
``(C) transmit directly to the Secretary any
amounts received pursuant to subparagraph (B).
``(f) In carrying out this section, the Secretary shall ensure the
following:
``(1) With respect to each medical center of the
Department, the Secretary is consistent in determining the
eligibility of veterans under subsection (a).
``(2) The Secretary requires care coordinators of a non-
Department entity described in subsection (e)(3) who will
coordinate care of a veteran by the entity with a care
coordinator of the Department.
``(3) The Department and a non-Department entity under this
section exchange clinical information to improve both clinical
decisionmaking and the care a veteran receives.
``(4) Both non-Department facilities under this section and
Department facilities meet performance metrics regarding--
``(A) the quality of health care provided;
``(B) the satisfaction of veterans;
``(C) clinical information return within 30 days of
a health care visit of a patient;
``(D) a no-show rate at a rate less than the
industry standard;
``(E) claims being paid within 30 days;
``(F) timely access to health care, including
initial appointments occurring less than 30 days after
being requested;
``(G) cost effectiveness; and
``(H) sufficient volume and case mix to ensure
cost-effective vendor prices.
``(g)(1) Not later than October 31 of 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 care provided under this section, including--
``(A) the cost to the Department;
``(B) the number of veterans receiving care under this
section as compared to the number of veterans receiving care
from non-Department facilities under other provisions of law;
``(C) the quality of such care and the satisfaction of such
veterans;
``(D) the performance metrics under subsection (f)(4); and
``(E) other matters the Secretary considers appropriate.
``(2) Not later than March 1 of each odd-numbered 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 the allocation of resources with respect to
care provided by the Department and by non-Department facilities.''.
(3) Effective date.--The amendments made by this subsection
shall take effect 180 days after the date of the enactment of
this Act.
(b) Reauthorization of Project Arch.--Section 403 of the Veterans'
Mental Health and Other Care Improvements Act of 2008 (Public Law 110-
387; 38 U.S.C. 1703 note) is amended--
(1) in subsection (a)(3), by striking ``A veteran'' and
inserting ``Except as provided by subsection (i), a veteran'';
and
(2) by adding at the end the following new subsection:
``(i) Reauthorization.--
``(1) Recommencement.--Not later than 90 days after the
date of the enactment of the Veteran-Centered Collaborative
Health Care Act of 2014, the Secretary shall again commence the
conduct of the pilot program under subsection (a)(1).
``(2) Program locations.--Notwithstanding subsection
(a)(4), the Secretary shall carry out the pilot program
pursuant to paragraph (1) within each Veterans Integrated
Service Network.
``(3) Appointments.--In carrying out the pilot program
pursuant to paragraph (1), the Secretary shall ensure that
medical appointments for veterans occur during the 30-day
period beginning on the date that is 15 days after the date on
which the appointment is requested.
``(4) Outreach.--The Secretary shall ensure that a veteran
eligible for the pilot program carried out pursuant to
paragraph (1) is informed of such program.
``(5) Termination.--The authority of the Secretary to carry
out the pilot program pursuant to paragraph (1) shall terminate
on the date that is three years after the date on which the
Secretary commences such program under such paragraph.''. | Veteran-Centered Access to Coordinated Health Care Act of 2014 - Directs the Secretary of Veterans Affairs (VA) to provide certain enrolled veterans with health services (authorized hospital care or medical, rehabilitative, or preventive health services) that are provided by a non-VA provider with whom the Secretary enters into a contract if the Secretary determines that VA facilities are incapable of furnishing such services because of: (1) geographical inaccessibility; or (2) a lack of required personnel or ability to provide timely and reasonable access. Specifies the order of priority of locations for such non-VA providers. Sets forth requirements concerning VA care coordination with such providers and provider performance metrics. Amends the Veterans' Mental Health and Other Care Improvements Act of 2008 to reauthorize, for three years, a VA pilot program of contract care authority within each Veterans Integrated Service Network for the health care needs of veterans in highly rural areas. | {"src": "billsum_train", "title": "Veteran-Centered Access to Coordinated Health Care Act of 2014"} | 2,063 | 204 | 0.613067 | 1.672503 | 0.958164 | 2.852273 | 11.488636 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Hydropower Development at
Existing Nonpowered Dams Act''.
SEC. 2. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED DAMS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED
DAMS.
``(a) Expedited Licensing Process for Non-Federal Hydropower
Projects at Existing Nonpowered Dams.--
``(1) In general.--As provided in this section, the
Commission may issue and amend licenses and preliminary
permits, as appropriate, for any facility the Commission
determines is a qualifying facility.
``(2) Rule.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a rule
establishing an expedited process for issuing and amending
licenses and preliminary permits for qualifying facilities
under this section.
``(3) Interagency task force.--In establishing the
expedited process under this section, the Commission shall
convene an interagency task force, with appropriate Federal and
State agencies and Indian tribes represented, to coordinate the
regulatory processes associated with the authorizations
required to construct and operate a qualifying facility.
``(4) Length of process.--The Commission shall ensure that
the expedited process under this section will result in a final
decision on an application for a license by not later than 2
years after receipt of a completed application for the license.
``(b) Dam Safety.--
``(1) Assessment.--Before issuing any license for a
qualifying facility, the Commission shall assess the safety of
existing non-Federal dams and other non-Federal structures
related to the qualifying facility (including possible
consequences associated with failure of such structures).
``(2) Requirements.--In issuing any license for a
qualifying facility, the Commission shall ensure that the
Commission's dam safety requirements apply to such qualifying
facility, and the associated qualifying nonpowered dam, over
the term of such license.
``(c) Interagency Communications.--Interagency cooperation in the
preparation of environmental documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an
application for a license for a qualifying facility under this section,
and interagency communications relating to licensing process
coordination pursuant to this section, shall not--
``(1) be considered to be ex parte communications under
Commission rules; or
``(2) preclude an agency from participating in a licensing
proceeding under this part.
``(d) Identification of Nonpowered Dams for Hydropower
Development.--
``(1) In general.--Not later than 12 months after the date
of enactment of this section, the Commission, with the
Secretary of the Army, the Secretary of the Interior, and the
Secretary of Agriculture, shall jointly develop a list of
existing nonpowered Federal dams that the Commission and the
Secretaries agree have the greatest potential for non-Federal
hydropower development.
``(2) Considerations.--In developing the list under
paragraph (1), the Commission and the Secretaries may consider
the following:
``(A) The compatibility of hydropower generation
with existing purposes of the dam.
``(B) The proximity of the dam to existing
transmission resources.
``(C) The existence of studies to characterize
environmental, cultural, and historic resources
relating to the dam.
``(D) The effects of hydropower development on
release or flow operations of the dam.
``(3) Availability.--The Commission shall--
``(A) provide the list developed under paragraph
(1) to--
``(i) the Committee on Energy and Commerce,
the Committee on Transportation and
Infrastructure, and the Committee on Natural
Resources, of the House of Representatives; and
``(ii) the Committee on Environment and
Public Works, and the Committee on Energy and
Natural Resources, of the Senate; and
``(B) make such list available to the public.
``(e) Definitions.--For purposes of this section:
``(1) Qualifying criteria.--The term `qualifying criteria'
means, with respect to a facility--
``(A) as of the date of enactment of this section,
the facility is not licensed under, or exempted from
the license requirements contained in, this part;
``(B) the facility will be associated with a
qualifying nonpowered dam;
``(C) the facility will be constructed, operated,
and maintained for the generation of electric power;
``(D) the facility will use for such generation any
withdrawals, diversions, releases, or flows from the
associated qualifying nonpowered dam, including its
associated impoundment or other infrastructure; and
``(E) the operation of the facility will not result
in any material change to the storage, release, or flow
operations of the associated qualifying nonpowered dam.
``(2) Qualifying facility.--The term `qualifying facility'
means a facility that is determined under this section to meet
the qualifying criteria.
``(3) Qualifying nonpowered dam.--The term `qualifying
nonpowered dam' means any dam, dike, embankment, or other
barrier--
``(A) the construction of which was completed on or
before the date of enactment of this section;
``(B) that is or was operated for the control,
release, or distribution of water for agricultural,
municipal, navigational, industrial, commercial,
environmental, recreational, aesthetic, drinking water,
or flood control purposes; and
``(C) that, as of the date of enactment of this
section, is not generating electricity with hydropower
generating works that are licensed under, or exempted
from the license requirements contained in, this
part.''.
SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES.
Section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) is
amended by adding at the end the following:
``(5) Any obligation of a licensee for payment of annual charges
under this subsection shall commence when the construction of the
applicable facility commences.''.
Passed the House of Representatives December 12, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Promoting Hydropower Development at Existing Nonpowered Dams Act (Sec.2)This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC)to establish an expedited licensing process for issuing and amending licenses and preliminary permits for any qualifying facility as defined by this bill. In establishing the expedited process, FERC shall convene an interagency task force with appropriate federal and state agencies and Indian tribes to coordinate the regulatory process associated with the authorizations required to construct and operate a qualifying facility. FERC must assess the safety of existing non-federal dams and other non-federal structures related to the qualifying facility before issuing any license for a qualifying facility. FERC must coordinate with the Department of the Army, Department of the Interior and the Department of Agriculture to jointly develop a list of existing nonpowered federal dams that have the greatest potential for non-federal hydropower development. (Sec.3)Licensees of a qualifying facility are not required to pay an annual charge for administrative expenses until construction commences. | {"src": "billsum_train", "title": "Promoting Hydropower Development at Existing Nonpowered Dams Act"} | 1,449 | 236 | 0.712373 | 2.131018 | 0.952404 | 3.872928 | 7.154696 | 0.878453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intellectual Property Protection Act
of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337)
is one of the most important laws available to United States
businesses to deal with unfair practices in import trade and to
enforce intellectual property rights against infringing
imports.
(2) On November 23, 1988, a panel of the General Agreement
on Tariffs and Trade (hereafter in this Act referred to as
``GATT'') found section 337 to be in violation of United States
obligations under the GATT, because certain procedures under
section 337 did not provide national treatment for imported
goods and because some aspects of the procedures were
unnecessary for effective compliance with United States patent
law.
(3) On November 7, 1989, the United States allowed adoption
of the GATT panel report on section 337, thereby assuming an
obligation to reform section 337 to comply with its obligations
under the GATT.
(4) Because of the special difficulties in enforcing
intellectual property rights against unfairly traded imports,
special enforcement procedures that apply only to imports are
necessary to effectively enforce intellectual property rights
against infringing imports.
(5) The GATT allows special enforcement procedures when
such procedures are not less favorable than the procedures used
against domestic products or such procedures are necessary to
secure compliance with copyright, patent, trademark, and mask
work registration protection laws or regulations.
(6) To be effective, such enforcement procedures must
establish administrative proceedings which can reach multiple
parties in one forum, allow efficient foreign discovery,
provide expeditious dispute resolution, and provide border
enforcement by the United States Customs Service.
(b) Purpose.--The purpose of this Act is to conform section 337 of
the Tariff Act of 1930 and title 28 of the United States Code to the
provisions of the GATT to ensure that section 337 procedures can reach
multiple parties in one forum, allow efficient foreign discovery,
provide expeditious dispute resolution even in the absence of a
deadline for final determinations, and provide border enforcement of
determinations.
SEC. 3. AMENDMENT OF SECTION 337 OF THE TARIFF ACT OF 1930.
(a) Investigation.--Section 337(b) of the Tariff Act of 1930 (19
U.S.C. 1337(b)) is amended--
(1) by striking ``; Time Limits'' in the heading;
(2) in paragraph (1), by striking ``The Commission shall
conclude any such investigation'' and all that follows through
the end period and inserting the following: ``The Commission
shall conclude any such investigation and make its
determination under this section at the earliest practicable
time after the date of publication of notice of such
investigation. To promote expeditious adjudication, the
Commission shall, within 30 days of the initiation of an
investigation, establish a target date for its final
determination.''; and
(3) by striking the fifth sentence in paragraph (3).
(b) Determination; Review.--Section 337(c) of such Act is amended--
(1) by striking ``a settlement agreement'' in the first
sentence and inserting ``an agreement between the parties'';
(2) by striking ``subsection (d) or (e)'' in the second
sentence and inserting ``subsection (d), (e), or (f) (and each
declaration under subsection (o))''; and
(3) by striking ``(f), or (g)'' in the fourth sentence and
inserting ``(f), (g), or (o)''.
(c) Exclusion of Articles From Entry.--Section 337(d) of such Act
is amended by inserting after the first sentence the following new
sentence: ``No article shall be excluded from entry where the
Commission determines that the owner, importer, or consignee of the
article has established a sufficient counterclaim directly related to
the unfair methods or acts determined by the Commission to exist.''.
(d) Entry Under Bond.--Section 337(e) of such Act is amended--
(1) in the last sentence of paragraph (1), by striking
``determined by the Commission'' and all that follows through
the end period and inserting: ``prescribed by the Secretary in
an amount determined by the Commission to be sufficient to
protect the complainant from any injury. If the Commission
later determines that the respondent has violated the
provisions of this section, the bond may be forfeited to the
complainant.'';
(2) by adding at the end of paragraph (2), the following
new sentence: ``If the Commission later determines that the
respondent has not violated the provisions of this section, the
bond may be forfeited to the respondent.''; and
(3) by adding at the end thereof the following new
paragraph:
``(4) The Commission may prescribe the terms and conditions
under which bonds may be forfeited under paragraphs (1) and
(2).''.
(e) Cease and Desist Orders.--Section 337(f)(1) of such Act is
amended--
(1) by inserting after the first sentence the following new
sentence: ``A permanent cease and desist order shall not be
issued if the Commission determines that the owner, importer,
or consignee of the article has established a sufficient
counterclaim directly related to the unfair methods or acts
determined by the Commission to exist.''; and
(2) by adding at the end thereof the following: ``If a
temporary cease and desist order is issued in addition to, or,
in lieu of, an exclusion order under subsection (e), the
Commission may require the complainant to post a bond as a
prerequisite to the issuance of an order under this subsection.
If the Commission later determines that the respondent has not
violated the provisions of this section, the bond may be
forfeited to the respondent. The Commission may prescribe the
terms and conditions under which bonds may be forfeited under
this paragraph.''.
(f) Conditions Applicable for General Exclusion Orders.--Section
337(g) of such Act is amended by adding at the end thereof the
following new paragraph:
``(3) The authority of the Commission to issue an exclusion
from entry of articles shall be limited to persons determined
by the Commission to be violating this section unless the
Commission determines that--
``(A) a general exclusion from entry of articles is
necessary to prevent circumvention of an exclusion from
entry limited to such persons; or
``(B) there is a pattern of violation of this
section and it is difficult to identify the persons
responsible.''.
(g) Entry Under Bond After Referral to President.--Section
337(j)(3) of such Act is amended by striking ``shall be entitled to
entry under bond'' and all that follows through the end period and
inserting ``shall, until such determination becomes final, be entitled
to entry under bond prescribed by the Secretary in an amount determined
by the Commission to be sufficient to protect the complainant from
injury. If the determination becomes final, the bond may be forfeited
to the complainant. The Commission may prescribe the terms and
conditions under which bonds may be forfeited under this paragraph.''.
(h) Declaratory Relief.--Section 337 of such Act is amended by
adding at the end thereof the following new subsection:
``(o) Complaint for Declaratory Relief by Owner, Importer, or
Consignee.--In a case of actual controversy as to the existence of
unfair methods of competition and unfair acts described in subsection
(a), upon the filing of a complaint for declaratory relief under oath
by the owner, importer, or consignee of an imported article (or part
thereof), the Commission may declare the rights and other legal
relations of the parties, whether or not further relief is or could be
sought. A declaration made under this subsection shall have the force
and effect of a final determination of the Commission and shall be
reviewable as such. In the case of unfair acts involving the validity
of patents as described in subsection (a)(1)(B), such a declaration
shall be only for the purpose of determining whether there is a
violation of this section and shall not have the effect of claim or
issue preclusion.''.
SEC. 4. AMENDMENT OF TITLE 28, UNITED STATES CODE.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end thereof the following new section:
``Sec. 1659. Stay of certain actions pending disposition of related
proceedings before the United States International Trade
Commission
``(a) Stay.--In a civil action involving parties that are also
parties to a proceeding before the United States International Trade
Commission pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C.
1337), at the request of a party that is a respondent in the proceeding
before the Commission (other than a respondent to a counterclaim in a
proceeding for declaratory relief), a district court shall stay, until
the determination of the Commission becomes final, proceedings in the
civil action with respect to any claim that involves the same issues
involved in the proceeding before the Commission.
``(b) Use of Commission Record.--After dissolution of a stay under
subsection (a), portions of the record of the proceeding before the
United States International Trade Commission that bear on issues in a
civil action shall be admissible in the civil action, subject to such
protective order as the district court determines necessary and to the
extent permitted under the Federal Rules of Evidence and the Federal
Rules of Civil Procedure.''.
(b) Clerical Amendment.--The chapter analysis for chapter 111 of
title 28, United States Code, is amended by adding at the end the
following new item:
``1659. Stay of certain actions pending disposition of related
proceedings before the United States
International Trade Commission.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act apply to complaints filed and
investigations initiated under section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) after the date of the enactment of this Act. | Intellectual Property Protection Act of 1993 - Amends the Tariff Act of 1930 to require the International Trade Commission (ITC) to conclude at the earliest practicable time (currently, at the earliest practicable time, but not later than one year, or 18 months in more complicated cases) any investigation and make its determination with respect to unfair trade practices in the importation of articles into the United States or the infringement of intellectual property rights by an importer or foreign country. Requires the ITC, in order to promote expeditious adjudication, to establish a target date for its final determination.
Prohibits the exclusion of such articles from entry, or issuance of a permanent cease and desist order, where the ITC determines that an importer has established a sufficient counterclaim related to the unfair trade practice.
Authorizes the forfeiture of bonds posted by an importer if, after investigation, the ITC determines that it has committed a violation.
Sets forth provisions with respect to the exclusion of such articles from entry and their entry under bond after the referral of an ITC violation determination to the President.
Authorizes the ITC, upon an importer's filing under oath of a complaint for declaratory relief, to declare the rights and other legal relations of the parties, whether or not further relief is or could be sought, in cases of actual controversy as to the existence of unfair methods of competition and unfair acts.
Amends Federal law to require a district court, at a respondent's request, to stay civil actions before it that involve the same parties and claims that are also before the ITC until the ITC's determination becomes final. | {"src": "billsum_train", "title": "Intellectual Property Protection Act of 1993"} | 2,267 | 367 | 0.466453 | 1.723073 | 0.755273 | 2.935065 | 6.821429 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Growth Initiative Act
of 2005''.
SEC. 2. CREDIT FOR EMPLOYEE TRAINING EXPENSES OF SMALL BUSINESSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45N. SMALL BUSINESS EMPLOYEE TRAINING EXPENSES.
``(a) In General.--
``(1) Allowance of credit.--For purposes of section 38, in
the case of an eligible small business employer, the small
business employee training credit determined under this section
for the taxable year is an amount equal to so much of the
qualified training expenses paid or incurred by the eligible
small business employer with respect to qualified employees as
exceeds the base amount.
``(2) Base amount.--For purposes of paragraph (1)--
``(A) In general.--The base amount is an amount
equal to the average amount of qualified training
expenses paid or incurred by the eligible small
business employer with respect to all qualified
employees for the 3 preceding taxable years.
``(B) Special rule for new businesses.--
``(i) Businesses with at least 1 taxable
year.--In the case of an eligible small
business employer which has at least 1 full
preceding taxable year but fewer than 3
preceding taxable years, the base amount shall
be the amount of qualified training expenses
paid or incurred by such employer with respect
to all qualified employees during the preceding
taxable year.
``(ii) Start-up year.--In the case of an
eligible small business employer which does not
have any full preceding taxable years, the base
amount shall be zero.
``(b) Limitations.--
``(1) Per employee limitation.--The amount of the credit
allowed under subsection (a) for any taxable year with respect
to any qualified employee shall not exceed $1,000 ($500 in the
case of an eligible small business to which subsection
(a)(2)(B)(ii) applies).
``(2) Number of employees.--Not more than 5 qualified
employees may be taken into account under subsection (a) for
any taxable year.
``(c) Eligible Small Business Employer.--
``(1) In general.--The term `eligible small business
employer' means, with respect to any calendar year, an employer
who employed an average of at least 2 but not more than 100
employees on business days during the preceding taxable year.
``(2) Exception.--Such term shall not include any employer
who is a physician or whose principal business is providing
legal, accounting, engineering, architectural, or similar
services.
``(d) Qualified Training Expenses.--For purposes of this section,
the term `qualified training expenses' means expenses paid or incurred
for the training of a qualified employee to a person who is an eligible
provider of training services within the meaning of section 122 of the
Workforce Investment Act of 1998.
``(e) Qualified Employee.--For purposes of this section, the term
`qualified employee' means an individual who has been employed by the
eligible small business employer on a full-time basis for at least 6
months and who is not any of the following:
``(1) A highly compensated employee (within the meaning of
section 414(q)).
``(2) A physician or a veterinarian.
``(3) An individual participating in an apprenticeship or a
specialty trade skills development program associated with a
specialty trade contractor as specified in subsection 238 of
the North American Industry Classification System (as in effect
on the date of the enactment of this section).''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended by striking ``and'' at the
end of paragraph (25), by striking the period at the end of paragraph
(26) and inserting ``, plus'', and by adding at the end the following
new paragraph:
``(27) the small business employee training credit
determined under section 45N(a).''.
(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 new item:
``Sec. 45N. Small business employee training credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenditures incurred after December 31, 2005.
SEC. 3. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO
QUALIFIED SMALL BUSINESS STOCK.
(a) Increased Exclusion.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (relating to 50-percent exclusion
for gain from certain small business stock) is amended to read
as follows:
``(a) Exclusion.--Gross income shall not include any gain from the
sale or exchange of qualified small business stock held for more than 3
years.''.
(2) Conforming amendments.--
(A) Subparagraph (A) of section 1(h)(4) of such
Code is amended to read as follows:
``(A) collectibles gain, over''.
(B) Section 1(h) of such Code is amended by
striking paragraph (7).
(C)(i) Section 1(h) of such Code is amended by
redesignating paragraphs (8), (9), (10), (11), (12),
and (13) as paragraphs (7), (8), (9), (10), (11), and
(12), respectively.
(ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D)
of such Code are each amended by striking ``section
1(h)(11)(B)'' and inserting ``section 1(h)(10)(B)''.
(iii) The following sections in 301(f)(4) of such
Code are each amended by striking ``section 1(h)(11)''
and inserting ``section 1(h)(10)'':
(I) Section 301(f)(4).
(II) Section 306(a)(1)(D).
(III) Section 584(c).
(IV) Section702(a)(5).
(V) Section 854(a).
(VI) Section 854(b)(2).
(iv) The heading of section 857(c)(2) is amended by
striking ``1(h)(11)'' and inserting ``1(h)(10)''.
(D) Subsection (c) of section 1202 of such Code is
amended by adding at the end the following new
paragraph:
``(4) Stock held among members of controlled group not
eligible.--Stock of a member of a parent-subsidiary controlled
group (as defined in subsection (d)(3)) shall not be treated as
qualified small business stock while held by another member of
such group.''.
(E) Subsections (g)(2)(A) and (j)(1)(A) of section
1202 of such Code are each amended by striking ``5
years'' and inserting ``3 years''.
(F) The heading for section 1202 of such Code is
amended by striking ``partial''.
(G) The table of sections for part I of subchapter
P of chapter 1 of such Code is amended by striking
``Partial exclusion'' in the item relating to section
1202 and inserting ``Exclusion''.
(b) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 of the
Internal Revenue Code of 1986 (relating to items of tax
preference) is amended by striking paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(c) Repeal of Per-Issuer Limitation.--Section 1202(b) of the
Internal Revenue Code of 1986 (relating to per-issuer limitations on
taxpayer's eligible gain) is repealed.
(d) Other Modifications.--
(1) Repeal of working capital limitation.--Section
1202(e)(6) of the Internal Revenue Code of 1986 (relating to
working capital) is amended--
(A) in subparagraph (B), by striking ``2 years''
and inserting ``5 years''; and
(B) by striking the last sentence.
(2) Exception from redemption rules where business
purpose.--Section 1202(c)(3) of such Code (relating to certain
purchases by corporation of its own stock) is amended by adding
at the end the following new subparagraph:
``(D) Waiver where business purpose.--A purchase of
stock by the issuing corporation shall be disregarded
for purposes of subparagraph (B) if the issuing
corporation establishes that there was a business
purpose for such purchase and one of the principal
purposes of the purchase was not to avoid the
limitations of this section.''.
(e) Qualified Trade or Business.--Section 1202(e)(3) of the
Internal Revenue Code of 1986 (defining qualified trade or business) is
amended by inserting ``and'' at the end of subparagraph (C), by
striking ``, and'' at the end of subparagraph (D) and inserting a
period, and by striking subparagraph (E).
(f) Effective Dates.--The amendments made by this section apply to
stock issued after December 31, 2005.
SEC. 4. EXTENSION OF INCREASED EXPENSING FOR SMALL BUSINESS.
Subsections (b), (c), and (d) of section 179 are each amended by
striking ``2008'' each place it appears and inserting ``2011''.
SEC. 5. SBIR AND STTR PROGRAM EXPENDITURES.
(a) SBIR Program Expenditures.--Section 9(f)(1) of the Small
Business Act (15 U.S.C. 638(f)(1)) is amended by striking subparagraphs
(A) through (C) and inserting the following:
``(A) not less than 2.5 percent of such budget in
fiscal year 2006;
``(B) not less than 3.0 percent of such budget in
fiscal year 2007;
``(C) not less than 3.5 percent of such budget in
fiscal year 2008;
``(D) not less than 4.0 percent of such budget in
fiscal year 2009;
``(E) not less than 4.5 percent of such budget in
fiscal year 2010; and
``(F) not less than 5.0 percent of such budget in
fiscal year 2011 and each fiscal year thereafter,''.
(b) STTR Program Expenditures.--Section 9(n)(1)(B) of the Small
Business Act (15 U.S.C. 638(n)(1)(B)) is amended by striking clauses
(i) and (ii) and inserting the following:
``(i) not less than 0.3 percent in fiscal
year 2006;
``(ii) not less than 0.36 percent in fiscal
year 2007;
``(iii) not less than 0.42 percent in
fiscal year 2008;
``(iv) not less than 0.48 percent in fiscal
year 2009;
``(v) not less than 0.54 percent in fiscal
year 2010;
``(vi) not less than 0.6 percent in fiscal
year 2011 and each fiscal year thereafter.''.
SEC. 6. EXPANSION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP
COSTS.
(a) In General.--Paragraph (1) of section 45E(b) of the Internal
Revenue Code of 1986 is amended by striking ``$500'' and inserting
``$1,000''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2005. | Small Business Growth Initiative Act of 2005 - Amends the Internal Revenue Code to: (1) allow certain small business employers (with between two and 100 employees) a business tax credit for employee training expenses; (2) double the tax exclusion of gain from the sale or exchange of qualified small business stock and reduce the holding period for such stock from five to three years; (3) exempt such small business stock gain from the alternative minimum tax; (4) extend through 2010 the increased expensing allowance for depreciable business assets; and (5) increase the tax credit for small employer pension startup costs.
Amends the Small Business Act to increase federal agency expenditures under the Small Business Innovation Research program (SBIR) and the Small Business Technology Transfer program (STTR) through FY2011. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit for small business employee training expenses, to increase the exclusion of capital gains from small business stocks, to extend expensing for small businesses, and for other purposes."} | 2,791 | 162 | 0.520958 | 1.258025 | 0.741633 | 2.269737 | 15.625 | 0.835526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grazing Improvement Act of 2012''.
SEC. 2. TERMS OF GRAZING PERMITS AND LEASES.
Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752) is amended--
(1) by striking ``ten years'' each place it appears and
inserting ``20 years''; and
(2) in subsection (b)--
(A) by striking ``or'' at the end of each of
paragraphs (1) and (2);
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) the initial environmental analysis under National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
regarding a grazing allotment, permit, or lease has not been
completed.''.
SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.
(a) Amendment.--Title IV of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end
the following:
``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.
``(a) Definitions.--In this section:
``(1) Current grazing management.--The term `current
grazing management' means grazing in accordance with the terms
and conditions of an existing permit or lease and includes any
modifications that are consistent with an applicable Department
of Interior resource management plan or Department of
Agriculture land use plan.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect
to land under the jurisdiction of the Department of the
Interior.
``(b) Renewal, Transfer, Reissuance, and Pending Processing.--A
grazing permit or lease issued by the Secretary of the Interior, or a
grazing permit issued by the Secretary of Agriculture regarding
National Forest System land, that expires, is transferred, or is waived
shall be renewed or reissued under, as appropriate--
``(1) section 402;
``(2) section 19 of the Act of April 24, 1950 (commonly
known as the `Granger-Thye Act'; 16 U.S.C. 580l);
``(3) title III of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.); or
``(4) section 510 the California Desert Protection Act of
1994 (16 U.S.C. 410aaa-50).
``(c) Terms; Conditions.--The terms and conditions (except the
termination date) contained in an expired, transferred, or waived
permit or lease described in subsection (b) shall continue in effect
under a renewed or reissued permit or lease until the date on which the
Secretary concerned completes the processing of the renewed or reissued
permit or lease that is the subject of the expired, transferred, or
waived permit or lease, in compliance with each applicable law.
``(d) Cancellation; Suspension; Modification.--Notwithstanding
subsection (c), a permit or lease described in subsection (b) may be
cancelled, suspended, or modified in accordance with applicable law.
``(e) Renewal Transfer Reissuance After Processing.--When the
Secretary concerned has completed the processing of the renewed or
reissued permit or lease that is the subject of the expired,
transferred, or waived permit or lease, the Secretary concerned may
renew or reissue the permit or lease for a term of 20 years after
completion of processing.
``(f) Compliance With National Environmental Policy Act of 1969.--
The renewal, reissuance, or transfer of a grazing permit or lease by
the Secretary concerned may, at their sole discretion, be categorically
excluded from the requirement to prepare an environmental assessment or
an environmental impact statement if--
``(1) the decision continues to renew, reissue, or transfer
the current grazing management of the allotment;
``(2) monitoring of the allotment has indicated that the
current grazing management has met, or has satisfactorily
progressed towards meeting, objectives contained in the land
use and resource management plan of the allotment, as
determined by the Secretary concerned; or
``(3) the decision is consistent with the policy of the
Department of the Interior or the Department of Agriculture, as
appropriate, regarding extraordinary circumstances.
``(g) Priority and Timing for Completing Environmental Analyses.--
The Secretary concerned, in the sole discretion of the Secretary
concerned, shall determine the priority and timing for completing each
required environmental analysis regarding any grazing allotment,
permit, or lease based on the environmental significance of the
allotment, permit, or lease and available funding for that purpose.
``(h) NEPA Exemptions.--The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:
``(1) Crossing and trailing authorizations of domestic
livestock.
``(2) Transfer of grazing preference.''.
(b) Table of Contents.--The table of contents for the Federal Land
Policy and Management Act of 1976 is amended by adding after the item
for section 404, the following:
``Sec. 405. Renewal, transfer, and reissuance of grazing permits and
leases.''. | Grazing Improvement Act of 2012 - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years), including where the Secretary concerned determines that the initial environmental analysis under the National Environmental Policy Act of 1969 (NEPA) regarding a grazing allotment, permit, or lease has not been completed.
Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, the Granger-Thye Act, the Bankhead-Jones Farm Tenant Act, or the California Desert Protection Act of 1994.
Allows the exclusion of the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the NEPA requirement to prepare an environmental analysis if: (1) such decision continues to renew, reissue, or transfer current grazing management of the allotment; (2) monitoring indicates that such management meets objectives contained in the land use and resource management plan of the allotment; or (3) the decision is consistent with the policy of the Department of the Interior or USDA regarding extraordinary circumstances.
Gives the Secretary concerned the sole discretion to determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of such authorization and available funding.
Makes NEPA inapplicable to domestic livestock crossing and trailing authorizations and transfers of grazing preference. | {"src": "billsum_train", "title": "To amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing leases and permits, and for other purposes."} | 1,305 | 445 | 0.676245 | 2.087251 | 0.810289 | 4.590659 | 3.098901 | 0.881868 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Stimulus, Tax Credit Act of
2012''.
SEC. 2. DEBIT CARD STIMULUS PROGRAM.
(a) In General.--The Secretary of Commerce, in consultation with
the Secretary of the Treasury, shall establish a debit card stimulus
program, under which the Secretary of Commerce shall issue pre-loaded
debit cards to eligible taxpayers.
(b) Amount on Debit Card.--The amount loaded on a debit card
pursuant to subsection (a) shall be the sum of--
(1)(A) $5,000 in the case of an eligible taxpayer who filed
a joint return for the first taxable year beginning in 2011,
and
(B) $3,000 in the case of an eligible taxpayer who filed an
individual return of income tax for the first taxable year
beginning in 2011, plus
(2) $500 only in the case of an eligible taxpayer who uses
the debit card to acquire an automobile subject to subsection
(f)(5).
(c) Eligibility.--
(1) A taxpayer is eligible if the taxpayer is a citizen of
the United States and the gross income of the taxpayer for
taxable year 2011 does not exceed the applicable limit.
(2)(A) For taxpayers filing a joint income tax return the
applicable limit is the sum of $75,000, plus the phaseout
amount.
(B) For taxpayers filing an individual tax return the
applicable limit is the sum of $50,000, plus the phaseout
amount.
(d) Phaseout Amount.--The phaseout amount shall be $4,999 less 20%
of that amount for each thousand dollars in gross income above the
eligible gross income amounts of $75,000 and $50,000 respectively,
resulting in no eligibility at income levels of $80,000 and $55,000
respectively.
(e) Gross Income.--The term ``gross income'' has the meaning given
such term by Section 61 of the Internal Revenue Code of 1986.
(f) Debit Card Stimulus Program.--For purposes of this section, the
debit card stimulus program established under subsection (a) is a
program which shall be subject to the following terms and conditions:
(1) The debit card is active for a 6-month period. Any
amount remaining on the debit card at the end of the 6-month
period is forfeited.
(2) The debit card ceases to be active when the balance on
the card is zero.
(3) An active debit card is issued to the eligible
taxpayer. In the case of a joint return, an active debit card
is issued to the taxpayer and a debit card is issued to the
spouse of the taxpayer, with the total dollar amount preloaded
on both cards jointly equaling the $5,000/$5,500 limit.
(4) The debit card may be used for the following types of
purchases:
(A) Durable goods.
(B) Clothes.
(C) Services (other than medical services and
business-related legal services) performed within the
United States.
(D) Residential home mortgage payments where the
debtor is at least three months in arrears, as of the
effective date of this Act. This shall be limited by
regulation to a specific portion of the funds provided
under this Act.
(5) A debit card may only be used for the acquisition of a
passenger automobile if--
(A) the original use of the automobile begins with
the taxpayer,
(B) the acquisition is by way of an 18-month
renewable (at the lessee's option) lease, and
(C) the automobile was manufactured in the United
States by a manufacturer if the headquarters of the
parent of the manufacturer (as of December 31, 2008) is
either--
(i) located in the United States, or
(ii) located in a country which the
Secretary of Commerce has certified has opened
its markets to all automobiles manufactured in
the United States.
For purposes of this paragraph, the term ``passenger
automobile'' has the meaning given such term by section
32901(a)(18) of title 49, United States Code.
(6) The debit card may not be used for any purchase of a
good or service, or the acquisition of a passenger automobile
under a lease, if the cost of such good, service, or lease is
greater than the amount provided under the debit card stimulus
program.
(7) Not more than one-third of the amount on the debit card
may be expended within any 2-month period unless the
expenditure is for the acquisition of a single good, service,
or lease.
(8) Acquisitions after the effective date of the debit card
stimulus program (but prior to its implementation) shall be
reimbursable under the program, as follows:
(A) The sales receipt relating to the acquisition
shall be presented to the merchant who provided the
goods or services.
(B) The merchant would place those acquisitions on
the debit card once the program is fully implemented.
(9) The program shall be subject to such other terms and
conditions as the Secretary of Commerce shall specify by
regulations.
(g) Eligible Taxpayers.--For purposes of this section--
(1) In general.--A taxpayer is an eligible taxpayer if the
taxpayer is a citizen of the United States.
(2) Dependents not eligible.--An individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for the most recent taxable year for which a return is
required (but for any threshold amount) to be filed shall not
be treated as an eligible taxpayer for purposes of this
section.
(3) Special rule relating to prisoners.--An individual may
not use a debit card issued pursuant to this section during any
period of incarceration in a Federal, State, or local prison.
(h) Employee Retention Tax Credit.--
(1) In general.--There shall be allowed to the employer of
any qualified retained employee a credit against the tax
imposed by chapter 1 of the Internal Revenue Code of 1986 in
the amount of the employee retention credit.
(2) Employee retention credit.--
(A) In general.--For purposes of paragraph (1), the
employee retention credit for the taxable year of the
employer which includes the last day of the employee
retention period is an amount equal to the excess (if
any) of--
(i) $3,000 multiplied by the number of
qualified retained employees, less
(ii) $3,000 multiplied by the number of
specified dismissed employees.
(B) Increase in credit amount.--The $3,000 amount
in subparagraph (A)(i) shall be increased to the
highest level that the Secretary of the Treasury
determines would not cause the aggregate amount of the
credits allowed by paragraph (1) to be a revenue loss
to the Treasury. For purposes of this subparagraph, the
determination shall be based on--
(i) the amount of Federal income tax
withheld from each qualified retained employee
during the period of employment under the
program and the employee retention period, and
(ii) all unemployment benefits which that
employee would have continued to receive during
the period of employment under the program and
the employee retention period had that employee
not been employed.
(3) Qualified retained employee.--For purposes of paragraph
(1), an employee is a qualified retained employee if the
employee--
(A) whose hiring date with the employer is after
the beginning of the debit card stimulus program and
who first begins work before the end of the program,
and
(B) who, without a break in service, performs
services in the United States for the employer for the
employee retention period.
(4) Employee retention period.--For purposes of this
subsection, the employee retention period is the 6-month period
beginning on the day after the end of the debit card stimulus
program.
(5) Specified dismissed employee.--For purposes of
paragraph (1), an employee is a specified dismissed employee of
an employer if--
(A) the employee was performing services in the
United States for the employer before the beginning of
the debit card stimulus program, and
(B) the employee was separated from service during
the 12-month period beginning on the first day of the
program.
(6) Employee.--For purposes of this subsection, an employee
shall not be taken into account for purposes of this subsection
unless the employee typically performs not less than 35 hours
of service (or the equivalent thereof) for the employer. For
purposes of the preceding sentence, the term ``hour of
service'' means a time of service determined under regulations
prescribed by the Secretary of Labor.
(7) Business credit.--The credit allowed under paragraph
(1) shall be treated as a business credit allowed under subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986.
(i) Regulations.--The Secretary of the Treasury or the Secretary's
delegate shall issue such regulations as may be necessary to carry out
this Act.
SEC. 3. APPROPRIATIONS.
(a) Excess Funds From Operation Enduring Freedom.--Funds made
available to the Department of Defense for Overseas Contingency
Operations that are in excess of the amounts required by the Department
for Operation Enduring Freedom because of the redeployment of members
of the Armed Forces of the United States from Afghanistan are hereby
made available to carry out this Act.
(b) Repatriation of Foreign Earnings.--The amount equal to the
taxes received in the Treasury of the United States pursuant to any
provision of law enacted pursuant to an Act of Congress enacted after
the date of the enactment of this Act which provides for a reduced tax
rate on profits held outside the United States by domestic corporations
upon the return of such funds to the United States. | Economic Stimulus, Tax Credit Act of 2012 - Directs the Secretary of Commerce to establish a debit card stimulus program for issuing pre-loaded six-month debit cards to eligible taxpayers.
Prescribes the amount on the debit card to be the sum of: (1) $5,000 for a taxpayer who filed a joint income tax return for the first taxable year beginning in 2011; (2) $3,000 for a taxpayer who filed an individual income tax return for the same taxable year; plus (3) $500, but only if the taxpayer uses the debit card to acquire a new U.S.-manufactured passenger automobile by way of an 18-month lease (renewable at the lessee's option).
Limits a debit card to taxpaying U.S. citizens whose gross income does not exceed $50,000 ($75,000 for those filing joint returns), plus a phaseout amount calculated according to a specified formula. Excludes individuals claimed as dependents on another taxpayer's income tax return.
Allows use of the debit card to purchase durable goods, clothes, services (other than medical and business-related legal services) performed within the United States, and the residential home mortgage payments of a debtor at least three months in arrears.
Prohibits the use of a debit card for any purchase of a good or service, or the acquisition of a passenger automobile under a lease, if its cost is greater than the amount provided under the debit card stimulus program.
Prescribes certain other restrictions on the use of a debit card.
Allows an income tax employee retention credit to an employer of any qualified retained employee: (1) whose hiring date with the employer follows the beginning of the debit card stimulus program and who first begins work before the end of the program; and (2) who, without a break in service, performs services in the United States for the employer for the six months following the end of the debit card stimulus program (employee retention period).
Sets the amount of an employee retention credit at the excess (if any) of: (1) $3,000 multiplied by the number of qualified retained employees, minus (2) $3,000 multiplied by the number of specified dismissed employees.
Makes available to carry out this Act any funds made available to the Department of Defense (DOD) for Overseas Contingency Operations in excess of the amounts required by DOD for Operation Enduring Freedom because of the redeployment of members of the U.S. Armed Forces from Afghanistan. | {"src": "billsum_train", "title": "To direct the Secretary of Commerce to establish a program under which preloaded debit cards are made available for the purchase of certain goods and services."} | 2,070 | 544 | 0.653038 | 2.156829 | 0.711069 | 4.320675 | 4.200422 | 0.92827 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare and Teenage Pregnancy
Reduction Act''.
SEC. 2. BLOCK GRANTS TO STATES FOR FAMILIES WITH DEPENDENT CHILDREN.
(a) In General.--Title IV of the Social Security Act (42 U.S.C.
601-617) is amended by striking part A (except sections 403(h) and 417)
and inserting the following:
``Part A--Block Grants to States for Families With Dependent Children
``SEC. 401. ENTITLEMENT.
``For grants to which States meeting the requirements of this part
are entitled, there is authorized to be appropriated to the Secretary
for each fiscal year an amount equal to--
``(1) 103 percent of the aggregate amount of Federal
outlays under part A of this title, other than under section
403(l), (as in effect immediately before the effective date of
this part) for fiscal year 1994; plus
``(2) 100 percent of the aggregate amount of Federal
outlays under such section 403(l) for fiscal year 1993.
``SEC. 402. APPLICATION REQUIREMENTS.
``To be entitled to a grant under this part for a fiscal year, a
State must, not later than June 30 of the immediately preceding fiscal
year, submit to the Secretary an application which describes the State
program to assist families with dependent children (which may include
job training and work programs for such families), including the goals
and objectives of the program.
``SEC. 403. BLOCK GRANT.
``The Secretary shall make a grant for a fiscal year to each State
that meets the requirement of section 402 for the fiscal year in an
amount equal to--
``(1) 103 percent of the amount paid to the State under
part A of this title, other than under section 403(l), (as in
effect immediately before the effective date of this part) for
fiscal year 1994; plus
``(2) 100 percent of the amount paid to the State under
such section 403(l) for fiscal year 1993.
``SEC. 404. USE OF FUNDS.
``(a) In General.--Each State to which a grant is made under
section 403 for a fiscal year shall use the grant to carry out the
State program to assist families with dependent children.
``(b) Prohibitions.--Each State to which a grant is made under
section 403 for a fiscal year shall not use any Federal funds provided
to carry out the State program to assist families with dependent
children, to provide assistance during the fiscal year with respect to
a dependent child if--
``(1) the mother or father of the dependent child has not
attained 19 years of age; or
``(2) the paternity or maternity of the dependent child has
not been established.
``(c) Special Rule.--During a period not exceeding 1 year from the
date a family with a dependent child moves to a State to which a grant
is made under section 403 for a fiscal year from another State, the
State may--
``(1) apply the same rules as apply with respect to any
other dependent child in the State, in providing assistance
with respect to the dependent child under the State program to
assist families with dependent children; or
``(2) treat the dependent child in the same manner as such
other State would have treated the dependent child if the
dependent child had not moved from such other State.
``SEC. 405. DEFINITION OF DEPENDENT CHILD.
``As used in this part, the term `dependent child' means an
individual who--
``(1) is needy, as determined by the State in which the
child resides;
``(2) has been deprived of parental support or care due to
the death, continued absence from the home (other than absence
occasioned solely due to the performance of active duty in the
uniformed services of the United States), or physical or mental
incapacity of a parent;
``(3) is living with the individual's father, mother,
grandfather, grandmother, brother, sister, stepfather,
stepmother, stepbrother, stepsister, uncle, aunt, first cousin,
nephew, or niece, in a place of residence maintained by 1 or
more of such relatives as his, her, or their home; and
``(4) is--
``(A) not more than 18 years of age; or
``(B) at the option of the State--
``(i) not more than 19 years of age; and
``(ii) a full-time student in a secondary
school (or in the equivalent level of
vocational or technical training) who may
reasonably be expected to complete the program
of the secondary school (or the training)
before attaining 19 years of age.''.
``SEC. 406. ANNUAL REPORTS.
``Not later than 6 months after the end of each fiscal year for
which a State is made a grant under section 403, the State shall submit
to the Secretary a report which contains--
``(1) a statement of the average number of families with
dependent children in the State during the fiscal year, and of
the number of such families to which assistance was provided
under State programs funded under this part during the fiscal
year;
``(2) in absolute and in percentage terms, the extent to
which there has been an increase or decrease, during the fiscal
year and since the effective date of this part, in--
``(A) teen pregnancies in the State;
``(B) births of children immediately eligible for
assistance through the State program of assistance to
families with dependent children;
``(C) families to whom such assistance has been
terminated due to the gainful employment of 1 or more
members of the family; and
``(D) absent parents who contribute financially to
the support of families receiving such assistance; and
``(3) the extent to which the State has met the goals and
objectives set forth in the application for the grant.
``SEC. 407. WITHHOLDING OF BLOCK GRANT.
``Notwithstanding any other provision of this part, beginning 4
years after the effective date of this part, the Secretary may suspend
or withhold for any period a portion or all of a grant to a State for a
fiscal year under this part if, after reviewing the State reports
submitted pursuant to section 406, the Secretary determines that the
State program of assistance to families with dependent children during
the immediately preceding fiscal year has not adequately met the needs
of the families.''.
(b) Repeal of JOBS Program.--Part F of title IV of such Act (42
U.S.C. 681-687) is hereby repealed.
(c) Transfer of Provision Providing for Penalties for Substantial
Noncompliance With State Plan for Child and Spousal Support.--
(1) In General.--Section 403(h) of such Act (42 U.S.C.
603(h)) is hereby transferred to section 455 of such Act,
inserted after subsection (b) of such section 455, and
redesignated as subsection (c).
(2) Conforming amendments.--
(A) Section 455(c) of such Act (42 U.S.C. 655(c)),
as added by paragraph (1) of this subsection, is
amended--
(i) in paragraph (1)--
(I) by striking ``part D'' and
inserting ``this part''; and
(II) by striking ``such part'' and
inserting ``this part''; and
(ii) by striking paragraph (3).
(B) Section 452(a)(4) of such Act (42 U.S.C.
652(a)(4)) is amended--
(i) by striking ``403(h)(1)'' and inserting
``455(c)(1)''; and
(ii) by striking ``403(h)(2)'' and
inserting ``455(c)(2)''.
(C) Section 452 of such Act (42 U.S.C. 652) is
amended, in each of subsections (a)(4), (d)(3)(A),
(g)(1), and (g)(3)(A), by striking ``403(h)'' and
inserting ``455(c)''.
(d) Transfer of Provision Providing for Assistant Secretary for
Family Support.--
(1) In general.--Section 417 of such Act (42 U.S.C. 617) is
hereby transferred to section 452 of such Act, added at the end
of such section 452, and redesignated as subsection (j).
(2) Conforming amendment.--Section 452(j) of such Act (42
U.S.C. 652(j)), as added by paragraph (1) of this subsection,
is amended--
(A) by striking ``assistant secretary for family
support''; and
(B) by striking ``programs under this part, part D,
and part F'' and inserting ``program under this part''.
(e) Effective Date.--The amendments and repeal made by this section
shall take effect on October 1, 1995.
(f) References in Other Laws.--Any reference in any law,
regulation, document, paper, or other record of the United States to
part A or F of title IV of the Social Security Act, or to a provision
of law contained in either such part, shall, unless the context
otherwise requires, be considered to be a reference to such part A or
F, or such provision, as in effect immediately before October 1, 1995.
SEC. 3. REDUCTION OF FEDERAL AFDC ADMINISTRATIVE COSTS.
(a) Cost-Reduction Requirement.--The Secretary of Health and Human
Services shall, using any authorities otherwise available, take such
actions as may be necessary to ensure that, for each fiscal year that
begins 12 months or more after the date of the enactment of this Act,
the total administrative costs of the program described in part A of
title IV of the Social Security Act shall not exceed 50 percent of the
total administrative costs of that program (as then in effect) for
fiscal year 1994.
(b) Reporting Requirement.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit a written report to Congress describing--
(1) the actions which have been or will be taken in order
to achieve timely compliance with subsection (a);
(2) the procedures and criteria used in determining what
actions to take, including the reasons why each such action was
chosen;
(3) the savings anticipated from each action described
under paragraph (1); and
(4) the methodologies and assumptions used in connection
with any computations under this section. | Welfare and Teenage Pregnancy Reduction Act - Amends title IV of the Social Security Act to repeal part A (Aid to Families with Dependent Children) (AFDC) and replace it with a program of block grants to States for such families.
Authorizes appropriations to the Secretary of Health and Human Services for such grants.
Prohibits the use of grant funds to provide assistance with respect to a dependent child if: (1) the mother or father has not reached age 19; or (2) the paternity or maternity of such child has not been established.
Declares that, during the first year following arrival in a State from another State of a family with a dependent child, the State may apply its own rules or the rules of that other State.
Authorizes the Secretary to suspend or withhold part or all of a grant to a State for a fiscal year if, after reviewing the State's annual report on its program, the Secretary determines that the State program has not, during the immediately preceding fiscal year, adequately met the needs of such families.
Directs the Secretary to take necessary action to ensure that, for each fiscal year, the total administrative costs of the AFDC program, as revised by this Act, shall not exceed half of the total administrative costs of the AFDC program as in effect for FY 1994. | {"src": "billsum_train", "title": "Welfare and Teenage Pregnancy Reduction Act"} | 2,415 | 294 | 0.585628 | 1.66044 | 0.731601 | 3.414729 | 8.511628 | 0.926357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Book Stamp Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Literacy is fundamental to all learning.
(2) Between 40 and 60 percent of the Nation's children do
not read at grade level, particularly children in families or
school districts that are challenged by significant financial
or social instability.
(3) Increased investments in child literacy are needed to
improve opportunities for children and the efficacy of the
Nation's education investments.
(4) Increasing access to books in the home is an important
means of improving child literacy, which can be accomplished
nationally at modest cost.
(5) Effective channels for book distribution already exist
through child care providers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Early learning program.--The term ``early learning'',
used with respect to a program, means a program of activities
designed to facilitate development of cognitive, language,
motor, and social-emotional skills in children under age 6 as a
means of enabling the children to enter school ready to learn,
such as a Head Start or Early Head Start program carried out
under the Head Start Act (42 U.S.C. 9831 et seq.), or a State
pre-kindergarten program.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the United States Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(4) State agency.--The term ``State agency'' means an
agency designated under section 658D of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858b).
SEC. 4. GRANTS TO STATE AGENCIES.
(a) Establishment of Program.--The Secretary shall establish and
carry out a program to promote child literacy and improve children's
access to books at home and in early learning and other child care
programs, by making books available through early learning and other
child care programs.
(b) Grants.--
(1) In general.--In carrying out the program, the Secretary
shall make grants to State agencies from allotments determined
under paragraph (2).
(2) Allotments.--For each fiscal year, the Secretary shall
allot to each State an amount that bears the same ratio to the
total of the available funds for the fiscal year as the amount
the State receives under section 658O(b) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)) for
the fiscal year bears to the total amount received by all
States under that section for the fiscal year.
(c) Applications.--To be eligible to receive an allotment under
this section, a State shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require.
(d) Accountability.--The provisions of sections 658I(b) and 658K(b)
of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858g(b), 9858i(b)) shall apply to States receiving grants under this
Act, except that references in those sections--
(1) to a subchapter shall be considered to be references to
this Act; and
(2) to a plan or application shall be considered to be
references to an application submitted under subsection (c).
(e) Definition.--In this section, the term ``available funds'',
used with respect to a fiscal year, means the total of--
(1) the funds made available under section 416(c)(1) of
title 39, United States Code for the fiscal year; and
(2) the amounts appropriated under section 9 for the fiscal
year.
SEC. 5. CONTRACTS TO CHILD CARE RESOURCE AND
REFERRAL AGENCIES.
A State agency that receives a grant under section 4 shall use
funds made available through the grant to enter into contracts with
local child care resource and referral agencies to carry out the
activities described in section 6. The State agency may reserve not
more than 3 percent of the funds made available through the grant to
support a public awareness campaign relating to the activities.
SEC. 6. USE OF FUNDS.
(a) Activities.--
(1) Book payments for eligible providers.--A child care
resource and referral agency that receives a contract under
section 5 shall use the funds made available through the grant
to provide payments for eligible early learning program and
other child care providers, on the basis of local needs, to
enable the providers to make books available, to promote child
literacy and improve children's access to books at home and in
early learning and other child care programs.
(2) Eligible providers.--To be eligible to receive a
payment under paragraph (1), a provider shall--
(A)(i) be a center-based child care provider, a
group home child care provider, or a family child care
provider, described in section 658P(5)(A) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858n(5)(A)); or
(ii) be a Head Start agency designated under
section 641 of the Head Start Act (42 U.S.C. 9836), an
entity that receives assistance under section 645A of
such Act to carry out an Early Head Start program or
another provider of an early learning program; and
(B) provide services in an area where children face
high risks of literacy difficulties, as defined by the
Secretary.
(b) Responsibilities.--A child care resource and referral agency
that receives a contract under section 5 to provide payments to
eligible providers shall--
(1) consult with local individuals and organizations
concerned with early literacy (including parents and
organizations carrying out the Reach Out and Read, First Book,
and Reading Is Fundamental programs) regarding local book
distribution needs;
(2) make reasonable efforts to learn public demographic and
other information about local families and child literacy
programs carried out by the eligible providers, as needed to
inform the agency's decisions as the agency carries out the
contract;
(3) coordinate local orders of the books made available
under this Act;
(4) distribute, to each eligible provider that receives a
payment under this Act, not fewer than 1 book every 6 months
for each child served by the provider for more than 3 of the
preceding 6 months;
(5) use not more than 5 percent of the funds made available
through the contract to provide training and technical
assistance to the eligible providers on the effective use of
books with young children at different stages of development;
and
(6) be a training resource for eligible providers that want
to offer parent workshops on developing reading readiness.
(c) Discounts.--
(1) In general.--Federal funds made available under this
Act for the purchase of books may only be used to purchase
books on the same terms as are customarily available in the
book industry to entities carrying out nonprofit bulk book
purchase and distribution programs.
(2) Terms.--An entity offering books for purchase under
this Act shall be present to have met the requirements of
paragraph (1), absent contrary evidence, if the terms include a
discount of 43 percent off the catalogue price of the books,
with no additional charge for shipping and handling of the
books.
(d) Administration.--The child care resource and referral agency
may not use more than 6 percent of the funds made available through the
contract for administrative costs.
SEC. 7. REPORT TO CONGRESS.
Not later than 2 years of the date of enactment of this Act, the
Secretary shall prepare and submit to Congress a report on the
implementation of the activities carried out under this Act.
SEC. 8. SPECIAL POSTAGE STAMPS FOR CHILD LITERACY.
Chapter 4 of title 39, United States Code is amended by adding at
the end the following:
``Sec. 416. Special postage stamps for child literacy
``(a) In order to afford the public a convenient way to contribute
to funding for child literacy, the Postal Service shall establish a
special rate of postage for first-class mail under this section. The
stamps that bear the special rate of postage shall promote childhood
literacy and shall, to the extent practicable, contain an image
relating to a character in a children's book or cartoon.
``(b)(1) The rate of postage established under this section--
``(A) shall be equal to the regular first-class rate of
postage, plus a differential of not to exceed 25 percent;
``(B) shall be set by the Governors in accordance with such
procedures as the Governors shall by regulation prescribe (in
lieu of the procedures described in chapter 36); and
``(C) shall be offered as an alternative to the regular
first-class rate of postage.
``(2) The use of the special rate of postage established under this
section shall be voluntary on the part of postal patrons.
``(c)(1) Of the amounts becoming available for child literacy
pursuant to this section, the Postal Service shall pay 100 percent to
the Department of Health and Human Services.
``(2) Payments made under this subsection to the Department shall
be made under such arrangements as the Postal Service shall by mutual
agreement with such Department establish in order to carry out the
objectives of this section, except that, under those arrangements,
payments to such agency shall be made at least twice a year.
``(3) In this section, the term `amounts becoming available for
child literacy pursuant to this section' means--
``(A) the total amounts received by the Postal Service that
the Postal Service would not have received but for the
enactment of this section; reduced by
``(B) an amount sufficient to cover reasonable costs
incurred by the Postal Service in carrying out this section,
including costs attributable to the printing, sale, and
distribution of stamps under this section,
as determined by the Postal Service under regulations that the Postal
Service shall prescribe.
``(d) It is the sense of Congress that nothing in this section
should--
``(1) directly or indirectly cause a net decrease in total
funds received by the Department of Health and Human Services,
or any other agency of the Government (or any component or
program of the Government), below the level that would
otherwise have been received but for the enactment of this
section; or
``(2) affect regular first-class rates of postage or any
other regular rates of postage.
``(e) Special postage stamps made available under this section
shall be made available to the public beginning on such date as the
Postal Service shall by regulation prescribe, but in no event later
than 12 months after the date of enactment of this section.
``(f) The Postmaster General shall include in each report provided
under section 2402, with respect to any period during any portion of
which this section is in effect, information concerning the operation
of this section, except that, at a minimum, each report shall include
information on--
``(1) the total amounts described in subsection (c)(3)(A)
that were received by the Postal Service during the period
covered by such report; and
``(2) of the amounts described in paragraph (1), how much
(in the aggregate and by category) was required for the
purposes described in subsection (c)(3)(B).
``(g) This section shall cease to be effective at the end of the 2-
year period beginning on the date on which special postage stamps made
available under this section are first made available to the public.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$50,000,000 for each of fiscal years 2001 through 2005. | Directs the Secretary to carry out such program by allotting grants to applicant State agencies on the basis of relative amounts received by States under specified provisions of the Child Care and Development Block Grant Act of 1990.
Requires State agencies to use such grants to enter into contracts with local child care resource and referral agencies to carry out program activities. Allows State agencies to reserve up to three percent of grant funds to support a public awareness campaign relating to program activities.
Requires local agencies which receive such contracts to use grant funds to provide payments for eligible early learning program and other child care providers, on the basis of local needs, to enable the providers to make books available, to promote child literacy and improve children's access to books at home and in early learning and other child care programs.
Amends Federal law relating to the U.S. Postal Service (USPS) to require USPS to establish special postage stamps for child literacy, at the regular first-class rate plus a differential amount. Makes patron use of such special-rate postage stamp voluntary. Requires the USPS to pay all of certain amounts raised by sales such stamp to HHS for child literacy promotion activities. Expresses the sense of Congress that nothing in this section should: (1) cause a net decrease in total funds received by HHS or any other Federal agency, component, or program; and (2) affect regular first-class or other regular postage rates.
Authorizes appropriations. | {"src": "billsum_train", "title": "Book Stamp Act"} | 2,585 | 313 | 0.553437 | 1.642789 | 0.833691 | 4.777778 | 8.820789 | 0.892473 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Affordability and
Risk Notification Act''.
SEC. 2. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE
REQUIREMENT FOR NEW FLOOD HAZARD AREAS.
(a) In General.--Section 102 of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following
new subsections:
``(i) Delayed Effective Date of Mandatory Purchase Requirement for
New Flood Hazard Areas.--
``(1) In general.--In the case of any area that was not
previously designated as an area having special flood hazards
and that, pursuant to any issuance, revision, updating, or
other change in flood insurance maps that takes effect on or
after September 30, 2007, becomes designated as an area having
special flood hazards, if each State and local government
having jurisdiction over any portion of the geographic area has
complied with paragraph (2), such designation shall not take
effect for purposes of subsection (a), (b), or (e) of this
section, or section 202(a) of this Act, until the expiration of
the 5-year period beginning upon the date that such maps, as
issued, revised, update, or otherwise changed, become
effective.
``(2) Notice requirements.--A State or local government
shall be considered to have complied with this paragraph with
respect to any geographic area described in paragraph (1) only
if the State or local government has in accordance with such
standards as shall be established by the Director--
``(A) developed an evacuation plan to be
implemented in the event of flooding in such portion of
the geographic area; and
``(B) developed and implemented an outreach and
communication plan to advise occupants in such portion
of the geographic area of potential flood risks,
appropriate evacuation routes under the evacuation plan
referred to in subparagraph (A), the opportunity to
purchase flood insurance, and the consequences of
failure to purchase flood insurance.
``(3) Rule of construction.--Nothing in paragraph (1) may
be construed to affect the applicability of a designation of
any area as an area having special flood hazards for purposes
of the availability of flood insurance coverage, criteria for
land management and use, notification of flood hazards,
eligibility for mitigation assistance, or any other purpose or
provision not specifically referred to in paragraph (1).
``(j) Availability of Preferred Risk Rating Method Premiums.--The
preferred risk rate method premium shall be available for flood
insurance coverage for properties located in areas referred to in
subsection (i)(1) and during the time period referred to in subsection
(i)(1).''.
(b) Conforming Amendment.--The second sentence of subsection (h) of
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101(h)) is amended by striking ``Such'' and inserting ``Except for
notice regarding a change described in section 102(i)(1) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''.
(c) No Refunds.--Nothing in this section or the amendments made by
this section may be construed to authorize or require any payment or
refund for flood insurance coverage purchased for any property that
covered any period during which such coverage is not required for the
property pursuant to the applicability of the amendment made by
subsection (a).
SEC. 3. 5-YEAR PHASE-IN OF FLOOD INSURANCE RATES FOR NEWLY MAPPED
AREAS.
(a) In General.--Section 1308 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``or notice'' after ``prescribe by
regulation'';
(2) in subsection (c), by inserting ``and subsection (g)''
before the first comma; and
(3) by adding at the end the following new subsection:
``(g) 5-Year Phase-In of Flood Insurance Rates for Newly Mapped
Areas.--Notwithstanding any other provision of law relating to
chargeable risk premium rates for flood insurance coverage under this
title, in the case of any area that was not previously designated as an
area having special flood hazards and that, pursuant to any issuance,
revision, updating, or other change in flood insurance maps, becomes
designated as such an area, during the 5-year period that begins upon
the expiration of the period referred to in section 102(i)(1) of the
Flood Disaster Protection Act of 1973 with respect to such area, the
chargeable premium rate for flood insurance under this title with
respect to any property that is located within such area shall be--
``(1) for the first year of such 5-year period, 20 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property;
``(2) for the second year of such 5-year period, 40 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property;
``(3) for the third year of such 5-year period, 60 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property;
``(4) for the fourth year of such 5-year period, 80 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property; and
``(5) for the fifth year of such 5-year period, 100 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property.''.
(b) Regulation or Notice.--The Administrator of the Federal
Emergency Management Agency shall issue an interim final rule or notice
to implement this section and the amendments made by this section as
soon as practicable after the date of the enactment of this Act.
SEC. 4. COMMUNICATION AND OUTREACH.
(a) In General.--The Administrator of the Federal Emergency
Management Agency shall--
(1) work to enhance communication and outreach to States,
local communities, and property owners about the effects of--
(A) any potential changes or updates to National
Flood Insurance Program rate maps that may result under
section 1360 of the National Flood Insurance Act of
1968 (42 U.S.C. 4101); and
(B) that any such changes or updates may have on
flood insurance purchase requirements;
(2) engage with local communities to enhance communication
and outreach to the residents of such communities on the
matters described under subparagraph (A); and
(3) on the website of the Federal Emergency Management
Agency make publicly available information on--
(A) the various types of flood protection measures
applicable to different classes and types of structures
that are located in an area having special flood
hazards;
(B) the property and casualty insurance companies
that participate in the National Flood Insurance
Program and that write and service standard flood
insurance policies;
(C) the availability and cost of flood insurance--
(i) under the National Flood Insurance
Program; and
(ii) in the private marketplace;
(D) data related to the structural status of each
levee, dam, or other man-made structure designed to
provide protection from floods; and
(E) how homeowners and communities can mitigate
their flood risk.
(b) Required Activities.--The communication and outreach activities
required under paragraph (1) shall include--
(1) notifying property owners when their properties become
included in, or when they are excluded from, an area having
special flood hazards and the effect of such inclusion or
exclusion on the applicability of the mandatory flood insurance
purchase requirement under section 102 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a) to such properties;
(2) educating property owners regarding the flood risk and
reduction of this risk in their community, including the
continued flood risks to areas that are no longer subject to
the flood insurance mandatory purchase requirement;
(3) educating property owners regarding the benefits and
costs of maintaining or acquiring flood insurance, including,
where applicable, lower-cost preferred risk policies under the
National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.)
for such properties and the contents of such properties;
(4) educating property owners about flood map revisions and
the process available to such owners to appeal proposed changes
in flood elevations through their community; and
(5) encouraging property owners to maintain or acquire
flood insurance coverage. | Flood Insurance Affordability and Risk Notification Act - Amends the Flood Disaster Protection Act of 1973 to delay, for a five-year period, the effective date for the mandatory purchase of flood insurance for certain new flood hazard areas not previously designated as having special flood hazards (with "100-year floodplains"). Limits such delay to geographic areas whose state or local governments have developed an evacuation plan and implemented an outreach and communication plan to advise occupants of flood risks and evacuation routes.
Makes the preferred risk rate method premium available for flood insurance coverage for properties located in such areas during such five-year time period.
Amends the National Flood Insurance Act of 1968 to set forth a five-year phase-in of flood insurance rates for newly mapped areas not previously designated as having special flood hazards.
Directs the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) work to enhance communication and outreach to states, local communities, and property owners about the effects of any potential changes or updates to National Flood Insurance Program rate maps, including their effects on flood insurance purchase requirements; (2) engage with local communities to enhance communication and outreach to their residents; and (3) make certain information available to the public on the FEMA website, including information on the availability and cost of flood insurance. | {"src": "billsum_train", "title": "A bill to delay the effective date of the mandatory purchase requirement for new flood hazard areas, and for other purposes."} | 1,830 | 273 | 0.585827 | 1.629972 | 0.950627 | 4.27907 | 6.77907 | 0.922481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neotropical Migratory Bird
Conservation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) birds constitute one of the most widely recognized
and appreciated components of North American wildlife;
(B) approximately 25,000,000 Americans travel to observe
birds; and
(C) more than 60,000,000 adult Americans watch and feed
birds at home;
(2) birds--
(A) are key indicators of environmental health;
(B) play important roles in plant pollination and
seed dispersal;
(C) serve as critical links in the food web; and
(D) maintain the health of the environment;
(3)(A) healthy bird populations provide important economic
benefits, such as control of noxious insects on agricultural
crops, thereby preventing hundreds of millions of dollars in
economic losses each year to farming and timber interests; and
(B) more than $20,000,000,000 is spent in the United States
each year on watching and feeding birds;
(4)(A) despite their irreplaceable value, many North
American bird species, once considered common, are in decline;
(B) 90 North American bird species are listed as endangered
or threatened in the United States;
(C) another 124 North American bird species are of high
conservation concern; and
(D) Mexico's Secretariat of Environment, Natural Resources
and Fisheries lists approximately 390 bird species as being
endangered, threatened, vulnerable, or rare;
(5)(A) of the nearly 800 bird species known to occur in the
United States, approximately 500 migrate among nations;
(B) the large majority of those species, the neotropical
migrants, winter in Latin America and the Caribbean; and
(C) neotropical migrants in particular have received much
attention because of their population declines;
(6)(A) the primary reason for the declines is habitat loss
and degradation (including pollution and contamination);
(B) because neotropical migrants range across numerous
international borders each year, their conservation requires
that safeguards be established at both ends of the migration
routes, as well as at critical stopover areas along the way;
and
(C) establishing such safeguards necessitates the joint
commitment and effort of all nations that support those
species, as well as all levels of society; and
(7) this Act constitutes an effort on the part of the
United States to adopt appropriate measures for the protection
of migratory birds in collaboration with--
(A) neighboring nations that are parties to the
Convention Respecting Nature Protection and Wildlife
Preservation in the Western Hemisphere, done at the Pan
American Union, Washington, October 12, 1940 (56 Stat.
1354); and
(B) States, conservation organizations,
corporations and business interests, and other private
entities.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to assist in the conservation of neotropical migratory
birds by supporting neotropical migratory bird conservation
programs in Latin America, the Caribbean, and the United States
with a focus on reversing habitat loss and degradation;
(2) to promote partnerships between Federal, State, and
nongovernmental entities in the United States in the
conservation of neotropical migratory birds;
(3) to foster active governmental and nongovernmental
participation in neotropical migratory bird conservation by
cooperating countries throughout Latin America and the
Caribbean;
(4) to promote circumstances under which the conservation
of neotropical migratory birds in Latin America and the
Caribbean may be carried out by local entities;
(5) to provide financial resources for projects that
support neotropical migratory bird conservation;
(6) to promote the effective conservation of neotropical
migratory birds in the Western Hemisphere through collaboration
at all levels of society; and
(7) to link, bolster, and augment successful existing
neotropical migratory bird conservation efforts, rather than
creating new and separate initiatives.
SEC. 4. CONSERVATION ASSISTANCE.
(a) In General.--The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service (referred to in
this Act as the ``Secretary''), shall establish a program to provide
financial assistance for projects to promote the conservation of
neotropical migratory birds.
(b) Project Applicants.--An entity that is eligible to receive
financial assistance for a project under this Act is an entity that--
(1) is--
(A) a Federal, State, or local governmental entity
of the United States;
(B) a United States nongovernmental organization,
corporation or business interest, or other private
entity;
(C) a governmental or nongovernmental organization,
corporation or business interest, or other private
entity in Latin America or the Caribbean; or
(D) an international organization that is dedicated
to achieving the purposes of this Act; and
(2) submits a project proposal to the Secretary.
(c) Project Proposals.--Each project proposal shall--
(1) demonstrate that the project will enhance the
conservation of neotropical migratory birds in Latin America,
the Caribbean, or the United States by focusing on reversing
habitat loss and degradation;
(2) include mechanisms to ensure adequate local public
participation in project development and implementation;
(3) contain assurances that the project will be implemented
in consultation with appropriate local and other government
officials with jurisdiction over the resources addressed by the
project;
(4) demonstrate sensitivity to local historic and cultural
resources and comply with applicable laws; and
(5) provide any other information that the Secretary
considers to be necessary for evaluating the proposal.
(d) Project Sustainability.--To the maximum extent practicable,
each project shall aim to support or establish such structures as are
necessary to ensure achievement of conservation objectives specified in
this Act, including the long-term operation and maintenance of the
project by local entities in the country in which the project is
carried out.
(e) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of each
project shall be not greater than 33 percent.
(2) Non-federal share.--
(A) Payment by united states and international
entities.--Not less than 50 percent of the non-Federal
share of the costs of each project shall be covered
by--
(i) United States nongovernmental
organizations;
(ii) international nongovernmental
organizations;
(iii) States of the United States and other
United States non-Federal entities; and
(iv) corporations, business interests, and
other private entities.
(B) Payment by local entities.--In addition to the
non-Federal share provided under subparagraph (A), the
entity submitting the proposal for a project to be
assisted under this Act shall obtain matching support
from local entities in the country in which the project
is carried out, including corporations and business
interests, sufficient to pay not less than 50 percent
of the non-Federal share of the costs of the project.
(C) Form of payment by united states and
international entities.--In the case of a project
submitted by an entity in the United States, the non-
Federal share shall be paid in cash. In the case of a
project submitted by any other entity, the non-Federal
share may be provided in the form of cash or in-kind
contributions.
SEC. 5. NEOTROPICAL MIGRATORY BIRD ADVISORY COMMITTEE.
(a) Establishment.--There is established a Neotropical Migratory
Bird Advisory Committee (referred to in this Act as the ``Committee'')
to assist in carrying out this Act.
(b) Membership.--
(1) Voting members.--The Committee shall have 14 voting
members, appointed as follows:
(A) 8 members appointed by the Secretary, 1 of whom
shall be designated by the Secretary to chair the
Committee. Six of the members appointed under this
subparagraph shall be appointed from individuals
representing non-Federal entities having a strong
interest in neotropical bird conservation. Members
appointed under this subparagraph shall serve a term of
2 years. Appointments under this subparagraph shall be
rotated among various non-Federal entities.
(B) 1 member appointed by the International
Association of Fish and Wildlife Agencies, who shall
not be required to be an officer or employee of the
Association.
(C) 1 member appointed by the National Fish and
Wildlife Foundation established by the National Fish
and Wildlife Foundation Establishment Act (16 U.S.C.
3701 et seq.), who shall not be required to be an
officer or employee of the Foundation.
(D) 1 member appointed by the Speaker of the House
of Representatives.
(E) 1 member appointed by the Majority Leader of
the Senate.
(F) 1 member appointed by the Director of the
Agency for International Development.
(G) 1 member appointed by the Secretary of State.
(2) Nonvoting member.--The Secretary shall ensure that one
representative of Canada is allowed to attend meetings of the
Committee as an observer.
(A) In general.--The Committee shall include 3
nonvoting members appointed by the Director of the
United States Fish and Wildlife Service, each of whom--
(i) is a native and resident of Latin
America or the Caribbean; and
(ii) is actively involved in local
conservation efforts in Latin America or the
Caribbean.
(B) Conditions of service as member.--The member
described in subparagraph (A) shall serve in an
advisory capacity and for a 2-year term.
(c) Duties.--The Committee shall--
(1) assist in the development of guidelines for the
solicitation of proposals for projects eligible for financial
assistance under section 4;
(2) promote participation in the program established under
section 4 by public and private non-Federal entities;
(3) review and recommend to the Secretary proposals for
financial assistance that meet the requirements specified in
section 4 and any other criteria established by the Committee;
and
(4) coordinate and facilitate grant processes under this
Act among entities involved in neotropical bird conservation.
(d) Meetings.--The Committee shall hold such meetings as are
necessary to carry out the duties of the Committee.
(e) Compensation.--
(1) In general.--Subject to paragraph (2), a member of the
Committee shall not receive any compensation for the service of
the member on the Committee.
(2) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of services for the Committee.
(f) Eligibility for Financial Assistance.--An entity represented by
a member of the Committee shall not be eligible to receive financial
assistance under this Act.
SEC. 6. DUTIES OF SECRETARY.
(a) Assistance to Committee.--The Secretary shall facilitate
consideration of projects described in section 4(a) by the Committee
and otherwise assist the Committee in carrying out its duties under
this Act.
(b) Other Duties.--In carrying out this Act, the Secretary shall--
(1) develop and oversee agreements to provide financial
assistance under section 4;
(2) seek cooperators described in section 7;
(3) translate documents into Spanish as necessary; and
(4) generally manage implementation of this Act.
(c) Funding.--The Secretary may use funds described in section 9(b)
to carry out this section.
SEC. 7. COOPERATION.
In carrying out this Act, the Secretary shall cooperate with
appropriate entities, including--
(1) appropriate officials in countries where projects
authorized by this Act are proposed to be carried out or are
being carried out;
(2) the heads of other Federal agencies; and
(3) entities carrying out, as of the date of enactment of
this Act, initiatives that support bird conservation in Latin
America and the Caribbean, such as Partners in Flight, the
North American Waterfowl Management Plan, the Western
Hemisphere Shorebird Reserve Network, Winged Ambassadors, the
Latin America small grants program of the American Bird
Conservancy, and Wings of the Americas.
SEC. 8. REPORT TO CONGRESS.
Not later than December 31, 2002, the Secretary shall submit to
Congress a report on the results and effectiveness of the program
carried out under this Act, including recommendations concerning how
the Act might be improved and whether the program should be continued.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $4,000,000 for each of fiscal years 1999 through 2001, to
remain available until expended.
(b) Administrative Expenses.--For each fiscal year, of the amounts
made available to carry out this Act under subsection (a), the
Secretary may use not more than 10 percent to pay administrative
expenses incurred in carrying out this Act. | Neotropical Migratory Bird Conservation Act - Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds.
Makes the following entities that submit project proposals to the Secretary eligible for such assistance: (1) Federal, State, or local governmental entities or private entities; (2) governmental or private entities in Latin America or the Caribbean; or (3) international organizations that are dedicated to achieving this Act's purposes.
Limits the Federal share of project costs to 33 percent.
Establishes a Neotropical Migratory Bird Advisory Committee to carry out specified duties with respect to projects and assistance.
Authorizes appropriations to carry out this Act for FY 1999 through 2001. | {"src": "billsum_train", "title": "Neotropical Migratory Bird Conservation Act"} | 2,810 | 181 | 0.497872 | 1.3304 | 0.712543 | 3.346405 | 17.196078 | 0.941176 |
SECTION 1. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVER PROJECTS.
(a) Definitions.--In this section:
(1) Apalachicola-Chattahoochee-Flint projects.--The term
``Apalachicola-Chattahoochee-Flint projects'' means the Federal
water resources projects for the Apalachicola, Chattahoochee,
and Flint Rivers in the States of Alabama, Florida, and Georgia
authorized by section 2 of the Act of March 2, 1945 (59 Stat.
17, chapter 19), the first section of the Act of July 24, 1946
(60 Stat. 635, chapter 595), and section 203 of the Flood
Control Act of 1962 (Public Law 87-874; 76 Stat. 1182),
including--
(A) Buford Dam and Reservoir;
(B) West Point Dam and Reservoir;
(C) George W. Andrews Dam and Reservoir;
(D) Walter F. George Dam and Reservoir; and
(E) Jim Woodruff Dam and Reservoir.
(2) Freshwater flows.--The term ``freshwater flows'' means
the quality, quantity, timing, and variability of freshwater
flows required--
(A) to support and reestablish--
(i) the physical, chemical, biological, and
overall ecological integrity of the components,
functions, and natural processes required for a
thriving and resilient Chattahoochee River,
Apalachicola River, Apalachicola River
floodplain, and Apalachicola Bay;
(ii) commercial and recreational fisheries
dependent on freshwater flows into Apalachicola
Bay and adjacent waters, including the Gulf of
Mexico; and
(iii) thriving and diverse fish, wildlife,
and plant populations with species composition,
diversity, adaptability, and functional
organization similar to those found in the
Chattahoochee River and Apalachicola River
ecosystems prior to the construction of the
Apalachicola-Chattahoochee-Flint projects;
(B) to restore and recover species that are--
(i) endangered;
(ii) threatened; or
(iii) at risk; and
(C) to prevent significantly harmful adverse
impacts to the Chattahoochee River and Apalachicola
River ecosystems.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Project Modification.--Notwithstanding any authorized purpose
of the Apalachicola-Chattahoochee-Flint projects, the Secretary shall
operate the Apalachicola-Chattahoochee-Flint projects in a manner that
ensures the maintenance of freshwater flows.
(c) Freshwater Flows Study.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall enter into an
arrangement with the Administrator of the National Oceanic and
Atmospheric Administration under which the Administrator shall
conduct a study that--
(A) evaluates existing studies, assessments, and
data related to freshwater flows; and
(B) provides recommendations on how to maintain
freshwater flows.
(2) Completion date.--The study referred to in paragraph
(1) shall be completed by not later than 1 year after the date
of enactment of this Act.
(d) Revision of Water Control Manuals.--
(1) In general.--The Secretary--
(A) shall not issue a final water control manual
based on the final environmental impact statement of
the Secretary entitled ``Update of the Water Control
Manual for the Apalachicola-Chattahoochee-Flint River
Basin in Alabama, Florida, and Georgia and a Water
Supply Storage Assessment'' and dated December 2016;
and
(B) not later than 2 years after the date of
enactment of this Act, shall issue revised water
control manuals for Apalachicola-Chattahoochee-Flint
projects that ensure the maintenance of freshwater
flows, considering the findings of the study under
subsection (c)(1), as appropriate.
(2) Operational modifications.--In carrying out paragraph
(1), the Secretary shall ensure that operational modifications
needed to maintain freshwater flows are achieved, to the
maximum extent practicable, while providing system-wide balance
in conservation storage through the maintenance of water levels
in the same action zone for each of the Apalachicola-
Chattahoochee-Flint project reservoirs.
(3) Independent peer review of water control manuals.--
(A) In general.--The Secretary shall enter into an
arrangement with the National Academy of Sciences under
which the Academy shall carry out an independent peer
review of each revised water control manual, as
required under section 2034 of the Water Resources
Development Act of 2007 (33 U.S.C. 2343).
(B) Compliance.--Each independent peer review
carried out under this paragraph shall comply with
section 2034 of the Water Resources Development Act of
2007 (33 U.S.C. 2343).
(4) Final approval.--Before a final water control manual
may be issued, the Secretary shall obtain written approval of
each water control manual developed under this subsection
from--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Director of the United States Fish and
Wildlife Service;
(C) the Administrator of the National Oceanic and
Atmospheric Administration; and
(D) the Director of the United States Geological
Survey.
(e) Applicability of Other Federal and State Laws.--Except as
provided in subsection (b), nothing in this section waives, limits, or
otherwise affects the applicability of any provision of Federal or
State law that would otherwise apply to the Apalachicola-Chattahoochee-
Flint projects.
(f) Project Clarification.--Notwithstanding any other provision of
law, the project purpose of ``fish and wildlife conservation'' for the
Apalachicola-Chattahoochee-Flint projects means protecting and
restoring thriving and diverse populations of the full range of native
fish and wildlife species that use the Apalachicola River and
floodplain and the Chattahoochee River and floodplain, including
through actions such as restoring the functions of natural systems and
mimicking the timing, amount, and variability of natural flows. | This bill directs the U.S. Army Corps of Engineers to operate the federal water resources projects on the Apalachicola, Chattahoochee, and Flint Rivers in Alabama, Florida, and Georgia in a manner that ensures the maintenance of freshwater flows. The term "freshwater flows" is defined as the quality, quantity, timing, and variability of freshwater flows required to: (1) support and reestablish the ecological integrity of the rivers, commercial and recreational fisheries dependent on freshwater flows into Apalachicola Bay and adjacent waters, and thriving and diverse fish, wildlife, and plant populations similar to those found prior to construction of the projects; (2) restore and recover species that are endangered, threatened, or at risk; and (3) prevent significantly harmful adverse impacts to the Chattahoochee and Apalachicola River ecosystems. The Corps of Engineers must enter into an arrangement for the National Oceanic and Atmospheric Administration (NOAA) to conduct a study that evaluates existing data related to freshwater flows and provides recommendations on how to maintain such flows. The Corps shall not issue a final water control manual based on the final environmental impact statement titled "Update of the Water Control Manual for the Apalachicola-Chattahoochee-Flint River Basin in Alabama, Florida, and Georgia and a Water Supply Storage Assessment," dated December 2016, but shall: (1) issue revised water control manuals for such projects that ensure the maintenance of freshwater flows, considering the findings of NOAA's study; (2) ensure that operational modifications needed to maintain freshwater flows are achieved while providing system-wide balance in conservation storage through the maintenance of water levels in the same action zone for each of the project reservoirs; (3) enter into an arrangement for the National Academy of Sciences to carry out an independent peer review of each revised manual; and (4) obtain written approval from the Environmental Protection Agency, the U.S. Fish and Wildlife Service, NOAA, and the U.S. Geological Survey of each manual developed before a final manual may be issued. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Army to provide for modification of certain Federal water resources development projects on the Apalachicola, Chattahoochee, and Flint Rivers, and for other purposes."} | 1,424 | 458 | 0.704049 | 2.460147 | 0.848066 | 4.268421 | 3.052632 | 0.926316 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Goods Job Growth and
Competitiveness Act of 2006''.
SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED IN A TRADE OR
BUSINESS.
(a) In General.--Except as otherwise provided in this Act--
(1) no civil action may be filed against the manufacturer
or seller of a durable good for damage to property allegedly
caused by that durable good if the damage to property occurred
more than 12 years after the date on which the durable good was
delivered to its first purchaser or lessee; and
(2) no civil action may be filed against the manufacturer
or seller of a durable good for damages for death or personal
injury allegedly caused by that durable good if the death or
personal injury occurred more than 12 years after the date on
which the durable good was delivered to its first purchaser or
lessee and if--
(A) the claimant has received or is eligible to
receive worker compensation; and
(B) the injury does not involve a toxic harm
(including, but not limited to, any asbestos-related
harm).
(b) Exceptions.--
(1) In general.--A motor vehicle, vessel, aircraft, or
train, that is used primarily to transport passengers for hire,
shall not be subject to this Act.
(2) Certain express warranties.--This Act does not bar a
civil action against a defendant who made an express warranty
in writing, for a period of more than 12 years, as to the
safety or life expectancy of a specific product, except that
this Act shall apply at the expiration of that warranty.
(3) Aviation limitations period.--This Act does not affect
the limitations period established by the General Aviation
Revitalization Act of 1994 (49 U.S.C. 40101 note).
(4) Actions involving the environment.--Subsection (a)(1)
does not supersede or modify any statute or common law that
authorizes an action for civil damages, cost recovery, or any
other form of relief for remediation of the environment (as
defined in section 101(8) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(8)).
(5) Regulatory actions.--This Act does not affect
regulatory enforcement actions brought by State or Federal
agencies.
(6) Actions involving fraudulent concealment.--This Act
does not bar a civil action against a manufacturer or seller of
a durable good who fraudulently concealed a defect in the
durable good.
(c) Effect on State Law; Preemption.--Subject to subsection (b),
this Act preempts and supersedes any State law that establishes a
statute of repose to the extent such law applies to actions covered by
this Act. Any action not specifically covered by this Act shall be
governed by applicable State or other Federal law.
(d) Transitional Provision Relating to Extension of Repose
Period.--To the extent that this Act shortens the period during which a
civil action could otherwise be brought pursuant to another provision
of law, the claimant may, notwithstanding this Act, bring the action
not later than 1 year after the date of the enactment of this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Claimant.--The term ``claimant'' means any person who
brings an action covered by this Act and any person on whose
behalf such an action is brought. If such an action is brought
through or on behalf of an estate, the term includes the
claimant's decedent. If such an action is brought through or on
behalf of a minor or incompetent, the term includes the
claimant's legal guardian.
(2) Durable good.--The term ``durable good'' means any
product, or any component of any such product, which--
(A)(i) has a normal life expectancy of 3 or more
years; or
(ii) is of a character subject to allowance for
depreciation under the Internal Revenue Code of 1986;
and
(B) is--
(i) used in a trade or business;
(ii) held for the production of income; or
(iii) sold or donated to a governmental or
private entity for the production of goods,
training, demonstration, or any other similar
purpose.
(3) Fraudulently concealed.--With respect to a durable
good, the term ``fraudulently concealed'' means that--
(A) the manufacturer or seller of the durable good
had actual knowledge of a defect in the durable good;
(B) the defect in the durable good was the
proximate cause of the harm to the claimant; and
(C) the manufacturer or seller of the durable good
affirmatively suppressed or hid, with the intent to
deceive or defraud, the existence of such defect.
(4) Seller.--The term ``seller'' means any dealer,
retailer, wholesaler, or distributer in the stream of commerce
of a durable good concluding with the sale or lease of the
durable good to the first end-user.
(5) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
Guam, American Samoa, any other territory or possession of the
United States, and any political subdivision of any of the
foregoing.
SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
(a) Effective Date.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act without
regard to whether the damage to property or death or personal injury at
issue occurred before such date of enactment.
(b) Application of Act.--This Act shall not apply with respect to
civil actions commenced before the date of the enactment of this Act. | Workplace Goods Job Growth and Competitiveness Act of 2006 - Prohibits the filing of a civil action against a manufacturer or seller of a durable good (except a motor vehicle, vessel, aircraft, or train that is used primarily to transport passengers for hire) more than 12 years after it was delivered to its first purchaser or lessee for: (1) damage to property allegedly caused by that good; or (2) damages for death or personal injury allegedly caused by that good if the claimant has received or is eligible to receive worker compensation and the injury does not involve a toxic harm (including, but not limited to, any asbestos-related harm).
Declares that this Act: (1) shall not bar an action against a defendant who made an express warranty in writing as to the safety or life expectancy of a specific product for a period of more than 12 years (except that this Act shall apply at the expiration of such warranty); (2) does not affect the limitations period established by the General Aviation Revitalization Act of 1994; (3) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment; (4) does not affect regulatory enforcement actions brought by state or federal agencies; and (5) does not bar a civil action against a manufacturer or seller of a durable good who fraudulently concealed a defect in it. | {"src": "billsum_train", "title": "To establish a statute of repose for durable goods used in a trade or business."} | 1,315 | 305 | 0.771266 | 2.53496 | 0.787498 | 6.409894 | 4.144876 | 0.982332 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Chemical Facilities
Antiterrorism Security Act of 2010''.
SEC. 2. EXTENSION OF CHEMICAL FACILITIES ANTITERRORISM SECURITY
PROGRAM.
(a) In General.--Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by
striking ``October 4, 2010'' and inserting ``October 4, 2015''.
(b) Chemical Facility Security Enhancements.--
(1) In general.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the
following:
``TITLE XXI--CHEMICAL FACILITY SECURITY
``SEC. 2101. CHEMICAL SECURITY TRAINING PROGRAM.
``(a) Establishment.--Acting through the Administrator of the
Federal Emergency Management Agency and in coordination with the Under
Secretary for National Protection and Programs, the Secretary shall
establish a voluntary chemical security training program (referred to
in this section as the `training program') for the purpose of enhancing
the capabilities of high-risk chemical facilities to prevent, prepare
for, respond to, mitigate against, and recover from threatened or
actual acts of terrorism, natural disasters, and other man-made
disasters.
``(b) Requirements.--The training program shall provide validated
voluntary training that--
``(1) reaches multiple disciplines, including Federal,
State, and local government officials, commercial personnel and
management, and governmental and nongovernmental emergency
response providers;
``(2) provides training at the awareness, performance, and
management and planning levels;
``(3) uses multiple training mediums and methods;
``(4) is coordinated with training provided by government
training facilities, academic institutions, private
organizations, and other entities that provide specialized,
state-of-the-art training for governmental and nongovernmental
emergency responder providers or commercial personnel and
management;
``(5) uses, as appropriate, government training facilities,
courses provided by community colleges, public safety
academies, State and private universities, and other
facilities;
``(6) is consistent with, and supports implementation of,
the National Incident Management System, the National Response
Framework, the National Infrastructure Protection Plan, the
National Preparedness Guidance, the National Preparedness Goal,
the National Maritime Transportation Security Plan, and other
such national initiatives, and any successors thereto;
``(7) is evaluated against clear and consistent performance
measures;
``(8) addresses security requirements under chemical
facility security plans; and
``(9) educates, trains, and involves individuals in
neighborhoods around chemical facilities on how to observe and
report security risks.
``SEC. 2102. CHEMICAL SECURITY EXERCISE PROGRAM.
``(a) In General.--Acting through the Administrator of the Federal
Emergency Management Agency and in coordination with Under Secretary
for National Protection and Programs, the Secretary shall develop a
voluntary chemical security exercise program (referred to in this
section as the `exercise program') for the purpose of offering
voluntary testing and evaluation of the capabilities of the Federal
Government, State governments, commercial personnel and management,
governmental and nongovernmental emergency response providers, the
private sector, or any other organization or entity, as the Secretary
determines to be appropriate, to prevent, prepare for, mitigate
against, respond to, and recover from acts of terrorism, natural
disasters, and other emergencies at chemical facilities.
``(b) Requirements.--Under the exercise program, the Secretary
shall conduct, on a periodic basis, voluntary joint security exercises
at chemical facilities that are--
``(1) scaled and tailored to the needs of each chemical
facility;
``(2) for the highest risk chemical facilities, as
determined by the Secretary, live training exercises;
``(3) as realistic as practicable and based on current risk
assessments, including credible threats, vulnerabilities, and
consequences;
``(4) consistent with the National Incident Management
System, the National Response Framework, the National
Infrastructure Protection Plan, the National Preparedness
Guidance, the National Preparedness Goal, the National Maritime
Transportation Security Plan, and other such national
initiatives, and any successors thereto;
``(5) evaluated against clear and consistent performance
measures;
``(6) assessed to learn best practices, which shall be
shared with appropriate Federal, State, and local officials,
commercial personnel and management, governmental and
nongovernmental emergency response providers, and the private
sector;
``(7) followed by remedial action in response to lessons
learned; and
``(8) designed to assist State and local governments and
chemical facilities in designing, implementing, and evaluating
exercises that--
``(A) conform to the requirements of this
paragraph; and
``(B) are consistent with any applicable Buffer
Zone Protection Plan, State homeland security plan, or
urban area homeland security plan.
``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary such
sums as are necessary to carry out this title.''.
(2) Table of contents.--The table of contents in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by inserting after the item relating to section 2022
the following:
``TITLE XXI--CHEMICAL FACILITY SECURITY
``Sec. 2101. Chemical security training program.
``Sec. 2102. Chemical security exercise program.
``Sec. 2103. Authorization of appropriations.''. | Continuing Chemical Facilities Antiterrorism Security Act of 2010 - Amends the Department of Homeland Security Appropriations Act, 2007 to extend until October 4, 2015, the authority of the Secretary of Homeland Security (DHS) to issue interim final regulations establishing risk-based performance standards for security of chemical facilities and requiring vulnerability assessments and the development and implementation of site security plans for such facilities.
Requires the Secretary, acting through the Administrator of the Federal Emergency Management Agency (FEMA) and in coordination with the Under Secretary for National Protection and Programs, to: (1) establish a voluntary chemical security training program to enhance the capabilities of high-risk chemical facilities to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism, natural disasters, and other man-made disasters; and (2) develop a voluntary chemical security exercise program to offer voluntary testing and evaluation of the capabilities of the federal government, state governments, commercial personnel and management, emergency response providers, and the private sector to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at chemical facilities. | {"src": "billsum_train", "title": "To extend the chemical facility security program of the Department of Homeland Security, and for other purposes."} | 1,252 | 241 | 0.715354 | 1.865041 | 0.849771 | 6.058296 | 5.165919 | 0.910314 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Geologic Mapping
Reauthorization Act of 2005''.
SEC. 2. FINDINGS.
Section 2(a) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31a(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) although significant progress has been made in the
production of geologic maps since the establishment of the
national cooperative geologic mapping program in 1992, no
modern, digital, geologic map exists for approximately 75
percent of the United States;''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by inserting ``homeland
and'' after ``planning for'';
(B) in subparagraph (E), by striking ``predicting''
and inserting ``identifying'';
(C) in subparagraph (I), by striking ``and'' after
the semicolon at the end;
(D) by redesignating subparagraph (J) as
subparagraph (K); and
(E) by inserting after subparagraph (I) the
following:
``(J) recreation and public awareness; and''; and
(3) in paragraph (9), by striking ``important'' and
inserting ``available''.
SEC. 3. PURPOSE.
Section 2(b) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31a(b)) is amended by inserting ``and management'' before the
period at the end.
SEC. 4. DEADLINES FOR ACTIONS BY THE UNITED STATES GEOLOGICAL SURVEY.
Section 4(b)(1) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31c(b)(1)) is amended in the second sentence--
(1) in subparagraph (A), by striking ``not later than'' and
all that follows through the semicolon and inserting ``not
later than 1 year after the date of enactment of the National
Geologic Mapping Reauthorization Act of 2005;'';
(2) in subparagraph (B), by striking ``not later than'' and
all that follows through ``in accordance'' and inserting ``not
later than 1 year after the date of enactment of the National
Geologic Mapping Reauthorization Act of 2005 in accordance'';
and
(3) in the matter preceding clause (i) of subparagraph (C),
by striking ``not later than'' and all that follows through
``submit'' and inserting ``submit biennially''.
SEC. 5. GEOLOGIC MAPPING PROGRAM OBJECTIVES.
Section 4(c)(2) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31c(c)(2)) is amended--
(1) by striking ``geophysical-map data base, geochemical-
map data base, and a''; and
(2) by striking ``provide'' and inserting ``provides''.
SEC. 6. GEOLOGIC MAPPING PROGRAM COMPONENTS.
Section 4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992
(43 U.S.C. 31c(d)(1)(B)(ii)) is amended--
(1) in subclause (I), by striking ``and'' after the
semicolon at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(III) the needs of land
management agencies of the Department
of the Interior.''.
SEC. 7. GEOLOGIC MAPPING ADVISORY COMMITTEE.
(a) Membership.--Section 5(a) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31d(a)) is amended--
(1) in paragraph (2)--
(A) by inserting ``the Secretary of the Interior or
a designee from a land management agency of the
Department of the Interior,'' after ``Administrator of
the Environmental Protection Agency or a designee,'';
(B) by inserting ``and'' after ``Energy or a
designee,''; and
(C) by striking ``, and the Assistant to the
President for Science and Technology or a designee'';
and
(2) in paragraph (3)--
(A) by striking ``Not later than'' and all that
follows through ``consultation'' and inserting ``In
consultation'';
(B) by striking ``Chief Geologist, as Chairman''
and inserting ``Associate Director for Geology, as
Chair''; and
(C) by striking ``one representative from the
private sector'' and inserting ``2 representatives from
the private sector''.
(b) Duties.--Section 5(b) of the National Geologic Mapping Act of
1992 (43 U.S.C. 31d(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) provide a scientific overview of geologic maps
(including maps of geologic-based hazards) used or disseminated
by Federal agencies for regulation or land-use planning; and''.
(c) Conforming Amendment.--Section 5(a)(1) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended by striking ``10-
member'' and inserting ``11-member''.
SEC. 8. FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATABASE.
Section 7(a) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31f(a)) is amended--
(1) in paragraph (1), by striking ``geologic map'' and
inserting ``geologic-map''; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) all maps developed with funding provided by
the National Cooperative Geologic Mapping Program,
including under the Federal, State, and education
components;''.
SEC. 9. BIENNIAL REPORT.
Section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C.
31g) is amended by striking ``Not later'' and all that follows through
``biennially'' and inserting ``Not later than 3 years after the date of
enactment of the National Geologic Mapping Reauthorization Act of 2005
and biennially''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION.
Section 9 of the National Geologic Mapping Act of 1992 (43 U.S.C.
31h) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated to carry
out this Act $64,000,000 for each of fiscal years 2006 through 2015.'';
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``2000'' and inserting ``2005'';
(B) in paragraph (1), by striking ``48'' and
inserting ``50''; and
(C) in paragraph (2), by striking 2 and inserting
``4''.
Passed the Senate November 16, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 485
_______________________________________________________________________
AN ACT
To reauthorize and amend the National Geologic Mapping Act of 1992. | National Geologic Mapping Reauthorization Act of 2005 - Amends the National Geologic Mapping Act of 1992 to extend deadlines for development of a five-year strategic plan for the geologic mapping program and for appointment of the advisory committee.
Removes from program objectives the development of a geophysical- and geochemical-map database. Directs that mapping priorities be based in part on the needs of the Department of the Interior land management agencies.
Modifies the composition of the advisory committee and increases the number of members on such committee. Requires the advisory committee to provide a scientific overview of geologic maps (including maps of geologic-based hazards) used or disseminated by federal agencies for regulation or land-use planning. Directs that the national geologic map database include all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the federal, state, and education components.
Authorizes appropriations for each of FY2006-FY2015. Increases the percentages allocated for the state and education components. | {"src": "billsum_train", "title": "A bill to reauthorize and amend the National Geologic Mapping Act of 1992."} | 1,803 | 227 | 0.541336 | 1.493927 | 0.613935 | 3.967568 | 8.481081 | 0.832432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Flow of Information Act of
2007''.
SEC. 2. COMPELLED DISCLOSURE FROM COVERED PERSONS.
(a) Conditions for Compelled Disclosure.--In any matter arising
under Federal law, a Federal entity may not compel a covered person to
provide testimony or produce any document related to information
obtained or created by such covered person as part of engaging in
journalism, unless a court determines by a preponderance of the
evidence, after providing notice and an opportunity to be heard to such
covered person--
(1) that the party seeking to compel production of such
testimony or document has exhausted all reasonable alternative
sources (other than the covered person) of the testimony or
document;
(2) that--
(A) in a criminal investigation or prosecution,
based on information obtained from a person other than
the covered person--
(i) there are reasonable grounds to believe
that a crime has occurred; and
(ii) the testimony or document sought is
critical to the investigation or prosecution or
to the defense against the prosecution; or
(B) in a matter other than a criminal investigation
or prosecution, based on information obtained from a
person other than the covered person, the testimony or
document sought is critical to the successful
completion of the matter;
(3) in the case that the testimony or document sought could
reveal the identity of a source of information or include any
information that could reasonably be expected to lead to the
discovery of the identity of such a source, that--
(A) disclosure of the identity of such a source is
necessary to prevent, or to identify any perpetrator
of, an act of terrorism against the United States or
its allies or other significant and specified harm to
national security with the objective to prevent such
harm;
(B) disclosure of the identity of such a source is
necessary to prevent imminent death or significant
bodily harm with the objective to prevent such death or
harm, respectively;
(C) disclosure of the identity of such a source is
necessary to identify a person who has disclosed--
(i) a trade secret, actionable under
section 1831 or 1832 of title 18, United States
Code;
(ii) individually identifiable health
information, as such term is defined in section
1171(6) of the Social Security Act (42 U.S.C.
1320d(6)), actionable under Federal law; or
(iii) nonpublic personal information, as
such term is defined in section 509(4) of the
Gramm-Leach-Biley Act (15 U.S.C. 6809(4)), of
any consumer actionable under Federal law; or
(D)(i) disclosure of the identity of such a source
is essential to identify in a criminal investigation or
prosecution a person who without authorization
disclosed properly classified information and who at
the time of such disclosure had authorized access to
such information; and
(ii) such unauthorized disclosure has caused or
will cause significant and articulable harm to the
national security; and
(4) that the public interest in compelling disclosure of
the information or document involved outweighs the public
interest in gathering or disseminating news or information.
(b) Authority to Consider National Security Interest.--For purposes
of making a determination under subsection (a)(4), a court may consider
the extent of any harm to national security.
(c) Limitations on Content of Information.--The content of any
testimony or document that is compelled under subsection (a) shall--
(1) not be overbroad, unreasonable, or oppressive and, as
appropriate, be limited to the purpose of verifying published
information or describing any surrounding circumstances
relevant to the accuracy of such published information; and
(2) be narrowly tailored in subject matter and period of
time covered so as to avoid compelling production of
peripheral, nonessential, or speculative information.
(d) Rule of Construction.--Nothing in this Act shall be construed
as applying to civil defamation, slander, or libel claims or defenses
under State law, regardless of whether or not such claims or defenses,
respectively, are raised in a State or Federal court.
(e) Exception Relating to Criminal or Tortious Conduct.--The
provisions of this section shall not prohibit or otherwise limit a
Federal entity in any matter arising under Federal law from compelling
a covered person to disclose any information, record, document, or item
obtained as the result of the eyewitness observation by the covered
person of alleged criminal conduct or as the result of the commission
of alleged criminal or tortious conduct by the covered person,
including any physical evidence or visual or audio recording of the
conduct, if a Federal court determines that the party seeking to compel
such disclosure has exhausted all other reasonable efforts to obtain
the information, record, document, or item, respectively, from
alternative sources. The previous sentence shall not apply, and
subsections (a) and (b) shall apply, in the case that the alleged
criminal conduct observed by the covered person or the alleged criminal
or tortious conduct committed by the covered person is the act of
transmitting or communicating the information, record, document, or
item sought for disclosure.
SEC. 3. COMPELLED DISCLOSURE FROM COMMUNICATIONS SERVICE PROVIDERS.
(a) Conditions for Compelled Disclosure.--With respect to testimony
or any document consisting of any record, information, or other
communication that relates to a business transaction between a
communications service provider and a covered person, section 2 shall
apply to such testimony or document if sought from the communications
service provider in the same manner that such section applies to any
testimony or document sought from a covered person.
(b) Notice and Opportunity Provided to Covered Persons.--A court
may compel the testimony or disclosure of a document under this section
only after the party seeking such a document provides the covered
person who is a party to the business transaction described in
subsection (a)--
(1) notice of the subpoena or other compulsory request for
such testimony or disclosure from the communications service
provider not later than the time at which such subpoena or
request is issued to the communications service provider; and
(2) an opportunity to be heard before the court before the
time at which the testimony or disclosure is compelled.
(c) Exception to Notice Requirement.--Notice under subsection
(b)(1) may be delayed only if the court involved determines by clear
and convincing evidence that such notice would pose a substantial
threat to the integrity of a criminal investigation.
SEC. 4. DEFINITIONS.
In this Act:
(1) Communications service provider.--The term
``communications service provider''--
(A) means any person that transmits information of
the customer's choosing by electronic means; and
(B) includes a telecommunications carrier, an
information service provider, an interactive computer
service provider, and an information content provider
(as such terms are defined in sections 3 and 230 of the
Communications Act of 1934 (47 U.S.C. 153, 230)).
(2) Covered person.--The term ``covered person'' means a
person who regularly gathers, prepares, collects, photographs,
records, writes, edits, reports, or publishes news or
information that concerns local, national, or international
events or other matters of public interest for dissemination to
the public for a substantial portion of the person's livelihood
or for substantial financial gain and includes a supervisor,
employer, parent, subsidiary, or affiliate of such covered
person. Such term shall not include--
(A) any person who is a foreign power or an agent
of a foreign power, as such terms are defined in
section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801);
(B) any organization designated by the Secretary of
State as a foreign terrorist organization in accordance
with section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189);
(C) any person included on the Annex to Executive
Order No. 13224, of September 23, 2001, and any other
person identified under section 1 of that Executive
order whose property and interests in property are
blocked by that section;
(D) any person who is a specially designated
terrorist, as that term is defined in section 595.311
of title 31, Code of Federal Regulations (or any
successor thereto); or
(E) any terrorist organization, as that term is
defined in section 212(a)(3)(B)(vi)(II) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II)).
(3) Document.--The term ``document'' means writings,
recordings, and photographs, as those terms are defined by
Federal Rule of Evidence 1001 (28 U.S.C. App.).
(4) Federal entity.--The term ``Federal entity'' means an
entity or employee of the judicial or executive branch or an
administrative agency of the Federal Government with the power
to issue a subpoena or issue other compulsory process.
(5) Journalism.--The term ``journalism'' means the
gathering, preparing, collecting, photographing, recording,
writing, editing, reporting, or publishing of news or
information that concerns local, national, or international
events or other matters of public interest for dissemination to
the public.
Passed the House of Representatives October 16, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Free Flow of Information Act of 2007 - (Sec. 2) Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence, including determinations: (1) relating to exhaustion of alternative sources, (2) that the testimony or document sought is critical; (3) that disclosure of the information source's identity is necessary; and (4) that the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. Allows a court, in making the last of those determinations, to consider the extent of any harm to national security.
Defines "covered person" as a person who regularly gathers, photographs, records, writes, edits, reports, or publishes information concerning matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or substantial financial gain, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain terrorist organizations and individuals.
Requires the content of compelled testimony or documents to be limited and narrowly tailored.
Prohibits construing this Act as applying to civil defamation, slander, or libel claims or defenses under state law.
Exempts certain criminal or tortious conduct.
(Sec. 3) Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation. | {"src": "billsum_train", "title": "To maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media."} | 2,083 | 432 | 0.604382 | 1.951402 | 0.803414 | 4.914365 | 5.232044 | 0.903315 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American 5-Cent Coin Design
Continuity Act of 2002''.
SEC. 2. DESIGNS ON THE 5-CENT COIN COMMEMORATING THE BICENTENNIAL OF
THE LOUISIANA PURCHASE.
(a) In General.--Subject to subsection (b) and after consulting
with the Coin Design Advisory Committee and the Commission of Fine
Arts, the Secretary of the Treasury may change the design on the
obverse and the reverse of the 5-cent coin for coins issued in 2003 and
2004 in commemoration of the bicentennial of the Louisiana Purchase.
(b) Design Specifications.--
(1) Obverse.--If the Secretary of the Treasury elects to
change the obverse of 5-cent coins issued during 2003 and 2004,
the design shall include an image of President Thomas Jefferson
in commemoration of his role with respect to the Louisiana
Purchase and the commissioning of the Louis and Clark
Expedition to explore the newly acquired territory.
(2) Reverse.--If the Secretary of the Treasury elects to
change the reverse of the 5-cent coins issued during 2003 and
2004, the design selected shall commemorate the Louisiana
Purchase.
(3) Other inscriptions.--5-cent coins issued during 2003
and 2004 shall continue to meet all other requirements for
inscriptions and designations applicable to circulating coins
under section 5112(d)(1) of title 31, United States Code.
SEC. 3. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE COMMEMORATION OF
THE BICENTENNIAL OF THE LOUISIANA PURCHASE.
(a) In General.--Section 5112(d)(1) of title 31, United States
Code, is amended by inserting after the 4th sentence the following new
sentences: ``The obverse of any 5-cent coin issued after December 31,
2004, shall bear an image of Thomas Jefferson. The reverse of any 5-
cent coin issued after December 31, 2004, shall bear an image of the
home of Thomas Jefferson at Monticello.''.
(b) Design Consultation.-- The 2d sentence of section 5112(d)(2) of
title 31, United States Code, is amended by inserting ``, after
consulting with the Coin Design Advisory Committee and the Commission
of Fine Arts,'' after ``The Secretary may''.
SEC. 4. COIN DESIGN ADVISORY COMMITTEE.
(a) In General.--Subchapter III of chapter 51 of title 31, United
States Code, is amended by inserting after section 5136 (as amended by
section 5 of this Act) the following new section:
``Sec. 5137. Coin Design Advisory Committee
(a) Establishment.--There is hereby established the Coin Design
Advisory Committee (in this section referred to as the ``Advisory
Committee'').
``(b) Membership.--
(1) Appointment.--The Advisory Committee shall consist of 9
members, as follows:
``(A) The Chief of Staff to the Secretary of the
Treasury.
``(B) 4 persons appointed by the President--
``(i) 1 of whom shall be appointed for a
term of 4 years from among individuals who are
specially qualified to serve on the Advisory
Committee by virtue of their education,
training, or experience as a nationally or
internationally recognized curator in the
United States of a numismatic collection;
``(ii) 1 of whom shall be appointed for a
term of 4 years from among individuals who are
specially qualified to serve on the Advisory
Committee by virtue of their experience in the
medallic arts or sculpture;
``(iii) 1 of whom shall be appointed for a
term of 3 years from among individuals who are
specially qualified to serve on the Advisory
Committee by virtue of their education,
training, or experience in American history;
and
``(iv) 1 of whom shall be appointed for a
term of 2 years from among individuals who are
specially qualified to serve on the Advisory
Committee by virtue of their education,
training, or experience in numismatics.
``(C) 1 person appointed by the Speaker of the
House of Representatives from among individuals who are
specially qualified to serve on the Advisory Committee
by virtue of their education, training, or experience,
including staff employees of the House of
Representatives, who shall serve at the pleasure of the
Speaker.
``(D) 1 person appointed by the minority leader of
the House of Representatives from among individuals who
are specially qualified to serve on the Advisory
Committee by virtue of their education, training, or
experience, including staff employees of the House of
Representatives, who shall serve at the pleasure of the
minority leader.
``(E) 1 person appointed by the majority leader of
the Senate from among individuals who are specially
qualified to serve on the Advisory Committee by virtue
of their education, training, or experience, including
staff employees of the Senate, who shall serve at the
pleasure of the majority leader.
``(F) 1 person appointed by the minority leader of
the Senate from among individuals who are specially
qualified to serve on the Advisory Committee by virtue
of their education, training, or experience, including
staff employees members of the Senate, who shall serve
at the pleasure of the minority leader.
``(2) Continuation of service.--Each appointed member may
continue to serve after the expiration of the term of office to
which such member was appointed until a successor has been
appointed and qualified.
``(3) Vacancy.--
``(A) In general.--Any vacancy on the Advisory
Committee shall be filled in the manner in which the
original appointment was made.
``(B) Acting officials may serve.--In the event of
a vacancy in a position described in paragraph (1)(A),
and pending the appointment of a successor, or during
the absence or disability of any individual serving in
any such position, any individual serving in an acting
capacity in any such position may serve on the Advisory
Committee while serving in such capacity.
``(4) Chairperson.--The Chairperson of the Advisory
Committee shall be the person serving in the position described
in paragraph (1)(A) (or serving in an acting capacity in such
position).
``(5) Pay and expenses.--Members of the Advisory Committee
shall serve without pay for such service but each member of the
Advisory Committee shall be reimbursed from the United States
Mint Public Enterprise Fund for expenses incurred in connection
with attendance of such members at meetings of the Advisory
Committee.
``(6) Meetings.--The Advisory Committee shall meet, not
less frequently than quarterly, at the call of the chairperson
or a majority of the members.
``(7) Quorum.--7 members of the Advisory Committee shall
constitute a quorum.
``(c) Duties of the Advisory Committee.--The duties of the Advisory
Committee are as follows:
``(1) Advise the Secretary of the Treasury on any design
proposals relating to circulating coinage and numismatic items,
including congressional gold medals.
``(2) Advise the Secretary of the Treasury with regard to
any other proposals or issues relating to any items produced by
the United States Mint that the Secretary may request of the
Advisory Committee.
``(d) Administrative Support Services.--Upon the request of the
Advisory Committee, the Director of the United States Mint shall
provide to the Advisory Committee the administrative support services
necessary for the Advisory Committee to carry out its responsibilities
under this section.
``(e) Annual Report.--
``(1) Required.--Not later than January 30 of each year,
the Advisory Committee shall submit a report to the Committee
on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
``(2) Contents.--The report required by paragraph (1) shall
describe the activities of the Advisory Committee during the
preceding year and the reports and recommendations made by the
Advisory Committee to the Secretary of the Treasury.
``(f) Federal Advisory Committee Act Does Not Apply.--The Federal
Advisory Committee Act shall not apply with respect to the Committee,
except that each meeting of the Advisory Committee shall be open to the
public following publication of a notice of the meeting in the Federal
Register.''. | American 5-Cent Coin Design Continuity Act of 2002 - Authorizes the Secretary of the Treasury to change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003 and 2004 in commemoration of the bicentennial of the Louisiana Purchase.Amends Federal law governing coins and currency to mandate that: (1) the obverse of any 5-cent coin issued after December 31, 2004, bear an image of Thomas Jefferson; and (2) the reverse of any such coin bear an image of the home of Thomas Jefferson at Monticello.Establishes the Coin Design Advisory Committee to advise the Secretary on: (1) design proposals relating to circulating coinage and numismatic items, including congressional gold medals; and (2) any other issues relating to items produced by the U.S. Mint that the Secretary may request. | {"src": "billsum_train", "title": "To ensure continuity for the design of the 5-cent coin, establish the Coin Design Advisory Committee, and for other purposes."} | 1,805 | 188 | 0.719765 | 1.970364 | 0.734404 | 6.433962 | 10.54717 | 0.949686 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Michelle's Law''.
SEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF
ABSENCE.
(a) Amendments of ERISA.--
(1) In general.--Subpart B of part 7 of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is
amended by adding at the end the following:
``SEC. 714. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY
LEAVE OF ABSENCE.
``(a) Medically Necessary Leave of Absence.--In this section, the
term `medically necessary leave of absence' means, with respect to a
dependent child described in subsection (b)(2) in connection with a
group health plan or health insurance coverage offered in connection
with such plan, a leave of absence of such child from a postsecondary
educational institution (including an institution of higher education
as defined in section 102 of the Higher Education Act of 1965), or any
other change in enrollment of such child at such an institution, that--
``(1) commences while such child is suffering from a serious
illness or injury;
``(2) is medically necessary; and
``(3) causes such child to lose student status for purposes of
coverage under the terms of the plan or coverage.
``(b) Requirement To Continue Coverage.--
``(1) In general.--In the case of a dependent child described
in paragraph (2), a group health plan, or a health insurance issuer
that provides health insurance coverage in connection with a group
health plan, shall not terminate coverage of such child under such
plan or health insurance coverage due to a medically necessary
leave of absence before the date that is the earlier of--
``(A) the date that is 1 year after the first day of the
medically necessary leave of absence; or
``(B) the date on which such coverage would otherwise
terminate under the terms of the plan or health insurance
coverage.
``(2) Dependent child described.--A dependent child described
in this paragraph is, with respect to a group health plan or health
insurance coverage offered in connection with the plan, a
beneficiary under the plan who--
``(A) is a dependent child, under the terms of the plan or
coverage, of a participant or beneficiary under the plan or
coverage; and
``(B) was enrolled in the plan or coverage, on the basis of
being a student at a postsecondary educational institution (as
described in subsection (a)), immediately before the first day
of the medically necessary leave of absence involved.
``(3) Certification by physician.--Paragraph (1) shall apply to
a group health plan or health insurance coverage offered by an
issuer in connection with such plan only if the plan or issuer of
the coverage has received written certification by a treating
physician of the dependent child which states that the child is
suffering from a serious illness or injury and that the leave of
absence (or other change of enrollment) described in subsection (a)
is medically necessary.
``(c) Notice.--A group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, shall include, with any notice regarding a requirement for
certification of student status for coverage under the plan or
coverage, a description of the terms of this section for continued
coverage during medically necessary leaves of absence. Such description
shall be in language which is understandable to the typical plan
participant.
``(d) No Change in Benefits.--A dependent child whose benefits are
continued under this section shall be entitled to the same benefits as
if (during the medically necessary leave of absence) the child
continued to be a covered student at the institution of higher
education and was not on a medically necessary leave of absence.
``(e) Continued Application in Case of Changed Coverage.--If--
``(1) a dependent child of a participant or beneficiary is in a
period of coverage under a group health plan or health insurance
coverage offered in connection with such a plan, pursuant to a
medically necessary leave of absence of the child described in
subsection (b);
``(2) the manner in which the participant or beneficiary is
covered under the plan changes, whether through a change in health
insurance coverage or health insurance issuer, a change between
health insurance coverage and self-insured coverage, or otherwise;
and
``(3) the coverage as so changed continues to provide coverage
of beneficiaries as dependent children,
this section shall apply to coverage of the child under the changed
coverage for the remainder of the period of the medically necessary
leave of absence of the dependent child under the plan in the same
manner as it would have applied if the changed coverage had been the
previous coverage.''.
(2) Conforming amendment.--The table of contents in section 1
of such Act is amended by inserting after the item relating to
section 713 the following new item:
``Sec. 714. Coverage of dependent students on medically necessary leave
of absence.''.
(b) Amendments to the Public Health Service Act.--
(1) Group markets.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by
adding at the end the following new section:
``SEC. 2707. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY
LEAVE OF ABSENCE.
``(a) Medically Necessary Leave of Absence.--In this section, the
term `medically necessary leave of absence' means, with respect to a
dependent child described in subsection (b)(2) in connection with a
group health plan or health insurance coverage offered in connection
with such plan, a leave of absence of such child from a postsecondary
educational institution (including an institution of higher education
as defined in section 102 of the Higher Education Act of 1965), or any
other change in enrollment of such child at such an institution, that--
``(1) commences while such child is suffering from a serious
illness or injury;
``(2) is medically necessary; and
``(3) causes such child to lose student status for purposes of
coverage under the terms of the plan or coverage.
``(b) Requirement To Continue Coverage.--
``(1) In general.--In the case of a dependent child described
in paragraph (2), a group health plan, or a health insurance issuer
that provides health insurance coverage in connection with a group
health plan, shall not terminate coverage of such child under such
plan or health insurance coverage due to a medically necessary
leave of absence before the date that is the earlier of--
``(A) the date that is 1 year after the first day of the
medically necessary leave of absence; or
``(B) the date on which such coverage would otherwise
terminate under the terms of the plan or health insurance
coverage.
``(2) Dependent child described.--A dependent child described
in this paragraph is, with respect to a group health plan or health
insurance coverage offered in connection with the plan, a
beneficiary under the plan who--
``(A) is a dependent child, under the terms of the plan or
coverage, of a participant or beneficiary under the plan or
coverage; and
``(B) was enrolled in the plan or coverage, on the basis of
being a student at a postsecondary educational institution (as
described in subsection (a)), immediately before the first day
of the medically necessary leave of absence involved.
``(3) Certification by physician.--Paragraph (1) shall apply to
a group health plan or health insurance coverage offered by an
issuer in connection with such plan only if the plan or issuer of
the coverage has received written certification by a treating
physician of the dependent child which states that the child is
suffering from a serious illness or injury and that the leave of
absence (or other change of enrollment) described in subsection (a)
is medically necessary.
``(c) Notice.--A group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, shall include, with any notice regarding a requirement for
certification of student status for coverage under the plan or
coverage, a description of the terms of this section for continued
coverage during medically necessary leaves of absence. Such description
shall be in language which is understandable to the typical plan
participant.
``(d) No Change in Benefits.--A dependent child whose benefits are
continued under this section shall be entitled to the same benefits as
if (during the medically necessary leave of absence) the child
continued to be a covered student at the institution of higher
education and was not on a medically necessary leave of absence.
``(e) Continued Application in Case of Changed Coverage.--If--
``(1) a dependent child of a participant or beneficiary is in a
period of coverage under a group health plan or health insurance
coverage offered in connection with such a plan, pursuant to a
medically necessary leave of absence of the child described in
subsection (b);
``(2) the manner in which the participant or beneficiary is
covered under the plan changes, whether through a change in health
insurance coverage or health insurance issuer, a change between
health insurance coverage and self-insured coverage, or otherwise;
and
``(3) the coverage as so changed continues to provide coverage
of beneficiaries as dependent children,
this section shall apply to coverage of the child under the changed
coverage for the remainder of the period of the medically necessary
leave of absence of the dependent child under the plan in the same
manner as it would have applied if the changed coverage had been the
previous coverage.''.
(2) Individual market.--Subpart 3 of part B of title XXVII of
such Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the
end the following new section:
``SEC. 2753. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY
LEAVE OF ABSENCE.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Amendments to the Internal Revenue Code.--
(1) In general.--Subchapter B of chapter 100 of the Internal
Revenue Code of 1986 (relating to other group health plan
requirements) is amended by inserting after section 9812 the
following new section:
``SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY
LEAVE OF ABSENCE.
``(a) Medically Necessary Leave of Absence.--In this section, the
term `medically necessary leave of absence' means, with respect to a
dependent child described in subsection (b)(2) in connection with a
group health plan, a leave of absence of such child from a
postsecondary educational institution (including an institution of
higher education as defined in section 102 of the Higher Education Act
of 1965), or any other change in enrollment of such child at such an
institution, that--
``(1) commences while such child is suffering from a serious
illness or injury;
``(2) is medically necessary; and
``(3) causes such child to lose student status for purposes of
coverage under the terms of the plan or coverage.
``(b) Requirement to Continue Coverage.--
``(1) In general.--In the case of a dependent child described
in paragraph (2), a group health plan shall not terminate coverage
of such child under such plan due to a medically necessary leave of
absence before the date that is the earlier of--
``(A) the date that is 1 year after the first day of the
medically necessary leave of absence; or
``(B) the date on which such coverage would otherwise
terminate under the terms of the plan.
``(2) Dependent child described.--A dependent child described
in this paragraph is, with respect to a group health plan, a
beneficiary under the plan who--
``(A) is a dependent child, under the terms of the plan, of
a participant or beneficiary under the plan; and
``(B) was enrolled in the plan, on the basis of being a
student at a postsecondary educational institution (as
described in subsection (a)), immediately before the first day
of the medically necessary leave of absence involved.
``(3) Certification by physician.--Paragraph (1) shall apply to
a group health plan only if the plan, or the issuer of health
insurance coverage offered in connection with the plan, has
received written certification by a treating physician of the
dependent child which states that the child is suffering from a
serious illness or injury and that the leave of absence (or other
change of enrollment) described in subsection (a) is medically
necessary.
``(c) Notice.--A group health plan shall include, with any notice
regarding a requirement for certification of student status for
coverage under the plan, a description of the terms of this section for
continued coverage during medically necessary leaves of absence. Such
description shall be in language which is understandable to the typical
plan participant.
``(d) No Change in Benefits.--A dependent child whose benefits are
continued under this section shall be entitled to the same benefits as
if (during the medically necessary leave of absence) the child
continued to be a covered student at the institution of higher
education and was not on a medically necessary leave of absence.
``(e) Continued Application in Case of Changed Coverage.--If--
``(1) a dependent child of a participant or beneficiary is in a
period of coverage under a group health plan, pursuant to a
medically necessary leave of absence of the child described in
subsection (b);
``(2) the manner in which the participant or beneficiary is
covered under the plan changes, whether through a change in health
insurance coverage or health insurance issuer, a change between
health insurance coverage and self-insured coverage, or otherwise;
and
``(3) the coverage as so changed continues to provide coverage
of beneficiaries as dependent children,
this section shall apply to coverage of the child under the changed
coverage for the remainder of the period of the medically necessary
leave of absence of the dependent child under the plan in the same
manner as it would have applied if the changed coverage had been the
previous coverage.''.
(2) Conforming amendment.--The table of sections for subchapter
B of chapter 100 of such Code is amended by inserting after the
item relating to section 9812 the following new item:
``Sec. 9813. Coverage of dependent students on medically necessary leave
of absence.''.
(d) Effective Date.--The amendments made by this Act shall apply
with respect to plan years beginning on or after the date that is one
year after the date of the enactment of this Act and to medically
necessary leaves of absence beginning during such plan years.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Michelle's Law - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from terminating coverage of a dependent child due to a medically necessary leave of absence from, or any other change in enrollment at, a postsecondary education institution that commences while such child is suffering from a serious illness or injury and that causes such child to lose student status for purposes of coverage under the plan, before the earlier of: (1) one year after the first day of the medically necessary leave of absence; or (2) the date on which such coverage would otherwise terminate under the terms of the plan. Requires written certification by the child's treating physician. Directs group health plans to include notice of the terms of this Act with any notice regarding a requirement for certification of student status for coverage under the plan.
Provides that coverage under this Act continues in the manner in which the participant or beneficiary is covered under the plan changes so long as the change of coverage continues to provide coverage of beneficiaries as dependent children.
Applies such requirement to coverage offered in the individual market. | {"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage, and for other purposes."} | 3,395 | 245 | 0.729716 | 2.041246 | 0.850458 | 4.740088 | 13.9163 | 0.960352 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Number Online
Protection Act of 2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The inappropriate display of social security account
numbers has contributed to a growing range of illegal
activities, including fraud, identity theft, stalking, and
other crimes that have a substantial effect on interstate
commerce and public safety.
(2) The Federal Government requires virtually every
individual in the United States to obtain and maintain a social
security account number in order to pay taxes, to qualify for
old-age, survivors, and disability insurance benefits under
title II of the Social Security Act, or to seek employment. An
unintended consequence of these requirements is that social
security account numbers have become one of the tools that can
be used to facilitate crime, fraud, and invasions of the
privacy of the individuals to whom the numbers are assigned.
Because the Federal Government created and maintains this
system, and because the Federal Government does not permit
individuals to exempt themselves from those requirements, it is
appropriate for the Federal Government to take steps to stem
the abuse of social security account numbers.
(3) In most jurisdictions throughout the United States,
State and local law requires that certain public documents,
such as business filings, property records, and birth and
marriage certificates, be made available to the general public.
These documents may contain an individual's social security
account number. An increasing number of official records
repositories, such as repositories maintained by a Secretary of
State's office or a local clerk's office, are storing such
records on the Internet. While online availability of public
records improves access, it also increases the risk that social
security account numbers will be widely displayed and misused.
SEC. 3. PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE
INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY ACCOUNT
NUMBERS BY STATE AND LOCAL GOVERNMENTS.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 123 the following new chapter:
``CHAPTER 124--PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE
INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY ACCOUNT NUMBERS BY
STATE AND LOCAL GOVERNMENTS
``Sec. 2731. Prohibition on the display to the general public on the
Internet of the last 4 digits of social security account
numbers by State and local governments
``(a) In General.--A State, a political subdivision of a State, or
any officer, employee, or contractor of a State or a political
subdivision of a State, shall not display to the general public on the
Internet the last 4 digits of any social security account number.
``(b) Rule of Construction.--Nothing in this section shall be
construed to supersede, alter, or affect any restriction or limitation
on the display to the general public on the Internet of all, or any
part of, social security account numbers provided for in any Federal or
State statute, regulation, order, or interpretation, if the restriction
or limitation is greater than that provided under this section.
``Sec. 2732. Penalties
``A State or a political subdivision of a State that has a policy
or practice of substantial noncompliance with this chapter shall be
subject to a civil penalty imposed by the Attorney General of not more
than $5,000 a day for each day of substantial noncompliance.
``Sec. 2733. Enforcement
``The Attorney General may bring a civil action against a State, a
political subdivision of a State, or any officer, employee, or
contractor of a State or a political subdivision of a State, in any
appropriate United States District Court for appropriate relief with
respect to a display to the general public on the Internet of the last
4 digits of any social security account number in violation of section
2731.
``Sec. 2734. Definitions
``In this chapter:
``(1) Display to the general public on the internet.--
``(A) In general.--The term `display to the general
public on the Internet' means, in connection with all,
or any part of, a social security account number, to
place such number or any part of such number in a
viewable manner on an Internet site that is available
to the general public, including any Internet site that
requires a fee for access to information accessible on
or through the site.
``(B) Inclusion of certain unprotected
transmissions.--In any case in which a State, a
political subdivision of a State, or any officer,
employee, or contractor of a State or a political
subdivision of a State, requires as a condition of
doing business transmittal of all, or any part of, an
individual's social security account number by means of
the Internet without reasonable provisions to ensure
that such number is encrypted or otherwise secured from
disclosure, any such transmittal of such number shall
be treated as a `display to the general public on the
Internet' for purposes of this chapter.
``(2) Person.--The term `person' means an individual,
organization, or entity, but does not include a State or any
executive, legislative, or judicial agency of a State.
``(3) Social security account number.--The term `social
security account number' means the account number assigned to
an individual by the Commissioner of Social Security in the
exercise of the Commissioner's authority under section
205(c)(2) of the Social Security Act and includes any
derivative of such number.''.
(b) Clerical Amendment.--The table of parts at the beginning of
part I of title 18, United States Code, is amended by adding at the end
the following new item:
``124. Prohibition on the display to the general public on 2731''.
the Internet of social security
account numbers by state and
local governments.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to violations occurring on or after the date of enactment of this
Act.
SEC. 4. GRANTS TO STATE AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE
WITH THE PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC
ON THE INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY
ACCOUNT NUMBERS.
(a) In General.--The Attorney General shall award grants to States
and political subdivisions of States to carry out activities to remove
or redact the last 4 digits of social security account numbers from
forms and records of executive, legislative, and judicial agencies of
States and political subdivisions of States that, as of the date of
enactment of this Act, have been displayed to the general public on the
Internet and would be a violation of chapter 124 of title 18, United
States Code, (as added by section 3) if that chapter had been in effect
at the time such numbers were first displayed.
(b) Application.--A State or political subdivision of a State
desiring a grant under this section shall submit an application to the
Attorney General at such time, in such manner, and containing such
information as the Attorney General shall require.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Attorney General to carry out this section,
$10,000,000 for each of fiscal years 2007 and 2008.
(d) Definition of State.--In this section, the term ``State'' means
each of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, and the
Commonwealth of the Northern Marianas. | Social Security Number Online Protection Act of 2006 - Amends the federal criminal code to prohibit a state or local government from displaying to the general public on the Internet the last four digits of any social security number. Imposes a fine of up to $5,000 a day on any state or local government that has a policy or practice of substantial noncompliance with the requirements of this Act. Authorizes the Attorney General to bring a civil action against a state, local government, or officer, employee, or contractor of such state or local government to enforce compliance with this Act.
Directs the Attorney General to award grants to states and local governments for removing or redacting the last four digits of social security numbers from forms and records of their executive, legislative, and judicial agencies which are currently displayed on the Internet. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to restrict the public display on the Internet of the last 4 digits of social security account numbers by State and local governments, and for other purposes."} | 1,731 | 179 | 0.562697 | 1.578241 | 0.658044 | 3.467532 | 10.084416 | 0.896104 |
SECTION 1. AMENDMENTS TO THE NATIVE AMERICAN GRAVES PROTECTION AND
REPATRIATION ACT.
(a) Written Consent Required if Native American Remains Are
Excavated or Removed for Purposes of Study.--Section 3(c) of the Native
American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)) is
amended--
(1) in paragraph (3), by striking ``and'' at the end of the
paragraph;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(5) in the case of any intentional excavation or removal
of Native American human remains for purposes of study, such
remains are excavated or removed after written consent is
obtained from--
``(A) lineal descendants, if known or readily
ascertainable; or
``(B) each appropriate Indian tribe or Native
Hawaiian organization.
The requirement under paragraph (1) shall not be interpreted as
allowing or requiring, in the absence of the consent of each
appropriate Indian tribe or Native Hawaiian organization, any
recordation or analysis that is in addition to any recordation or
analysis that is otherwise allowed or required under this Act.''.
(b) Requirements for Inadvertent Discoveries.--Section 3(d) of the
Native American Graves Protection and Repatriation Act (25 U.S.C.
3002(d)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``with
respect to Federal lands'' and inserting ``with respect
to those Federal lands'';
(B) by inserting after the first sentence the
following: ``In any case in which a Federal agency or
instrumentality receives notice of a discovery of
Native American cultural items on lands with respect to
which the Federal agency or instrumentality has
management authority, the appropriate official of the
Federal agency or instrumentality shall notify each
appropriate Indian tribe or Native Hawaiian
organization. The notification required under the
preceding sentence shall be provided not later than 3
business days after the date on which the Federal
agency or instrumentality receives notification of the
discovery.''; and
(C) in the last sentence, by inserting ``, and, in
the case of Federal lands, the appropriate official of
the Federal agency or instrumentality with management
authority over those lands notified each appropriate
Indian tribe or Native Hawaiian organization by the
date specified in this paragraph,'' after ``that
notification has been received,''; and
(2) in paragraph (2), by adding at the end the following
new sentence: ``Any person or entity that disposes of, or
controls, a cultural item referred to in the preceding sentence
shall comply with the applicable requirements of subsection
(c).''.
(c) Review Committee.--Section 8(c)(5) of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3006(c)(5)) is
amended--
(1) by inserting ``and associated funerary objects'' after
``culturally unidentifiable human remains''; and
(2) by striking ``for developing a process for disposition
of such remains'' and inserting ``for developing a process for
the disposition of the remains and associated funerary
objects''.
(c) Enforcement.--Section 9 of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3007) is amended by adding
at the end the following:
``(e) Enforcement.--
``(1) In general.--Subject to paragraph (2), the amounts
collected by the Secretary as penalties under this section
shall be used to supplement the amounts made available by
appropriations for conducting enforcement activities related to
this section.
``(2) Authority of secretary.--In carrying out enforcement
activities related to this section, the Secretary may--
``(A) pay any person who furnishes information that
leads to the assessment of a civil penalty under this
section (other than an officer or employee of the
Federal Government or a State or local government
(including a tribal government) who furnishes or who
renders service in the performance of official duties)
the lesser of--
``(i) half of the amount of the civil
penalty; or
``(ii) $1,000; and
``(B) reduce the amount of a civil penalty that
would otherwise be assessed under this section if the
violator against whom the civil penalty is assessed
agrees to pay to the aggrieved parties involved an
aggregate amount of restitution not to exceed the
amount of the reduction.''. | Amends the Native American Graves Protection and Repatriation Act to allow the intentional removal or excavation of Native American human remains from Federal or tribal lands for purpose of study if consent is obtained from lineal descendants or each appropriate Indian tribe or Native Hawaiian organization.
Requires a Federal agency or instrumentality that receives notice of a discovery of Native American cultural items on lands it manages to notify each appropriate Indian tribe or Native Hawaiian organization.
Requires the committee established to monitor and review the inventory and identification process and repatriation activities to compile an inventory of, and develop a process for, the disposition of funerary objects.
Requires that amounts collected as penalties under the Act be used to supplement enforcement appropriations. Authorizes: (1) a reward for furnishing information leading to a civil penalty; and (2) reduction of a penalty amount if the violator agrees to pay certain restitution to the aggrieved parties. | {"src": "billsum_train", "title": "A bill to amend the Native American Graves Protection and Repatriation Act to provide for improved notification and consent, and for other purposes."} | 1,033 | 213 | 0.574552 | 1.714314 | 0.889731 | 2.575581 | 5.406977 | 0.854651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cigars Are Not a Safe Smoking
Alternative Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Available scientific evidence demonstrates that regular
cigar smoking causes cancer, including cancers of the lip,
tongue, mouth, throat, esophagus, larynx, and lung.
(2) That same evidence demonstrates that cigar smokers
increase their risk of pulmonary heart disease by 27 percent
and coronary heart disease by 45 percent.
(3) Cigar use in the United States has risen dramatically
by nearly 50 percent over the last 5 years. Premium cigar sales
have tripled in the same time period.
(4) Data from the Centers for Disease Control and
Prevention 1997 Youth Risk Behavior Survey indicates that among
high school students over 30 percent of the males and 10
percent of the females are current cigar smokers.
(5) Smoking cigars is not a safe alternative to smoking
cigarettes. Compared to a cigarette, a large cigar emits up to
20 times more ammonia, 5 to 10 times more cadmium (cancer
causing metal) and methylethylnitrosamine (cancer causing
agent), 80 to 90 times more nitrosamines (a highly carcinogenic
tobacco-specific agent), 2 to 3 times more tar, and 9 to 12
times more nicotine.
SEC. 3. PROHIBITION ON DISTRIBUTION TO YOUTH.
(a) Distribution.--
(1) General rule.--No person may sell or distribute a cigar
to any individual who is under the age of 18.
(2) Location of products.--A retailer of cigars shall
ensure that all cigars are located in areas where customers do
not have direct access to the products.
(3) Face-to-face transactions.--A cigar retailer may sell
cigars to the ultimate consumer only in a direct, face-to-face
exchange.
(b) Marketing and Advertising.--
(1) General rule.--The Chairman of the Federal Trade
Commission shall impose such restrictions on the sale,
advertising, distribution, and marketing of cigars directed at
youth as may be appropriate to limit the sale of cigars to
individuals who are 18 years of age or older.
(2) Electronic media.--Cigars may not be advertised on
electronic media, including television, radio, and any other
form of electronic communication.
(c) Sponsorship.--The Secretary of Health and Human Services and
the Chairman of the Federal Trade Commission shall encourage
manufacturers of cigars to end the practice of paying for, or
participating in, the placement of cigars in movies and on television
where a substantial segment of the viewing audience is under the age of
18 years.
(d) Definition.--The term ``cigar'' means any roll of tobacco
wrapped in leaf tobacco or in any substance containing tobacco,
including small cigars that weigh less than 3 pounds per thousand and
large cigars that weigh more than 3 pounds per thousand.
SEC. 4. HEALTH WARNINGS.
The Secretary of Health and Human Services, acting through the
Chairman of the Federal Trade Commission, shall require such health
warnings on the labels of cigars, on cigar boxes or other packaging,
and on advertising and marketing materials and messages as may be
appropriate to warn cigar users about the health risks presented by
cigars.
SEC. 5. STUDIES AND REPORTS.
(a) Secretary's Study.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study--
(A) to determine the health effects of occasional
cigar smoking, nicotine dependence demonstrated by
cigar smokers, biological uptake of toxic and
carcinogenic constituents of cigars, and environmental
cigar smoke exposure; and
(B) to determine the yields of tar, nicotine,
carbon monoxide, and any other additive designated by
the Secretary in cigar smoke.
Manufacturers of cigars shall report to the Secretary on the
yields of tar, nicotine, carbon monoxide, and any other
additive designated by the Secretary from cigars when smoked.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall transmit a report to the President and to
Congress containing--
(A) findings from the cigar health and constituent
yield study required under paragraph (1); and
(B) such recommendations for legislation or
administrative actions as the Secretary deems
appropriate.
(b) FTC Report.--Not later than 1 year after the date of the
enactment of this Act and biennially thereafter, the Chairman of the
Federal Trade Commission shall transmit a report to the President and
to Congress containing--
(1) a description of the current sales, advertising, and
marketing practices associated with cigars; and
(2) such recommendations for legislation or administrative
actions as it deems appropriate.
SEC. 6. MONITORING TRENDS IN YOUTH ACCESS TO CIGARS.
The Secretary of Health and Human Services, in consultation with
the Chairman of the Federal Trade Commission and the Secretary of the
Treasury, shall monitor trends in youth access to, and use of, cigars.
If evidence suggests that cigars are inappropriately accessible to
children and adolescents, or that smoking cigars is becoming an
attractive alternative to smoking cigarettes for children and
adolescents as a result of differential tax and regulatory treatment,
sales and marketing practices of cigar manufacturers, changes in
consumer tastes, or any other reason, the Secretary shall immediately
notify Congress and make such recommendations for adjusting tax rates
or other legislative or administrative action necessary to ensure that
cigars cease to be an attractive alternative to cigarettes for children
and adolescents. | Cigars Are Not a Safe Smoking Alternative Act - Prohibits any person from selling or distributing a cigar to any individual under 18. Requires that cigar retailers: (1) ensure that all cigars are located in areas where customers do not have direct access; and (2) sell cigars only in face-to-face exchanges. Directs the Chairman of the Federal Trade Commission (FTC) to impose restrictions on the sale, advertising, distribution, and marketing of cigars directed at youth as appropriate to limit sale to individuals 18 or over. Prohibits advertising cigars on any form of electronic communication. Directs the Secretary of Health and Human Services and the Chairman of the FTC to encourage cigar manufacturers to end the practice of paying for, or participating in, the placement of cigars in movies and on television where a substantial segment of the audience is under 18.
Mandates health warnings on the labels of cigars, cigar packaging, and advertising and marketing materials and messages.
Requires a study and report to Congress and the President on: (1) the health effects of occasional cigar smoking, nicotine dependence demonstrated by cigar smokers, biological uptake of toxic and carcinogenic constituents of cigars, and environmental cigar smoke exposure; and (2) the yields of tar, nicotine, carbon monoxide, and any other additive designated by the Secretary. Requires cigar manufacturers to report to the Secretary on those yields. Requires a study and report to Congress and the President by the Chairman of the FTC on current cigar sales, advertising, and marketing practices.
Directs the Secretary to monitor trends in youth access to and use of cigars and, if cigars are inappropriately accessible to, or becoming an attractive alternative to smoking cigarettes for, children and adolescents, to notify Congress and make recommendations. | {"src": "billsum_train", "title": "Cigars are Not a Safe Smoking Alternative Act"} | 1,215 | 385 | 0.662985 | 2.088308 | 0.819069 | 4.54519 | 3.291545 | 0.941691 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Workforce Advisory Commission
Act of 2005''.
SEC. 2. HEALTH WORKFORCE ADVISORY COMMISSION.
(a) Establishment.--The Comptroller General shall establish a
commission to be known as the Health Workforce Advisory Commission
(referred to in this Act as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 18
members to be appointed by the Comptroller General not later
than 90 days after the date of enactment of this Act, and an
ex-officio member who shall serve as the Director of the
Commission.
(2) Qualifications.--In appointing members to the
Commission under paragraph (1), the Comptroller General shall
ensure that--
(A) the Commission includes individual with
national recognition for their expertise in health care
workforce issues, including workforce forecasting,
undergraduate and graduate training, economics, health
care and health care systems financing, public health
policy, and other fields;
(B) the members are geographically representative
of the United States and maintain a balance between
urban and rural representatives;
(C) the members includes a representative from the
commissioned corps of the Public Health Service;
(D) the members represent the spectrum of
professions in the current and future healthcare
workforce, including physicians, nurses, and other
health professionals and personnel, and are skilled in
the conduct and interpretation of health workforce
measurement, monitoring and analysis, health services,
economic, and other workforce related research and
technology assessment;
(E) at least 25 percent of the members who are
health care providers are from rural areas; and
(F) a majority of the members are individuals who
are not currently primarily involved in the provision
or management of health professions education and
training programs.
(3) Terms and vacancies.--
(A) Terms.--The term of service of the members of
the Commission shall be for 3 years except that the
Comptroller General shall designate staggered terms for
members initially appointed under paragraph (1).
(B) Vacancies.--Any member who is appointed to fill
a vacancy on the Commission that occurs before the
expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term.
(4) Chairperson.--
(A) Designation.--The Comptroller General shall
designate a member of the Commission, at the time of
the appointment of such member--
(i) to serve as the Chairperson of the
Commission; and
(ii) to serve as the Vice Chairperson of
the Commission.
(B) Term.--A member shall serve as the Chairperson
or Vice Chairperson of the Commission under
subparagraph (A) for the term of such member.
(C) Vacancy.--In the case of a vacancy in the
Chairpersonship or Vice Chairpersonship, the
Comptroller General shall designate another member to
serve for the remainder of the vacant member's term.
(c) Duties.--The Commission shall--
(1) review the health workforce policies implemented--
(A) under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395, 1396 et seq.);
(B) under titles VII and VIII of the Public Health
Service Act (42 U.S.C. 292, 296 et seq.);
(C) by the National Institutes of Health;
(D) by the Department of Health and Human Services;
(E) by the Department of Veterans Affairs; and
(F) by other departments and agencies as
appropriate;
(2) analyze and make recommendations to improve the methods
used to measure and monitor the health workforce and the
relationship between the number and make up of such personnel
and the access of individuals to appropriate health care;
(3) review the impact of health workforce policies and
other factors on the ability of the health care system to
provide optimal medical and health care services;
(4) analyze and make recommendations pertaining to Federal
incentives (financial, regulatory, and otherwise) and Federal
programs that are in place to promote the education of an
appropriate number and mix of health professionals to provide
access to appropriate health care in the United States;
(5) analyze and make recommendations about the appropriate
supply and distribution of physicians, nurses, and other health
professionals and personnel to achieve a health care system
that is safe, effective, patient centered, timely, equitable,
and efficient;
(6) analyze the role and global implications of
internationally trained physicians, nurses, and other health
professionals and personnel in the United States health
workforce;
(7) analyze and make recommendations about achieving
appropriate diversity in the United States health workforce;
(8) conduct public meetings to discuss health workforce
policy issues and help formulate recommendations for Congress
and the Secretary of Health and Human Services;
(9) in the course of meetings conducted under paragraph
(8), consider the results of staff research, presentations by
policy experts, and comments from interested parties;
(10) make recommendations to Congress concerning health
workforce policy issues;
(11) not later than April 15, 2006, and each April 15
thereafter, submit a report to Congress containing the results
of the reviews conducted under this subsection and the
recommendations developed under this subsection;
(12) periodically, as determined appropriate by the
Commission, submit reports to Congress concerning specific
issues that the Commission determines are of high importance;
and
(13) carry out any other activities determined appropriate
by the Secretary of Health and Human Services.
(d) Ongoing Duties Concerning Reports and Reviews.--
(1) Commenting on reports.--
(A) Submission to commission.--The Secretary of
Health and Human Services shall transmit to the
Commission a copy of each report that is submitted by
the Secretary to Congress if such report is required by
law and relates to health workforce policy.
(B) Review.--The Commission shall review a report
transmitted under subparagraph (A) and, not later than
6 months after the date on which the report is
transmitted, submit to the appropriate committees of
Congress written comments concerning such report. Such
comments may include such recommendations as the
Commission determines appropriate.
(2) Agenda and additional reviews.--
(A) In general.--The Commission shall consult
periodically with the chairman and ranking members of
the appropriate committees of Congress concerning the
agenda and progress of the Commission.
(B) Additional reviews.--The Commission may from
time to time conduct additional reviews and submit
additional reports to the appropriate committees of
Congress on topics relating to Federal health
workforce-related programs and as may be requested by
the chairman and ranking members of such committees.
(3) Availability of reports.--The Commission shall transmit
to the Secretary of Health and Human Services a copy of each
report submitted by the Commission under this section and shall
make such reports available to the public.
(e) Powers of the Commission.--
(1) General powers.--Subject to such review as the
Comptroller General determines to be necessary to ensure the
efficient administration of the Commission, the Commission
may--
(A) employ and fix the compensation of the
Executive Director and such other personnel as may be
necessary to carry out its duties;
(B) seek such assistance and support as may be
required in the performance of its duties from
appropriate Federal departments and agencies;
(C) enter into contracts or make other arrangements
as may be necessary for the conduct of the work of the
Commission;
(D) make advance, progress, and other payments that
relate to the work of the Commission;
(E) provide transportation and subsistence for
personnel who are serving without compensation; and
(F) prescribe such rules and regulations at the
Commission determined necessary with respect to the
internal organization and operation of the Commission.
(2) Information.--To carry out its duties under this
section, the Commission--
(A) shall have unrestricted access to all
deliberations, records, and nonproprietary data
maintained by the General Accounting Office;
(B) may secure directly from any department or
agency of the United States information necessary to
enable the Commission to carry out its duties under
this section, on a schedule that is agreed upon between
the Chairperson and the head of the department or
agency involved;
(C) shall utilize existing information (published
and unpublished) collected and assessed either by the
staff of the Commission or under other arrangements;
(D) may conduct, or award grants or contracts for
the conduct of, original research and experimentation
where information available under subparagraphs (A) and
(B) is inadequate;
(E) may adopt procedures to permit any interested
party to submit information to be used by the
Commission in making reports and recommendations under
this section; and
(F) may carry out other activities determined
appropriate by the Commission.
(f) Administrative Provisions.--
(1) Compensation.--While serving on the business of the
Commission a member of the Commission shall be entitled to
compensation at the per diem equivalent of the rate provided
for under level IV of the Executive Schedule under title 5,
United States Code.
(2) Meetings.--The Commission shall meet at the call of the
Chairperson.
(3) Executive director and staff.--The Comptroller General
shall appoint an individual to serve as the interim Executive
Director of the Commission until the members of the Commission
are able to select a permanent Executive Director under
subsection (e)(1)(A).
(4) Ethical disclosure.--The Comptroller General shall
establish a system for public disclosure by members of the
Commission of financial and other potential conflicts of
interest relating to such members.
(5) Audits.--The Commission shall be subject to periodic
audit by the Comptroller General.
(g) Funding.--
(1) Requests.--The Commission shall submit requests for
appropriations in the same manner as the Comptroller General
submits such requests. Amounts appropriated for the Commission
shall be separate from amounts appropriated for the Comptroller
General.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section, $6,000,000 for
fiscal year 2006, and such sums as may be necessary for each
subsequent fiscal year, of which--
(A) 80 percent of such appropriated amount shall be
made available from the Federal Hospital Insurance
Trust Fund under section 1817 of the Social Security
Act (42 U.S.C. 1395i); and
(B) 20 percent of such appropriation shall be made
available for amounts appropriated to carry out title
XIX of such Act (42 U.S.C. 1396 et seq.).
(h) Definition.--In this Act, the term ``appropriate committees of
Congress'' means the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives. | Health Workforce Advisory Commission Act of 2005 - Directs the Comptroller General to establish the Health Workforce Advisory Commission to analyze health workforce policy issues, including by: (1) reviewing Federal health workforce policies; (2) analyzing and making recommendations to improve the methods used to measure and monitor the health workforce; (3) reviewing the impact of such policies on the ability of the health care system to provide optimal medical and health care services; (4) analyzing and making recommendations pertaining to Federal incentives and programs that promote the education of health professionals; (5) analyzing the role and global implications of internationally trained health professionals and personnel in the U.S. workforce; and (6) making recommendations to Congress concerning health workforce policy issues. | {"src": "billsum_train", "title": "A bill to provide for the establishment of a Health Workforce Advisory Commission to review Federal health workforce policies and make recommendations on improving those policies."} | 2,302 | 148 | 0.576282 | 1.56593 | 0.695444 | 3.857143 | 15.685714 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Alien Deportation and
Native Country Confinement Act of 1994''.
SEC. 2. INCARCERATION OF OR PAYMENT FOR CRIMINAL ALIENS BY THE FEDERAL
GOVERNMENT.
(a) Definition.--In this section, ``criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility'' means an alien who--
(1)(A) is in the United States in violation of the
immigration laws; or
(B) is deportable or excludable under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); and
(2) has been convicted of a felony under State or local law
and incarcerated in a correctional facility of the State or a
subdivision of the State.
(b) Federal Custody.--At the request of a State or political
subdivision of a State, the Attorney General shall--
(1)(A) take custody of a criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility; and
(B) provide for the imprisonment of the criminal alien in a
Federal prison in accordance with the sentence of the State
court; or
(2) enter into a contractual arrangement with the State or
local government to compensate the State or local government
for incarcerating alien criminals for the duration of their
sentences.
SEC. 3. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION.
(a) Convicted Defined.--Section 241(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(2)) is amended by adding at the end
the following new subparagraph:
``(E) Convicted defined.--In this paragraph, the
term `convicted' means a judge or jury has found the
alien guilty or the alien has entered a plea of guilty
or nolo contendere, whether or not the alien appeals
therefrom.''.
(b) Deportation of Convicted Aliens.--
(1) Immediate deportation.--Section 242(h) of such Act (8
U.S.C. 1252(h)) is amended--
(A) by striking ``(h) An alien'' and inserting
``(h)(1) Subject to paragraph (2), an alien''; and
(B) by adding at the end the following new
paragraph:
``(2) An alien sentenced to imprisonment may be deported prior to
the termination of such imprisonment by the release of the alien from
confinement, if the Service petitions the appropriate court or other
entity with authority concerning the alien to release the alien into
the custody of the Service for execution of an order of deportation.''.
(2) Prohibition of reentry into the united states.--Section
212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E) the
following new subparagraph:
``(F) Aliens deported before serving minimum period
of confinement.--An alien deported pursuant to section
242(h)(2) is excludable during the minimum period of
confinement to which the alien was sentenced.''.
(c) Execution of Deportation Orders.--Section 242(i) of such Act (8
U.S.C. 1252(i)) is amended by adding at the end the following: ``An
order of deportation may not be executed until all direct appeals
relating to the conviction which is the basis of the deportation order
have been exhausted.''.
(d) Notification Requirement.--The Attorney General shall notify
each alien incarcerated in a State or Federal prison of any available
option for voluntary deportation and prisoner transfer where the alien
would be incarcerated for the remainder of the sentence of confinement
in the country to which deported.
SEC. 4. CONGRESSIONAL STATEMENT CONCERNING INCARCERATION IN COUNTRY TO
WHICH CRIMINAL ALIENS ARE DEPORTED.
(a) Congressional Findings.--The Congress makes the following
findings:
(1) Aliens entering the United States without the knowledge
or permission of the Federal Government have become a major
economic and social problem in many States.
(2) The number of undocumented aliens committing felony
crimes has reached staggering proportions in California and in
other States.
(3) In 1988, 5,500 undocumented aliens were incarcerated in
California prisons; in 1994 there are 16,000.
(4) In 1993 incarcerated undocumented aliens represented
approximately 15 percent of the total California State prison
population.
(5) The cost of incarcerating each State prisoner in
California ranges between $15,000 to $30,000 and the cost to
the taxpayers of California for the incarceration of
undocumented criminal aliens in the State is approximately
$402,000,000.
(6) The State of California has spent over a billion
dollars in the past 5 years to incarcerate undocumented
criminal aliens.
(7) The Immigration and Naturalization Service (INS)
estimates that the average cost to deport an undocumented
criminal alien is $600.
(8) The United States has bilateral treaties concerning
prisoner transfers with several countries. The treaties have
strict criteria requiring that all parties, the United States
Department of Justice, the United States Department of State,
the foreign government, and the prisoner, consent to the
transfer. The prisoner must voluntarily request such a
transfer.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the President should direct the Secretary of State to
enter into negotiations with other countries in order to
conclude bilateral or multilateral agreements to provide for
incarceration in the country to which an alien is deported when
an alien is deported while subject to a term of imprisonment in
the United States;
(2) all existing agreements regarding prisoner transfer
should be renegotiated to remove the requirement of prisoner
approval and all other barriers to prisoner transfer; and
(3) any prisoner transfer agreement should include the
assurance that prisoners will complete the full term of any
sentence upon transfer to another country. | Criminal Alien Deportation and Native Country Confinement Act of 1994 - Requires the Federal Government to incarcerate, or to reimburse State and local governments for the cost of incarcerating, specified criminal aliens.
Amends the Immigration and Nationality Act to provide for the expedited deportation or exclusion of convicted criminal aliens.
Expresses the sense of the Congress with respect to prisoner transfer and in-country incarceration agreements. | {"src": "billsum_train", "title": "Criminal Alien Deportation and Native Country Confinement Act of 1994"} | 1,454 | 104 | 0.523693 | 1.259843 | 0.918488 | 2.405405 | 16.027027 | 0.864865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Impaired Driving Child
Endangerment Act''.
SEC. 2. SANCTIONS FOR INDIVIDUALS DRIVING WITH CHILD PASSENGERS WHILE
INTOXICATED OR IMPAIRED.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Sanctions for individuals driving with child passengers
while intoxicated or impaired
``(a) Withholding of Funds for Noncompliance.--
``(1) Fiscal year 2020.--On October 1, 2019, the Secretary
shall withhold 1 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b) on that date.
``(2) Fiscal year 2021.--On October 1, 2020, the Secretary
shall withhold 3 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b) on that date.
``(3) Fiscal year 2022 and thereafter.--On October 1, 2021,
and on October 1 of each fiscal year thereafter, the Secretary
shall withhold 5 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b) on that date.
``(b) Sanctions.--
``(1) In general.--A State meets the requirements of this
subsection if the State has enacted and is enforcing the
following laws with respect to an individual who is charged
with an offense of driving a motor vehicle, with a child
passenger in the vehicle, while intoxicated or while impaired
by alcohol, drugs, or a combination of substances:
``(A) A law that provides that the individual may
be charged with a felony subject to imprisonment for up
to 4 years in connection with the offense.
``(B) A law that requires the individual, if
convicted of the offense, to install and maintain for
at least 6 months an ignition interlock system on any
motor vehicle owned or operated by the individual.
``(C) A law that suspends the State driver's
license of the individual during the period of
prosecution of the offense, except that the law may
allow the individual--
``(i) to operate a motor vehicle during
that period, if the individual, prior to
operating the vehicle, installs and maintains
an ignition interlock system on the vehicle;
and
``(ii) to credit toward the 6-month period
referred to in subparagraph (B) any days during
which the individual installs and maintains an
ignition interlock system on a motor vehicle
pursuant to clause (i).
``(D) A law that--
``(i) requires the individual, if convicted
of the offense, to undergo an alcohol abuse,
substance abuse, or mental health assessment;
and
``(ii) if the assessment indicates a need
for treatment, authorizes the appropriate court
(or monitoring agency) to require the
individual to undergo treatment as part of the
individual's sentence in connection with the
conviction or as a condition for reissuance of
a State driver's license to the individual.
``(E) A law that requires, if the individual is
convicted of the offense and is the parent, guardian,
or custodian of the child passenger or is otherwise
legally responsible for the child passenger, the law
enforcement agency that charges the individual with the
offense or the appropriate court to file with the
appropriate State register of child abuse a report on
the individual concerning the offense.
``(2) Exceptions.--The Secretary may treat a State that has
enacted and is enforcing the laws described in paragraph (1) as
meeting the requirements of this subsection without regard to
whether any of those laws waives the application of a sanction
with respect to an individual who--
``(A) is a sibling of the child passenger; or
``(B) is under 21 years of age and is not a
guardian of the child passenger.
``(c) Period of Availability of Withheld Funds; Effect of
Compliance and Noncompliance.--
``(1) Period of availability of withheld funds.--Any funds
withheld under subsection (a) from apportionment to a State
shall remain available for apportionment to the State until the
end of the third fiscal year following the fiscal year for
which the funds are authorized to be appropriated.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (a) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirements of subsection (b), the Secretary shall,
on the first day on which the State meets the requirements of
subsection (b), apportion to the State the funds withheld under
subsection (a) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2)--
``(A) shall remain available for expenditure until
the end of the third fiscal year following the fiscal
year in which the funds are so apportioned; and
``(B) if not apportioned at the end of that period,
shall lapse.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (a) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of
subsection (b), the funds shall lapse.
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Alcohol concentration.--The term `alcohol
concentration' means grams of alcohol per 100 milliliters of
blood or grams of alcohol per 210 liters of breath.
``(2) Child.--The term `child' means an individual younger
than 16 years of age.
``(3) Driving while intoxicated.--The term `driving while
intoxicated' means driving or being in actual physical control
of a motor vehicle in a State while having a blood alcohol
concentration or breath alcohol concentration of .08 or
greater.
``(4) Ignition interlock system.--The term `ignition
interlock system' means a system that--
``(A) is designed to prevent an individual from
starting a motor vehicle when the individual's breath
alcohol concentration is at or above a preset level;
``(B) has a camera technology to verify the user of
the system; and
``(C) is certified by the State concerned.
``(5) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, except that the term does
not include a vehicle operated solely on a rail line or a
commercial vehicle.
``(6) State driver's license.--The term `State driver's
license' means a license issued by a State authorizing an
individual to operate a motor vehicle on public highways.
``(e) Education.--The Administrator of the National Highway Traffic
Safety Administration, using existing funds, shall carry out programs
and activities to educate States on the impact of child endangerment
penalties for individuals who drive a motor vehicle, with a child
passenger in the vehicle, while intoxicated or while impaired by
alcohol, drugs, or a combination of substances.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``171. Sanctions for individuals driving with child passengers while
intoxicated or impaired.''. | Prevent Impaired Driving Child Endangerment Act This bill directs the Department of Transportation to withhold from states allocations of transportation funding unless such states enact and enforce certain laws with respect to an individual who is charged with driving a motor vehicle, with a child passenger, while intoxicated or impaired by alcohol, drugs, or a combination of substances. | {"src": "billsum_train", "title": "Prevent Impaired Driving Child Endangerment Act"} | 1,819 | 80 | 0.554079 | 1.343863 | 0.801022 | 4.714286 | 25.888889 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Vehicle Advancement Act of
2010''.
SEC. 2. INCREASE IN CREDIT AMOUNT FOR 2- AND 3-WHEELED ELECTRIC HIGHWAY
VEHICLES.
(a) In General.--Subsections (a) and (b) of section 30 of the
Internal Revenue Code of 1986 are amended to read as follows:
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to--
``(1) in the case of any qualified plug-in electric vehicle
placed in service by the taxpayer during the taxable year which
is a 2- or 3-wheeled vehicle described in subsection (d)(3),
the sum of--
``(A) $1,000,
``(B) in the case of a vehicle which draws
propulsion energy from a battery with not less than 2.5
kilowatt hours of capacity, $417, plus $417 for each
kilowatt hour of capacity in excess of 2.5 kilowatt
hours, plus
``(C) in the case of a vehicle which achieves at
least 75 miles per gallon equivalent, $2,000, and
``(2) in the case of any other qualified plug-in electric
vehicle placed in service by the taxpayer during the taxable
year, 10 percent of the cost of such vehicle.
``(b) Dollar Limitations.--
``(1) Battery capacity for 2- and 3-wheeled vehicles.--The
amount allowed under subsection (a)(1) with respect to any
vehicle by reason of subparagraph (B) thereof shall not exceed
$5,500.
``(2) Total.--The amount allowed under subsection (a)(1)
with respect to any vehicle shall not exceed $7,500.
``(3) Other qualified plug-in electric vehicles.--The
amount of the credit allowed under subsection (a)(2) with
respect to any vehicle shall not exceed $2,500.''.
(b) 2- or 3-Wheeled Motor Vehicles Described.--Subsection (d) of
section 30 of such Code is amended by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively, and by inserting after
paragraph (2) the following new paragraph:
``(3) 2- or 3-wheeled motor vehicle.--A 2- or 3-wheeled
vehicle described in this paragraph is a specified vehicle
described in paragraph (2)(B)--
``(A) with motive power having a seat, seats, or
saddle for the use of the rider or riders and designed
to travel on not more than 3 wheels in contact with the
ground,
``(B) which has an electric motor that produces in
excess of 5-brake horsepower,
``(C) which draws propulsion from 1 or more
traction batteries, and
``(D) which has been certified to the Department of
Transportation pursuant to section 567 of title 49,
Code of Federal Regulations, in effect on the date of
the manufacture of the vehicle.''.
(c) Miles Per Gallon Equivalent.--Subsection (d) of section 30 of
such Code, as amended by subsection (b), is amended by adding at the
end the following new paragraph:
``(6) Miles per gallon equivalent.--For purposes of this
section, the miles per gallon equivalent with respect to any
vehicle shall be the combined fuel economy with respect to such
vehicle, as determined under section 136(a)(2)(B) of the Energy
Independence and Security Act of 2007.''.
(d) Limitation on Number of 2- and 3-Wheeled Vehicles Eligible for
Credit.--Section 30 of such Code is amended by redesignating subsection
(f) as subsection (g) and by inserting after subsection (e) the
following new subsection:
``(e) Limitation on Number of 2- and 3-Wheeled Vehicles Eligible
for Credit.--
``(1) In general.--In the case of a 2- or 3-wheeled
electric vehicles described in subsection (d)(3) which are sold
during the phaseout period, only the applicable percentage of
the credit otherwise allowable under subsection (a) shall be
allowed.
``(2) Phaseout period.--For purposes of this subsection,
the phaseout period is the period beginning with the second
calendar quarter following the calendar quarter which includes
the first date on which the number of 2- or 3-wheeled electric
vehicles described in subsection (d)(3) manufactured by the
manufacturer of the vehicle referred to in paragraph (1) sold
for use in the United States after the date of the enactment of
this section is at least 100,000.
``(3) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is--
``(A) 50 percent for the first 2 calendar quarters
of the phaseout period,
``(B) 25 percent for the 3d and 4th calendar
quarters of the phaseout period, and
``(C) 0 percent for each calendar quarter
thereafter.
``(4) Controlled groups.--Rules similar to the rules of
section 30B(f)(4) shall apply for purposes of this
subsection.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Electric Vehicle Advancement Act of 2010 - Amends the Internal Revenue Code, with respect to the tax credit for plug-in electric vehicles, to allow an increased tax credit for the purchase of qualified electric vehicles which are a 2- or 3-wheeled vehicles.
Defines "2- or 3-wheeled vehicle" to include a vehicle: (1) with motive power having a seat, seats, or saddle for the use of the rider or riders and designed to travel on not more than 3 wheels in contact with the ground; (2) that has an electric motor that produces in excess of 5-brake horsepower; (3) that draws propulsion from 1 or more traction batteries; and (4) that has been certified to the Department of Transportation.
Limits the number of such vehicles eligible for the credit based upon a phaseout period effective after the first 100,000 of such vehicles are manufactured. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the credit amount for 2- and 3-wheeled electric highway vehicles, and for other purposes."} | 1,174 | 184 | 0.57897 | 1.594748 | 0.725358 | 4.586207 | 6.201149 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employment Access for Recidivism
Reduction Nationwide'' or the ``EARN Act''.
SEC. 2. ENHANCING INCENTIVES UNDER THE WORK OPPORTUNITY TAX CREDIT.
(a) In General.--The Secretary of Labor shall carry out activities
to--
(1) reduce and eliminate any backlogs of more than 6 months
for employers who apply for certifications from State workforce
agencies for purposes of the work opportunity credit program
under section 51 of the Internal Revenue Code of 1986;
(2) increase the awareness of employers of the Federal tax
credits available for employers who employ individuals who
otherwise face barriers to employment, such as recipients of
long-term family assistance and ex-felons; and
(3) utilize the Internet to process pre-screening notices
and certification requests for the work opportunity credit
determined under section 51 of the Internal Revenue Code of
1986.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Labor shall submit to the appropriate
committees of Congress, a plan that outlines the steps that will be
taken by the Department of Labor to carry out activities this section
to achieve the purposes of this Act.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of fiscal
years 2009 through 2014.
SEC. 3. IMPROVING THE FEDERAL BONDING PROGRAM.
(a) In General.--The Secretary of Labor shall carry out activities
to increase by 25 percent the number of fidelity bonds purchased and
issued by States through the Federal Bonding Program.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $1,000,000 for each of fiscal
years 2009 through 2014.
SEC. 4. INCREASED WORK OPPORTUNITY CREDIT FOR QUALIFIED EX-OFFENDERS
HIRED UNDER CERTIFIED PROGRAMS.
(a) In General.--Section 51 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(l) Increased Credit for Qualified Ex-Felons Hired Under Certain
Programs.--
``(1) In general.--In the case of a taxpayer who employs a
qualified ex-felon under a program described in paragraph (3),
the credit allowed under this section for any taxable year
shall be increased by an amount equal to the amount which bears
the same ratio to $10,000 as--
``(A) the number of days during the taxable year
during which such qualified ex-felon was employed by
the taxpayer, bears to
``(B) the number of days in the taxpayer's taxable
year.
``(2) Limitation.--
``(A) In general.--The aggregate credits allowed
under this subsection for all taxpayers shall not
exceed $10,000,000.
``(B) Allocation of credits.--The Secretary, in
consultation with the Secretary of Labor and the
Attorney General, shall allocate the credit limitation
under subparagraph (A) among taxpayers with programs
described in paragraph (3).
``(3) Qualified ex-felon program.--A program is described
in this paragraph if such program--
``(A) is certified by the Secretary, in
consultation with the Secretary of Labor and the
Attorney general, and
``(B) provides that any qualified ex-felon hired
under the program--
``(i) is paid wages by the taxpayer in an
amount equal to or greater than 150 percent of
the Federal minimum wage in effect under the
Fair Labor Standards Act of 1938, and
``(ii) is provided health care benefits by
the taxpayer which meet such standards as
promulgated by the Secretary, in consultation
with the Secretary of Labor and the Attorney
General.
``(4) Certain individuals ineligible.--Rules similar to the
rules under paragraphs (1), (2), and (3)(B) of subsection (i)
shall apply for purposes of this subsection.
``(5) Termination.--This subsection shall not apply with
respect to any taxable year beginning after the date that is 2
years after the date of the enactment of this subsection.''.
(b) Study and Report.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Labor and the Attorney
General, shall submit to Congress a report on the credits
allowed under section 51(l) of the Internal Revenue Code of
1986 (as added by this section).
(2) Matters reported.--The report under paragraph (1) shall
include--
(A) the number of taxpayers who applied for
certification of a program described in section
51(l)(3) of the Internal Revenue Code of 1986;
(B) the number of taxpayer who received
certification for such a program;
(C) the number of taxpayers who claimed a credit
under section 51(l) of such Code;
(D) the total amount of credits allowed under such
section;
(E) the number of qualified ex-offenders who
participated in such a program and who continued to be
employed under such a program--
(i) 6 months after the date of hire under
such program;
(ii) 12 months after the date of hire under
such program;
(iii) 18 months after the date of hire
under such program; and
(iv) 24 months after the date of hire under
such program; and
(F) the total number of qualified ex-offenders who
participated in such a program and who were
incarcerated at any time within the 36-month period
beginning with the date of hire under the program.
(c) Effective Date.--The amendment made in subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act. | Employment Access for Recidivism Reduction Nationwide or the EARN Act - Directs the Secretary of Labor to: (1) promote the work opportunity tax credit program by reducing backlogs of employer applications for certifications under such program and by increasing awareness of the availability of such credit; and (2) increase the number of fidelity bonds purchased and issued by states through the Federal Bonding Program.
Amends the Internal Revenue Code to increase the work opportunity tax credit for employers who employ ex-felons hired under certain federal programs. | {"src": "billsum_train", "title": "A bill to increase the incentives for employers to hire qualified ex-felons by enhancing the effectiveness of the work opportunity tax credit, to reduce the backlog of applications pending certification under the work opportunity tax credit program, to enhance the effectiveness of the Federal bonding program, to enhance the effectiveness of the Federal bonding program, and to authorize a pilot program for employment-focused re-entry projects."} | 1,303 | 110 | 0.64353 | 1.72056 | 1.161791 | 3.721649 | 12.309278 | 0.917526 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Health Quality and
Fairness Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Patient protection standards under the Public Health Service
Act.
``Part C--Patient Protection Standards
``Sec. 2770. Notice.
``Sec. 2771. Coverage of services.
``Sec. 2772. Access to emergency care.
``Sec. 2773. Protecting the doctor-patient relationship.
``Sec. 2774. Quality assurance.
``Sec. 2775. Designation of primary care provider.
``Sec. 2776. Grievance and appeals procedures.
``Sec. 2777. Understandability of information.''.
SEC. 2. PATIENT PROTECTION STANDARDS UNDER THE PUBLIC HEALTH SERVICE
ACT.
(a) Patient Protection Standards.--Title XXVII of the Public Health
Service Act is amended--
(1) by redesignating part C as part D, and
(2) by inserting after part B the following new part:
``Part C--Patient Protection Standards
``SEC. 2770. NOTICE.
``A health insurance issuer under this part shall comply with the
notice requirement under section 711(d) of the Employee Retirement
Income Security Act of 1974 with respect to the requirements of this
part as if such section applied to such issuer and such issuer were a
group health plan.
``SEC. 2771. COVERAGE OF SERVICES.
``(a) In General.--If a health insurance issuer offering health
insurance coverage provides benefits with respect to a service, and a
physician recommends such service for an enrollee, the issuer shall
cover any service furnished under the coverage unless a physician who
has reviewed the notes of the attending physician and any medical
records of the enrollee determines that such services should not be
covered.
``(b) Written Denial of Coverage.--In a case in which a health
insurance issuer denies coverage of a service to an enrollee, issuer
shall provide, in writing, to the enrollee, the physician who
recommended such service, and the primary physician of the enrollee--
``(1) the reasons for the denial of coverage;
``(2) the criteria used to determine whether to authorize
or deny coverage; and
``(3) the right of the enrollee to file a written
grievance.
``SEC. 2772. ACCESS TO EMERGENCY CARE.
``(a) Coverage of Emergency Services.--
``(1) In general.--If health insurance coverage provides
any benefits with respect to emergency services (as defined in
paragraph (2)(B)), the plan or issuer shall cover emergency
services furnished under the plan or coverage--
``(A) without the need for any prior authorization
determination;
``(B) whether or not the physician or provider
furnishing such services is a participating physician
or provider with respect to such services; and
``(C) without regard to any other term or condition
of such coverage (other than exclusion or coordination
of benefits, or an affiliation or waiting period,
permitted under section 2701 of the Public Health
Service Act, section 701 of the Employee Retirement
Income Security Act of 1974, or section 9801 of the
Internal Revenue Code of 1986, and other than
applicable cost sharing).
``(2) Definitions.--In this section:
``(A) Emergency medical condition based on prudent
layperson standard.--The term `emergency medical
condition' means a medical condition manifesting itself
by acute symptoms of sufficient severity (including
severe pain) such that a prudent layperson, who
possesses an average knowledge of health and medicine,
could reasonably expect the absence of immediate
medical attention to result in a condition described in
clause (i), (ii), or (iii) of section 1867(e)(1)(A) of
the Social Security Act.
``(B) Emergency services.--The term `emergency
services' means health care items and services that are
necessary for the diagnosis, treatment, and
stabilization of an emergency medical condition.
``SEC. 2773. PROTECTING THE DOCTOR-PATIENT RELATIONSHIP.
``(a) Prohibition on Restricting Communication.--A health insurance
issuer offering health insurance coverage may not restrict or interfere
with any communication between a health care professional and an
enrollee with respect to information that the health care professional
determines is relevant to the health care of the enrollee.
``(b) Prohibition on Financial Incentives.--A health insurance
issuer offering health insurance coverage may not offer or pay any
financial incentive to a provider of health care services to deny,
reduce, withhold, limit, or delay services to an enrollee.
``(c) Prohibition on Retaliation.--A health insurance issuer
offering health insurance coverage may not terminate a contract,
demote, refuse to contract with, or refuse to compensate a health care
professional because the professional--
``(1) advocates on behalf of an enrollee;
``(2) assists an enrollee in seeking reconsideration of a
decision by the issuer to deny coverage for a service; or
``(3) reports a violation of law to an appropriate
authority.
``SEC. 2774. QUALITY ASSURANCE.
``(a) Requirement.--A health insurance issuer offering health
insurance coverage shall establish and maintain an ongoing quality
assurance program that meets the requirements of subsection (b).
``(b) Program Requirements.--The requirements of this subsection
for a quality assurance program of an issuer are as follows:
``(1) Administration.--The issuer has an identifiable unit
with responsibility for administration of the program.
``(2) Written plan.--The issuer has a written plan,
developed in consultation with health care professionals, that
is updated annually and that specifies at least the following:
``(A) Criteria and procedures for the assessment of
quality.
``(B) Criteria and procedures for determining
coverage of services.
``(3) Review.--The program provides for systematic review
of the following:
``(A) Outcomes of health care services;
``(B) Peer review;
``(C) A system to collect and maintain information
related to the health care services provided to
enrollees;
``(D) Guidelines for action when problems related
to quality of care are identified.
``SEC. 2775. DESIGNATION OF PRIMARY CARE PROVIDER.
``If a health insurance issuer offering health insurance coverage
requires or provides for an enrollee to designate a participating
primary care provider--
``(1) the issuer shall permit a female enrollee to
designate an obstetrician-gynecologist who has agreed to be
designated as such, as the enrollee's primary care provider;
and
``(2) the issuer shall permit the enrollee to designate a
physician who specializes in pediatrics as the primary care
provider for a child of such enrollee.
``SEC. 2776. GRIEVANCE AND APPEALS PROCEDURES.
``(a) Establishment of Grievance System.--A health insurance
issuer, in connection with the provision of health insurance coverage,
shall establish and maintain a system to provide for the presentation
and resolution of oral and written grievances brought by enrollees. The
system shall include grievances regarding--
``(1) payment or reimbursement for covered services;
``(2) availability, delivery, and quality of services; and
``(3) terms and conditions of the plan or coverage.
``(b) General Elements.--The system shall include--
``(1) the general components described in subsection (c);
and
``(2) a process for appeals of adverse denials of
benefits--
``(A) through an internal appeal process;
``(B) through an external appeal process; and
``(C) through a process for expediting review of
the internal appeals process.
``(c) Components of the System.--Such system shall include the
following components with respect individuals who are enrollees:
``(1) The availability of a services representative to
assist such individuals, as requested, with the grievance
procedures.
``(2) A system to record and document, over a period of at
least 3 years, all grievances made and their status.
``(3) A process providing for timely processing and
resolution of grievances.
``(d) Internal Appeals Process.--
``(1) In general.--Each health insurance issuer shall
establish and maintain an internal appeals process under which
any enrollee, or provider acting on behalf of such an
individual with the individual's consent, who is dissatisfied
with the results of the issuer has the opportunity to appeal
the results before a review panel.
``(2) Deadline.--
``(A) In general.--The issuer shall conclude each
appeal as soon as possible after the time of the
receipt of the appeal in accordance with medical
exigencies of the case involved, but in no event later
than--
``(i) 72 hours after the time of receipt of
the appeal in the case of appeals from
decisions regarding urgent care, and
``(ii) 30 business days after such time in
the case of all other appeals.
``(3) Notice.--If an issuer denies an appeal, the issuer
shall provide the enrollee and provider involved with written
notification of the denial and the reasons therefor, together
with a written notification of rights to any further appeal.
``(e) External Appeals Process.--A health insurance issuer offering
group health insurance coverage, shall provide for an external appeals
process which may be used upon completion of the internal review
process under subsection (d). The process shall be conducted consistent
with standards established by the Secretary.
``(f) Expedited Review Process.--A health insurance issuer shall
establish written procedures for the expedited consideration of appeals
in situations in which the timeframe of a standard appeal under the
respective subsection has reasonable potential to jeopardize seriously
the life or health of the participant, beneficiary, or enrollee
involved or has reasonable potential to jeopardize such an individual's
ability to regain maximum function.
``SEC. 2777. UNDERSTANDABILITY OF INFORMATION.
``Information provided to or made available to enrollees under this
part, whether written or oral, shall be easily understandable by an
average layperson, with respect to the terms used.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to causes of action arising on or after the date of the enactment
of this Act. | Health Quality and Fairness Act of 1998 - Amends title XXVII (Assuring Portability, Availability, and Renewability of Health Insurance Coverage) of the Public Health Service Act to establish a new part (Patient Protection Standards) which sets forth health plan standards concerning: (1) notice; (2) coverage; (3) access to emergency care; (4) the doctor-patient relationship; (5) quality assurance; (6) designation of a primary care provider; (7) grievance and appeals procedures; and (8) understandability of information. | {"src": "billsum_train", "title": "Health Quality and Fairness Act of 1998"} | 2,461 | 120 | 0.514362 | 1.24191 | 0.62073 | 2.205607 | 20.439252 | 0.878505 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Seafood Consumer
Protection Act''.
SEC. 2. SEAFOOD SAFETY.
(a) In General.--The Secretary of Commerce shall, in coordination
with the Secretary of Health and Human Services and other appropriate
Federal agencies, establish a program to strengthen Federal activities
for ensuring that commercially distributed seafood in the United States
meets the food quality and safety requirements of Federal law.
(b) Memorandum of Understanding.--The Secretary of Commerce and the
Secretary of Health and Human Services shall enter into an agreement
within 180 days after enactment of this Act to strengthen cooperation
on seafood safety. The agreement shall include provisions for--
(1) cooperative arrangements for examining and testing
seafood imports;
(2) coordination of inspections of foreign facilities;
(3) technical assistance and training of foreign facilities
for marine aquaculture, technical assistance for foreign
governments concerning United States regulatory requirements,
and appropriate information transfer arrangements between the
United States and foreign governments;
(4) developing a process for expediting imports of seafood
into the United States from foreign countries and exporters
that consistently adhere to the highest standards for ensuring
seafood safety;
(5) establishing a system to track shipments of seafood in
the distribution chain within the United States;
(6) labeling requirements to assure species identity and
prevent fraudulent practices;
(7) a process by which officers and employees of the
National Oceanic and Atmospheric Administration and National
Marine Fisheries Service shall be commissioned by the Secretary
of Health and Human Services for seafood examinations and
investigations conducted under section 801 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381);
(8) the sharing of information concerning observed non-
compliance with United States food requirements domestically
and in foreign countries and new regulatory decisions and
policies that may affect regulatory outcomes; and
(9) conducting joint training on subjects that affect and
strengthen seafood inspection effectiveness by Federal
authorities.
SEC. 3. CERTIFIED LABORATORIES.
Within 180 days after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the Secretary of Health and
Human Services, shall increase the number of laboratories certified to
the standards of the Food and Drug Administration in the United States
and in countries that export seafood to the United States for the
purpose of analyzing seafood and ensuring that it complies with Federal
law. Such laboratories may include Federal, State, and private
facilities. The Secretary of commerce shall publish in the Federal
Register a list of certified laboratories, and shall update the list,
and publish the updated list, no less frequently than annually.
SEC. 4. NOAA LABORATORIES.
In any fiscal year beginning after the date of enactment of this
Act, the Secretary of Commerce shall increase the number and capacity
of laboratories operated by the National Oceanic and Atmospheric
Administration involved in carrying out testing and other activities
under this Act to the extent the Secretary determines that increased
laboratory capacity is necessary to carry out the provisions of this
Act and as provided for in appropriations Acts.
SEC. 5. CONTAMINATED SEAFOOD.
(a) Refusal of Entry.--The Secretary of Health and Human Services
shall issue an order refusing admission into the United States of all
imports of seafood or seafood products originating from a country or
exporter if the Secretary determines, on the basis of reliable
evidence, that shipments of such seafood or seafood products is not
likely to meet the requirements of Federal law.
(b) Increased Testing.--If the Secretary determines, on the basis
of reliable evidence that seafood imports originating from a country
may not meet the requirements of Federal law, and determines that there
is a lack of adequate certified laboratories to provide for the entry
of shipments pursuant to section 3, then the Secretary shall order an
increase in the percentage of shipments tested of seafood originating
from such country to improve detection of potential violations of such
requirements.
(c) Allowance of Individual Shipments From Exporting Country or
Exporter.--Notwithstanding an order under subsection (a) with respect
to seafood originating from a country or exporter, the Secretary may
permit individual shipments of seafood originating in that country or
from that exporter to be admitted into the United States if--
(1) the exporter presents evidence from a laboratory
certified by the Secretary that a shipment of seafood meets the
requirements of Federal law; and
(2) the Secretary, or an entity commissioned to carry out
examinations and investigations under section 702(a) of the
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has
inspected the shipment and has found that the shipment meets
the requirements of Federal law.
(d) Cancellation of Order.--The Secretary shall cancel an order
under subsection (a) with respect to seafood exported from a country or
exporter if all shipments into the United States under subsection (c)
of seafood originating in that country or from that exporter more than
1 year after the date on which the Secretary issued the order have been
found, under the procedures described in subsection (c), to meet the
requirements of Federal law. If the Secretary determines that an
exporter has failed to comply with the requirements of an order under
subsection (a), the 1-year period in the preceding sentence shall run
from the date of that determination rather than the date on which the
order was issued.
(e) Reliable Evidence Defined.--In this section, the term
``reliable evidence'' includes--
(1) the detection of failure to meet Federal law
requirements under subsection (a) by the Secretary;
(2) the detection of all seafood products that fail to meet
Federal law requirements by an entity commissioned to carry out
examinations and investigations under section 702(a) of the
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)) or a
laboratory certified under subsection (c);
(3) findings from an inspection team formed under section
6; or
(4) the detection by other importing countries of non-
compliance of shipments of seafood or seafood products that
originate from the exporting country or exporter.
(f) Effect.--This section shall be in addition to, and shall have
no effect on, the authority of the Secretary of Health and Human
Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.) with respect to seafood, seafood products, or any other
product.
SEC. 6. INSPECTION TEAMS.
The Secretary of Commerce, in cooperation with the Secretary of
Health and Human Services, shall send 1 or more inspectors to a country
or exporter from which seafood exported to the United States
originates. The inspection team will assess whether any prohibited
drug, practice, or process is being used in connection with the
farming, cultivation, harvesting, preparation for market, or
transportation of such seafood. The inspection team shall prepare a
report for the Secretary with its findings. The Secretary of Commerce
shall cause the report to be published in the Federal Register no later
than 90 days after the inspection team makes its final report. The
Secretary of Commerce shall notify the country or exporter through
appropriate means as to the findings of the report no later than the
date on which the report is published in the Federal Register. A
country may offer a rebuttal to the assessment within 90 days after
publication of the report.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of fiscal years
2009 through 2013, for purposes of carrying out the provisions of this
Act, $15,000,000. | Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to establish a program to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements.
Directs the Secretary and the Secretary of Health and Human Services to enter into an agreement to strengthen cooperation on seafood safety, including regarding testing, inspections of foreign facilities, technical assistance of foreign facilities, establishing a distribution chain tracking system, and labeling.
Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards.
Directs the Secretary to increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration (NOAA) involved in testing and other activities under this Act, as provided for in appropriations Acts.
Directs the Secretary of Health and Human Services to refuse admission of all imports of seafood or seafood products originating from a country or exporter if that Secretary determines the shipments are not likely to meet federal requirements. Allows admittance of individual shipments from that country or exporter on evidence from an inspection or a certified laboratory.
Authorizes the Secretary to send inspectors to an originating country or exporter. | {"src": "billsum_train", "title": "To improve the protections afforded under Federal law to consumers from contaminated seafood by directing the Secretary of Commerce to establish a program, in coordination with other appropriate Federal agencies, to strengthen activities for ensuring that seafood sold or offered for sale to the public in or affecting interstate commerce is fit for human consumption."} | 1,630 | 261 | 0.639528 | 1.769749 | 0.911337 | 3.822727 | 7.013636 | 0.940909 |
SECTION 1. SHORT TITLE AND FINDINGS.
(a) Short Title.--This Act may be cited as the ``Federal Lands
Restoration, Enhancement, Public Education, and Information Resources
Act of 2005''.
(b) Findings.--Congress finds the following:
(1) Violations of laws and regulations applicable to the
use of Federal lands under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture often result in
damages to those lands that require expenditures for
restoration activities to mitigate the damages.
(2) Increased public information and education regarding
the laws and regulations applicable to the use of these Federal
lands can help to reduce the frequency of unintentional
violations.
(3) It is appropriate that fines and other monetary
penalties paid as a result of violations of laws and
regulations applicable to the use of these Federal lands be
used to defray the costs of such restoration activities and to
provide such public information and education.
SEC. 2. USE OF FINES FROM VIOLATIONS OF LAWS AND REGULATIONS APPLICABLE
TO PUBLIC LANDS FOR RESTORATION AND INFORMATIONAL
ACTIVITIES.
(a) Lands Under Jurisdiction of Bureau of Land Management.--Section
305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1735), is amended by adding at the end the following new subsection:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a fine imposed under
section 3571 of title 18, United States Code, for a violation
of a regulation prescribed under section 303(a) shall be
available to the Secretary, without further appropriation and
until expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
public lands rendered necessary by the action which led
to the fine or by similar actions.
``(B) To increase public awareness of regulations
and other requirements regarding the use of the public
lands.
``(2) Treatment of excess funds.--Moneys referred to in
paragraph (1) that the Secretary determines are excess to the
amounts necessary to carry out the purposes specified in such
paragraph shall be transferred to the Crime Victims Fund
established by section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).''.
(b) National Park System Lands.--Section 3 of the National Park
Service Organic Act (16 U.S.C. 3), is amended--
(1) by striking ``That the Secretary'' the first place it
appears and inserting ``(a) Regulations for Use and Management
of National Park System; Enforcement.--The Secretary'';
(2) by striking ``He may also'' the first place it appears
and inserting the following:
``(b) Special Management Authorities.--The Secretary of the
Interior may'';
(3) by striking ``He may also'' the second place it appears
and inserting ``The Secretary may'';
(4) by striking ``No natural,'' and inserting the
following:
``(c) Lease and Permit Authorities.--No natural''; and
(5) by adding at the end the following new subsection:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a fine imposed under
section 3571 of title 18, United States Code, for a violation
of a rule or regulation prescribed under this section shall be
available to the Secretary of the Interior, without further
appropriation and until expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
National Park System lands rendered necessary by the
action which led to the fine or by similar actions.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of such lands.
``(2) Treatment of excess funds.--Moneys referred to in
paragraph (1) that the Secretary determines are excess to the
amounts necessary to carry out the purposes specified in such
paragraph shall be transferred to the Crime Victims Fund
established by section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).''.
(c) National Wildlife Refuge System Lands.--Subsection (f) of
section 4 of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd) is amended by adding at the end the following
new paragraphs:
``(3) Use of collected fines.--Any moneys received by the
United States as a result of a fine imposed under section 3571
of title 18, United States Code, for a violation of this Act or
a regulation issued thereunder shall be available to the
Secretary, without further appropriation and until expended,
for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
System lands rendered necessary by the action which led
to the fine or by similar actions.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of System lands.
``(4) Treatment of excess funds.--Moneys referred to in
paragraph (3) that the Secretary determines are excess to the
amounts necessary to carry out the purposes specified in such
paragraph shall be transferred to the Crime Victims Fund
established by section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).''.
(d) National Forest System Lands.--The eleventh undesignated
paragraph under the heading ``surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551), is amended----
(1) by inserting before the first sentence the following:
``SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS.
``(a) Regulations for Use and Protection of National Forest
System.--'';
(2) by striking ``destruction; and any violation'' and
inserting the following: ``destruction.
``(b) Violations; Penalties.--Any violation''; and
(3) by adding at the end the following new subsection:
``(c) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a collateral payment in
lieu of appearance or a fine imposed under section 3571 of
title 18, United States Code, for a violation of a regulation
issued under subsection (a) shall be available to the Secretary
of Agriculture, without further appropriation and until
expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on
National Forest System lands rendered necessary by the
action which led to the fine or payment.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of such lands.
``(2) Treatment of excess funds.--Moneys referred to in
paragraph (1) that the Secretary of Agriculture determines are
excess to the amounts necessary to carry out the purposes
specified in such paragraph shall be transferred to the Crime
Victims Fund established by section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601).''. | Federal Lands Restoration, Enhancement, Public Education, and Information Resources Act of 2005 - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and Federal law relating to National Forest System Lands, to make available any moneys received from fines or any moneys received from collateral payments in lieu of appearance for violations of rules and regulations applicable to Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for certain restoration and public informational activities on such lands. Transfers any such excess funds to the Crime Victims Fund established under the Victims of Crime Act of 1984. | {"src": "billsum_train", "title": "To provide a source of funds to carry out restoration activities on Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes."} | 1,680 | 147 | 0.60482 | 1.774958 | 0.588837 | 4.445313 | 11.773438 | 0.929688 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Home Health Nurse
and Patient Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. OASIS Task Force (OTF).
Sec. 5. Elimination of mandatory requirement to collect Outcomes
Assessment and Information Set (OASIS) data
from certain individuals.
Sec. 6. Improving the claims review process for dually-eligible
medicare and medicaid beneficiaries
receiving home health services.
Sec. 7. Claims Review and Audit Task Force (CRATF).
Sec. 8. Implementation of Task Force recommendations.
SEC. 2. FINDINGS.
The Senate makes the following findings:
(1) The Outcomes Assessment and Information Set (in this
section referred to as ``OASIS'') includes information
regarding the health and functional status of patients of home
health agencies, the use of health services by such patients,
the living conditions of such patients, and the social support
provided to such patients, that is necessary to assess the
quality of care being provided to medicare and medicaid
patients by home health agencies.
(2) According to the Comptroller General of the United
States, the average additional time that is necessary for a
home health agency to comply with the OASIS requirement for a
start-of-care assessment is 61 minutes more than the amount of
time to comply with such requirement estimated by the Centers
for Medicare & Medicaid Services.
(3) Existing Federal regulations and associated paperwork
requirements are excessively straining home health agencies and
their clinical staff, and are often reported by nurses to be
the primary contributors to their decreased job satisfaction.
(4) Many nurses and home health aides are leaving the home
health care profession and patients are staying in the hospital
longer than necessary.
(5) A 2000 national survey of home health agencies by the
Hospital and Healthcare Compensation Service reported a 21
percent turnover rate for registered nurses, a 24 percent
turnover rate for licensed practical nurses, and a 28 percent
turnover rate for home health aides.
(6) In its May 17, 2001 report titled ``Nursing Workforce--
Recruitment and Retention of Nurses and Nurse Aides Is a
Growing Concern'', the General Accounting Office reported that
the jobs for nurse aides working in home health care are
projected to increase by 58 percent, from 746,000 in 1998 to
1,200,000 in 2008.
SEC. 3. DEFINITIONS.
In this Act:
(1) Comprehensive assessment of patients.--The term
``comprehensive assessment of patients'' means the rule
published by the Centers for Medicare & Medicaid Services that
requires, as a condition of participation in the medicare
program, a home health agency to provide a patient-specific
comprehensive assessment that accurately reflects the patient's
current status and that incorporates the Outcome and Assessment
Information Set (OASIS).
(2) CRATF.--The term ``CRATF'' means the Claims Review and
Audit Task Force established under section 7.
(3) Home health agency.--The term ``home health agency''
has the meaning given that term under section 1861(o) of the
Social Security Act (42 U.S.C. 1395x(o)).
(4) Outcome and assessment information set; oasis.--The
terms ``Outcome and Assessment Information Set'' and ``OASIS''
mean the standard provided under the rule relating to data
items that must be used in conducting a comprehensive
assessment of patients.
(5) Medicaid beneficiary.--The term ``medicaid
beneficiary'' means an individual who is eligible for medical
assistance under a State plan under the medicaid program under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(6) Medicare beneficiary.--The term ``medicare
beneficiary'' means an individual who is entitled to benefits
under part A of title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.) or enrolled under part B of such title
(42 U.S.C. 1395j et seq.), including an individual who is
enrolled in a Medicare+Choice plan under part C of such title
(42 U.S.C. 1395w-21 et seq.).
(7) OTF.--The term ``OTF'' means the OASIS Task Force
established under section 4.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Administrator
of the Centers for Medicare & Medicaid Services.
SEC. 4. OASIS TASK FORCE (OTF).
(a) Establishment of the OASIS Task Force.--The Secretary shall
establish the OASIS Task Force (in this section referred to as the
``OTF'') in accordance with the provisions of section 1114(f) of the
Social Security Act (42 U.S.C. 1314(f)).
(b) Membership.--The OTF shall be composed of 11 members appointed
by the Secretary as follows:
(1) 3 members shall be officers, employees, or designees of
the Centers for Medicare & Medicaid Services.
(2) 4 members shall be national home health industry
representatives.
(3) 4 members shall be patient advocates.
(c) Date.--The Secretary shall appoint the members of the OTF not
later than the date that is 60 days after the date of enactment of this
Act.
(d) Study and Report.--
(1) Study.--The OTF shall conduct a study on the
comprehensive assessment of patients to determine whether--
(A) the number of assessments required during an
episode of care or the number of questions asked during
each assessment should be decreased to eliminate
redundant and uninformative clinical information;
(B) a uniform data collection standard is needed to
ensure that patients who are not medicare beneficiaries
or medicaid beneficiaries receive the same quality of
care as patients who are medicare beneficiaries or
medicaid beneficiaries; and
(C) OASIS data should be collected from medicaid
beneficiaries who are not medicare beneficiaries.
(2) Report.--Not later than the date that is 6 months after
the date of enactment of this Act, the OTF shall submit to the
Secretary and Congress a report on the study conducted under
paragraph (1), together with such recommendations for
legislative or administrative action as the OTF determines
appropriate.
SEC. 5. ELIMINATION OF MANDATORY REQUIREMENT TO COLLECT OUTCOMES
ASSESSMENT AND INFORMATION SET (OASIS) DATA FROM CERTAIN
INDIVIDUALS.
Not later than the date that is 6 months after the date of
enactment of this Act, the Secretary shall promulgate a regulation
revising the data collection requirements under the Outcome and
Assessment Information Set (OASIS) standard that is used as part of the
comprehensive assessment of patients--
(1) to make the use of such data collection requirements
optional with respect to patients of home health agencies who
are not medicare beneficiaries or medicaid beneficiaries; and
(2) to eliminate such data collection requirements with
respect to any patient of a home health agency to whom only
personal care services are furnished.
SEC. 6. IMPROVING THE CLAIMS REVIEW PROCESS FOR DUALLY-ELIGIBLE
MEDICARE AND MEDICAID BENEFICIARIES RECEIVING HOME HEALTH
SERVICES.
(a) In General.--The Secretary shall review each regulation
relating to the demand billing process as such process applies to
individuals who are both medicare beneficiaries and medicaid
beneficiaries to determine whether such processes may be conducted in a
manner that--
(1) is efficient;
(2) allows for--
(A) the determination of coverage of home health
services under the medicare program with respect to a
patient not later than the date that is 3 weeks after
the date on which the patient is admitted to the home
health agency; and
(B) the expedient submission of a claim prior to
the end of an episode of care that avoids the
submission of a request for anticipated payment before
a final payment determination is made; and
(3) does not adversely affect medicare beneficiaries,
medicaid beneficiaries, or home health agencies in the
determination of whether payment may be made under the medicare
program for an item or service furnished by a home health
agency.
(b) Implementation.--Not later than the date that is 6 months after
the date of enactment of this Act, the Secretary shall promulgate a
final rule in accordance with section 1871 of the Social Security Act
(42 U.S.C. 1395hh) revising the processes described in subsection (a)
based on the review conducted under such subsection.
SEC. 7. CLAIMS REVIEW AND AUDIT TASK FORCE (CRATF).
(a) Establishment of the Claims Review and Audit Task Force.--The
Secretary shall establish the Claims Review and Audit Task Force (in
this section referred to as the ``CRATF'') in accordance with the
provisions of section 1114(f) of the Social Security Act (42 U.S.C.
1314(f)).
(b) Membership.--The CRATF shall be composed of 11 members
appointed by the Secretary as follows:
(1) 5 members shall be officers or employees of the Centers
for Medicare & Medicaid Services.
(2) 6 members shall be national home health industry
representatives.
(c) Date.--The Secretary shall appoint the members of the CRATF not
later than the date that is 60 days after the date of enactment of this
Act.
(d) Study and Report.--
(1) Study.--
(A) In general.--The CRATF shall conduct a study on
the processes and policies used to review medical
claims submitted by home health agencies, technical
denials of payment of such claims, and the statistical
sampling methodology used to conduct post-payment
audits and reviews of such claims.
(B) Specific proposals considered.--In conducting
the study under subparagraph (A), the CRATF shall
consider the following proposals:
(i) Establishing reasonable time limits on
regional home health intermediaries for review
of claims.
(ii) Creating opportunities to use
alternative dispute resolution to resolve
disputes involving a claim for payment of a
home health agency.
(iii) Taking into account the results of
all past claim reviews and appeal
determinations to decide whether the provider
should be subject to the proposed audit.
(iv) Setting standards for responsible and
ethical home health agencies so that agencies
that meet those standards would be subject to a
minimal number of sampling audits, focused
medical reviews, and extensive prepayment claim
reviews.
(v) The elimination of technical denials of
payment of claims submitted by home health
agencies.
(vi) Allowing the resubmission of any
technically noncompliant claim submitted by a
home health agency that has been corrected so
that such claim is a clean claim.
(vii) Allowing physician assistants and
nurse practitioners to certify and make changes
to home health care plans to ensure that home
health agencies will be reimbursed in a timely
manner and that care to the medicare
beneficiary or medicaid beneficiary would not
be interrupted.
(viii) Developing a sampling regulation
through the rulemaking process described in
section 1871(b)(1) of the Social Security Act
(42 U.S.C. 1871(b)(1)).
(ix) Only using the methodology of
projecting overpayment to a provider of home
health services from a sample of claims where
the Secretary has documented a widespread
pattern of submitting erroneous claims for
payment by that provider for which payment is
made under the medicare program.
(2) Report.--Not later than the date that is 6 months after
the date of enactment of this Act, the CRATF shall submit to
the Secretary and Congress a report on the study conducted
under paragraph (1), together with such recommendations for
legislative or administrative action as the CRATF determines
appropriate.
SEC. 8. IMPLEMENTATION OF TASK FORCE RECOMMENDATIONS.
(a) Implementation of OTF Recommendations.--Not later than the date
that is 6 months after the date on which the Secretary receives the
report submitted under section 4(d)(2), the Secretary shall promulgate
a regulation in accordance with section 1871 of the Social Security Act
(42 U.S.C. 1395hh) revising the regulations relating to the
comprehensive assessment of patients in order to implement the
recommendations of the OTF contained in such report.
(b) Implementation of CRATF Recommendations.--Not later than the
date that is 6 months after the date on which the Secretary receives
the report submitted under section 7(d)(2), the Secretary shall
promulgate a regulation in accordance with section 1871 of the Social
Security Act (42 U.S.C. 1395hh) revising the regulations relating to
the processes and policies for review of medical claims submitted by
home health agencies, technical denials of payment of such claims, and
the statistical sampling methodology used to conduct post-payment
audits and reviews of such claims in order to implement the
recommendations of the CRATF contained in such report. | Home Health Nurse and Patient Act of 2001 - Directs the Secretary of Health and Human Services to establish the Outcome and Assessment Information Set (OASIS) Task Force to study and report to the Secretary and Congress on the comprehensive assessment of patients to determine whether: (1) the number of assessments required during an episode of care or the number of questions asked during each assessment should be decreased to eliminate redundant and uninformative clinical information; (2) a uniform data collection standard is needed to ensure that patients who are not Medicare (title XVIII of the Social Security Act (SSA)) or Medicaid (SSA title XIX) beneficiaries receive the same quality of care as Medicare or Medicaid beneficiaries; and (3) OASIS data should be collected from Medicaid beneficiaries who are not Medicare beneficiaries.Directs the Secretary to promulgate a regulation revising the data collection requirements under the OASIS standard used as part of the comprehensive assessment of patients to: (1) make use of such requirements optional for patients of home health agencies who are not Medicare or Medicaid beneficiaries; and (2) eliminate such requirements for any home health agency patient to whom only personal care services are furnished.Requires the Secretary to review each regulation relating to the demand billing process for individuals who are both Medicare and Medicaid beneficiaries to determine whether it may be conducted in a manner that is efficient, allows for determination of Medicare coverage of home health services and expedient claims submission, and does not adversely affect Medicare or Medicaid beneficiaries or home health agencies in determination of whether Medicare payment may be made for an item or service.Directs the Secretary to establish the Claims Review and Audit Task Force to study and report to the Secretary and Congress on the processes and policies used to review medical claims submitted by home health agencies and on other specified matters.Provides for the implementation of Task Force recommendations. | {"src": "billsum_train", "title": "A bill to streamline the regulatory processes applicable to home health agencies under the medicare program under title XVIII of the Social Security Act and the medicaid program under title XIX of such Act, and for other purposes."} | 2,924 | 378 | 0.627336 | 2.084563 | 0.656791 | 4.386364 | 7.360795 | 0.971591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Protection Act of
2005''.
SEC. 2. FINDINGS.
Congress hereby finds that--
(1) small businesses represent more than 99 percent of all
employers,
(2) the majority of private sector employees work for small
businesses,
(3) more than half of all high-tech workers work for small
businesses,
(4) small businesses are responsible for the majority of
net job creation in the United States,
(5) more than 12 million small businesses are owned by
women or minorities,
(6) small businesses face unique challenges in accessing
capital markets,
(7) small businesses are exposed to more market volatility
than larger employers,
(8) small businesses are hurt disproportionately by costs
imposed by government regulations, and
(9) small businesses are in need of reforms to the tax code
that reflect these unique challenges.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide employees salaries and benefits, and to help
ensure solvency of small businesses during times of recession,
(2) to encourage the formation, growth, and survival of
small businesses,
(3) to encourage opportunities for charitable giving by
small businesses, and
(4) to enable small businesses to stimulate the national
economy through increased employment and capital generation.
SEC. 4. SMALL BUSINESS PROTECTION ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 (relating to taxable year for
which deductions taken) is amended by inserting after section 468B the
following:
``SEC. 468C. SMALL BUSINESS PROTECTION ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual engaged in
an eligible small business, there shall be allowed as a deduction for
any taxable year the amount paid in cash by the taxpayer during the
taxable year to a Small Business Protection Account.
``(b) Limitation.--
``(1) In general.--The amount which a taxpayer may pay into
a Small Business Protection Account for any taxable year shall
not exceed 50 percent of so much of the net profit of the
taxpayer (determined without regard to this section) which is
attributable (determined in the manner applicable under section
1301) to any trade or business.
``(2) Carryover of excess limitation.--If the limitation
under paragraph (1) for any taxable year exceeds the amount
paid by the taxpayer to the taxpayer's Small Business
Protection Account for such year, the limitation under
paragraph (1) for the following taxable year (determined
without regard to this paragraph) shall be increased by such
excess.
``(c) Eligible Small Business.--For purposes of this section, the
term `eligible small business' means any trade or business if--
``(1) such trade or business (or any predecessor thereof)
meets the gross receipts test of section 448(c) for all prior
taxable years,
``(2) such trade or business is not a passive activity
(within the meaning of section 469(c)) of the taxpayer,
``(3) such trade or business is not a farming business (as
defined in section 263A(e)(4)), and
``(4) such trade or business has never been determined by
the United States Equal Employment Opportunity Commission to
have engaged in job discrimination.
``(d) Small Business Protection Account.--For purposes of this
section--
``(1) In general.--The term `Small Business Protection
Account' means a trust created or organized in the United
States for the exclusive benefit of the taxpayer, but only if
the written governing instrument creating the trust meets the
following requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of a
Small Business Protection Account shall be treated for purposes
of this title as the owner of such Account and shall be subject
to tax thereon in accordance with subpart E of part I of
subchapter J of this chapter (relating to grantors and others
treated as substantial owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from a Small Business
Protection Account of the taxpayer during such taxable
year, and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in eligible small business), and
``(iii) subparagraph (A) or (B) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Paragraph (1)(A) shall not apply to--
``(A) any distribution to the extent attributable
to income of the Account, and
``(B) the distribution of any contribution paid
during a taxable year to a Small Business Protection
Account to the extent that such contribution exceeds
the limitation applicable under subsection (b) if
requirements similar to the requirements of section
408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be
treated as first attributable to income and then to other
amounts.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any Small
Business Protection Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from a Small Business
Protection Account (other than distributions of current
income) shall be treated as made from deposits in the
order in which such deposits were made, beginning with
the earliest deposits.
``(2) Cessation in eligible business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in an eligible small business, there shall
be deemed distributed from the Small Business Protection
Account of the taxpayer an amount equal to the balance in such
Account (if any) at the close of such disqualification period.
For purposes of the preceding sentence, the term
`disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in an
eligible small business.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 220(f)(8) (relating to treatment on
death).
``(B) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(C) Section 408(e)(4) (relating to effect of
pledging account as security).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
Small Business Protection Account on the last day of a taxable
year if such payment is made on account of such taxable year
and is made on or before the due date (without regard to
extensions) for filing the return of tax for such taxable year.
``(5) Individual.--For purposes of this section, the term
`individual' shall not include an estate or trust.
``(6) Deduction not allowed for self-employment tax.--The
deduction allowable by reason of subsection (a) shall not be
taken into account in determining an individual's net earnings
from self-employment (within the meaning of section 1402(a))
for purposes of chapter 2.
``(g) Reports.--The trustee of a Small Business Protection Account
shall make such reports regarding such Account to the Secretary and to
the person for whose benefit the Account is maintained with respect to
contributions, distributions, and such other matters as the Secretary
may require under regulations. The reports required by this subsection
shall be filed at such time and in such manner and furnished to such
persons at such time and in such manner as may be required by such
regulations.''.
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 of such Code (relating
to tax on excess contributions to certain tax-favored accounts
and annuities) is amended by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and by inserting
after paragraph (3) the following:
``(4) a Small Business Protection Account (within the
meaning of section 468C(d)),''.
(2) Section 4973 of such Code is amended by adding at the
end the following:
``(h) Excess Contributions to Small Business Protection Account.--
For purposes of this section, in the case of a Small Business
Protection Account (within the meaning of section 468C(d)), the term
`excess contributions' means the amount by which the amount contributed
for the taxable year to the Account exceeds the amount which may be
contributed to the Account under section 468C(b) for such taxable year.
For purposes of this subsection, any contribution which is distributed
out of the Small Business Protection Account in a distribution to which
section 468C(e)(2)(B) applies shall be treated as an amount not
contributed.''.
(3) The section heading for section 4973 of such Code is
amended to read as follows:
``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES,
ETC.''.
(4) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4973 and
inserting the following:
``Sec. 4973. Excess contributions to certain accounts, annuities,
etc.''.
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 of such Code (relating
to tax on prohibited transactions) is amended by adding at the
end the following:
``(7) Special rule for small business protection account.--
A person for whose benefit a Small Business Protection Account
(within the meaning of section 468C(d)) is established shall be
exempt from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be a Small Business
Protection Account by reason of the application of section
468C(f)(3)(A) to such account.''.
(2) Paragraph (1) of section 4975(e) of such Code is
amended by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively, and by inserting after
subparagraph (E) the following:
``(F) a Small Business Protection Account described
in section 468C(d),''.
(d) Failure to Provide Reports on Small Business Protection
Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to
failure to provide reports on certain tax-favored accounts or
annuities) is amended by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively, and by inserting after
subparagraph (C) the following:
``(D) section 468C(g) (relating to Small Business
Protection Accounts),''.
(e) 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:
``Sec. 468C. Small Business Protection Accounts.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(g) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Small Business Administration
shall submit a report on the implementation and effectiveness of
section 468C of the Internal Revenue Code of 1986 (as added by this
section), with emphasis on the impact of Small Business Protection
Accounts in enterprise and similar zones, to the Committee on Small
Business of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate.
SEC. 5. ADMINISTRATIVE AUTHORITY.
The Administrator of the Small Business Administration shall
designate the Small Business Development Center Program as the lead
agency for assisting small businesses in establishing and operating
Small Business Protection Accounts. The Internal Revenue Service shall
provide such assistance to the Small Business Administration as
necessary for the purposes of this section. | Small Business Protection Act of 2005 - Amends the Internal Revenue Code to allow certain small business owners a tax deduction for cash contributions to a Small Business Protection Account. Limits the amount of such deduction to 50 percent of a taxpayer's net profits.
Directs the Small Business Administration, through the Small Business Development Center Program, to assist small businesses in establishing and operating Small Business Protection Accounts. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for Small Business Protection Accounts, and for other purposes."} | 3,229 | 86 | 0.500881 | 1.221593 | 1.139656 | 3.293333 | 40.053333 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Drug Policy
Commission Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Substance Abuse and Mental Health
Services Administration's (SAMHSA) National Survey on Drug Use
and Health, in 2012 in the United States, an estimated
23,900,000 persons age 12 or older were current drug users.
There were an estimated 1,600,000 users of cocaine, 440,000
users of methamphetamine, 335,000 users of heroin, 18,900,000
users of marijuana, and 6,800,000 non-medical users of
prescription-type drugs.
(2) On September 13, 2013, President Barack Obama
identified 22 countries as major drug transit or major illicit
drug producing countries. Of these, 17 are located in the
Western Hemisphere. They are The Bahamas, Belize, Bolivia,
Colombia, Costa Rica, the Dominican Republic, Ecuador, El
Salvador, Guatemala, Haiti, Honduras, Jamaica, Mexico,
Nicaragua, Panama, Peru, and Venezuela.
(3) Nearly all cocaine consumed in the United States
originates in the Andean countries of Bolivia, Colombia, and
Peru and most of the heroin consumed in the United States
originates in Colombia and Mexico. The cultivation, production
and trafficking of cocaine and heroin generate violence,
instability, and corruption.
(4) In the transit countries of Central America, Mexico,
Venezuela, Ecuador, the Dominican Republic, Haiti, and other
Caribbean countries, drug trafficking is central to the growing
strength of organized criminals to threaten local and national
law enforcement, political institutions, citizen security, rule
of law, and United States security and interests.
(5) Drug trafficking-related violence continues unabated in
Mexico. According to Government of Mexico estimates, some
70,000 people died in Mexico and 25,000 people disappeared as a
result of drug trafficking and organized crime-related violence
between December 2006 and December 2012. According to analysts,
more than 11,500 more people died in Mexico in 2013 due to the
violence.
(6) Foreign Terrorist Organizations and their supporters in
the Western Hemisphere, including the Revolutionary Armed
Forces of Colombia (FARC) and Hezbollah, have used drug
trafficking to finance their activities.
(7) The United States obligated roughly $15,700,000,000
($18,600,000,000 in constant 2012 dollars) for counternarcotics
programs in Latin America and the Caribbean between 1980 and
2012.
SEC. 3. ESTABLISHMENT.
There is established an independent commission to be known as the
``Western Hemisphere Drug Policy Commission'' (in this Act referred to
as the ``Commission'').
SEC. 4. DUTIES.
(a) Review of Illicit Drug Control Policies.--The Commission shall
conduct a comprehensive review of United States foreign policy in the
Western Hemisphere to reduce the illicit drug supply and drug abuse and
reduce the damage associated with illicit drug markets and trafficking.
The Commission shall also identify policy and program options to
improve existing international counternarcotics policy. The review
shall include the following topics:
(1) An evaluation of United States-funded international
illicit drug control programs in the Western Hemisphere,
including drug interdiction, crop eradication, alternative
development, drug production surveys, police and justice sector
training, demand reduction, and strategies to target drug
kingpins.
(2) An evaluation of the impact of United States
counternarcotics assistance programs in the Western Hemisphere,
including the Colombia Strategic Development Initiative, the
Merida Initiative, the Caribbean Basin Security Initiative and
the Central America Regional Security Initiative, in curbing
drug production, drug trafficking, and drug-related violence
and improving citizen security.
(3) An evaluation of how the President's annual
determination of major drug-transit and major illicit drug
producing countries pursuant to sections 490 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j) and section 706 of the
Foreign Relations Authorization Act, Fiscal Year 2003 (22
U.S.C. 2291j-1) serves United States interests with respect to
United States international illicit drug control policies.
(4) An evaluation of whether the proper indicators of
success are being used to evaluate United States international
illicit drug control policy.
(5) An evaluation of United States efforts to stop illicit
proceeds from drug trafficking organizations from entering the
United States financial system.
(6) An evaluation of alternative drug policy models in the
Western Hemisphere.
(7) An evaluation of the impact of local drug consumption
in Latin America and the Caribbean in promoting violence and
insecurity.
(8) Recommendations on how best to improve United States
counternarcotics policies in the Western Hemisphere.
(b) Coordination With Governments, International Organizations, and
Nongovernmental Organizations in the Western Hemisphere.--In conducting
the review required under subsection (a), the Commission is encouraged
to consult with--
(1) government, academic, and nongovernmental leaders, as
well as leaders from international organizations, from
throughout the United States, Latin America, and the Caribbean;
and
(2) the Inter-American Drug Abuse Control Commission
(CICAD).
(c) Report.--
(1) In general.--Not later than 1 year after the first
meeting of the Commission, the Commission shall submit to the
Committee on Foreign Affairs of the House of Representatives,
the Committee on Foreign Relations of the Senate, the Secretary
of State, and the Director of the Office of National Drug
Control Policy a report that contains--
(A) a detailed statement of the recommendations,
findings, and conclusions of the Commission under
subsection (a); and
(B) summaries of the input and recommendations of
the leaders and organizations with which the Commission
consulted under subsection (b).
(2) Public availability.--The report required under this
subsection shall be made available to the public.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
ten members to be appointed as follows:
(1) The majority leader and minority leader of the Senate
shall each appoint 2 members.
(2) The Speaker and the minority leader of the House of
Representatives shall each appoint 2 members.
(3) The President shall appoint 2 members.
(b) Prohibition.--
(1) In general.--The Commission may not include Members of
Congress or Federal, State, or local government officials.
(2) Member of congress.--In this subsection, the term
``Member of Congress'' includes a Delegate or Resident
Commissioner to the Congress.
(c) Period of Appointment.--Each member shall be appointed for the
life of the Commission. Any vacancies shall not affect the power and
duties of the Commission, but shall be filled in the same manner as the
original appointment.
(d) Date.--Members of the Commission shall be appointed not later
than 30 days after the date of the enactment of this Act.
(e) Initial Meeting and Selection of Chairperson.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Commission shall hold an initial
meeting to develop and implement a schedule for completion of
the review and report required under section 4.
(2) Chairperson.--At the initial meeting, the Commission
shall select a Chairperson from among its members.
(f) Quorum.--Six members of the Commission shall constitute a
quorum.
(g) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services for the
Commission.
SEC. 6. POWERS.
(a) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(b) Hearings.--The Commission shall hold such hearings and
undertake such other activities as the Commission determines necessary
to carry out its duties.
(c) Other Resources.--
(1) Documents, statistical data, and other such
information.--
(A) In general.--The Commission shall have
reasonable access to documents, statistical data, and
other such information the Commission determines
necessary to carry out its duties from the Library of
Congress, the Office of National Drug Control Policy,
the Department of State, and other agencies of the
executive and legislative branches of the Federal
Government.
(B) Obtaining information.--The Chairperson of the
Commission shall request the head of an agency
described in subparagraph (A) for access to documents,
statistical data, or other such information described
in subparagraph (A) that is under the control of such
agency in writing when necessary.
(2) Office space and administrative support.--The General
Services Administration shall make office space available for
day-to-day activities of the Commission and for scheduled
meetings of the Commission. Upon request, the Administrator of
General Services shall provide, on a reimbursable basis, such
administrative support as the Commission requests to fulfill
its duties.
(d) Authority To Use United States 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) Authority To Contract.--
(1) In general.--Subject to the Federal Property and
Administrative Services Act of 1949, the Commission is
authorized to enter into contracts with Federal and State
agencies, private firms, institutions, and individuals for the
conduct of activities necessary to the discharge of its duties
under section 4.
(2) Termination.--A contract, lease, or other legal
agreement entered into by the Commission may not extend beyond
the date of termination of the Commission.
SEC. 7. STAFF.
(a) Director.--The Commission shall have a Director who shall be
appointed by a majority vote of the Commission. The Director shall be
paid at a rate not to exceed the rate of basic pay for level IV of the
Executive Schedule.
(b) Staff.--
(1) In general.--With the approval of the Commission, the
Director may appoint such personnel as the Director determines
to be appropriate. Such personnel shall be paid at a rate not
to exceed the rate of basic pay for level IV of the Executive
Schedule.
(2) Additional staff.--The Commission may appoint and fix
the compensation of such other personnel as may be necessary to
enable the Commission to carry out its duties, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable to a
person occupying a position at level V of the Executive
Schedule.
(c) Experts and Consultants.--With the approval of the Commission,
the Director may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(d) Detail of Government Employees.--Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the Commission to
assist in carrying out the duties of the Commission. Any such detail
shall not interrupt or otherwise affect the civil service status or
privileges of the personnel.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $2,000,000
to carry out this Act.
(b) Availability.--Amounts authorized to be appropriated under
subsection (a) are authorized to remain available until expended.
SEC. 9. OFFSET.
Section 102(a) of the Enhanced Partnership with Pakistan Act of
2009 (22 U.S.C. 8412(a); Public Law 111-73; 123 Stat. 2068) is amended
by striking ``$1,500,000,000'' and inserting ``$1,498,000,000''.
SEC. 10. SUNSET.
The Commission shall terminate on the date that is 60 days after
the date on which the Commission submits its to Congress of its report
pursuant to section 4(c). | Western Hemisphere Drug Policy Commission Act of 2014 - Establishes the Western Hemisphere Drug Policy Commission, which shall: (1) conduct a comprehensive review of U.S. foreign policy in the Western Hemisphere to reduce the illicit drug supply and drug abuse and reduce the damage associated with illicit drug markets and trafficking, and (2) identify policy and program options to improve existing international and domestic counternarcotics policy. Terminates the Commission 60 days after submission of its report. | {"src": "billsum_train", "title": "Western Hemisphere Drug Policy Commission Act of 2014"} | 2,638 | 104 | 0.464256 | 1.302409 | 0.695667 | 5.2 | 28.835294 | 0.941176 |
SECTION 1. EXTENSION OF ENVIRONMENTAL CONSERVATION ACREAGE RESERVE
PROGRAM.
(a) In General.--The following provisions of the Food Security Act
of 1985 are each amended by striking ``1995'' and inserting ``2005'':
(1) Section 1230(a) (16 U.S.C. 3830(a)).
(2) Section 1231(a) (16 U.S.C. 3831(a)).
(3) Section 1231(b)(3) (16 U.S.C. 3831(b)(3)).
(4) The first sentence of section 1231(d) (16 U.S.C.
3831(d)).
(5) Section 1232(c) (16 U.S.C. 3832(c)).
(6) Section 1238B(a)(1) (16 U.S.C. 3838b(a)(1)).
(7) Section 1238B(a)(2) (16 U.S.C. 3838b(a)(2)).
(8) Section 1238B(a)(11) (16 U.S.C. 3838b(a)(2)).
(9) Section 1239(a) (16 U.S.C. 3839(a)).
(b) Wetlands Reserve Program.--Section 1237(c) of such Act (16
U.S.C. 3837(c)) is amended by striking ``2000'' and inserting ``2005''.
SEC. 2. AUTHORITY TO MODIFY OR EXTEND CONTRACTS.
(a) In General.--Subchapter B of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3831-3836) is amended
by inserting after section 1235A the following:
``SEC. 1235B. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER USES.
``(a) In General.--Prior to or upon the expiration of a contract
entered into under this subchapter with respect to environmentally
sensitive land (as defined by the State technical committee established
under section 1261 in the State in which the land is located, or until
such committee is formed, the State technical working group), the
Secretary shall extend the duration of the contract, or modify the
terms of the contract, in accordance with this section. The Secretary
shall place a priority on extending or modifying under this section
contracts entered into under this subchapter in such a way as to enable
owners and operators to comply with the applicable plan referred to in
section 1232(a)(1).
``(b) Options for Owners and Operators.--The Secretary shall permit
an owner or operator who has entered into a contract under this
subchapter that is in effect on the date of the enactment of this
section--
``(1) before the expiration of the contract, to remove land
(including partial fields) from enrollment in the conservation
reserve established under this subchapter if--
``(A) the land is not highly erodible cropland;
``(B) the Soil Conservation Service has classified
the land as class I, II, III(s), III(w), or III(c), and
the land is covered by a conservation plan approved by
the local conservation district (or, if the land is not
within a conservation district, a plan approved by the
Secretary) that limits the soil erosion to such land to
not more than the soil loss tolerance level referred to
in section 1201(a)(7)(A)(ii); or
``(C) the land is replaced by land of the same
owner that, according to the local conservation
district or the Secretary, is more environmentally
sensitive;
``(2) before the expiration of the contract, to re-enroll
in the reserve for not more than 10 years portions of land
enrolled in the reserve if--
``(A) the land will remain planted to permanent
cover and devoted to filter strips, field borders,
waterways, terraces, wildlife corridors, well-head
protection; buffer strips adjacent to rivers, streams,
lakes, wetlands, or any other conservation purpose that
the Secretary deems appropriate; and
``(B) future production on the re-enrolled land
will not contribute to erosion in excess of the soil
loss tolerance level referred to in section
1201(a)(7)(A)(ii);
``(3) before the expiration of the contract, to enter into
negotiations with the Secretary to receive reduced annual
rental payments in exchange for permission to allow limited
uses (as defined by the State technical committee established
under section 1261 in the State in which the land is located,
or until such committee is formed, the State technical working
group) on enrolled land, including haying, grazing, seed
production, production of bio-mass, timber, or such other uses
as the Secretary may deem appropriate;
``(4) upon expiration of the contract, to retain or
transfer cropland bases, with respect to crops for which there
is a production adjustment program, to other lands, as long as
enrolled croplands remain in permanent cover; or
``(5) upon expiration of the contract, to offer cropland
bases, with respect to crops for which there is a production
adjustment program, on land subject to the contract, for lease
or sale to producers for use on cropland in the county in which
the land is located or in an adjacent county, in exchange for
maintaining the land in permanent cover, as approved by the
State technical committee, or until such committee is formed,
the State technical working group.
``(c) Limitation on Annual Rental Payment for Re-Enrolled Land or
Land Permitted To Be Devoted to Limited Uses.--Annual rental payments
made under this subchapter with respect to land that is the subject of
an agreement entered into pursuant to paragraph (2) or (3) of
subsection (b) shall not exceed an amount equal to 80 percent of the
annual rental payment made under this subchapter with respect to the
land for the 12-month period ending on the date the agreement takes
effect.''.
(b) Conforming Amendment.--Section 1232(a)(7) of such Act (16
U.S.C. 3832(a)(7)) is amended by inserting ``except to the extent
authorized under section 1235B,'' after ``(7)''.
SEC. 3. DEMONSTRATION PROJECTS.
(a) Grant Authority.--
(1) In general.--The Secretary of Agriculture may make
grants to producers of agricultural commodities to retain land
in the conservation reserve established under subchapter B of
chapter 1 of subtitle D of title XII of the Food Security Act
of 1985, or to enroll land in the reserve, for the purpose of
enabling the owner of the land to grow grass or raise legumes
(or do both) on such land, in rotation, as approved by the
State technical committee established under section 1261 of
such Act in the State in which the land is located or until
such committee is formed, the State technical working group.
(2) Number of sites.--The Secretary may not select more
than 3 sites in each State with respect to which grants are to
be made under paragraph (1).
(b) Evaluation.--Not later than 3 years after the first grant is
made under subsection (a), the Secretary shall evaluate the economic
and environmental effects of the uses to which grants under subsection
(a) have been put, and shall submit to the Congress a report that
contains the findings of the Secretary.
(c) Limitations on Authorization of Appropriations.--For grants
under subsection (a), there are authorized to be appropriated to the
Secretary not more than $500,000 for each of fiscal years 1996, 1997,
and 1998. | Amends the Food Security Act of 1985 to extend: (1) the Environmental Conservation Acreage Reserve Program; and (2) the wetlands reserve prgram.
Authorizes the Secretary of Agriculture to extend or modify conservation reserve contracts under specified circumstances.
Authorizes a demonstration grant program to permit grass and or legumes to be grown on reserve land. Authorizes appropriations. | {"src": "billsum_train", "title": "To extend the conservation reserve program for 10 years and the wetlands reserve program for 5 years; to protect vulnerable soil and water resources by facilitating the transition of our Nation's most environmentally sensitive land to conservation uses by enabling farmers to meet conservation compliance requirements through the early withdrawal, modification, re-enrollment, or enrollment of lands in the conservation reserve; to best achieve such conservation purposes with sharply limited resources by permitting the Secretary of Agriculture to negotiate reduced annual rental payments in exchange for granting farmers increased flexibility to withdraw, enroll, or re-enroll parts of land parcels in the conservation reserve program and for permitting limited uses on lands enrolled in the conservation reserve; to permit the transfer of crop bases among owners upon the expiration of enrollment; and to authorize the establishment of demonstration projects."} | 1,705 | 79 | 0.478173 | 1.203403 | 0.492763 | 1.814286 | 21 | 0.842857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year does
not become law prior to the beginning of such fiscal year or a joint
resolution making continuing appropriations is not in effect, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of 75 percent of
the lower of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year,
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such preceding
fiscal year,
``(C) the rate of operations provided for in the House or
Senate passed appropriation bill for the fiscal year in
question, except that the lower of these two versions shall be
ignored for any project or activity for which there is a budget
request if no funding is provided for that project or activity
in either version,
``(D) the rate provided in the budget submission of the
President under section 1105(a) of title 31, United States
Code, for the fiscal year in question, or
``(E) the annualized rate of operations provided for in the
most recently enacted joint resolution making continuing
appropriations for part of that fiscal year or any funding
levels established under the provisions of this Act.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as the
case may be, or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
``(1) Agriculture, rural development, and related agencies
programs.
``(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
``(3) The Department of Defense.
``(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
``(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(6) The Department of Housing and Urban Development, and
sundry independent agencies, boards, commissions, corporations,
and offices.
``(7) Energy and water development.
``(8) Foreign assistance and related programs.
``(9) The Department of the Interior and related agencies.
``(10) Military construction.
``(11) The Department of Transportation and related
agencies.
``(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain independent
agencies.
``(13) The legislative branch.''.
(b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''.
(c) Protection of Other Obligations.--Nothing in the amendments
made by this section shall be construed to effect Government
obligations mandated by other law, including obligations with respect
to Social Security, Medicare, and Medicaid.
SEC. 3. EFFECTIVE DATE AND SUNSET.
(a) Effective Date.--The amendments made by this Act shall apply
with respect to fiscal years beginning with fiscal year 1998.
(b) Sunset.--The amendments made by this Act shall sunset and have
no force or effect 5 years after the date of enactment of this Act. | Government Shutdown Prevention Act - Amends Federal law relating to appropriations to provide for continuing appropriations in the absence of regular appropriations. Limits such continuing appropriations to 75 percent of the current rate of operations or a lower rate determined according to specified requirements. | {"src": "billsum_train", "title": "Government Shutdown Prevention Act"} | 1,432 | 63 | 0.557699 | 1.253725 | 1.128817 | 1.638298 | 29.255319 | 0.787234 |
SECTION 1. CHIP ALLOCATION REDISTRIBUTION SPECIAL RULE FOR CERTAIN
SHORTFALL STATES DURING FIRST QUARTER OF FISCAL YEAR
2018.
Section 2104(f)(2) of the Social Security Act (42 U.S.C.
1397dd(f)(2)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Determination of redistributed amounts if
insufficient amounts available.--
``(i) Proration rule.--Subject to clause
(ii), if the amounts available for
redistribution under paragraph (1) for a fiscal
year are less than the total amounts of the
estimated shortfalls determined for the year
under subparagraph (A), the amount to be
redistributed under such paragraph for each
shortfall State shall be reduced
proportionally.
``(ii) Special rule for first quarter of
fiscal year 2018.--
``(I) In general.--For the period
beginning on October 1, 2017, and
ending December 31, 2017, with respect
to any amounts available for
redistribution under paragraph (1) for
fiscal year 2018, the Secretary shall
redistribute under such paragraph such
amounts to each emergency shortfall
State (as defined in subclause (II)) in
such amount as is equal to the amount
of the shortfall described in subclause
(II) for such State and period (as may
be adjusted under subparagraph (C))
before the Secretary may redistribute
such amounts to any shortfall State
that is not an emergency shortfall
State. In the case of any amounts
redistributed under this subclause to a
State that is not an emergency
shortfall State, such amounts shall be
determined in accordance with clause
(i).
``(II) Emergency shortfall state
defined.--For purposes of this clause,
the term `emergency shortfall State'
means, with respect to the period
beginning October 1, 2017, and ending
December 31, 2017, a shortfall State
for which the Secretary estimates, in
accordance with subparagraph (A)
(unless otherwise specified in this
subclause), that the projected
expenditures under the State child
health plan and under section 2105(g)
(calculated as if the reference under
section 2105(g)(4)(A) to `2017' were a
reference to `2018' and insofar as the
allotments are available to the State
under this subsection or subsection (e)
or (m)) for such period will exceed the
sum of the amounts described in clauses
(i) through (iii) of subparagraph (A)
for such period, including after
application of any amount redistributed
under paragraph (1) before such date of
enactment to such State. A shortfall
State may be an emergency shortfall
State under the previous sentence
without regard to whether any amounts
were redistributed before such date of
enactment to such State under paragraph
(1) for fiscal year 2018.
``(III) Application of qualifying
state option.--During the period
described in subclause (I), section
2105(g)(4) shall apply to a qualifying
State (as defined in section
2105(g)(2)) as if under section
2105(g)(4)--
``(aa) the reference to
`2017' were a reference to
`2018'; and
``(bb) the reference to
`under subsections (e) and (m)
of such section' were a
reference to `under subsections
(e), (f), and (m) of such
section'.''; and
(2) by adding at the end the following new subparagraph:
``(D) Rule of construction.--Nothing in this
paragraph may be construed as preventing a commonwealth
or territory described in subsection (c)(3) from being
treated as a shortfall State or an emergency shortfall
State.''. | This bill amends title XXI (Children's Health Insurance Program [CHIP]) of the Social Security Act to establish a special rule, with respect to the first quarter of FY2018, for the redistribution of unused CHIP allotments to state child health plans experiencing emergency shortfalls. Specifically, the Centers for Medicare & Medicaid Services (CMS) must redistribute unused allotments to each such state in an amount equal to the state's emergency shortfall before the CMS may redistribute the allotments to any state that is experiencing a nonemergency shortfall. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to provide for a special rule during the first quarter of fiscal year 2018 for the redistribution of certain Children's Health Insurance Program allocations for certain shortfall States."} | 874 | 205 | 0.593105 | 1.718837 | 0.724721 | 1.363636 | 8.670455 | 0.681818 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Drive to Stay Alive Act of 2011''.
SEC. 2. WITHHOLDING FEDERAL-AID HIGHWAY FUNDS FOR STATES FAILING TO
ENACT AND IMPLEMENT LAWS ESTABLISHING PENALTIES FOR USING
A CELL PHONE WHILE DRIVING WITH A MINOR IN THE VEHICLE.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``SEC. 413. PENALTIES FOR USING A CELL PHONE WHILE DRIVING WITH A MINOR
IN THE VEHICLE.
``(a) Withholding Funds for Noncompliance.--The Secretary shall
withhold 5 percent of the amount required to be apportioned to any
State under each of paragraphs (1), (3), and (4) of section 104(b) on
October 1, 2012, and on October 1 of each year thereafter, if the State
has not enacted and implemented a law that meets the requirements of
subsection (b) by that date.
``(b) Requirements.--
``(1) Prohibition on cell phone use while driving.--A State
law meets the requirements of subsection (b) if the law--
``(A) prohibits a driver from using a personal
wireless communications device to conduct a telephone
call or text while driving if there is a minor in the
vehicle;
``(B) makes violation of the law a primary offense;
``(C) establishes--
``(i) minimum fines for a first violation
of the law; and
``(ii) increased fines for repeat
violations; and
``(D) provides for increased civil and criminal
penalties than would otherwise apply if a vehicle
accident is caused by a driver who is using a personal
wireless communications device in violation of the law.
``(2) Permitted exceptions.--A law that meets the
requirements of paragraphs (1) may provide exceptions for--
``(A) use of a hands-free device that enables a
driver, other than a driver who is a minor, to
initiate, conduct, or receive a telephone call without
holding the hands-free device or the personal wireless
communications device;
``(B) use of a personal wireless communications
device by a driver to contact emergency services;
``(C) use of a personal wireless communications
device by emergency services personnel while operating
an emergency services vehicle and engaged in the
performance of their duties as emergency services
personnel; and
``(D) use of a device by an individual employed as
a commercial motor vehicle driver, or a school bus
driver, within the scope of such individual's
employment if such use is permitted under the
regulations promulgated pursuant to section 31152 of
title 49.
``(c) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability.--Any funds withheld under
subsection (a) shall remain available until the end of the
fiscal year for which the funds are authorized to be
appropriated.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the fiscal year for which funds are
withheld under subsection (a), the State enacts a law that
meets the requirements of subsection (b), the Secretary shall,
on the first day on which the State meets the requirements,
apportion to the State the funds withheld under subsection (a)
for such State.
``(3) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (a) are
available for apportionment to a State under paragraph (1), the
State does not enact and implement a law that meets the
requirements of subsection (b), the funds shall lapse.
``(d) Definitions.--In this section:
``(1) Driving.--The term `driving' means operating a motor
vehicle on a public road, including operation while temporarily
stationary because of traffic, a traffic light or stop sign, or
otherwise. It does not include operating a motor vehicle when
the vehicle has pulled over to the side of, or off, an active
roadway and has stopped in a location where it can safely
remain stationary.
``(2) Hands-free device.--The term `hands-free device'
means a device that allows a driver to use a personal wireless
communications device to initiate, conduct, or receive a
telephone call without holding the personal wireless
communications device.
``(3) Minor.--The term `minor' means an individual who has
not attained the age of 18.
``(4) Personal wireless communications device.--The term
`personal wireless communications device' means a device
through which personal wireless services (as defined in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted. It does not include a global
navigation satellite system receiver used for positioning,
emergency notification, or navigation purposes.
``(5) Primary offense.--The term `primary offense' means an
offense for which a law enforcement officer may stop a vehicle
solely for the purpose of issuing a citation in the absence of
evidence of another offense.
``(6) Text.--The term `text' means reading from or manually
entering data into a personal wireless communications device,
including doing so for the purpose of SMS texting, e-mailing,
instant messaging, or engaging in any other form of electronic
data retrieval or electronic data communication.''.
(b) Conforming Amendment.--The analysis for chapter 4 of title 23,
United States Code, is amended by adding at the end the following:
``413. Minimum penalties for using a cell phone while driving with a
minor in the vehicle.''. | Drive to Stay Alive Act of 2011 - Requires the Secretary of Transportation (DOT) to withhold 5% of a state's apportionment of certain federal-aid highway funds for FY2012, and each succeeding fiscal year, if the state has not enacted and implemented a law that: (1) prohibits a driver from using a personal wireless communications device (cell phone, but excluding a global navigation satellite system receiver used for positioning, emergency notification, or navigation [GPS]) to call or text while driving when there is a minor in the vehicle, (2) makes violation of the law a primary offense, and (3) establishes certain minimum fines and increased civil and criminal penalties.
Permits laws meeting the requirements of this Act to provide exceptions for driver: (1) use of a hands-free device (other than a driver who is a minor), (2) use of a cell phone in emergency situations, and (3) use of a cell phone by a commercial motor vehicle driver or school bus driver. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to require the Secretary of Transportation to withhold a portion of Federal-aid Highway funds apportioned to a State unless the State enacts and implements a law establishing penalties for using a cell phone to make telephone calls or text while driving with a minor in the vehicle."} | 1,337 | 226 | 0.678228 | 1.890527 | 0.69588 | 3.810945 | 5.865672 | 0.915423 |
SECTION 1. 3-YEAR DEPRECIABLE LIFE FOR SEMICONDUCTOR MANUFACTURING
EQUIPMENT AND EQUIPMENT USED TO MANUFACTURE ADVANCED
MATERIALS OR TO DEVELOP ADVANCED TECHNOLOGIES.
(a) In General.--Subparagraph (A) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ``and'' at the end of clause (i), by striking
the period at the end of clause (ii) and inserting a comma, and by
adding at the end thereof the following:
``(iii) any semiconductor manufacturing
equipment, and
``(iv) any equipment used to manufacture
advanced materials or to develop advanced
technologies.
Clause (iv) shall not apply if the taxpayer elects not
to apply such clause. Such an election shall apply to
the taxable year for which made and all subsequent
taxable years and, once made, shall be irrevocable.''
(b) Advanced Materials and Technologies.--Subsection (e) of section
168 of such Code (relating to classification of property) is amended by
adding at the end thereof the following new paragraph:
``(5) Advanced materials and technologies.--For purposes of
paragraph (3)(A)(iv)--
``(A) In general.--The determination of whether any
material is an advanced material or whether any
technology is an advanced technology shall be made as
of the date the equipment referred to in such paragraph
is placed in service.
``(B) Initial list of advanced materials and
technologies.--
``(i) In general.--The term `advanced
material' and `advanced technology' mean any
material or technology listed in clause (ii)
and determined by the Secretary to be an
advanced material or technology.
``(ii) Initial list.--
Advanced structural materials
Electronic and photonic materials
Biotechnologies
Materials processing
Environmental technologies
Design and engineering tools
Commercialization and production systems
Advanced process equipment
Networks and communications
Powertrain
Propulsion
``(C) Modifications to list.--Materials and
technologies may be added to or deleted from the list
in subparagraph (B)(ii) based on recommendations of
experts selected by the Secretary. Any deletion from
such list shall not take effect before the date which
is 5 years after the date the decision to make such
deletion is published in the Federal Register.''
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 168(e)(3) of such Code is
amended by striking clause (ii) and by redesignating the
succeeding clauses accordingly.
(2) Subparagraph (B) of section 168(g)(3) of such Code is
amended by striking the following:
``(B)(ii) ....................... 5''
and inserting in lieu thereof the following:
``(A)(iii) ........................3
``(A)(iv) .........................3.''
(c) Effective Date.--The amendments made by this section shall
apply to equipment placed in service after the date of the enactment of
this Act.
SEC. 2. REDUCTION IN INDIVIDUAL CAPITAL GAINS RATE.
(a) General Rule.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended to read as follows:
``(h) Maximum Capital Gains Rate.--
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, then the tax imposed by this section shall
not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the taxable income reduced by the net capital gain,
plus
``(B) a tax equal to the sum of--
``(i) 7.5 percent of so much of the net
capital gain as does not exceed--
``(I) the maximum amount of taxable
income to which the 15-percent rate
applies under the table applicable to
the taxpayer, reduced by
``(II) the taxable income to which
subparagraph (A) applies, plus
``(ii) 15 percent of the net capital gain
in excess of the net capital gain to which
clause (i) applies.
``(2) Transitional rule.--In the case of a taxable year
which includes the date of the enactment of this paragraph, the
amount of the net capital gain for purposes of paragraph (1)
shall not exceed the net capital gain determined by only taking
into account gains and losses properly taken into account for
the portion of the taxable year after such date.''
(b) Technical Amendments.--
(1) Paragraph (1) of section 170(e) of such Code is amended
by striking ``the amount of gain'' in the material following
subparagraph (B)(ii) and inserting ``13/28 (19/34 in the case
of a corporation) of the amount of gain''.
(2)(A) The second sentence of section 7518(g)(6)(A) of such
Code is amended by striking ``28 percent (34 percent in the
case of a corporation)'' and inserting ``15 percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936, is amended by striking ``28 percent
(34 percent in the case of a corporation)'' and inserting ``15
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges occurring after the date of the enactment
of this Act in taxable years ending after such date.
SEC. 3. REDUCTION IN CORPORATE CAPITAL GAINS RATE.
(a) General Rule.--Section 1201 of the Internal Revenue Code of
1986 (relating to alternative tax for corporations) is amended by
redesignating subsection (b) as subsection (c), and by striking
subsection (a) and inserting the following:
``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by section 11, 511,
or 831(a) (whichever applies), there is hereby imposed a tax (if such
tax is less than the tax imposed by such section) which shall consist
of the sum of--
``(1) a tax computed on the taxable income reduced by the
net capital gain, at the same rates and in the same manner as
if this subsection had not been enacted, plus
``(2) a tax of 15 percent of the net capital gain.
``(b) Transitional Rule.--In the case of a taxable year which
includes the date of the enactment of this paragraph, the amount of the
net capital gain for purposes of subsection (a) shall not exceed the
net capital gain determined by only taking into account gains and
losses properly taken into account for the portion of the taxable year
after such date.''
(b) Technical Amendments.--
(1) Clause (iii) of section 852(b)(3)(D) of such Code is
amended by striking ``66 percent'' and inserting ``85
percent''.
(2) Paragraphs (1) and (2) of section 1445(e) of such Code
are each amended by striking ``34 percent'' and inserting ``15
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges occurring after the date of the enactment
of this Act in taxable years ending after such date.
SEC. 4. REDUCTION OF MINIMUM TAX RATE ON CAPITAL GAINS.
(a) In General.--Subparagraph (A) of section 55(b)(1) of the
Internal Revenue Code of 1986 (relating to tentative minimum tax) is
amended to read as follows:
``(A) the sum of--
``(i) 15 percent of the lesser of--
``(I) the net capital gain
(determined with the adjustments
provided in this part and (to the
extent applicable) the limitations of
sections 1(h)(2) and 1201(b)), or
``(II) so much of the alternative
minimum taxable income for the taxable
year as exceeds the exemption amount,
plus
``(ii) 20 percent (24 percent in the case
of a taxpayer other than a corporation) of the
amount (if any) by which the excess referred to
in clause (i)(II) exceeds the net capital gain
(as so determined), reduced by''.
(b) Effective Date.--The amendment made by this section shall apply
to sales and exchanges occurring after the date of the enactment of
this Act in taxable years ending after such date.
SEC. 5. MINIMUM TAX ON FOREIGN AND FOREIGN-OWNED CORPORATIONS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to determination of tax liability) is amended by
adding at the end thereof the following new part:
``PART VIII--MINIMUM TAX ON CERTAIN FOREIGN AND FOREIGN-OWNED
CORPORATIONS
``Sec. 59B. Minimum tax on certain
foreign and foreign-owned
corporations.
``SEC. 59B. MINIMUM TAX ON CERTAIN FOREIGN AND FOREIGN-OWNED
CORPORATIONS.
``(a) Imposition of Tax.--In the case of a corporation to which
this section applies, there is hereby imposed (in addition to any other
tax imposed by this subtitle) a tax equal to the excess (if any) of--
``(1) 34 percent of the product of--
``(A) 5 percent, and
``(B) the gross receipts of the taxpayer from the
sale or leasing of property manufactured by the
taxpayer or by any foreign person that is a related
party of the taxpayer, over
``(2) the aggregate tax imposed under sections 11, 55, and
1201 for such year.
``(b) Taxpayers to Which Section Applies.--This section shall apply
to a corporation for the taxable year if such corporation is--
``(1) a domestic corporation which is 25-percent foreign-
owned, or
``(2) a foreign corporation engaged in a trade or business
within the United States.
``(c) Definitions.--For purposes of this section, the term `25-
percent foreign-owned', `foreign person', and `related party' have the
respective meanings given such terms by section 6038A(c).''
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end thereof the following new item:
``Part VIII. Minimum tax on certain
foreign and foreign-owned
corporations.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992. | Amends the Internal Revenue Code to allow a three-year depreciable life for semiconductor manufacturing equipment and equipment used to manufacture advanced materials or to develop advanced technologies.
Reduces the individual and corporate capital gains rates and the minimum tax rate on capital gains.
Imposes a minimum tax on domestic corporations which are 25-percent foreign-owned and foreign corporations engaged in a trade or business within the United States. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow accelerated depreciation for equipment used to manufacture advanced materials or to develop advanced technologies, to reduce capital gains taxes, and to impose a minimum tax on foreign and foreign-owned corporations operating in the United States."} | 2,508 | 89 | 0.476368 | 1.275227 | 0.079979 | 4.24359 | 27.75641 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Medicines Utilization Act
of 2011''.
SEC. 2. SAVINGS REBATE FOR STATES THAT INCREASE GENERIC DRUG
UTILIZATION UNDER MEDICAID.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by inserting after subsection (g), the following:
``(h)(1) With respect to each of fiscal years 2012, 2013, and 2014,
if the generic substitution rate determined for the State under section
1927(l)(2) for the most recent preceding fiscal year for which data is
available is greater than the State's generic substitution rate (as so
determined) for the most recent second preceding fiscal year for which
data is available, the amount determined under subsection (a) for the
State for each quarter of the fiscal year shall be increased by the
amount equal to 50 percent of the generic drug utilization savings
amount determined for the State and the quarter under paragraph (2).
``(2) The generic drug utilization savings amount determined under
this paragraph with respect to a State and a quarter is the product
of--
``(A) the difference between the--
``(i) total amount expended by the State for the
corresponding quarter of the preceding fiscal year for
providing medical assistance for multiple source drugs
(as defined in section 1927(k)(7)(A)(i)), as determined
after the application of section 1927(b)(1)(B); and
``(ii) total amount expended by the State for the
quarter involved for providing medical assistance for
such drugs (as so determined); and
``(B) the State percentage determined for the State under
section 1905(b).''.
(b) Annual Determination of State Generic Substitution Rates and
Performance Rankings.--Section 1927 of the Social Security Act (42
U.S.C. 1396r-8) is amended by adding at the end the following:
``(l) Annual Determination of State Generic Substitution Rates and
Performance Rankings.--
``(1) In general.--Not later than January 1, 2012, and
annually thereafter, the Secretary shall determine the generic
substitution rate (as defined in paragraph (2)) for each State
for the most recent preceding fiscal year and the most recent
second preceding fiscal year for which data are available. The
Secretary annually shall publish on the Internet Web site of
the Centers for Medicare & Medicaid Services the generic
substitution rates determined for each State for such preceding
fiscal years and the percentage increase or decrease in such
rates when compared with each other with respect to a State. On
the basis of such comparison, the Secretary shall list the
States in order of the States with the greatest increase in the
generic substitution rate.
``(2) Generic substitution rate.--In paragraph (1), the
term `generic substitution rate' means, with respect to a
State, the share of all drug units for which payment is made to
the State under this title for the 20 most widely prescribed
multiple source drugs under the State program under this title
that have a specific National Drug Code and meet the
requirements of subsection (k)(7)(A)(i).''.
(c) Evaluation and Report.--
(1) In general.--Not later than December 31, 2014, the
Secretary of Health and Human Services shall evaluate and
report to Congress on the effectiveness of the generic drug
utilization savings payments authorized under section 1903(h)
of the Social Security Act (42 U.S.C. 1396b(h)) (as added by
subsection (a)) in encouraging States to increase their
Medicaid generic substitution rate. The evaluation shall
include (but is not limited to) the following:
(A) An analysis of the amounts each State Medicaid
program saves through increased generic drug
substitution.
(B) An analysis of any indirect savings to State
Medicaid programs through increased medication
adherence due to increased accessibility and
affordability of prescriptions.
(C) An analysis of future estimated savings to
State Medicaid programs and the Federal Government
after termination of the generic drug utilization
savings payments authorized under such section.
(2) Medicaid generic substitution rate.--In paragraph (1),
the term ``Medicaid generic substitution rate'' has the meaning
given the term ``generic substitution rate'' with respect to a
State under 1927(l)(2) of the Social Security Act (42 U.S.C.
1396r-8(l)(2)) (as added by subsection (b)). | Affordable Medicines Utilization Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act, with respect to FY2012-FY2014, to require an increase in the quarterly Medicaid payment to a state by 50% of the generic drug utilization savings amount if the state's generic substitution rate for the most recent preceding fiscal year for which data is available is greater than its rate for the most recent second preceding fiscal year for which data is available.
Directs the Secretary of Health and Human Services (HHS) to determine the state's generic substitution rate for such fiscal years.
Defines "generic substitution rate" as the share of all drug units for which Medicaid payment is made to a state for the 20 most widely prescribed multiple source drugs under the state program that have a specific National Drug Code. | {"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to encourage States to increase generic drug utilization under Medicaid, and for other purposes."} | 989 | 179 | 0.62565 | 1.601626 | 0.717195 | 4.567742 | 5.774194 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infectious Disease Hospital Hubs
Act''.
SEC. 2. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 319C-2 the following:
``SEC. 319C-3. TREATMENT OF INDIVIDUALS WITH EBOLA OR OTHER INFECTIOUS
DISEASES.
``(a) In General.--If the Secretary determines that there is an
emergency, or significant potential for an emergency, that involves a
specific infectious disease, the Secretary, after consultation with
appropriate public health officials, may award grants under subsection
(b) to prepare for such emergency or potential emergency and grants to
provide compensatory awards under subsection (c), as may be
appropriate.
``(b) Grants for Surge Capacity and To Enhance Community and
Hospital Preparedness.--
``(1) In general.--The Secretary may award grants to States
to enable such States to improve surge capacity and enhance
community and hospital preparedness for an emergency involving
a specified infectious disease.
``(2) Eligibility.--To be eligible for an award under this
subsection, a State shall--
``(A) designate, in consultation with the Centers
for Disease Control and Prevention and lead health
officials of the State, one or more hospitals that
volunteer to treat individuals with a specified
infectious disease; and
``(B) submit an application at such time, in such
manner, and containing such information as the
Secretary may require, including an assurance that the
State will adhere to any applicable guidelines
established by the Secretary.
``(3) Use of funds.--An award under this subsection shall
be expended for any of the following activities needed to treat
individuals with a specified infectious disease:
``(A) Renovating, constructing, or retrofitting a
hospital or building.
``(B) Purchasing mobile specialized infectious
disease isolation units and equipment.
``(C) Acquiring personal protective equipment to be
used by health care workers during management of
patients.
``(D) Hiring additional staff as necessary to
replace staff assigned to treat individuals with a
specified infectious disease.
``(E) Overtime of existing staff for treatment of
individuals with a specified infectious disease.
``(F) Handling, transporting, and disposing of
waste related to the specialized treatment of a
specified infectious disease.
``(G) Covering direct and indirect costs associated
with treatment of a specified infectious disease.
``(H) Training health care professionals and other
hospital staff, as appropriate, regarding--
``(i) procedures and protocols with respect
to a specified infectious disease;
``(ii) appropriate use of personal
protective equipment;
``(iii) screening questions, triage
techniques, and health information technology
related to an infectious disease, such as
Ebola;
``(iv) identification, testing, and
specimen collection and transport procedures
with respect to a specified infectious disease;
``(v) isolation and quarantine procedures;
``(vi) cleaning and disinfection protocols;
``(vii) handling, transporting, and
disposing of waste related to the specialized
treatment of a specified infectious disease; or
``(viii) handling of human remains of
patients with a specified infectious disease.
``(4) Technical assistance.--The Secretary, acting through
the Director of the Centers for Disease Control and Prevention,
the Assistant Secretary for Preparedness and Response, or other
heads of agencies of the Department of Health and Human
Services, may provide to States awarded grants under this
subsection technical assistance on--
``(A) procedures and protocols with respect to a
specified infectious disease;
``(B) appropriate use of personal protective
equipment;
``(C) screening questions, triage techniques, and
health information technology related to an infectious
disease, such as Ebola;
``(D) identification, testing, and specimen
collection and transport procedures with respect to a
specified infectious disease;
``(E) isolation and quarantine procedures;
``(F) cleaning and disinfection protocols;
``(G) handling, transport, and disposal of waste
related to the specialized treatment of a specified
infectious disease; or
``(H) handling of human remains of patients with a
specified infectious disease.
``(c) Grants for Distribution of Compensatory Awards.--
``(1) In general.--The Secretary may award additional
grants to States that receive a grant under subsection (b) for
the purpose of distributing compensatory awards to any hospital
within the State that has been designated under subsection
(b)(2)(A) and has treated an individual with a specified
infectious disease.
``(2) Use of funds.--A grant awarded under this subsection
shall be distributed to any hospital described in paragraph (1)
in order to compensate such hospital for--
``(A) documented costs associated with the
specialized treatment of an individual with a specified
infectious disease, except such compensation may not be
provided for the cost of any treatment, payment for
which has been made, or can reasonably be expected to
be made, under any State compensation program, under an
insurance policy, under any Federal or State health
benefits program, or by an entity that provides health
services on prepaid basis; or
``(B) damages for lost business activity or lost
services directly attributable to the specialized
treatment of a specific infectious disease, provided
that such damages are supported by a reasonably
accurate measurement or estimate, including appropriate
documentation supporting the claim.
``(d) Definitions.--In this section--
``(1) the term `infectious disease' means a disease that
the Secretary determines to be infectious and to require
isolation and specialized treatment; and
``(2) the term `specified infectious disease' means an
infectious disease with respect to which the Secretary
determines under subsection (a) there is an emergency or a
significant potential for an emergency.
``(e) Use of Grant Funds.--A State receiving funds under subsection
(b) or (c) shall expend such funds solely for any of the purposes
described in paragraphs (3) and (4) of subsection (b) or solely for
disbursement to hospitals under subsection (c)(2), as applicable. Any
funds not so expended or disbursed within 90 days of receipt of such
funds shall be returned to the Secretary and shall remain available for
the purpose of carrying out this section.
``(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $125,000,000 for the period of
fiscal years 2015 through 2019, to remain available until expended.''. | Infectious Disease Hospital Hubs Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS), in an emergency or significant potential emergency which involves a specific infectious disease that requires the isolation and specialized treatment of patients, to award grants to states to improve surge capacity at hospitals designated by the state and enhance community and hospital preparedness. Allows HHS to award additional grants to compensate designated hospitals for unreimbursed costs for treating infectious disease patients or for damages for lost business activity or lost services attributable to the treatment of those patients. | {"src": "billsum_train", "title": "Infectious Disease Hospital Hubs Act"} | 1,482 | 124 | 0.571501 | 1.438479 | 0.639624 | 2.584906 | 13.245283 | 0.90566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Succession Act of
2004''.
SEC. 2. PRESIDENTIAL SUCCESSION.
Section 19 of title 3, United States Code, is amended to read as
follows:
``Sec. 19. Vacancy in offices of both President and Vice President;
officers eligible to Act
``(a) In General.--
``(1) Use of succession list.--Except as provided in
paragraph (2), if, by reason of death, resignation, removal
from office, inability, or failure to qualify, there is neither
a President nor Vice President to discharge the powers and
duties of the office of President, then the highest individual
on the succession list who is eligible to the office of
President under the Constitution, not under disability to
discharge the powers and duties of the office of President, and
not disqualified under subsection (e), shall act as President.
``(2) Special rule if no president or vice president is
elected prior to beginning of term.--
``(A) In general.--If, at the time fixed for the
beginning of the term of the President, a President has
not been chosen or the President elect has failed to
qualify, and a Vice President has not been chosen or
the Vice President elect has failed to qualify--
``(i) the Speaker of the House of
Representatives shall act as President; or
``(ii) if the Speaker of the House of
Representatives does not qualify, the majority
leader of the Senate shall act as President.
``(B) No nomination of vice president.--An
individual acting as President under this paragraph may
not nominate any individual to serve as Vice President.
``(3) Determination of inability to serve.--For purposes of
this subsection, an individual may not be considered to be
unable to serve as President or Vice President unless--
``(A) the individual or an individual legally
authorized to act on the individual's behalf files a
statement with the Supreme Court of the United States
that the individual is unable to carry out the powers
and duties of the office; and
``(B) the Supreme Court certifies that the
statement is correct.
``(b) Termination of Service.--An individual acting as President
under this section shall continue to so act until the expiration of the
then current Presidential term except that--
``(1) if the individual's service as President under this
section results in whole or in part from the failure of both
the President-elect and the Vice-President-elect to qualify,
the individual shall act only until a President or Vice
President qualifies;
``(2) if the individual's service as President under this
section results in whole or in part from the inability of the
President or Vice President, the individual shall act only
until the removal of the disability of one of such individuals;
and
``(3) if the individual's service as President under this
section results from the application of subsection (a)(2), the
individual shall act only until a President or Vice President
has been chosen or qualifies (as the case may be).
``(c) Succession List Described.--
``(1) In general.--Subject to paragraph (2), for purposes
of this section, the term `succession list' means the following
list:
``(A) The Secretary of State, the Secretary of the
Treasury, the Secretary of Defense, the Attorney
General, the Secretary of the Interior, the Secretary
of Agriculture, the Secretary of Commerce, the
Secretary of Labor, the Secretary of Health and Human
Services, the Secretary of Housing and Urban
Development, the Secretary of Transportation, the
Secretary of Energy, the Secretary of Education, the
Secretary of Veterans Affairs, and the Secretary of
Homeland Security.
``(B) The United States Ambassadors to the
following (in the following order):
``(i) The United Nations.
``(ii) The United Kingdom of Great Britain
and Northern Ireland.
``(iii) The French Republic.
``(iv) The Russian Federation.
``(v) The People's Republic of China.
``(2) Requiring appointment by president.--
``(A) In general.--For purposes of paragraph (1)
and except as provided in subparagraphs (B) and (C), an
individual shall not be considered to hold any office
referred to in such paragraph unless the individual was
appointed to the office by the President whom the
individual would succeed pursuant to this section.
``(B) Special rule for individuals appointed by
former president succeeded by vice president.--For
purposes of subparagraph (A), if the President who
appointed an individual to an office referred to in
paragraph (1) no longer serves as President by reason
of death, resignation, removal from office, inability,
or failure to qualify, the individual shall be deemed
to have been appointed to the office by the individual
succeeding that President if the successor President
served as the Vice President of that President.
``(C) Special rule for individuals suggested or
approved by president-elect.--For purposes of
subparagraph (A), if an individual who holds an office
referred to in paragraph (1) was appointed by a sitting
President, the individual shall be deemed to have been
appointed by the President-elect if--
``(i) the individual was appointed pursuant
to a suggestion by the President-elect so that
the individual may begin serving in the office
immediately upon the inauguration of the
President-elect (as described in paragraph
(3)); or
``(ii) if the President-elect notifies the
Clerk of the House of Representatives and the
Secretary of the Senate that the President-
elect approves the appointment of the
individual to the office for purposes of
paragraph (1).
``(3) Sense of congress regarding submission of nominees
suggested by president-elect.--It is the sense of Congress
that, prior to the inauguration of a President-elect--
``(A) the President-elect should submit to the
sitting President suggestions for nominees to the
offices referred to in the succession list;
``(B) the sitting President should submit to the
Senate the nominations of the individuals suggested by
the President-elect; and
``(C) the Senate should confirm the appointment of
the nominees submitted by the sitting President so that
such individuals may begin serving in the offices
involved immediately upon the inauguration of the
President-elect.
``(d) Special Rule If No Individual Is on Succession List.--
``(1) In general.--If, by reason of death, resignation,
removal from office, inability, or failure to qualify, there is
neither a President nor Vice President to discharge the powers
and duties of the office of President, and if there is no
individual on the succession list--
``(A) the Speaker of the House of Representatives
or the minority leader of the House of Representatives,
as designated by the President-elect in the most recent
notice filed under paragraph (2), shall act as
President; or
``(B) if the Speaker or minority leader does not
qualify, the majority leader of the Senate or the
minority leader of the Senate, as designated by the
President-elect in the most recent notice filed under
paragraph (2), shall act as President.
``(2) Designation by president-elect.--Prior to taking
office, the President-elect shall file with the Clerk of the
House of Representatives and the Secretary of the Senate a
notice designating whether the Speaker or the minority leader
of the House of Representatives, and whether the majority
leader or minority leader of the Senate, should act as
President pursuant to this subsection, and may file a revised
version of the notice at any time, including after taking
office.
``(e) Resignation From Current Office.--An individual is
disqualified to discharge the powers and duties of the office of
President for purposes of this section unless such individual, at the
time that such powers and duties devolve upon the individual, meets the
following requirements:
``(1) In the case of the Speaker of the House of
Representatives under subsection (a)(2)(A) or subsection
(d)(1), the individual resigns the office of Speaker and (in
the case of an individual who is a Member of the House of
Representatives) the office of Member of the House of
Representatives.
``(2) In the case of the minority leader of the House of
Representatives under subsection (d)(1), the individual resigns
the office of Member of the House of Representatives.
``(3) In the case of the majority leader of the Senate
under subsection (a)(2)(B) or subsection (d)(2), or the
minority leader of the Senate under subsection (d)(2), the
individual resigns the office of Senator.
``(4) In the case of an individual described in subsection
(c), the individual resigns the office by virtue of the holding
of which the individual qualifies to act as President.
``(f) Application of Procedures to Individuals Acting as President
Under This Section.--The rule of subsection (a) shall also apply in the
case of the death, resignation, removal from office, or inability of an
individual acting as President under this section if, by reason of
death, resignation, removal from office, inability, or failure to
qualify, there is no Vice President to discharge the powers and duties
of the office of President.
``(g) Nomination of Vice President.--Except as provided in
subsection (a)(2)(B), an individual acting as President under this
section shall promptly nominate a Vice President upon any vacancy in
the office of Vice President.
``(h) Compensation.--During the period that any individual acts as
President under this section, the individual's compensation shall be at
the rate then provided by law in the case of the President.''.
SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELECTORS AFTER DEATH OR
INCAPACITY OF NOMINEES.
It is the sense of Congress that--
(1) during a Presidential election year, the 2 nominees of
each political party for the office of President and Vice
President should jointly announce and designate on or before
the first Monday in September the individuals for whom the
electors of President and Vice President who are pledged to
vote for such nominees should give their votes for such offices
in the event that such nominees are deceased or permanently
incapacitated prior to the date of the meeting of the electors
of each State under section 7 of title 3, United States Code;
(2) in the event a nominee for President is deceased or
permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for Vice President of the same
political party is not deceased or permanently incapacitated),
the electors of President who are pledged to vote for the
nominee should give their votes to the nominee of the same
political party for the office of Vice President, and the
electors of Vice President who are pledged to vote for the
nominee for Vice President should give their votes to the
individual designated for such office by the nominees under
paragraph (1);
(3) in the event a nominee for Vice President is deceased
or permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for President of the same
political party is not deceased or permanently incapacitated),
the electors of Vice President who are pledged to vote for such
nominee should give their votes to the individual designated
for such office by the nominees under paragraph (1);
(4) in the event that both the nominee for President and
the nominee for Vice President of the same political party are
deceased or permanently incapacitated prior to the date
referred to in paragraph (1), the electors of President and
Vice President who are pledged to vote for such nominees should
vote for the individuals designated for each such office by the
nominees under paragraph (1); and
(5) political parties should establish rules and procedures
consistent with the procedures described in the preceding
paragraphs, including procedures to obtain written pledges from
electors to vote in the manner described in such paragraphs.
SEC. 4. SENSE OF CONGRESS REGARDING STATUS OF PRESIDENT-ELECT.
It is the sense of Congress that, for purposes of the twentieth
amendment to the Constitution, the President-elect is the individual
receiving the requisite number of votes cast by the electors at the
meeting of the electors held pursuant to clause 3 of section 1 of
article II of the Constitution. | Presidential Succession Act of 2004 - Rewrites provisions concerning presidential succession. Modifies the presidential succession list to include: (1) following the Secretary of Veterans Affairs, the Secretary of Homeland Security on the list; and (2) specified U.S. Ambassadors at the end of such list.
Requires the President-elect, prior to taking office, to file with the Clerk of the House of Representatives and the Secretary of the Senate a notice designating whether the Speaker or the minority leader of the House of Representatives, and whether the majority leader or minority leader of the Senate, should act as President. | {"src": "billsum_train", "title": "To amend title 3, United States Code, to revise the procedures for Presidential succession in the case of the death, resignation, removal from office, inability, or failure to qualify of the President, and for other purposes."} | 2,729 | 128 | 0.56955 | 1.45076 | 0.579358 | 5.078947 | 23.192982 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Opioid Management and
Bundled Addiction Treatment Act of 2018'' or the ``COMBAT Act of
2018''.
SEC. 2. MEDICARE COVERAGE OF CERTAIN SERVICES FURNISHED BY OPIOID
TREATMENT PROGRAMS.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (FF), by striking at the end ``and'';
(2) in subparagraph (GG), by inserting at the end ``;
and''; and
(3) by adding at the end the following new subparagraph:
``(HH) opioid use disorder treatment services (as
defined in subsection (jjj)).''.
(b) Opioid Use Disorder Treatment Services and Opioid Treatment
Program Defined.--Section 1861 of the Social Security Act is amended by
adding at the end the following new subsection:
``(jjj) Opioid Use Disorder Treatment Services; Opioid Treatment
Program.--
``(1) Opioid use disorder treatment services.--The term
`opioid use disorder treatment services' means items and
services that are furnished by an opioid treatment program for
the treatment of opioid abuse disorder, including--
``(A) opioid agonist treatment medications
(including oral versions) that are approved by the Food
and Drug Administration under section 505 of the
Federal Food, Drug, and Cosmetic Act for use in the
treatment of opioid use disorder;
``(B) dispensing and administration of such
medications, if applicable;
``(C) substance abuse counseling by a professional
to the extent authorized under State law to furnish
such services;
``(D) behavioral individual and group therapy with
physicians or psychologists (or other mental health
professionals to the extent authorized under State
law);
``(E) toxicology testing, and
``(F) other items and services that the Secretary
determines are appropriate.
``(2) Opioid treatment program.--The term `opioid treatment
program' means an opioid treatment program (as defined in
section 8.2 of title 42 of the Code of Federal Regulations, or
any successor regulation) that--
``(A) is enrolled under section 1866(j);
``(B) has in effect a certification by the
Substance Abuse and Mental Health Services
Administration for such a program;
``(C) is accredited by an accrediting body approved
by the Substance Abuse and Mental Health Services
Administration; and
``(D) meets such additional conditions as the
Secretary may find necessary to ensure--
``(i) the health and safety of individuals
being furnished services under such program;
and
``(ii) the effective and efficient
furnishing of such services.''.
(c) Payment.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (BB)'' and inserting
``(BB)''; and
(B) by inserting before the semicolon at the end
the following ``, and (CC) with respect to opioid use
disorder treatment services furnished during an episode
of care, the amount paid shall be equal to the amount
payable in accordance with section 1834(w) less any
copayment required as specified by the Secretary''.
(2) Payment determination.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at the end
the following new subsection:
``(w) Opioid Use Disorder Treatment Services.--
``(1) In general.--The Secretary shall pay to an opioid
treatment program (as defined in paragraph (2) of section
1861(jjj)) an amount that is equal to 100 percent of a bundled
payment under this part for opioid use disorder treatment
services (as defined in paragraph (1) of such section) that are
furnished by such program to an individual during an episode of
care (as defined by the Secretary) beginning on or after
January 1, 2020. The Secretary shall ensure that no duplicative
payments are made under this part or part D to a physician,
practitioner, or pharmacy for items and services furnished by
an opioid treatment program.
``(2) Considerations.--The Secretary may implement this
subsection through one or more bundles based on the type of
medication provided (such as buprenorphine, methadone,
naltrexone, or a new innovative drug), the frequency of
services, the scope of services furnished, characteristics of
the individuals furnished such services, or other factors as
the Secretary determines appropriate. In developing such
bundles, the Secretary may consider payment rates paid to
opioid treatment programs for comparable services under State
plans under title XIX, under the TRICARE program under chapter
55 of title 10 of the United States Code, or by other health
care payers.
``(3) Annual updates.--The Secretary shall provide an
update each year to the bundled payment amounts under this
subsection.''.
(d) Including Opioid Treatment Programs as Medicare Providers.--
Section 1866(e) of the Social Security Act (42 U.S.C. 1395cc(e)) is
amended--
(1) in paragraph (2), by striking at the end ``and'';
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) opioid treatment programs (as defined in paragraph
(2) of section 1861(jjj)), but only with respect to the
furnishing of opioid treatment program services (as defined in
paragraph (1) of such section).''. | Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018 or the COMBAT Act of 2018 This bill requires certified opioid treatment program services, including counseling, toxicology testing, and medication-assisted treatment, to be covered under Medicare. Opioid treatment programs must receive payment for such services in accordance with a specified methodology. | {"src": "billsum_train", "title": "Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018"} | 1,326 | 78 | 0.556818 | 1.285737 | 0.8474 | 2.338983 | 19.898305 | 0.847458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethics in Government Reform Act of
1993''.
SEC. 2. SPECIAL RULES FOR HIGHLY PAID EXECUTIVE APPOINTEES AND MEMBERS
OF CONGRESS AND HIGHLY PAID CONGRESSIONAL EMPLOYEES.
(a) In General.--
(1) Appearances before agency.-- Section 207(d) of title
18, United States Code, is amended by adding at the end thereof
the following:
``(3) Restrictions on political appointees.--(A) In
addition to the restrictions set forth in subsections (a), (b),
and (c) and paragraph (1) of this subsection, any person who--
``(i) serves in the position of Vice President of
the United States; or
``(ii) is employed in a position subject to
Presidential appointment in the executive branch of the
United States (including any independent agency) at a
rate of pay equal to or greater than the rate of pay
payable for level V of the Executive Schedule,
and who, after the termination of his or her service or
employment as such officer or employee, knowingly makes, with
the intent to influence, any communication to or appearance
before any officer or employee of a department or agency in
which such person served within 5 years before such
termination, during a period beginning on the termination of
service or employment as such officer or employee and ending 5
years after the termination of service in the department or
agency, on behalf of any other person (except the United
States), in connection with any matter on which such person
seeks official action by any officer or employee of such
department or agency, shall be punished as provided in section
216 of this title.
``(B) In addition to the restrictions set forth in
subsections (a), (b), and (c) and paragraph (1) of this
subsection, any person who is employed in a position in the
Executive Office of the President at a rate of pay equal to or
greater than the rate of pay payable for level V of the
Executive Schedule, and who--
``(i) after the termination of his or her service
or employment as such employee, knowingly makes, with
the intent to influence, any communication to or
appearance before any officer or employee of a
department or agency with respect to which the person
had substantial personal responsibility within 5 years
before such termination, during a period beginning on
the termination of service or employment as such
employee and ending 5 years after the termination of
substantial personal responsibility with respect to the
department or agency, on behalf of any other person
(except the United States), in connection with any
matter on which such person seeks official action by
any officer or employee of such department or agency;
or
``(ii) within 2 years after the termination of his
or her service or employment as such employee,
knowingly makes, with the intent to influence, any
communication to or appearance before any person
described in paragraph (2)(B) on behalf of any other
person (except the United States), in connection with
any matter on which such person seeks official action
by the person described in paragraph (2)(B),
shall be punished as provided in section 216 of this title.''.
(2) Foreign agents.--Section 207(f) of title 18, United
States Code, is amended by--
(A) redesignating paragraph (2) as paragraph (3);
(B) adding after paragraph (1) the following:
``(2) Special restrictions.--Any person who--
``(A) serves in the position of Vice President of
the United States;
``(B) is employed in a position subject to
Presidential appointment in the executive branch of the
United States (including any independent agency) at a
rate of pay equal to or greater than the rate of pay
payable for level V of the Executive Schedule;
``(C) is employed in a position in the Executive
Office of the President at a rate of pay equal to or
greater than the rate of pay payable for level V of the
Executive Schedule; or
``(D) is a Member of Congress or employed in a
position by the Congress at a rate of pay equal to or
greater than the rate of pay payable for level V of the
Executive Schedule,
and who after such service or employment acts as an agent of a foreign
government or foreign political party shall be punished as provided in
section 216 of this title.''.
(3) Trade negotiators.--Section 207(b)(1) of title 18,
United States Code, is amended by--
(A) inserting ``(A)'' after ``In general.--''; and
(B) adding at the end thereof the following:
``(B) For any person who--
``(i) is employed in a position subject to
Presidential appointment in the executive branch of the
United States (including any independent agency) at a
rate of pay equal to or greater than the rate of pay
payable for level V of the Executive Schedule;
``(ii) is employed in a position in the Executive
Office of the President at a rate of pay equal to or
greater than the rate of pay payable for level V of the
Executive Schedule; or
``(iii) is a Member of Congress or employed in a
position by the Congress at a rate of pay equal to or
greater than the rate of pay payable for level V of the
Executive Schedule,
the restricted period after service referred to in subparagraph
(A) shall be permanent.''.
(4) Congress.--Section 207(e) of title 18, United States
Code, is amended--
(A) in paragraph (1)(A) by striking ``within 1
year'' and inserting ``within 2 years'';
(B) in paragraph (1) by adding at the end thereof
the following:
``(D) Any person who is a Member of Congress and
who, within 5 years after leaving the position,
knowingly makes, with intent to influence, any
communication to or appearance before any committee
member or a staff member of any committee over which
the Member had jurisdiction, on behalf of any other
person (except the United States) in connection with
any matter on which such former Member seeks action by
the committee member or a staff member of the committee
in his or her official capacity, shall be punished as
provided in section 216 of this title.'';
(C) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(D) by inserting after paragraph (5) the following
new paragraph:
``(6) Highly paid staffers.--For any person described in
paragraph (2), (3), (4), or (5), employed in a position at a
rate of pay equal to or greater than the rate of pay payable
for level V of the Executive Schedule--
``(A) the restriction provided in paragraph (1)(A)
shall apply; and
``(B) the restricted period after termination in
paragraph (2), (3), (4), or (5), applicable to such
person shall be 5 years.''.
(b) Penalties.--
(1) Future lobbying.--Section 216 of title 18, United
States Code, is amended by adding at the end thereof the
following:
``(d) In addition to the penalties provided in subsections (a),
(b), and (c), the punishment for violations of section 207 may include
a prohibition on lobbying the United States for a period of not to
exceed 5 years for each violation.''.
(2) Use of profits.--Section 216(b) of title 18, United
States Code, is amended by adding after the first sentence the
following: ``Any amount of compensation recovered pursuant to
the preceding sentence for a violation of section 207 shall be
deposited in the general fund of the Treasury to reduce the
deficit.''.
SEC. 3. EFFECTIVE DATE.
The restrictions contained in section 207 of title 18, United
States Code, as added by section 2 of this Act--
(1) shall apply only to persons whose service as officers
or employees of the Government, or as Members of Congress
terminates on or after the date of the enactment of this Act;
and
(2) in the case of officers, employees, and Members of
Congress described in section 207(b)(1)(B) of title 18, United
States Code (as added by section 2 of this Act), shall apply
only with respect to participation in trade negotiations or
treaty negotiations, and with respect to access to information,
occurring on or after such date of enactment. | Ethics in Government Reform Act of 1993 - Codifies in the Federal criminal code the lobbying restrictions on senior executive branch appointees under Executive Order 12834, generally, and extends those restrictions to Members of Congress and highly paid staffers. | {"src": "billsum_train", "title": "Ethics in Government Reform Act of 1993"} | 1,854 | 53 | 0.487274 | 1.23593 | 0.517068 | 1.904762 | 43.619048 | 0.714286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Coast Guard Museum Act of
2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There is no national museum to commemorate and honor
the Coast Guard's history, mission, personnel, and traditions
or those of its predecessor services and agencies.
(2) There should be established a National Coast Guard
Museum to commemorate the 210 years of national maritime and
military history of the Coast Guard and its predecessor
services and agencies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Association.--The term ``Association'' means the
National Coast Guard Museum Association (a nonprofit
corporation established under the laws of the State of
Massachusetts), or a similar organization.
(2) Museum.--The term ``Museum'' means the National Coast
Guard Museum established under sections 4(a).
(3) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(4) Fund.--The term ``Fund'' means the National Coast Guard
Museum Fund established under section 5(a).
SEC. 4. NATIONAL COAST GUARD MUSEUM.
(a) Establishment.--The Commandant may, in accordance with this
section, establish, operate, and maintain a National Coast Guard Museum
on Federal lands that are administered by the Coast Guard and specified
by the Commandant.
(b) Construction.--
(1) License.--The Commandant may grant a license to the
Association authorizing the Association to construct facilities
for the Museum on the land specified under subsection (a).
(2) Terms.--The license under this subsection shall include
terms that establish the following:
(A) Upon completion of construction of facilities
under the license, the Association shall donate such
facilities, including any associated improvements,
fixtures, and related personal property, as a gift to
Coast Guard.
(B) The United States shall have no responsibility
for project management.
(C) The Association shall be responsible for
preparation of the design and plans for facilities
constructed under the license, except that the design
and plans shall be subject to the approval of the
Commandant
(3) Funding.--(A) The Commandant shall not allow
construction of facilities for the Museum to begin, and may not
provide any Federal funds for that construction, unless the
Commandant determines that sufficient amounts, not less than
$10,000,000, are available from non-Federal sources to complete
construction of the Museum in accordance with the design and
plans approved under paragraph (2)(C).
(B) For the purposes of constructing the Museum, and
subject to the availability of appropriations, the Commandant
may transfer to the Association up to $10,000,000.
(C) The Commandant shall require that amounts transferred
under subparagraph (B) that are not expended on the
construction of the Museum shall be returned to the Coast Guard
and deposited into the Fund.
(4) Liability.--The United States shall not be liable for
any act or omission relating to construction under the license.
(c) Commandant's Authorities.--Notwithstanding any other provision
of law, in connection with the establishment, operation, and
maintenance of the Museum, the Commandant may--
(1) rent or lease space within the Museum for gift shops,
food concessions, meeting or special event spaces, and similar
purposes or activities, under such terms and conditions, and
for such periods of time, as the Commandant considers
appropriate;
(2) accept, hold, administer, and, without further Act of
appropriation, spend any gift, devise, or bequest of real or
personal property (including funds) that is made on the
condition that it be used for the benefit of, or in connection
with the establishment, operation, or maintenance of, the
Museum;
(3) pay necessary expenses in connection with the
conveyance or transfer of any such gift, devise or bequest; and
(4) perform other acts as the Commandant deems reasonable
and appropriate.
(d) Treatment of Gifts.--For the purposes of Federal income,
estate, and gift taxes, property that is accepted under subsection
(c)(2) shall be considered as a gift, devise, or bequest to or for the
use of the United States.
SEC. 5. NATIONAL COAST GUARD MUSEUM FUND.
(a) Establishment.--There is established in the Treasury a separate
account that shall be known as the ``National Coast Guard Museum
Fund''.
(b) Contents.--The Fund shall consist of the following:
(1) Gifts, devises, and bequests of funds accepted under
section 4(c)(2).
(2) Amounts received by the United States from the rental
or leasing of space within the Museum under section 4(a).
(3) Interest credited under subsection (d).
(4) Amounts deposited under section 4(b)(3)(C).
(c) Use.--The Commandant may make disbursements from the Fund for
the establishment, operation, or maintenance of the Museum, without
further Act of appropriation and without fiscal year limitation.
(d) Investment.--
(1) In general.--Upon request of the Commandant, the
Secretary of the Treasury may invest amounts in the Fund in
securities of, or in securities whose principal and interest
are guaranteed by, the United States Government.
(2) Interest.--The interest and profits accruing from
investments under this subsection shall be deposited to the
credit of the Fund. | National Coast Guard Museum Act of 2001 - Authorizes the Commandant of the Coast Guard to establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant.Establishes in the Treasury the National Coast Guard Museum Fund. | {"src": "billsum_train", "title": "To provide for the establishment of the National Coast Guard Museum on Federal lands administered by the Coast Guard."} | 1,172 | 67 | 0.628054 | 1.423966 | 1.015332 | 6.925926 | 20.481481 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Small Businesses Can Export
Act of 2015''.
SEC. 2. FINDINGS.
(a) In General.--Congress finds that--
(1) the Export-Import Bank of the United States
administers--
(A) the Working Capital Loan Guarantee Program,
which--
(i) facilitates finance for businesses, in
particular small businesses, that have
exporting potential but need working capital
funds to produce or market goods or services
for export;
(ii) provides repayment guarantees to
lenders on short- and medium-term working
capital loans made to qualified exporters,
which loans are secured by export-related
accounts receivable and inventory;
(iii) provides a guarantee of up to 90
percent of the principal and interest on a loan
made to an exporter by a private lender for
export-related accounts receivable; and
(iv) provides a guarantee of up to 75
percent for export-related inventory;
(B) the Global Credit Express Loan Program, which
provides direct working capital loans to small
businesses for a 6- or 12-month revolving line of
credit of not more than $500,000; and
(C) the Export Credit Insurance Program, which--
(i) extends credit terms to foreign
customers;
(ii) insures against nonpayment by
international buyers;
(iii) covers both commercial and political
losses with a 95-percent guarantee; and
(iv) arranges financing through a lender by
using insured receivables as additional
collateral;
(2) the export loan programs of the Export-Import Bank of
the United States described in subparagraphs (A), (B), and (C)
of paragraph (1) are less appealing to small businesses due to
lending restrictions on loans under those programs, which
provide that--
(A) the loans may not be used when the export
product being financed has less than 50-percent United
States content;
(B) the loans may not be used to finance sales to
foreign military buyers, with which a growing number of
small businesses are contracting; and
(C) contracts and purchase orders supported by
letters of credit may not be used in determining the
borrowing base; and
(3) the Small Business Administration administers--
(A) the Export Working Capital Program, established
under section 7(a)(14) of the Small Business Act (15
U.S.C. 636(a)(14)), which provides short-term working
capital, including revolving lines of credit, of not
more than $5,000,000 with a 90-percent guarantee;
(B) the International Trade Loan Program,
established under section 7(a)(16) of the Small
Business Act (15 U.S.C. 636(a)(16)), which provides
financing of not more than $5,000,000 with a 90-percent
guarantee for fixed assets, or to improve a competitive
position that has been adversely affected by import
competition; and
(C) the Export Express Program, established under
7(a)(34) of the Small Business Act (15 U.S.C.
636(a)(34)), under which--
(i) exporters are provided with a
streamlined method to obtain financing backed
by the Small Business Administration for loans
and lines of credit of not more than $500,000;
(ii) lenders use their own credit decision
process and loan documentation;
(iii) the Small Business Administration
determines eligibility and provides a loan
approval in 36 hours or less; and
(iv) the guarantee is 90 percent for a loan
that is not more than $350,000 and 75 percent
for a loan that is more than $350,000 and not
more than $500,000.
(b) Additional Findings.--Congress further finds that--
(1) the export loan programs of the Small Business
Administration described in subparagraphs (A), (B), and (C) of
subsection (a)(3)--
(A) are not restricted by the limitations described
in subparagraphs (A), (B), and (C) of subsection
(a)(2); and
(B) should be commended for their flexibility,
quick turnaround times, and the one-on-one assistance
from Small Business Administration personnel in
structuring loan deals, negotiating payment terms, and
ensuring that the financial needs of small businesses
are met;
(2) the Export-Import Bank of the United States only has
Regional Export Finance Managers co-located in 12 Department of
Commerce United States Export Assistance Centers, whereas the
Small Business Administration--
(A) has Regional Export Finance Managers co-located
in 20 United States Export Assistance Centers; and
(B) currently has Regional Export Finance Managers
co-located in 10 additional United States Export
Assistance Center locations that the Export-Import Bank
of the United States does not, including in--
(i) Arlington, Virginia;
(ii) Boston, Massachusetts;
(iii) Charlotte, North Carolina;
(iv) Cleveland, Ohio;
(v) Denver, Colorado;
(vi) Los Angeles, California;
(vii) New Orleans, Louisiana;
(viii) Philadelphia, Pennsylvania;
(ix) Portland, Oregon; and
(x) St. Louis, Missouri;
(3) the Small Business Jobs Act of 2010 (15 U.S.C. 631
note) increased the maximum loan size under the 2 largest
export loan programs administered by the Small Business
Administration to $5,000,000, which could cover approximately
80 percent of all small business export loans currently
guaranteed by taxpayers through the Export-Import Bank of the
United States;
(4) the export loan programs administered by the Small
Business Administration and the export loan programs
administered the Export-Import Bank of the United States are--
(A) duplicative of each other, except for the
Export Credit Insurance Program of the Export-Import
Bank of the United States; and
(B) under the current structure, competing against
each other for small business clients; and
(5) the Export Credit Insurance Program of the Export-
Import Bank of the United States is a vital component of export
loan programs.
(c) Declaration of Policy.--It is hereby declared to be the policy
of this Act--
(1) that, should the statutory authority for the export
loan programs administered by the Export-Import Bank of the
United States lapse, the Small Business Administration shall
serve the small business clients of the Export-Import Bank of
the United States under existing statutory authority of the
Small Business Act (15 U.S.C. 631 et seq.);
(2) to create an Export Credit Insurance Program within the
Small Business Administration similar to the Export Credit
Insurance Program of the Export-Import Bank of the United
States; and
(3) to ensure that small business exporters are served by
the programs of the Small Business Administration.
SEC. 3. EXPORT CREDIT INSURANCE PROGRAM.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Export Credit Insurance Program.--
``(1) In general.--The Administrator shall establish a
program under which the Administration shall provide insurance
for the exports of small business concerns, including insurance
against nonpayment by international buyers.
``(2) Regulations.--Not later than 90 days after the date
of enactment of this subsection, the Administrator shall
promulgate regulations to carry out the program established
under paragraph (1), which shall be, to the maximum extent
practicable, substantially similar to the Export Credit
Insurance Program of the Export-Import Bank of the United
States, as in effect on the day before the date of enactment of
this subsection.''. | Ensuring Small Businesses Can Export Act of 2015 This bill declares that it is the policy of this Act: that, should the statutory authority for the export loan programs administered by the Export-Import Bank of the United States lapse, the Small Business Administration (SBA) shall serve the Bank's small business clients under existing statutory authority of the Small Business Act; to create an SBA Export Credit Insurance Program similar to the Bank's; and to ensure that small business exporters are served by SBA programs. The bill also amends the Small Business Act to require the SBA to establish a program to provide insurance for the exports of small businesses, including insurance against nonpayment by international buyers. | {"src": "billsum_train", "title": "Ensuring Small Businesses Can Export Act of 2015"} | 1,672 | 150 | 0.586696 | 1.709776 | 0.677853 | 4.470149 | 11.895522 | 0.873134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reconstructive Breast Surgery
Benefits Act of 1997''.
SEC. 2. COVERAGE OF RECONSTRUCTIVE BREAST SURGERY.
(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) In general.--Subpart 2 of part A of title XXVII
of the Public Health Service Act, as amended by section
703(a) of Public Law 104-204, is amended by adding at
the end the following:
``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR RECONSTRUCTIVE BREAST
SURGERY.
``(a) Requirements for Reconstructive Breast Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for breast surgery in connection with a
mastectomy shall provide coverage for reconstructive breast
surgery resulting from the mastectomy. Such coverage shall
include coverage for all stages of reconstructive breast
surgery performed on a nondiseased breast to establish symmetry
with the diseased when reconstruction on the diseased breast is
performed and coverage of prostheses and complications of
mastectomy including lymphedema.
``(2) Reconstructive breast surgery defined.--In this
section, the term `reconstructive breast surgery' means surgery
performed as a result of a mastectomy to reestablish symmetry
between two breasts, and includes augmentation mammoplasty,
reduction mammoplasty, and mastopexy.
``(3) Mastectomy defined.--In this section, the term
`mastectomy' means the surgical removal of all or part of a
breast.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny coverage described in subsection (a)(1) on the
basis that the coverage is for cosmetic surgery;
``(2) deny to a woman eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(3) provide monetary payments or rebates to women to
encourage such women to accept less than the minimum
protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(5) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a woman who is a participant or beneficiary to undergo
reconstructive breast surgery.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for mastectomies.
``(3) Nothing in this section shall be construed as
preventing a group health plan or issuer from imposing
deductibles, coinsurance, or other cost-sharing in relation to
benefits for reconstructive breast surgery under the plan (or
under health insurance coverage offered in connection with a
group health plan), except that such coinsurance or other cost-
sharing for any portion may not be greater than such
coinsurance or cost-sharing that is otherwise applicable with
respect to benefits for mastectomies.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage if there is
a State law (as defined in section 2723(d)(1)) for a State that
regulates such coverage and that requires coverage of at least
the coverage of reconstructive breast surgery otherwise
required under this section.
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Conforming amendment.--Section 2723(c) of the
Public Health Service Act (42 U.S.C. 300gg-23(c)), as
amended by section 604(b)(2) of Public Law 104-204, is
amended by striking ``section 2704'' and inserting
``sections 2704 and 2706''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974, as amended by section 702(a) of Public Law
104-204, is amended by adding at the end the following
new section:
``SEC. 713. STANDARDS RELATING TO BENEFITS FOR RECONSTRUCTIVE BREAST
SURGERY.
``(a) Requirements for Reconstructive Breast Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for breast surgery in connection with a
mastectomy shall provide coverage for reconstructive breast
surgery resulting from the mastectomy. Such coverage shall
include coverage for all stages of reconstructive breast
surgery performed on a nondiseased breast to establish symmetry
with the diseased when reconstruction on the diseased breast is
performed and coverage of prostheses and complications of
mastectomy including lymphedema.
``(2) Reconstructive breast surgery defined.--In this
section, the term `reconstructive breast surgery' means surgery
performed as a result of a mastectomy to reestablish symmetry
between two breasts, and includes augmentation mammoplasty,
reduction mammoplasty, and mastopexy.
``(3) Mastectomy defined.--In this section, the term
`mastectomy' means the surgical removal of all or part of a
breast.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny coverage described in subsection (a)(1) on the
basis that the coverage is for cosmetic surgery;
``(2) deny to a woman eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(3) provide monetary payments or rebates to women to
encourage such women to accept less than the minimum
protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(5) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a woman who is a participant or beneficiary to undergo
reconstructive breast surgery.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for mastectomies.
``(3) Nothing in this section shall be construed as
preventing a group health plan or issuer from imposing
deductibles, coinsurance, or other cost-sharing in relation to
benefits for reconstructive breast surgery under the plan (or
under health insurance coverage offered in connection with a
group health plan), except that such coinsurance or other cost-
sharing for any portion may not be greater than such coinsurance or
cost-sharing that is otherwise applicable with respect to benefits for
mastectomies.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage if there is
a State law (as defined in section 731(d)(1)) for a State that
regulates such coverage and that requires coverage of at least
the coverage of reconstructive breast surgery otherwise
required under this section.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Conforming amendments.--
(i) Section 731(c) of the Employee
Retirement Income Security Act of 1974 (29
U.S.C. 1191(c)), as amended by section
603(b)(1) of Public Law 104-204, is amended by
striking ``section 711'' and inserting
``sections 711 and 713''.
(ii) Section 732(a) of the Employee
Retirement Income Security Act of 1974 (29
U.S.C. 1191a(a)), as amended by section
603(b)(2) of Public Law 104-204, is amended by
striking ``section 711'' and inserting
``sections 711 and 713''.
(iii) The table of contents in section 1 of
the Employee Retirement Income Security Act of
1974 is amended by inserting after the item
relating to section 712 the following new item:
``Sec. 713. Standards relating to benefits for reconstructive breast
surgery.''.
(b) Individual Health Insurance.--
(1) In general.--Part B of title XXVII of the Public Health
Service Act, as amended by section 605(a) of Public Law 104-
204, is amended by inserting after section 2751 the following:
``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR RECONSTRUCTIVE BREAST
SURGERY.
``(a) In General.--The provisions of section 2706 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage if there is
a State law (as defined in section 2723(d)(1)) for a State that
regulates such coverage and that requires coverage of at least
the coverage of reconstructive breast surgery otherwise
required under this section.
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(2) Conforming amendment.--Section 2762(b)(2) of the Public
Health Service Act (42 U.S.C. 300gg-62(b)(2)), as added by
section 605(b)(3)(B) of Public Law 104-204, is amended by
striking ``section 2751'' and inserting ``sections 2751 and
2752''.
(c) Effective Dates.--
(1) Group health plans.--The amendments made by subsection
(a) shall apply with respect to group health plans for plan
years beginning on or after January 1, 1998.
(2) Individual market.--The amendment made by subsection
(b) shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on or after such date. | Reconstructive Breast Surgery Benefits Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require group health plans and insurers offering group health coverage, if they cover a mastectomy, to also cover reconstructive breast surgery resulting from the mastectomy, including surgery on a nondiseased breast to establish symmetry and coverage of prostheses and complications of mastectomy. Prohibits related: (1) denial of coverage or monetary incentives to women; and (2) penalties or incentives to providers.
Amends the Public Health Service Act to apply the above requirements to individual health insurance coverage. | {"src": "billsum_train", "title": "Reconstructive Breast Surgery Benefits Act of 1997"} | 2,979 | 139 | 0.685926 | 1.811576 | 0.685919 | 2.973913 | 22.252174 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expand and Rebuild America's Schools
Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Center for Education Statistics projects
that public school enrollment will reach 53,000,000 in 2010, an
increase of 3,500,000 from the 2003 enrollment level. Many
States and school districts will need to build new schools in
order to accommodate this increase in student enrollments.
(2) In response to reduced class mandates enforced by State
governments and increased enrollment, many school districts
have been forced to utilize temporary classrooms and other
structures to accommodate increased school populations, along
with resorting to year-round schedules for students.
(3) Research has proven a direct correlation between the
condition of school facilities and student achievement.
Research has shown that students assigned to schools in poor
condition can be expected to fall 10.9 percentage points behind
those in buildings in excellent condition. Similar studies have
demonstrated up to a 20 percent improvement in test scores when
students were moved from a school with poor facilities to a new
facility.
(4) While school construction and maintenance are primarily
a State and local concern, States and communities have not, on
their own, met the increasing burden of providing acceptable
school facilities, and the poorest communities have had the
greatest difficulty meeting this need.
(5) Many local educational agencies have difficulties
securing financing for school facility construction and
renovation, especially in States that require a \2/3\ majority
of voter approval for the passage of local bond initiatives.
(6) The Federal Government, by providing interest subsidies
and similar types of support, can lower the costs of State and
local school infrastructure investment, creating an incentive
for businesses to support local school infrastructure
improvement efforts.
(7) The United States competitive position within the world
economy is vulnerable if America's future workforce continues
to be educated in schools not equipped for the 21st century.
America must do everything in its power to properly educate its
people to compete in the global marketplace.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to encourage public-private partnerships for the
financing of school construction and expansion, and
(2) to help local educational agencies bring all public
school facilities up to an acceptable standard and build the
additional classrooms needed to educate the growing number of
students who will enroll in the next decade.
SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 30D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.
``(a) Allowance of Credit.--In the case of an eligible taxpayer who
holds a school construction bond on the credit allowance date of such
bond which occurs during the taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year
the amount determined under subsection (b).
``(b) Amount of Credit.--The amount of the credit determined under
this subsection with respect to any school construction bond is the
amount equal to the product of--
``(1) the credit rate determined by the Secretary under
section 1397E(b)(2) for the month in which such bond was
issued, multiplied by
``(2) the face amount of the bond held by the taxpayer on
the credit allowance date.
``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than under this section and subpart C thereof, relating
to refundable credits) and section 1397E.
``(d) School Construction Bond.--For purposes of this section--
``(1) In general.--The term `school construction bond'
means any bond issued as part of an issue if--
``(A) 95 percent or more of the proceeds of such
issue are to be used for a qualified purpose with
respect to a new qualified school established by an
eligible local education agency,
``(B) the bond is issued by a State or local
government within the jurisdiction of which such school
is located,
``(C) the issuer--
``(i) designates such bond for purposes of
this section,
``(ii) certifies that it has written
assurances that the private business
contribution requirement of paragraph (2) will
be met with respect to such school, and
``(iii) certifies that it has the written
approval of the eligible local education agency
for such bond issuance, and
``(D) the term of each bond which is part of such
issue does not exceed the maximum term permitted under
section 1397E(d)(3).
``(2) Private business contribution requirement.--
``(A) In general.--For purposes of paragraph (1),
the private business contribution requirement of this
paragraph is met with respect to any issue if the
eligible local education agency that established the
qualified school has written commitments from private
entities to make qualified contributions having a
present value (as of the date of issuance of the issue)
of not less than 10 percent of the proceeds of the
issue.
``(B) Qualified contributions.--For purposes of
subparagraph (A), the term `qualified contribution'
means any contribution (of a type and quality
acceptable to the eligible local education agency) of--
``(i) equipment for use in the qualified
school (including state-of-the-art technology
and vocational equipment),
``(ii) technical assistance in developing
curriculum or in training teachers in order to
promote appropriate market driven technology in
the classroom,
``(iii) services of employees as volunteer
mentors,
``(iv) internships, field trips, or other
educational opportunities outside the school
for students, or
``(v) any other property or service
specified by the eligible local education
agency.
``(3) Qualified school.--
``(A) In general.--The term `qualified school'
means any public school which is established by and
operated under the supervision of an eligible local
education agency to provide education or training below
the postsecondary level if--
``(i) such public school is designed in
cooperation with business to enhance the
academic curriculum, increase graduation and
employment rates, and better prepare students
for the rigors of college and the increasingly
complex workforce,
``(ii) students in such public school will
be subject to the same academic standards and
assessments as other students educated by the
local education agency,
``(iii) a well-structured program to
alleviate overcrowding and to improve students'
education has been constructed and implemented
in the opinion of the Secretary of Education,
and
``(iv) at least 2 of the following
requirements are met:
``(I) There is a reasonable
expectation (as of the date of issuance
of the bonds) that at least 35 percent
of the population attending such public
school will be eligible for free or
reduced-cost lunches under the school
lunch program established under the
National School Lunch Act.
``(II) There is a reasonable
expectation (as of the date of issuance
of the bonds) that the student growth
rate over the next 5 years for the
school district in which such public
school is to be located will be at
least 10 percent.
``(III) The average student-teacher
ratio for such district as of the date
of issuance of the bonds is at least 28
to 1.
``(B) Eligible local education agency.--The term
`eligible local education agency' means any local
educational agency as defined in section 14101 of the
Elementary and Secondary Education Act of 1965.
``(4) Qualified purpose.--
``(A) In general.--The term `qualified purpose'
means, with respect to any qualified school--
``(i) constructing a new school facility,
and
``(ii) providing equipment for use at such
facility.
``(B) School facility.--The term `school facility'
means a new public structure suitable for use as a
classroom, laboratory, library, media center, or
related facility whose primary purpose is the
instruction of public elementary or secondary students.
Such term does not include an athletic stadium, or any
other structure or facility intended primarily for
athletic exhibitions, contests, games, or events for
which admission is charged to the general public.
``(e) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a national school
construction bond limitation for each calendar year. Such
limitation is $400,000,000 for 2007 and 2008, and, except for
carryovers as provided under the rules applicable under
paragraph (4), zero thereafter.
``(2) Allocation of limitation.--The national school
construction bond limitation for a calendar year shall be
allocated by the Secretary among the States on the basis of
their respective populations of individuals below the poverty
line (as defined by the Office of Management and Budget). The
limitation amount allocated to a State under the preceding
sentence shall be allocated by the Secretary of Education to
qualified schools within such State.
``(3) Designation subject to limitation amount.--The
maximum aggregate face amount of bonds issued during any
calendar year which may be designated under subsection (d)(1)
with respect to any qualified school shall not exceed the
limitation amount allocated to such school under paragraph (2)
for such calendar year.
``(4) Carryover of unused limitation.--If for any calendar
year--
``(A) the limitation amount for any State, exceeds
``(B) the amount of bonds issued during such year
which are designated under subsection (d)(1) with
respect to qualified schools within such State, the
limitation amount for such State for the following
calendar year shall be increased by the amount of such
excess.
``(f) Other Definitions.--The definitions in subsections (d)(6) and
(f) of section 1397E shall apply for purposes of this section.
``(g) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section.''
(b) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30D. Credit to holders of school construction bonds.''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2006. | Expand and Rebuild America's Schools Act of 2006 - Amends the Internal Revenue Code to allow a nonrefundable tax credit to holders of school construction bonds. Sets forth requirements for issues of school construction bonds, including that: (1) 95% of the proceeds of such bonds must be used to construct new elementary and secondary school facilities and provide equipment for such schools; (2) local education agencies must require private business contributions of not less than 10% of the proceeds of an issue; and (3) bonds must be used for schools which meet specified criteria relating to curriculum, the alleviation of classroom overcrowding, and student-teacher ratios. Provides for a national school construction bond limitation of $400 million in 2007 and 2008. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage new school construction through the creation of a new class of bond."} | 2,350 | 151 | 0.451881 | 1.356979 | 0.58087 | 2.588652 | 16.234043 | 0.87234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Indian Education
Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to ensure that Federal funding is
provided to support and sustain the longstanding Federal mandate
requiring colleges and States to waive, in certain circumstances,
tuition charges for Native American Indian students they admit to an
undergraduate college program, including the waiver of tuition charges
for Native American Indian students who are not residents of the State
in which the college is located.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Native American-serving nontribal college institutions
have a valuable supplemental role to that provided by tribally
controlled community colleges in making available educational
opportunities to Native American Indian students.
(2) Some 4-year Native American-serving nontribal college
institutions provide tuition-free education, with the support
of the State in which they are located, as mandated by Federal
statute, to hundreds of Native American Indian students in
fulfillment of a condition under which the United States
provided land and facilities for such colleges to a State or
college.
(3) The value of the Native student tuition waiver benefits
contributed by these colleges and the States which support them
today far exceeds the value of the original grant of land and
facilities.
(4) The ongoing financial burden of meeting this Federal
mandate to provide tuition-free education to Native American
Indian students is no longer equitably shared among the States
and colleges because the mandate does not distinguish between
such students who are residents of the State or who are
residents of another State.
(5) Native student tuition waiver benefits are now at risk
of being terminated by severe budget constraints being
experienced by these colleges and the States which support
them.
SEC. 4. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE.
(a) In General.--Part A of title III of the Higher Education Act of
1965 (20 U.S.C. 1057 et seq.) is amended by inserting after section 319
the following:
``SEC. 319A. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE.
``(a) Amount of Payment.--For fiscal year 2018 and each succeeding
fiscal year through fiscal year 2022, the Secretary may pay to any
eligible college an amount that equals the charges for tuition waived
by the college (as described in subsection (e)(1)) for the academic
year ending before the beginning of such fiscal year for Native
American Indian students who were enrolled in the college for such
academic year and who were not residents of the State in which the
college is located during such academic year.
``(b) Treatment of Payment.--Any amounts received by an eligible
college under subsection (a) shall be treated as a reimbursement from
the State in which the college is located, which is provided in
fulfillment of any Federal mandate upon the State to waive charges for
tuition for Native American Indian students.
``(c) Rule of Construction.--Nothing in this section shall be
construed to relieve any State from any mandate the State may have
under Federal law to reimburse an eligible college for an academic
year--
``(1) with respect to Native American Indian students
enrolled in the college who are not residents of the State in
which the college is located, any amount of charges for tuition
waived by the college for such students that exceeds the amount
received by the college under subsection (a) for such academic
year; and
``(2) with respect to Native American Indian students
enrolled in the college who are residents of the State in which
the college is located, an amount equal to the charges for
tuition waived by the college for such students for such
academic year.
``(d) Applicability.--
``(1) In general.--The provisions of any other section of
this part or part G shall not apply with respect to funds paid
under this section.
``(2) No effect on eligibility.--Funds received by a Native
American-serving, nontribal institution under this section
shall not be taken into account for purposes of section
319(d)(3)(A).
``(e) Definitions.--In this section:
``(1) Eligible college.--The term `eligible college' means
any 4-year Native American-serving, nontribal institution that
waives the charges for tuition as mandated by Federal statute,
with the support of the State in which the institution is
located, for Native American Indian students in fulfillment of
a condition under which the institution or State received its
original grant of land and facilities from the United States.
``(2) Native american indian students.--The term `Native
American Indian students' includes reference to the term
`Indian pupils' as that term has been utilized in Federal
statutes imposing a mandate upon any eligible college or State
to waive charges for tuition for Native American Indian
students in fulfillment of a condition under which the college
or State received its original grant of land and facilities
from the United States.
``(3) Native american-serving, nontribal institution.--The
term `Native American-serving, nontribal institution' has the
meaning given the term in section 319(b).
``(f) Supplement, Not Supplant.--Funds under this section shall be
used to supplement, not supplant, any Federal or non-Federal funds that
would otherwise be used for Indian education programs.''.
(b) Authorization.--Section 399(a)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1068h(a)(1)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (G);
and
(2) by inserting after subparagraph (E) the following:
``(F) There are authorized to be appropriated to carry out
section 319A, $17,400,000 for each of fiscal years 2018 through
2022.''. | Native American Indian Education Act This bill amends the Higher Education Act of 1965 to allow the Department of Education, for FY2018-FY2022, to pay Native American-serving, nontribal institutions of higher education the tuition of their out-of-state Native American students. This applies only to schools that are required to provide a tuition-free education, with the support of their state, to Native American students as a condition under which the college or state received its original grant of land and facilities from the federal government. Payments are treated as reimbursements to institutions from their states. | {"src": "billsum_train", "title": "Native American Indian Education Act"} | 1,288 | 123 | 0.603501 | 1.593702 | 0.602709 | 3.098214 | 10.660714 | 0.848214 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Wildlife Refuge System
Volunteer and Community Partnership Enhancement Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the National Wildlife Refuge System (referred to in this
Act as the ``System''), consisting of more than 500 refuges and
93,000,000 acres, plays an integral role in the protection of the
natural resources of the United States;
(2) the National Wildlife Refuge System Improvement Act of 1997
(Public Law 105-57; 111 Stat. 1252) significantly improved the law
governing the System, although the financial resources for
implementing this law and managing the System remain limited;
(3) by encouraging volunteer programs and donations, and
facilitating non-Federal partnerships with refuges, Federal funding
for the refuges can be supplemented and the System can fully
benefit from the amendments made by the National Wildlife Refuge
System Improvement Act of 1997; and
(4) by encouraging refuge educational programs, public
awareness of the resources of the System and public participation
in the conservation of those resources can be promoted.
(b) Purposes.--The purposes of this Act are--
(1) to encourage the use of volunteers to assist the United
States Fish and Wildlife Service in the management of refuges
within the System;
(2) to facilitate partnerships between the System and non-
Federal entities to promote public awareness of the resources of
the System and public participation in the conservation of those
resources; and
(3) to encourage donations and other contributions by persons
and organizations to the System.
SEC. 3. GIFTS TO PARTICULAR NATIONAL WILDLIFE REFUGES.
Section 7(b)(2) of the Fish and Wildlife Act of 1956 (16 U.S.C.
742f(b)(2)) is amended--
(1) by striking ``(2) Any'' and inserting the following:
``(2) Use of gifts, devises, and bequests.--
``(A) In general.--Any''; and
(2) by adding at the end the following:
``(B) Gifts, devises, and bequests to particular refuges.--
``(i) Disbursal.--Any gift, devise, or bequest made for
the benefit of a particular national wildlife refuge or
complex of geographically related refuges shall be
disbursed only for the benefit of that refuge or complex of
refuges and without further appropriations.
``(ii) Matching.--Subject to the availability of
appropriations and the requirements of the National
Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668dd
et seq.) and other applicable law, the Secretary may
provide funds to match gifts, devises, and bequests made
for the benefit of a particular national wildlife refuge or
complex of geographically related refuges. With respect to
each gift, devise, or bequest, the amount of Federal funds
may not exceed the amount (or, in the case of property or
in-kind services, the fair market value) of the gift,
devise, or bequest.''.
SEC. 4. VOLUNTEER ENHANCEMENT.
(a) Pilot Projects.--
(1) In general.--Subject to the availability of appropriations,
the Secretary of the Interior shall carry out a pilot project at 2
or more national wildlife refuges or complexes of geographically
related refuges in each United States Fish and Wildlife Service
region, but not more than 20 pilot projects nationwide.
(2) Volunteer coordinator.--Each pilot project shall provide
for the employment of a full-time volunteer coordinator for the
refuge or complex of geographically related refuges. The volunteer
coordinator shall be responsible for recruiting, training, and
supervising volunteers. The volunteer coordinator may be
responsible for assisting partner organizations in developing
projects and programs under cooperative agreements under section
7(d) of the Fish and Wildlife Act of 1956 (as added by section 5)
and coordinating volunteer activities with partner organizations to
carry out the projects and programs.
(3) Report.--Not later than 3 years after the date of enactment
of this Act, the Secretary of the Interior shall submit a report to
the Committee on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate evaluating
and making recommendations regarding the pilot projects.
(4) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $2,000,000 for each of
fiscal years 1999 through 2002.
(b) Awards and Recognition for Volunteers.--Section 7(c)(2) of the
Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)(2)) is amended--
(1) by inserting ``awards (including nominal cash awards) and
recognition,'' after ``lodging,''; and
(2) by inserting ``without regard to their places of
residence'' after ``volunteers''.
(c) Senior Volunteer Corps.--Section 7(c) of the Fish and Wildlife
Act of 1956 (16 U.S.C. 742f(c)) is amended by striking paragraph (6)
and inserting the following:
``(6) Senior volunteer corps.--The Secretary of the Interior
may establish a Senior Volunteer Corps, consisting of volunteers
over the age of 50. To assist in the recruitment and retention of
the volunteers, the Secretary may provide for additional incidental
expenses to members of the Corps beyond the incidental expenses
otherwise provided to volunteers under this subsection. The members
of the Corps shall be subject to the other provisions of this
subsection.''.
SEC. 5. COMMUNITY PARTNERSHIP ENHANCEMENT.
Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) is
amended by adding at the end the following:
``(d) Community Partnership Enhancement.--
``(1) Definition of partner organization.--In this subsection,
the term `partner organization' means an organization that--
``(A) draws its membership from private individuals,
organizations, corporations, academic institutions, or State or
local governments;
``(B) is established to promote the understanding of,
education relating to, and the conservation of the fish,
wildlife, plants, and cultural and historical resources of a
particular refuge or complex of geographically related refuges;
and
``(C) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under section
501(a) of that Code.
``(2) Cooperative agreements.--
``(A) In general.--The Secretary of the Interior may enter
into a cooperative agreement (within the meaning of chapter 63
of title 31, United States Code) with any partner organization,
academic institution, or State or local government agency to
carry out 1 or more projects or programs for a refuge or
complex of geographically related refuges in accordance with
this subsection.
``(B) Projects and programs.--Subject to the requirements
of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.) and other applicable law, and
such terms and conditions as the Secretary determines to be
appropriate, the Secretary may approve projects and programs
for a refuge or complex of geographically related refuges
that--
``(i) promote the stewardship of resources of the
refuge through habitat maintenance, restoration, and
improvement, biological monitoring, or research;
``(ii) support the operation and maintenance of the
refuge through constructing, operating, maintaining, or
improving the facilities and services of the refuge;
``(iii) increase awareness and understanding of the
refuge and the National Wildlife Refuge System through the
development, publication, or distribution of educational
materials and products;
``(iv) advance education concerning the purposes of the
refuge and the mission of the System through the use of the
refuge as an outdoor classroom and development of other
educational programs; or
``(v) contribute financial resources to the refuge,
under terms that require that the net revenues be used
exclusively for the benefit of the refuge, through donation
of net revenues from the sale of educational materials and
products and through encouragement of gifts, devises, and
bequests.
``(C) Federal funding and ownership.--
``(i) Matching.--Subject to the availability of
appropriations and the requirements of the National
Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668dd
et seq.) and other applicable law, the Secretary may
provide funds to match non-Federal funds donated under a
cooperative agreement under this paragraph. With respect to
each project or program, the amount of funds provided by
the Secretary may not exceed the amount of the non-Federal
funds donated through the project or program.
``(ii) Use of federal funds.--Any Federal funds used to
fund a project or program under a cooperative agreement may
be used only for expenses directly related to the project
or program and may not be used for operation or
administration of any non-Federal entity.
``(iii) Ownership of facilities.--Any new facility,
improvement to an existing facility, or other permanent
improvement to a refuge constructed under this subsection
shall be the property of the United States Government.
``(D) Treasury account.--Amounts received by the Secretary
of the Interior as a result of projects and programs under
subparagraph (B) shall be deposited in a separate account in
the Treasury. Amounts in the account that are attributable to
activities at a particular refuge or complex of geographically
related refuges shall be available to the Secretary of the
Interior, without further appropriation, to pay the costs of
incidental expenses related to volunteer activities, and to
carry out cooperative agreements for the refuge or complex of
refuges.''.
SEC. 6. REFUGE EDUCATION PROGRAM DEVELOPMENT.
Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) (as
amended by section 5) is amended by adding at the end the following:
``(e) Refuge Education Program Enhancement.--
``(1) Guidance.--Not later than 1 year after the date of
enactment of this subsection, the Secretary of the Interior shall
develop guidance for refuge education programs to further the
mission of the National Wildlife Refuge System and the purposes of
individual refuges through--
``(A) providing outdoor classroom opportunities for
students on national wildlife refuges that combine educational
curricula with the personal experiences of students relating to
fish, wildlife, and plants and their habitat and to the
cultural and historical resources of the refuges;
``(B) promoting understanding and conservation of fish,
wildlife, and plants and cultural and historical resources of
the refuges; and
``(C) improving scientific literacy in conjunction with
both formal and nonformal education programs.
``(2) Refuge programs.--Based on the guidance developed under
paragraph (1), the Secretary of the Interior may develop or enhance
refuge education programs as appropriate, based on the resources of
individual refuges and the opportunities available for such
programs in State, local, and private schools. In developing and
implementing each program, the Secretary should cooperate with
State and local education authorities, and may cooperate with
partner organizations in accordance with subsection (d).''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) (as
amended by section 6) is amended by adding at the end the following:
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out subsections
(b), (c), (d), and (e) $2,000,000 for each of fiscal years 1999 through
2004.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 - Amends the Fish and Wildlife Act of 1956 to provide that any gift or bequest made for the benefit of a particular national wildlife refuge or complex of refuges shall be disbursed only for such refuge's or refuges' benefit. Authorizes Federal matching funds.
(Sec. 4) Directs the Secretary of the Interior (Secretary) to conduct a volunteer coordinator pilot project in at least two refuges (but not more than 20 nationwide) in each United States Fish and Wildlife Service region. Authorizes appropriations. Authorizes the Secretary and the Secretary of Commerce to provide volunteers in the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration with awards and recognition, including nominal cash awards.
Authorizes the Secretary to establish a Senior Volunteer Corps.
(Sec. 5) Authorizes the Secretary to enter into cooperative agreements with community partnership organizations (private, corporate, academic, or State or local) to implement refuge related programs. Authorizes Federal matching funds.
(Sec. 6) Directs the Secretary to develop guidance for, and programs of, refuge education.
(Sec. 7) Authorizes appropriations. | {"src": "billsum_train", "title": "National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998"} | 2,617 | 272 | 0.612433 | 1.659579 | 0.719657 | 2.908696 | 10.317391 | 0.891304 |
SECTION. 1. INFORMATION OBTAINED BY THE COMMISSIONER OF SOCIAL SECURITY
REGARDING DISABILITY DETERMINATIONS TO BE TRANSFERRED TO
SECRETARY OF VETERANS AFFAIRS.
(a) Transfer of Information Relating to Eligibility for
Supplemental Security Income.--Section 1631(f) of the Social Security
Act (42 U.S.C. 1383(f)) is amended--
(1) in the heading, by striking ``Furnishing of Information
by Other Agencies'' and inserting ``Information Sharing Between
Federal Agencies'';
(2) by inserting ``(1) ''after ``(f)''; and
(3) by adding at the end the following:
``(2) In a case in which the Commissioner determines the
eligibility for supplemental security income of an individual who is a
veteran (as defined in section 101 of title 38, United States Code),
the Commissioner shall, subject to the consent the veteran, provide to
the Secretary of Veterans Affairs medical information regarding the
veteran which the Commissioner obtained when determining such
eligibility and which may be relevant to determination of eligibility
of the veteran for benefits under laws administered by the Secretary.
Such information may include the Commissioner's determination of the
veteran's eligibility for supplemental security income and the basis
for that determination. The types of information to be provided shall
be specified in an agreement to be entered into between the
Commissioner and the Secretary.''.
(b) Transfer of Information.--Section 221 of the Social Security
Act (42 U.S.C. 422) is amended by adding at the end the following:
``(m) In a case in which the Commissioner has determined the
eligibility for disability insurance benefit payments of an individual
who is a veteran (as defined in section 101 of title 38, United States
Code), the Commissioner shall, subject to the consent of the veteran,
provide to the Secretary of Veterans Affairs medical information
regarding the veteran which the Commissioner obtained when determining
such eligibility and which may be relevant to determination of
eligibility of the veteran for benefits under laws administered by the
Secretary. Such information may include the Commissioner's
determination of the veteran's eligibility for such payments and the
basis for that determination. The types of information to be provided
shall be specified in an agreement to be entered into between the
Commissioner and the Secretary.''.
SEC. 2. SOCIAL SECURITY ADMINISTRATION DISABILITY INFORMATION OBTAINED
BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Requirement To Obtain Information.--Section 5106 of title 38,
United States Code, is amended--
(1) by inserting ``(a)'' before ``The head of any''; and
(2) by adding at the end the following:
``(b) In a case in which the Secretary has received from a veteran
an application for a disability benefit under laws administered by the
Secretary and there is an issue of the nature or degree of disease or
disability of the veteran, the Secretary shall, if the veteran has
previously applied for supplemental security income under title XVI of
the Social Security Act or for disability insurance benefit payments
under title II of that Act, request the Commissioner of Social Security
to provide to the Secretary any medical information obtained when
determining the veteran's eligibility under such Act.''.
(b) Use of Disability Determinations Made by the Social Security
Administration.--(1) Subchapter I of chapter 51 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 5109a. Use of disability determinations made by Social Security
Administration
``(a) When the Secretary receives from the Social Security
Administration notice that the Commissioner of Social Security has
determined that a veteran has a disease or disability, or has made a
medical determination as to the nature or degree of a disease or
disability of a veteran, in a case in which the veteran has applied for
disability benefits under laws administered by the Secretary and the
eligibility of such veteran for such benefits has not been determined
by the Secretary, the Secretary shall accept such determination for
purposes of determining the existence of such disability or the nature
or degree of such disability for purposes of laws administered by the
Secretary. The Secretary may not rely on a determination by the Social
Security Administration that a disability does not exist.
``(b) When the Secretary has awarded a disability benefit to a
veteran in reliance upon information obtained from the Social Security
Administration, the Secretary shall periodically verify with the Social
Security Administration the status of the veteran's disability. If the
Social Security Administration has determined that the disability no
longer exists, or that the nature or degree of the disability has
changed, the Secretary shall review the award of disability benefits to
the veteran.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5109 the
following new item:
``5109a. Use of disability determinations made by Social Security
Administration.''. | Amends titles II ( Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income Program for the Aged, Blind, and Disabled) of the Social Security Act to require the Commissioner of Social Security , with the approval of the veteran involved, to provide the Secretary of Veterans Affairs with medical information regarding eligibility determinations for disability benefits under such titles.
Amends provisions of Federal law relating to veterans to direct the Secretary, when there is an issue of the nature or degree of a disease or disability, to request the Commissioner to provide to the Secretary such medical information obtained when determining the veteran's eligibility under titles II or XVI of the Social Security Act. Requires the Secretary, in those cases where a determination has not been made by the Secretary, to accept the Commissioner's determination regarding the existence of a disability or the nature or degree of such disability for purposes of laws administered by the Secretary. | {"src": "billsum_train", "title": "To amend the Social Security Act and title 38, United States Code, to provide for sharing of medical information relating to determination of disability between the Social Security Administration and Department of Veterans Affairs."} | 1,098 | 204 | 0.669549 | 1.838795 | 0.752473 | 3.525424 | 5.711864 | 0.870056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Access to Emergency Services
Act of 2005''.
SEC. 2. COST-BASED CRITICAL ACCESS HOSPITAL AMBULANCE SERVICES CHANGES.
(a) In General.--Section 1834(l)(8) of the Social Security Act (42
U.S.C. 1395m(l)(8)) is amended--
(1) in subparagraph (B)--
(A) by striking ``owned and''; and
(B) by inserting ``(including when such services
are provided by the entity under an arrangement with
the hospital)'' after ``hospital''; and
(2) by striking the comma at the end of subparagraph (B)
and all that follows and inserting a period.
(b) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2006.
SEC. 3. PROVIDING APPROPRIATE COVERAGE OF RURAL GROUND AMBULANCE
SERVICES.
(a) Coverage.--Section 1834(l) of the Social Security Act (42
U.S.C. 1395m(l)) is amended by adding at the end the following new
paragraph:
``(15) Providing appropriate coverage of rural ground
ambulance services.--
``(A) In general.--The regulations described in
section 1861(s)(7) shall provide, to the extent that
any ambulance services (whether ground or air) may be
covered under such section, that a rural ground
ambulance service (as defined in subparagraph (C)) is
reimbursed under this subsection at the ground
ambulance rate if the ground ambulance service--
``(i) is reasonable and necessary based on
the health condition of the individual being
transported at or immediately prior to the time
of the transport; and
``(ii) complies with equipment and crew
requirements established by the Secretary.
``(B) Prudent layperson standard as satisfaction of
requirement of medically necessary.--The requirement of
subparagraph (A)(i) is deemed to be met for a rural
ground ambulance service if the request for such
ambulance service is made after the sudden onset of a
medical condition that would be classified as an
emergency medical condition under section
1852(d)(3)(B)).
``(C) Rural ground ambulance service defined.--For
purposes of this paragraph, the term `rural ground
ambulance service' means a ground ambulance service in
which the point of pick up of the individual occurs in
a rural area identified by the Secretary under
paragraph (16)(B).''.
(b) Conforming Amendment.--Section 1861(s)(7) of such Act (42
U.S.C. 1395x(s)(7)) is amended by striking ``section 1834(l)(14)'' and
inserting ``paragraphs (14) and (15) of section 1834(l)''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2006.
SEC. 4. IMPROVEMENT IN PAYMENTS TO RETAIN EMERGENCY AND OTHER CAPACITY
FOR AMBULANCES IN RURAL AREAS.
(a) In General.--Section 1834(l) of the Social Security Act (42
U.S.C. 1395m(l)), as amended by section 3(a), is amended by adding at
the end the following new paragraph:
``(16) Additional payments for providers furnishing
ambulance services in rural areas.--
``(A) In general.--In the case of ground ambulance
services furnished on or after January 1, 2006, for
which the transportation originates in a rural area (as
determined under subparagraph (B)), the Secretary shall
provide for a percent increase in the base rate of the
fee schedule for a trip identified under this
subsection.
``(B) Identification of rural areas.--The
Secretary, in consultation with the Office of Rural
Health Policy, shall use the Rural-Urban Commuting
Areas (RUCA) coding system, adopted by that Office, to
designate rural areas for the purposes of this
paragraph. A rural area is any area in RUCA levels 2
through 10 and any unclassified area.
``(C) Tiering of rural areas.--The Secretary shall
designate 4 tiers of rural areas, using a ZIP Code
population-based methodology generated by the RUCA
coding system, as follows:
``(i) Tier 1.--A rural area that is a high
metropolitan commuting area, in which 30
percent or more of the commuting flow is to an
urban area, as designated by the Bureau of the
Census (RUCA level 2).
``(ii) Tier 2.--A rural area that is a low
metropolitan commuting area, in which less than
30 percent of the commuting flow is to an urban
area or to a large town, as designated by the
Bureau of the Census (RUCA levels 3-6).
``(iii) Tier 3.--A rural area that is a
small town core, as designated by the Bureau of
the Census, in which no significant portion of
the commuting flow is to an area of population
greater than 10,000 people (RUCA levels 7-9).
``(iv) Tier 4.--A rural area in which there
is no dominant commuting flow (RUCA level 10)
and any unclassified area.
The Secretary shall consult with the Office of Rural
Health Policy not less often than every 2 years to
update the designation of rural areas in accordance
with any changes that are made to the RUCA system.
``(D) Payment adjustments for trips in rural
areas.--The Secretary shall adjust the payment rate
under this section for ambulance trips that originate
in each of the tiers established in subparagraph (C)
according to the national average cost of full-cost
providers for providing ambulance services in each such
tier.''.
(b) Review of Payments for Rural Ambulance Services and Report to
Congress.--
(1) Review.--Not later than July 1, 2008, the Secretary of
Health and Human Services shall review the system for adjusting
payments for rural ambulance services under section 1834(l)(16)
of the Social Security Act, as added by subsection (a), to
determine the adequacy and appropriateness of such adjustments.
In conducting such review, the Secretary shall consult with
providers and suppliers affected by such adjustments and with
representatives of the ambulance industry generally to
determine--
(A) whether such adjustments adequately cover the
additional costs incurred in serving areas of low
population density; and
(B) whether the tiered structure for making such
adjustments appropriately reflects the difference in
costs of providing services in different types of rural
areas.
(2) Report.--Not later than January 1, 2009, the Secretary
shall submit to Congress a report on the review conducted under
paragraph (1) together with any recommendations for revision to
the systems for adjusting payments for ambulance services in
rural areas that the Secretary of Health and Human Services
determines appropriate.
(c) Conforming Amendments.--(1) Section 1834(l) of the Social
Security Act (42 U.S.C. 1395m(l)), as amended by subsection (a), is
amended by adding at the end the following new paragraph:
``(17) Designation of rural areas for mileage payment
purposes.--In establishing any differential in the amount of
payment for mileage between rural and urban areas in the fee
schedule established under paragraph (1), the Secretary shall,
in the case of ambulance services furnished on or after January
1, 2006, identify rural areas in the same manner as provided in
paragraph (16)(B).''.
(2) Section 1834(l)(12)(A) of such Act (42 U.S.C. 1395m(l)(12)(A))
is amended by striking ``January 1, 2010'' and inserting ``January 1,
2006''.
(3) Section 1834(l)(13)(A)(i) of such Act (42 U.S.C.
1395m(l)(13)(A)(i)) is amended by inserting ``(or in the case of such
services furnished in 2006, in a rural area identified by the Secretary
under paragraph (16)(B))'' after ``such paragraph''.
SEC. 5. EXPANDING THE WORK OF MEDICARE QUALITY IMPROVEMENT
ORGANIZATIONS TO INCLUDE AMBULANCE PROVIDERS.
(a) Application to Ambulance Providers.--Section 1154(a)(1) of the
Social Security Act (42 U.S.C. 1320c-3(a)(1)) is amended by inserting
``(including ambulance providers)'' after ``noninstitutional
providers'' in the matter preceding subparagraph (A).
(b) Effective Date.--The amendment made by this section shall apply
on and after October 1, 2006.
SEC. 6. INCLUDING AMBULANCE PROVIDERS IN THE DEFINITION OF HEALTH CARE
PROVIDER FOR PURPOSES OF THE UNIVERSAL SERVICE FUND.
(a) In General.--Section 254(h)(7)(B) of the Communications Act of
1934 (47 U.S.C. 254(h)(7)(B)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (viii);
(3) in clause (viii), as so redesignated, by striking
``(vi)'' and inserting ``(vii)''; and
(4) by inserting after clause (vi) the following new
clause:
``(vii) ambulance providers; and''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006.
SEC. 7. EMERGENCY MEDICAL SERVICES DEMONSTRATION PROJECT.
(a) In General.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), acting
through the Office of Rural Health Policy, shall award grants
to States to encourage such States to make improvements to
their emergency medical services (in this section referred to
as ``EMS'') systems.
(2) Administration requirement.--In order to be eligible
for a grant under this section, a State shall administer the
project jointly through the State EMS office and the State
rural health office. Either such office may be the lead office
for the project.
(3) Number of grants.--The Secretary shall award 3 grants
under this section.
(4) Maximum amount.--The Secretary shall not award a grant
under this section in an amount which exceeds $5,000,000.
(5) Duration.--The Secretary shall award grants under this
section for a period not to exceed 3 years.
(b) Target.--A State that receives a grant under this section
shall, in determining how to allocate the assistance received through
such grant--
(1) target such assistance to geographic areas that
complete community EMS assessments and informed self-
determination processes; and
(2) consider progress toward E-911 and WE-911 system
capability.
(c) Use of Funds.--Subject to subsection (b), a State that receives
a grant under this section may use assistance received through such
grant for the following:
(1) To integrate the State EMS systems with the State and
local health care delivery system, including through exploring
opportunities for expanded EMS scopes of practice and piloting
EMS-based rural community health services.
(2) To explore alternative rural EMS funding mechanisms
with State insurance authorities.
(3) To form rural and frontier EMS operational or service-
contracting networks.
(4) To analyze rural and frontier workforce recruitment and
retention efforts and to develop statewide plans for
improvement of such efforts.
(5) To deliver a rural EMS leadership and management
training model which includes EMS leadership, grant writing,
data collection, research, governing board structure, and
management of volunteers.
(6) To establish at least one full-time position of State
EMS medical director (or an equivalent position).
(7) To develop flexible models for providing EMS training
and continuing education to rural and frontier areas and to
develop bridge training between EMS providers and the nursing
or other allied health professions.
(8) To develop State and regional stockpiling and sharing
of expensive training devices, such as mannequins and patient
simulators.
(9) To develop and distribute, in partnership with public
health agencies, data-driven public information resources to
local EMS providers.
(10) To conduct comprehensive State EMS communications
needs assessments.
(11) To plan, integrate, and regulate, at the State level,
aeromedical, critical care transport and other statewide or
region wide systems of specialty care and transportation.
(12) To consider the evolving role of telehealth resources
and their application to EMS patient management and medical
oversight.
(13) To implement the National EMS Information System.
(14) To link and integrate, at all levels, EMS data systems
with other relevant health information systems, such as systems
relating to traffic crash data and other crash data, public
health surveillance, the medical examiner, hospital discharge
data, and emergency department data, and including the Centers
for Disease Control and Prevention surveillance monitoring
systems.
(d) Application.--
(1) In general.--Each State desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) provide assurances to the Secretary that no law
exists in the State that would prohibit EMS personnel
from practicing in non-ambulance settings; and
(C) provide such additional assurances as the
Secretary determines to be essential to ensure
compliance with the requirements of this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 to carry out this section. Not more than 10
percent of amounts received under a grant awarded under this section
may be used for administrative expenses. | Rural Access to Emergency Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to: (1) cost-based critical access hospital ambulance services; (2) appropriate coverage of rural ground ambulance services; and (3) payments to retain emergency and other capacity for ambulances in rural areas.
Amends SSA title XI to provide for expanding the work of Medicare quality improvement organizations to include ambulance providers.
Amends the Communications Act of 1934 with respect to including ambulance providers in the definition of health care provider for purposes of the Universal Service Fund.
Directs the Secretary of Health and Human Services to award grants to States to encourage them to make improvements to their emergency medical services systems. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to make improvements to payments to ambulance providers in rural areas, and for other purposes."} | 3,143 | 151 | 0.511872 | 1.262239 | 0.689654 | 4.825175 | 19.272727 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repairing Our Aging Roads Act''.
SEC. 2. TRANSPORTATION BONDS AND TRUST FUNDS.
(a) Authority To Issue Transportation Bonds.--Section 3102 of title
31, United States Code, is amended by adding at the end the following
new subsection:
``(f) Transportation Bonds.--
``(1) In general.--The Secretary is authorized to issue
bonds under this section, to be known as `Transportation
Bonds'. Transportation Bonds shall be issued for each of the 50
States and shall be separately identified with respect to each
State.
``(2) Limitation.--The aggregate amount of Transportation
Bonds issued with respect to each State shall not exceed
$2,000,000,000.
``(3) Form.--Except as provided in paragraph (3), the bonds
authorized by paragraph (1) shall be in such form and
denominations, and shall be subject to such terms and
conditions of issue, conversion, redemption, maturation,
payment, and rate of interest as the Secretary may prescribe.
``(4) Maximum rate of interest.--The rate of interest on
any bond authorized by paragraph (1) shall not exceed the rate
of interest which is 0.25 percentage points less than the rate
of interest which would apply with respect to an otherwise
substantially identical bond authorized under subsection
(a).''.
(b) Transportation Trust Funds.--
(1) Establishment of trust funds.--There is established in
the Treasury of the United States 50 separate trust funds,
consisting of such amounts as may be appropriated, credited, or
transferred to each such trust fund as provided in this section
or other provision of law. Such trust funds shall be
established with respect to each of the 50 States and each
shall be known as the ``State Transportation Trust Fund''
(where the name of the corresponding State is substituted for
``State''). For purposes of this subsection, any reference to
``each State Transportation Trust Fund'' shall be treated as a
reference to each of the 50 trust funds established under this
paragraph.
(2) Transfers to trust funds.--There are hereby
appropriated to each State Transportation Trust Fund amounts
equivalent to all revenues derived from the sale and issuance
of Transportation Bonds issued under section 3102 of title 31,
United States Code, with respect to the corresponding State.
(3) Expenditures from trust funds.--Amounts in each State
Transportation Trust Fund shall be available, without need of
further appropriation, for monthly disbursement to the
corresponding State with respect to such Trust Fund. Such
monthly disbursements shall be used by the corresponding State
only for purposes of making expenditures to construct or
improve transportation infrastructure in the corresponding
State.
(c) Prevention of State Participation in Transportation Bonds
Program.--
(1) In general.--The Secretary of the Treasury shall not
issue any Transportation Bond under section 3102(f) of title
31, United States Code, as added by subsection (a), to any
State or political subdivision thereof.
(2) Denial of state benefit from indirect acquisitions.--
Appropriations to any State Transportation Trust Fund under
subsection (b)(2) shall be reduced by the amount of any
revenues derived from the sale or issuance of any
Transportation Bond to any person if such bond was acquired by
such person with funds provided directly or indirectly by any
State or political subdivision thereof.
SEC. 3. OFFSETTING REDUCTION IN DISCRETIONARY SPENDING.
(a) Calculation.--On the last day of the first quarter during which
Transportation Bonds are issued under section 3102(f) of title 31,
United States Code (as added by subsection (a)), and on the last day of
each quarter thereafter, the Secretary of the Treasury shall calculate
the dollar amount of bonds issued during any such quarter.
(b) Rescission.--On the first day of the quarter immediately
following any quarter with respect to which a calculation is made under
subsection (a), there is hereby rescinded an amount equal to the
calculated dollar amount of--
(1) the budget authority provided for any discretionary
account in any appropriation Act for the fiscal year in which
such first day occurs; and
(2) the budget authority provided in any advance
appropriation for any discretionary account in any prior year
appropriation Act.
(c) Proportionate Application.--Any rescission made by subsection
(b) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation Acts, as
delineated in the most recently submitted President's budget). | Repairing Our Aging Roads Act - Authorizes the Secretary of Transportation (DOT) to issue Transportation Bonds in the aggregate of up to $2 billion to each state for transportation infrastructure projects. Establishes in the Treasury 50 separate State Transportation Trust Funds consisting of amounts derived from the sale and issuance of Transportation Bonds to construct or improve state transportation infrastructure. Requires an offsetting reduction, equal to the dollar amount of bonds issued, in any discretionary account in any appropriation Act. | {"src": "billsum_train", "title": "Repairing Our Aging Roads Act"} | 1,065 | 109 | 0.542681 | 1.392972 | 1.033095 | 2.556818 | 11.215909 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Retirees Health Care
Protection Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Career uniformed service members and their families
endure unique and extraordinary demands and sacrifices during
the course of a decades-long career protecting freedoms for all
Americans.
(2) The extent of these demands and sacrifices is never so
evident as in wartime, not only in today's Global War on
Terrorism, but also during the last 6 decades of hot and cold
wars when today's retired service members were on continuous
call to enter into harm's way when and as needed.
(3) The demands and sacrifices are such that few Americans
are willing to accept them for a multi-decade career.
(4) The primary offset for enduring the extraordinary
sacrifices inherent in a military career is a system of
extraordinary retirement benefits, including health care
coverage considerably better than that afforded civilian
workers, that a grateful Nation provides for those who choose
to subordinate much of their personal life to the national
interest for so many years.
(5) Many private sector firms are curtailing health
benefits and shifting significantly higher costs to their
employees.
(6) One effect of such curtailment is that retired service
members who work for such employers increasingly depend on the
TRICARE coverage they earned by their military service.
(7) While the Department of Defense has made some efforts
to constrain TRICARE program costs, a large part of the
Department's effort has been aimed at shifting a larger share
of cost burdens to retired service members.
(8) The beneficiary cost increases proposed by the
Department of Defense fail to recognize adequately that career
service members paid enormous in-kind premiums through their
extended service and sacrifice.
(9) A significant share of the Nation's health care
providers refuse to accept new TRICARE patients because TRICARE
pays them significantly less than commercial insurance programs
and imposes unique administrative requirements.
(10) The Department of Defense has chosen to count the
accrual deposit to the Department of Defense Medicare-Eligible
Retiree Health Care Fund against the budget of the Department
of Defense, contrary to the amendments made by section 725 of
Public Law 108-375.
(11) Leaders of the Department of Defense have reported to
Congress that counting such deposits against the budget of the
Department of Defense is impinging on other readiness needs,
including weapons programs, an inappropriate situation which
section 725 of Public Law 108-375 was intended expressly to
prevent.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense and the Nation have a
committed health benefits obligation to retired uniformed
service members that exceeds the obligation of corporate
employers to civilian employees; and
(2) the Department of Defense has many additional options
to constrain the growth of health care spending in ways that do
not disadvantage beneficiaries and should pursue any and all
such options rather than seeking large fee increases for
beneficiaries.
SEC. 3. PROHIBITION ON INCREASES OF CERTAIN HEALTH COSTS AND
RESTRICTIONS ON HEALTH BENEFIT ADJUSTMENTS FOR MEMBERS
AND RETIREES OF THE UNIFORMED SERVICES AND THEIR
DEPENDENTS.
(a) Prohibition on Increase in Charges Under Contracts for Medical
Care.--Section 1097(e) of title 10, United States Code, is amended in
the last sentence--
(1) by striking ``during the period beginning on'' and
inserting ``after''; and
(2) by striking ``, and ending on September 30, 2011''.
(b) Prohibition on Increase in Amount of Cost Sharing Requirement
Under Pharmacy Benefits Program.--Section 1074g(a)(6)(A) of title 10,
United States Code, is amended by adding at the end the following:
``After September 30, 2011, the dollar amount of a cost sharing
requirement (whether established as a percentage or a fixed dollar
amount) may not be increased.''.
(c) Prohibition on Increase in Charges for Inpatient Care.--Section
1086(b)(3) of title 10, United States Code, is amended by striking
``during the period beginning on April 1, 2006, and ending on September
30, 2011''.
(d) Prohibition on Increase in Premiums Under TRICARE Coverage for
Certain Members in the Selected Reserve.--Section 1076d(d)(3) of title
10, United States Code, is amended to read as follows:
``(3) Beginning on October 1, 2011, the monthly amount of
the premium for TRICARE Standard coverage under this section
may not be increased to be more than the amount in effect for
the month of September 2011.''.
(e) Prohibition on Increase in Premiums Under TRICARE Coverage for
Certain Members of the Retired Reserve.--Section 1076e(d) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(6) Beginning on October 1, 2011, the monthly amount of the
premium for TRICARE Standard coverage under this section may not be
increased to be more than the amount in effect for the month of
September 2011.''. | Military Retirees Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed health benefits obligation to retired military personnel that exceeds the obligation of corporate employers to civilian employees; and (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries, and should pursue such options rather than seeking large fee increases for beneficiaries.
Prohibits an increase after: (1) April 1, 2006, in a premium, deductible, copayment, or other charge prescribed by the Secretary of Defense for medical and dental health care coverage for military personnel; and (2) September 30, 2011, in the dollar amount of a cost-sharing requirement under the DOD pharmacy benefits program.
Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day; and (2) beginning on October 1, 2011, an increase in premiums under TRICARE (a DOD managed health care program) for certain members of the Selected Reserve and Retired Reserve. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to prohibit certain increases in fees for military health care."} | 1,151 | 221 | 0.553042 | 1.773918 | 0.717737 | 3.770335 | 5.014354 | 0.880383 |
s, Amendments, Amendments Between the
Houses, and Conference Reports.--
(1) In general.--It shall not be in order in the Senate to
consider a bill, joint resolution, motion, amendment, amendment
between the Houses, or conference report that includes an
earmark.
(2) Procedure.--
(A) In general.--Upon a point of order being made
by any Senator under paragraph (1) against an earmark,
and such point of order being sustained, such earmark
shall be stricken.
(B) Form of the point of order.--A point of order
under paragraph (1) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974 (2 U.S.C. 644(e)).
(b) Conference Report and Amendment Between the Houses Procedure.--
When the Senate is considering a conference report, or an amendment
between the Houses--
(1) upon a point of order being made by any Senator under
subsection (a) with respect to one or more earmarks, and such
point of order being sustained, such earmarks shall be
stricken; and
(2) after all points of order under subsection (a) have
been disposed of--
(A) the Senate shall proceed to consider the
question of whether the Senate shall recede from its
amendment and concur with a further amendment, or
concur in the House amendment with a further amendment,
as the case may be, which further amendment shall
consist of only that portion of the conference report
or House amendment, as the case may be, not so
stricken;
(B) any such motion in the Senate shall be
debatable under the same conditions as was the
conference report or amendment between the Houses; and
(C) in any case in which such point of order is
sustained against a conference report (or Senate
amendment derived from such conference report by
operation of this subsection), no further amendment
shall be in order.
(c) Waiver; Appeal.--A point of order under subsection (a) may be
waived only by an affirmative vote of two-thirds of the Members of the
Senate, duly chosen and sworn. An affirmative vote of two-thirds of the
Members of the Senate, duly chosen and sworn, shall be required to
sustain an appeal of the ruling of the Chair on a point of order raised
under subsection (a).
(d) Definitions.--
(1) Earmark.--For the purpose of this section, the term
``earmark'' means a provision or report language included
primarily at the request of a Senator or Member of the House of
Representatives as certified under paragraph 1(a)(1) of rule
XLIV of the Standing Rules of the Senate--
(A) providing, authorizing, or recommending a
specific amount of discretionary budget authority,
credit authority, or other spending authority for a
contract, loan, loan guarantee, grant, loan authority,
or other expenditure with or to an entity, or targeted
to a specific State, locality or Congressional
district, other than through a statutory or
administrative formula-driven or competitive award
process;
(B) that--
(i) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue Code
of 1986; and
(ii) contains eligibility criteria that are
not uniform in application with respect to
potential beneficiaries of such provision; or
(C) modifying the Harmonized Tariff Schedule of the
United States in a manner that benefits ten or fewer
entities.
(2) Determination by the senate.--In the event the Chair is
unable to ascertain whether a provision with respect to which a
Senator raises a point of order under subsection (a)
constitutes an earmark, the question of whether the provision
constitutes an earmark shall be submitted to the Senate and be
decided without debate by an affirmative vote of two-thirds of
the Senators, duly chosen and sworn.
(e) Application.--This section shall not apply to any authorization
of appropriations to a Federal entity if such authorization is not
specifically targeted to a State, locality, or congressional district. | Earmark Elimination Act of 2018 This bill establishes a point of order in the Senate against considering legislation that includes an earmark. Under the bill, an "earmark" is a congressionally directed spending item, tax benefit, or tariff benefit targeted to a specific recipient or group of beneficiaries. The point of order may be waived by an affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn. If the point of order is successfully raised and sustained, the earmark shall be stricken from the legislation. | {"src": "billsum_train", "title": "Earmark Elimination Act of 2018"} | 925 | 130 | 0.532883 | 1.366524 | 0.513825 | 3.441176 | 8.27451 | 0.852941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pitkin County Land Exchange Act of
2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize, direct, expedite, and
facilitate the exchange of land between the United States, Pitkin
County, Colorado, and the Aspen Valley Land Trust.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aspen valley land trust.--
(A) In general.--The term ``Aspen Valley Land
Trust'' means the Aspen Valley Land Trust, a nonprofit
organization as described in section 501(c)(3) of the
Internal Revenue Code of 1986.
(B) Inclusions.--The term ``Aspen Valley Land
Trust'' includes any successor, heir, or assign of the
Aspen Valley Land Trust.
(2) County.--The term ``County'' means Pitkin County, a
political subdivision of the State.
(3) Federal land.--The term ``Federal land'' means--
(A) the approximately 5.5 acres of National Forest
System land located in the County, as generally
depicted on the map entitled ``Ryan Land Exchange-
Wildwood Parcel Conveyance to Pitkin County'' and dated
August 2004;
(B) the 12 parcels of National Forest System land
located in the County totaling approximately 5.92
acres, as generally depicted on the map entitled ``Ryan
Land Exchange-Smuggler Mountain Patent Remnants-
Conveyance to Pitkin County'' and dated August 2004;
and
(C) the approximately 40 acres of Bureau of Land
management land located in the County, as generally
depicted on the map entitled ``Ryan Land Exchange-
Crystal River Parcel Conveyance to Pitkin County'' and
dated August 2004.
(4) Non-federal land.--The term ``non-Federal land''
means--
(A) the approximately 35 acres of non-Federal land
in the County, as generally depicted on the map
entitled ``Ryan Land Exchange-Ryan Property Conveyance
to Forest Service'' and dated August 2004; and
(B) the approximately 18.2 acres of non-Federal
land located on Smuggler Mountain in the County, as
generally depicted on the map entitled ``Ryan Land
Exchange-Smuggler Mountain-Grand Turk and Pontiac
Claims Conveyance to Forest Service''.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) State.--The term ``State'' means the State of Colorado.
SEC. 4. LAND EXCHANGE.
(a) In General.--If the County offers to convey to the United
States title to the non-Federal land that is acceptable to the
Secretary, the Secretary and the Secretary of the Interior shall--
(1) accept the offer; and
(2) on receipt of acceptable title to the non-Federal land,
simultaneously convey to the County, or at the request of the
County, to the Aspen Valley Land Trust, all right, title, and
interest of the United States in and to the Federal land,
subject to all valid existing rights and encumbrances.
(b) Timing.--
(1) In general.--Except as provided in paragraph (2), it is
the intent of Congress that the land exchange directed by this
Act shall be completed not later than 1 year after the date of
enactment of this Act.
(2) Exception.--The Secretary, the Secretary of the
Interior, and the County may agree to extend the deadline
specified in paragraph (1).
SEC. 5. EXCHANGE TERMS AND CONDITIONS.
(a) Equal Value Exchange.--The value of the Federal land and non-
Federal land to be exchanged under this Act--
(1) shall be equal; or
(2) shall be made equal in accordance with subsection (c).
(b) Appraisals.--
(1) In general.--The value of the Federal land and non-
Federal land shall be determined by the Secretary through
appraisals conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions;
(B) the Uniform Standards of Professional Appraisal
Practice; and
(C) Forest Service appraisal instructions.
(2) Value of certain federal land.--In conducting the
appraisal of the parcel of Federal land described in section
3(3)(C), the appraiser shall not consider the easement required
for that parcel under subsection (d)(1) for purposes of
determining the value of that parcel.
(c) Equalization of Values.--
(1) Surplus of non-federal land.--If the final appraised
value of the non-Federal land exceeds the final appraised value
of the Federal land, the County shall donate to the United
States the excess value of the non-Federal land, which shall be
considered to be a donation for all purposes of law.
(2) Surplus of federal land.--
(A) In general.--If the final appraised value of
the Federal land exceeds the final appraised value of
the non-Federal land, the value of the Federal land and
non-Federal land may be equalized by the County--
(i) making a cash equalization payment to
the Secretary;
(ii) conveying to the Secretary certain
land located in the County, comprising
approximately 160 acres, as generally depicted
on the map entitled ``Sellar Park Parcel'' and
dated August 2004; or
(iii) using a combination of the methods
described in clauses (i) and (ii), as the
Secretary and the County determine to be
appropriate.
(B) Disposition and use of proceeds.--
(i) Disposition of proceeds.--Any cash
equalization payment received by the Secretary
under subparagraph (A)(i) shall be deposited in
the fund established by Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C.
484a).
(ii) Use of proceeds.--Amounts deposited
under clause (i) shall be available to the
Secretary, without further appropriation, for
the acquisition of land or an interest in land
in the State for addition to the National
Forest System.
(d) Conditions on Certain Conveyances.--
(1) Conditions on conveyance of crystal river parcel.--
(A) In general.--The Secretary of the Interior
shall not convey to the County the parcel of land
described in section 3(3)(C) until the County grants to
the Aspen Valley Land Trust, the Roaring Fork
Conservancy, or any other entity acceptable to the
Secretary of the Interior and the County, a permanent
conservation easement to the parcel, the terms of
which--
(i)(I) provide public access to the parcel;
and
(II) require that the parcel shall be used
only for recreational, fish and wildlife
conservation, and open space purposes; and
(ii) are acceptable to the Secretary of the
Interior.
(B) Reversion.--In the deed of conveyance that
conveys the parcel of land described in section 3(3)(C)
to the County, the Secretary of the Interior shall
provide that title to the parcel shall revert to the
United States at no cost to the United States if--
(i) the parcel is used for a purpose other
than that described in subparagraph (A)(i)(II);
or
(ii) the County or the entity holding the
conservation easement elect to discontinue
administering the parcel.
(2) Conditions on conveyance of wildwood parcel.--
(A) In general.--Before the Secretary conveys to
the County the parcel described in section 3(3)(A), the
Secretary shall require the County, at the expense of
the County, to transmit to the Secretary a quitclaim
deed to the parcel that permanently relinquishes any
claim that, before the date of introduction of this
Act, was brought against the United States asserting
the right, title, or interest of the claimant in and to
the parcel.
(B) Reservation of easement.--In the deed of
conveyance of the parcel described in section 3(3)(A)
to the County, or at request of the County, to the
Aspen Valley Land Trust, the Secretary shall, as
determined to be appropriate by the Secretary in
consultation with the County, reserve to the United
States a permanent easement to the parcel for the
location, construction, and public use of the East of
Aspen Trail.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Incorporation, Management, and Status of Acquired Land.--
(1) In general.--Land acquired by the Secretary under this
Act shall become part of the White River National Forest.
(2) Management.--On acquisition, land acquired by the
Secretary under this Act shall be administered in accordance
with the laws (including rules and regulations) generally
applicable to the National Forest System.
(3) Land and water conservation fund.--For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the White River National
Forest shall be deemed to be the boundaries of the White River
National Forest as of January 1, 1965.
(b) Revocation of Orders and Withdrawal.--
(1) Revocation of orders.--Any public orders withdrawing
any of the Federal land from appropriation or disposal under
the public land laws are revoked to the extent necessary to
permit disposal of the Federal land.
(2) Withdrawal of federal land.--On the date of enactment
of this Act, if not already withdrawn or segregated from entry
and appropriation under the public land laws (including the
mining and mineral leasing laws) and the Geothermal Steam Act
of 1970 (30 U.S.C. 1001 et seq.), the Federal land is
withdrawn, subject to valid existing rights, until the date of
the conveyance of the Federal land to the County.
(3) Withdrawal of non-federal land.--On acquisition of the
non-Federal land by the Secretary, the non-Federal land is
permanently withdrawn from all forms of appropriation and
disposition under the public land laws (including the mining
and mineral leasing laws) and the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.).
(c) Boundary Adjustments.--The Secretary with jurisdiction over the
land and the County may agree to--
(1) minor adjustments to the boundaries of the Federal land
and non-Federal land; and
(2) modifications or deletions of parcels and mining claim
remnants of Federal land or non-Federal land to be exchanged on
Smuggler Mountain.
(d) Map.--If there is a discrepancy between a map, acreage
estimate, and legal or other description of the land to be exchanged
under this Act, the map shall prevail unless the Secretary with
jurisdiction over the land and the County agree otherwise. | Pitkin County Land Exchange Act of 2004 - Directs the Secretary of Agriculture (the Secretary) and the Secretary of the Interior, upon receipt of title to certain lands located in Pitkin County, Colorado, and certain lands located on Smuggler Mountain in the County, to convey to the County or to the Aspen Valley Land Trust, if the County so requests, all right, title, and interest of the United States in and to certain National Forest and Bureau of Land Management lands located in the County.
Prohibits the conveyance of a specified parcel to the County unless and until specified conditions are met, including that the County grants to the Aspen Valley Land Trust, the Roaring Fork Conservancy, or to another entity mutually agreeable to the County and the Secretary of the Interior, a permanent conservation easement which provides public access to the parcel and limits future use of the parcel to recreational, fish, and wildlife conservation, and open space purposes.
States that lands acquired by the Secretary pursuant to this Act shall become part of White River National Forest. | {"src": "billsum_train", "title": "A bill to authorize the exchange of certain land in the State of Colorado."} | 2,462 | 227 | 0.635833 | 2.030758 | 0.649027 | 3.701493 | 10.636816 | 0.915423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21\st\ Century Worker Tax Cut Act''.
SEC. 2. CREDIT FOR DUAL-EARNER FAMILIES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. DUAL-EARNER FAMILIES.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 10 percent of the
lesser of--
``(1) $10,000, or
``(2) the earned income of the spouse with the lower amount
of earned income for such taxable year.
``(b) Limitation.--The amount of the credit allowable under
subsection (a) shall be reduced (but not below zero) by an amount which
bears the same ratio to the amount determined under subsection (a) (as
determined without regard to this subsection) as the amount of the
taxpayer's excess adjusted gross income bears to $20,000.
``(c) Definitions.--In this section:
``(1) Earned income.--The term `earned income' has the same
meaning given such term in section 32(c)(2).
``(2) Eligible taxpayer.--
``(A) In general.--The term `eligible taxpayer'
means a taxpayer who--
``(i) files a joint return for the taxable
year under section 6013, and
``(ii) has at least 1 qualifying child (as
defined in section 152(c)) who has not attained
12 years of age before the close of the taxable
year.
``(3) Excess adjusted gross income.--The term `excess
adjusted gross income' means the amount of the eligible
taxpayer's adjusted gross income (as defined in section 62,
determined without regard to this section) that exceeds
$110,000 for the taxable year.
``(d) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2016, each of the dollar amounts in subsections
(a)(1) and (c)(3) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any dollar amount in subsection (a)(1)
or (c)(3), after being increased under paragraph (1), is not a
multiple of $1,000, such dollar amount shall be rounded to the
nearest multiple of $1,000.
``(e) Additional Eligibility Requirements.--
``(1) Individual claiming benefits under section 911.--No
credit shall be allowed under this section if an individual (or
the individual's spouse) claims the benefits of section 911 for
the taxable year.
``(2) Non-resident aliens.--No credit shall be allowed
under this section if an individual (or the individual's
spouse) is a nonresident alien individual for any portion of
the taxable year unless such individual is treated for such
taxable year as a resident of the United States for purposes of
this chapter by reason of an election under subsection (g) or
(h) of section 6013.
``(3) Identification number requirement.--No credit shall
be allowed under this section if the eligible taxpayer does not
include on the joint return of tax for the taxable year--
``(A) the taxpayer identification number of the
individual and the individual's spouse, and
``(B) the name, age, and taxpayer identification
number of any qualifying children.
``(f) Taxable Year Must Be Full Taxable Year.--Except in the case
of a taxable year closed by reason of the death of an individual, no
credit shall be allowable under this section in the case of a taxable
year covering a period of less than 12 months.''.
(b) Enhancement of Earned Income Tax Credit.--Section 32 of such
Code is amended--
(1) in subsection (a)(2)(B), by striking ``earned income''
and inserting ``modified earned income (as defined in
subsection (c)(5))'', and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(5) Modified earned income.--The term `modified earned
income' means an amount equal to the earned income of the
taxpayer minus an amount equal to the product of--
``(A) the amount of any credit allowed to the
taxpayer under section 25E for the taxable year,
multiplied by
``(B) 10.''.
(c) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25D the
following:
``Sec. 25E. Dual-earner families.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | 21st Century Worker Tax Cut Act This bill allows a married taxpayer who files a joint tax return and has at least one qualifying child under the age of 12 a tax credit for 10% of the lesser of $10,000 or the earned income of the spouse with the lower amount of earned income for the taxable year. The credit is denied to nonresident aliens and to taxpayers who fail to include certain identifying information on their tax returns. | {"src": "billsum_train", "title": "21 st Century Worker Tax Cut Act"} | 1,231 | 93 | 0.502761 | 1.12788 | 0.445084 | 2.506024 | 13.156627 | 0.819277 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Fisheries through Better
Science Act''.
SEC. 2. DEFINITION OF STOCK ASSESSMENT.
Section 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802) is amended by redesignating the
paragraphs after paragraph (42) in order as paragraphs (44) through
(52), and by inserting after paragraph (42) the following:
``(43) The term `stock assessment' means an evaluation of
the past, present, and future status of a stock of fish, that
includes--
``(A) a range of life history characteristics for
such stock, including--
``(i) the geographical boundaries of such
stock; and
``(ii) information on age, growth, natural
mortality, sexual maturity and reproduction,
feeding habits, and habitat preferences of such
stock; and
``(B) fishing for the stock.''.
SEC. 3. STOCK ASSESSMENT PLAN.
(a) In General.--Section 404 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 18881c) is amended by adding
at the end the following:
``(e) Stock Assessment Plan.--
``(1) In general.--The Secretary shall develop and publish
in the Federal Register, on the same schedule as required for
the strategic plan required under section 404(b) of such Act, a
plan to conduct stock assessments for all stocks of fish for
which a fishery management plan is in effect under this Act.
``(2) Contents.--The plan shall--
``(A) for each stock of fish for which a stock
assessment has previously been conducted--
``(i) establish a schedule for updating the
stock assessment that is reasonable given the
biology and characteristics of the stock; and
``(ii) subject to the availability of
appropriations, require completion of a new
stock assessment, or an update of the most
recent stock assessment--
``(I) every 5 years; or
``(II) within such other time
period specified and justified by the
Secretary in the plan;
``(B) for each stock of fish for which a stock
assessment has not previously been conducted--
``(i) establish a schedule for conducting
an initial stock assessment that is reasonable
given the biology and characteristics of the
stock; and
``(ii) subject to the availability of
appropriations, require completion of the
initial stock assessment within 3 years after
the plan is published in the Federal Register
unless another time period is specified and
justified by the Secretary in the plan; and
``(C) identify data and analysis, especially
concerning recreational fishing, that, if available,
would reduce uncertainty in and improve the accuracy of
future stock assessments, including whether such data
and analysis could be 10 provided by nongovernmental
sources, including fishermen, fishing communities,
universities, and research institutions.
``(3) Waiver of stock assessment requirement.--
Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock
assessment is not required for a stock of fish in the plan if
the Secretary determines that such a stock assessment is not
necessary and justifies such determination in the Federal
Register notice required by this subsection.''.
(b) Deadline.--Notwithstanding paragraph (1) of section 404(e) of
such Act, as amended by this section, the Secretary of Commerce shall
issue the first stock assessment plan under such section by not later
than 1 year after the date of enactment of this Act.
SEC. 4. IMPROVING SCIENCE.
(a) Incorporation of Information From Wide Variety of Sources.--
Section 2(a)(8) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801) is amended by adding at the end the
following: ``Fisheries management is most effective when it
incorporates information provided by governmental and nongovernmental
sources, including State and Federal agency staff, fishermen, fishing
communities, universities, research institutions, and other appropriate
entities. As appropriate, such information should be considered the
best scientific information available and form the basis of
conservation and management measures as required by this Act.''.
(b) Improving Data Collection and Analysis.--
(1) In general.--Section 404 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881c), as
amended by this Act, is further amended by adding at the end
the following:
``(f) Improving Data Collection and Analysis.--
``(1) In general.--The Secretary, in consultation with the
science and statistical committee of the Councils established
under section 302(g), shall develop and publish in the Federal
Register guidelines that will facilitate greater incorporation
of data, analysis, and stock assessments from nongovernmental
sources, including fishermen, fishing communities,
universities, and research institutions, into fisheries
management decisions.
``(2) Content.--The guidelines shall--
``(A) identify types of data and analysis,
especially concerning recreational fishing, that can be
reliably used as the best scientific information
available for purposes of this Act and the basis for
establishing conservation and management measures as
required by section 303(a)(1), including setting
standards for the collection and use of such data and
analysis in stock assessments and for other purposes;
``(B) provide specific guidance for collecting data
and performing analyses identified as necessary to
reduce the uncertainty referred to in section
404(e)(2)(C); and
``(C) establish a registry of persons providing
such information.
``(3) Acceptance and use of data and analyses.--The
Secretary and Regional Fishery Management Councils shall--
``(A) use all data and analyses that meet the
guidelines published under paragraph (1) as the best
scientific information available for purposes of this
Act in fisheries management decisions, unless otherwise
determined by the science and statistical committee of
the Councils established pursuant to section 302(g) of
the Act;
``(B) explain in the Federal Register notice
announcing the fishery management decision how such
data and analyses have been used to establish
conservation and management measures; and
``(C) if any such data or analysis is not used,
provide in the Federal Register notice announcing the
fishery management decision an explanation developed by
such science and statistical committee of why such data
or analysis was not used.''.
(c) Deadline.--The Secretary of Commerce shall develop and publish
guidelines under the amendment made by subsection (a) by not later than
1 year after the date of enactment of this Act.
SEC. 5. COST REDUCTION REPORT.
Within 1 year after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the Regional Fishery
Management Councils, shall submit a report to Congress that, with
respect to each fishery governed by a fishery management plan in effect
under the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)--
(1) identifies the goals of the applicable programs
governing monitoring and enforcement of fishing that is subject
to such plan;
(2) identifies methods to accomplish those goals, including
human observers, electronic monitoring, and vessel monitoring
systems;
(3) certifies which such methods are most cost-effective
for fishing that is subject to such plan; and
(4) explains why such most-cost-effective methods are not
required, if applicable.
SEC. 6. COST SHARING.
Section 304(d) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(d)) is amended by adding at the end the
following:
``(3) The Secretary shall not collect any fee under this
section or section 313(a) before preparing an analysis that
identifies the costs that will be recovered by the fee and the
costs that will not be recovered by the fee. Such analysis
shall be included in the applicable fisheries management
plan.''. | Healthy Fisheries through Better Science Act This bill amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Department of Commerce to develop and publish a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect. A "stock assessment" is an evaluation of the past, present, and future status of a stock of fish, including: (1) a range of life history characteristics, including the stock's geographical boundaries, age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences; and (2) fishing for the stock. The plan must be developed and published on the same schedule as required for the fisheries research strategic plan. The plan must: (1) establish schedules for conducting initial stock assessments and updating previously conducted assessments, and (2) identify data and analysis that would reduce uncertainty in and improve the accuracy of future stock assessments. A stock assessment is not required for a stock of fish in the plan if Commerce determines that the assessment is not necessary and justifies the determination in the Federal Register notice. Commerce must develop and publish in the Federal Register guidelines to incorporate data, analysis, and stock assessments from nongovernmental sources into fisheries management decisions and to establish a registry of information providers. Commerce and Regional Fishery Management Councils must use all data and analyses that meet the guidelines published as the best scientific information available in fisheries management decisions, unless otherwise determined by the science and statistical committees of the Councils. Commerce may not collect certain fishing permit fees and North Pacific Council fisheries research plan implementation fees before identifying the costs that will be recovered by such fee. | {"src": "billsum_train", "title": "Healthy Fisheries through Better Science Act"} | 1,776 | 352 | 0.673352 | 2.093925 | 0.784989 | 4.783019 | 5.150943 | 0.921384 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Social Status of
Black Men and Boys Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Black men and boys face disproportionate hardships that
result in disparities in areas including: education, criminal
justice, health, employment, fatherhood, mentorship, and
violence. These hardships have negative consequences for
national productivity, especially for Black families and
communities.
(2) A Commission to study and examine issues which
disproportionately have a negative impact on Black men and boys
in America will signal that the issues facing the Black male
population are a national priority, will develop solutions to
these hardships, and will help eliminate the obstacles facing
Black men and boys.
(3) A Commission will also be able to investigate potential
civil rights violations affecting this population that attract
national attention.
(4) Black babies are three times more likely to be born in
poverty and rapidly fall behind their White counterparts in
cognitive development.
(5) By fourth grade, Black students are expected to be
three years behind White male students. According to the
Educational Testing Service Policy Informational Center, only
12 percent of Black eighth-grade male students are proficient
in math, compared to 44 percent of White eighth-grade male
students.
(6) The Educational Testing Service Policy Informational
Center also found that nationally, more than 50 percent of
Black male students attending urban schools will drop out.
(7) The low rate of high school retention among Black male
students directly relates to high rates of joblessness and
incarceration among this population. This barrier to employment
exacerbates cycles of poverty, which in turn results in health
inequalities, including higher levels of diabetes, obesity, and
HIV/AIDS. According to a study by the American Academy of Arts
and Sciences, more than 66 percent of Black male dropouts are
expected to serve time in State or Federal prison.
(8) Black men are subjected to unequal profiling by the
police and disproportionately harsh sentences in the judicial
system. The Black male population is six times more likely to
become incarcerated than their White counterparts. Although the
Black male population comprises approximately six percent of
the United States population, of the 2,300,000 people
incarcerated nationwide, 1 million are Black males. Black males
receive ten percent longer Federal sentences than White males
who commit the same crime.
(9) According to the Bureau of Statistics and the Pew
Research Center, Black male unemployment is consistently almost
double that of White male unemployment.
(10) Black fathers are more than twice as likely to live
apart from their children as White fathers.
(11) Young boys with male mentors are more likely to
progress further in school and have greater financial success
in life.
SEC. 3. COMMISSION ESTABLISHMENT AND MEMBERSHIP.
(a) Establishment.--The Commission on the Social Status of Black
Men and Boys (hereinafter in this Act referred to as ``the
Commission'') is hereby established within the United States Commission
on Civil Rights Office of the Staff Director.
(b) Membership.--The Commission shall consist of 19 members
appointed as follows:
(1) The Senate majority leader shall appoint one member who
is not employed by the Federal Government and is an expert on
issues affecting Black men and boys in America.
(2) The Senate minority leader shall appoint one member who
is not employed by the Federal Government and is an expert on
issues affecting Black men and boys in America.
(3) The House of Representatives majority leader shall
appoint one member who is not employed by the Federal
Government and is an expert on issues affecting Black men and
boys in America.
(4) The House of Representatives minority leader shall
appoint one member who is not employed by the Federal
Government and is an expert on issues affecting Black men and
boys in America.
(5) The Chair of the Congressional Black Caucus (CBC) shall
be a member of the Commission, as well as five additional
Members of the CBC who either sit on the following committees
of relevant jurisdiction or who is an expert on issues
affecting Black men and boys in America, including--
(A) education;
(B) justice and Civil Rights;
(C) healthcare;
(D) labor and employment; and
(E) housing.
(6) The Staff Director from the United States Commission on
Civil Rights shall appoint one member from within the staff of
the United States Commission on Civil Rights who is an expert
in issues relating to Black men and boys.
(7) The Chair of the United States Equal Employment
Opportunity Commission shall appoint one member from within the
staff of the United States Equal Employment Opportunity
Commission who is an expert in equal employment issues
impacting Black men.
(8) The Secretary of Education shall appoint one member
from within the Department of Education who is an expert in
urban education.
(9) The Attorney General of the Department of Justice shall
appoint one member from within the Department of Justice who is
an expert in racial disparities with the criminal justice
system.
(10) The Secretary of Health and Human Services shall
appoint one member from within the Department of Health and
Human Services who is an expert in health issues facing Black
men.
(11) The Secretary of the Department of Housing and Urban
Development shall appoint one member from within the Department
of Housing and Urban Development who is an expert in housing
and development in urban communities.
(12) The Secretary of the Department of Labor shall appoint
one member from within the Department of Labor who is an expert
in labor issues impacting Black men.
(13) The President of the United States shall appoint two
members who are not employed by the Federal Government and are
experts on issues affecting Black men and boys in America.
SEC. 4. OTHER MATTERS RELATING TO APPOINTMENT; REMOVAL.
(a) Timing of Initial Appointments.--Each initial appointment to
the Commission shall be made no later than 90 days after the Commission
is established. If any appointing authorities fail to appoint a member
to the Commission, their appointment shall be filled by the United
States Commission on Civil Rights.
(b) Terms.--Except as otherwise provided in this section, the term
of a member of the Commission shall be four years. For the purpose of
providing staggered terms, the first term of those members initially
appointed under paragraphs (1) through (5) of section 3 shall be
appointed to two-year terms with all other terms lasting four years.
Members are eligible for consecutive reappointment.
(c) Removal.--A member of the Commission may be removed from the
Commission at any time by the appointing authority should the member
fail to meet Commission responsibilities. Once the seat becomes vacant,
the appointing authority is responsible for filling the vacancy in the
Commission before the next meeting.
(d) Vacancies.--The appointing authority of a member of the
Commission shall either reappoint that member at the end of that
member's term or appoint another person meeting the qualifications for
that appointment. In the event of a vacancy arising during a term, the
appointing authority shall, before the next meeting of the Commission,
appoint a replacement to finish that term.
SEC. 5. LEADERSHIP ELECTION.
At the first meeting of the Commission each year, the members shall
elect a Chair and a Secretary. A vacancy in the Chair or Secretary
shall be filled by vote of the remaining members. The Chair and
Secretary are eligible for consecutive reappointment.
SEC. 6. COMMISSION DUTIES AND POWERS.
(a) Study.--The Commission shall make a systematic study of the
conditions affecting Black men and boys, including, but not limited to,
homicide rates, arrest and incarceration rates, poverty, violence,
fatherhood, mentorship, drug abuse, death rates, disparate income and
wealth levels, school performance in all grade levels including
postsecondary levels and college, and health issues. The Commission
shall also document trends under the above topics and report on the
community impacts of relevant government programs within the scope of
the above topics. All reports shall be made public via a Federal agency
website.
(b) Proposal of Measures.--The Commission shall propose measures to
alleviate and remedy the underlying causes of the conditions described
in the subsection (a), which may include recommendations of changes to
the law, recommendations for how to implement related policies, and
recommendations for how to create, develop, or improve upon government
programs.
(c) Suggestions and Comments.--The Commission shall accept
suggestions or comments pertinent to the applicable issues from members
of Congress, governmental agencies, public and private organizations,
and private citizens.
(d) Staff and Administrative Support.--The Office of the Staff
Director of the United States Commission on Civil Rights shall provide
staff and administrative support to the Commission. All entities of the
United States Government shall provide information that is otherwise a
public record at the request of the Commission on Black Men and Boys.
SEC. 7. COMMISSION MEETING REQUIREMENTS.
(a) First Meeting.--The first meeting of the Commission shall take
place no later than 30 days after the initial members are all
appointed. Meetings shall be focused on significant issues impacting
Black men and boys, for the purpose of initiating research ideas and
delegating research tasks to Commission members to initiate the first
semiannual report.
(b) Quarterly Meetings.--The Commission shall meet quarterly. In
addition to all quarterly meetings, the Commission shall meet at other
times at the call of the Chair or as determined by a majority of
Commission members.
(c) Quorum; Rule for Voting on Final Actions.--A majority of the
members of the Commission constitute a quorum, and an affirmative vote
of a majority of the members present is required for final action.
(d) Expectations for Attendance by Members.--Members are expected
to attend all Commission meetings. In the case of an absence, members
are expected to report to the Chair prior to the meeting and allowance
may be made for an absent member to participate remotely. Members will
still be responsible for fulfilling prior commitments, regardless of
attendance status. If a member is absent twice in a given year, he or
she will be reviewed by the Chair and appointing authority and further
action will be considered, including removal and replacement on the
Commission.
(e) Minutes.--Minutes shall be taken at each meeting by the
Secretary, or in that individual's absence, the Chair shall select
another Commission member to take minutes during that absence. The
Commission shall make its minutes publicly available and accessible not
later than one week after each meeting.
SEC. 8. ANNUAL REPORT GUIDELINES.
The Commission shall make an annual report, beginning the year of
the first Commission meeting. The report shall address the current
conditions affecting Black men and boys and make recommendations to
address these issues. The report shall be submitted to the President,
the Congress, members of the President's Cabinet, and the chairs of the
appropriate committees of jurisdiction. The Commission shall make the
report publicly available online on a centralized Federal website.
SEC. 9. COMMISSION COMPENSATION.
Members of the Commission shall serve on the Commission without
compensation. | Commission on the Social Status of Black Men and Boys Act This bill establishes within the U.S. Commission on Civil Rights Office of the Staff Director the Commission on the Social Status of Black Men and Boys to make a systemic study of the conditions affecting Black men and boys in America. | {"src": "billsum_train", "title": "Commission on the Social Status of Black Men and Boys Act"} | 2,432 | 62 | 0.492468 | 1.327359 | 0.768328 | 3.944444 | 42.685185 | 0.907407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``527 Reform Act of 2005''.
SEC. 2. TREATMENT OF SECTION 527 ORGANIZATIONS.
(a) Definition of Political Committee.--Section 301(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) is amended by
striking the period at the end of subparagraph (C) and inserting ``;
or'' and by adding at the end the following:
``(D) any applicable 527 organization.''.
(b) Definition of Applicable 527 Organization.--Section 301 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by
adding at the end the following new paragraph:
``(27) Applicable 527 organization.--For purposes of
paragraph (4)(D)--
``(A) In general.--The term `applicable 527
organization' means a committee, club, association, or
group of persons that--
``(i) is an organization described in
section 527 of the Internal Revenue Code of
1986, and
``(ii) is not described in subparagraph
(B).
``(B) Excepted organizations.--Subject to
subparagraph (D), a committee, club, association, or
other group of persons described in this subparagraph
is--
``(i) an organization described in section
527(i)(5) of the Internal Revenue Code of 1986,
``(ii) an organization which is a
committee, club, association or other group of
persons that is organized, operated, and makes
disbursements exclusively for paying expenses
described in the last sentence of section
527(e)(2) of the Internal Revenue Code of 1986
or expenses of a newsletter fund described in
section 527(g) of such Code, or
``(iii) an organization which is a
committee, club, association, or other group of
persons whose election or nomination activities
relate exclusively to--
``(I) elections where no candidate
for Federal office appears on the
ballot, or
``(II) one or more of the purposes
described in subparagraph (C).
``(C) Allowable purposes.--The purposes described
in this subparagraph are the following:
``(i) Influencing the selection,
nomination, election, or appointment of one or
more candidates to non-Federal offices.
``(ii) Influencing one or more State or
local ballot initiatives, State or local
referenda, State or local constitutional
amendments, State or local bond issues, or
other State or local ballot issues.
``(iii) Influencing the selection,
appointment, nomination, or confirmation of one
or more individuals to non-elected offices.
``(D) Section 527 organizations making certain
disbursements.--A committee, club, association, or
other group of persons described in subparagraph
(B)(ii) or (B)(iii) shall not be considered to be
described in such paragraph for purposes of
subparagraph (A)(ii) if it makes disbursements
aggregating more than $1000 during any calendar year
for any of the following:
``(i) A public communication that promotes,
supports, attacks, or opposes a clearly
identified candidate for Federal office during
the 1-year period ending on the date of the
general election for the office sought by the
clearly identified candidate occurs.
``(ii) Any voter drive activity (as defined
in section 325(d)(1)).''.
SEC. 3. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL AND NON-
FEDERAL ACTIVITIES.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following:
``SEC. 325. ALLOCATION AND FUNDING RULES FOR CERTAIN EXPENSES RELATING
TO FEDERAL AND NON-FEDERAL ACTIVITIES.
``(a) In General.--In the case of any disbursements by any
political committee that is a separate segregated fund or nonconnected
committee for which allocation rules are provided under subsection
(b)--
``(1) the disbursements shall be allocated between Federal
and non-Federal accounts in accordance with this section and
regulations prescribed by the Commission, and
``(2) in the case of disbursements allocated to non-Federal
accounts, may be paid only from a qualified non-Federal
account.
``(b) Costs To Be Allocated and Allocation Rules.--Disbursements by
any separate segregated fund or nonconnected committee for any of the
following categories of activity shall be allocated as follows:
``(1) 100 percent of the expenses for public communications
or voter drive activities that refer to one or more clearly
identified Federal candidates, but do not refer to any clearly
identified non-Federal candidates, shall be paid with funds
from a Federal account, without regard to whether the
communication refers to a political party.
``(2) At least 50 percent of the expenses for public
communications and voter drive activities that refer to one or
more clearly identified candidates for Federal office and one
or more clearly defined non-Federal candidates shall be paid
with funds from a Federal account, without regard to whether
the communication refers to a political party.
``(3) At least 50 percent of the expenses for public
communications or voter drive activities that refer to a
political party, but do not refer to any clearly identified
Federal or non-Federal candidate, shall be paid with funds from
a Federal account, except that this paragraph shall not apply
to communications or activities that relate exclusively to
elections where no candidate for Federal office appears on the
ballot.
``(4) At least 50 percent of the expenses for public
communications or voter drive activities that refer to a
political party, and refer to one or more clearly identified
non-Federal candidates, but do not refer to any clearly
identified Federal candidates, shall be paid with funds from a
Federal account, except that this paragraph shall not apply to
communications or activities that relate exclusively to
elections where no candidate for Federal office appears on the
ballot.
``(5) At least 50 percent of any administrative expenses,
including rent, utilities, office supplies, and salaries not
attributable to a clearly identified candidate, shall be paid
with funds from a Federal account, except that for a separate
segregated fund such expenses may be paid instead by its
connected organization.
``(6) At least 50 percent of the direct costs of a
fundraising program or event, including disbursements for
solicitation of funds and for planning and administration of
actual fundraising events, where Federal and non-Federal funds
are collected through such program or event shall be paid with
funds from a Federal account, except that for a separate
segregated fund such costs may be paid instead by its connected
organization.
``(c) Qualified Non-Federal Account.--For purposes of this
section--
``(1) In general.--The term `qualified non-Federal account'
means an account which consists solely of amounts--
``(A) that, subject to the limitations of
paragraphs (2) and (3), are raised by the separate
segregated fund or nonconnected committee only from
individuals, and
``(B) with respect to which all other requirements
of Federal, State, or local law are met.
``(2) Limitation on individual donations.--
``(A) In general.--A separate segregated fund or
nonconnected committee may not accept more than $25,000
in funds for its qualified non-Federal account from any
one individual in any calendar year.
``(B) Affiliation.--For purposes of this paragraph,
all qualified non-Federal accounts of separate
segregated funds or nonconnected committees which are
directly or indirectly established, financed,
maintained, or controlled by the same person or persons
shall be treated as one account.
``(3) Fundraising limitation.--No donation to a qualified
non-Federal account may be solicited, received, directed,
transferred, or spent by or in the name of any person described
in subsection (a) or (e) of section 323.
``(d) Definitions.--For purposes of this section--
``(1) Voter drive activity.--The term `voter drive
activity' means any of the following activities conducted in
connection with an election in which a candidate for Federal
office appears on the ballot (regardless of whether a candidate
for State or local office also appears on the ballot):
``(A) Voter registration activity.
``(B) Voter identification.
``(C) Get-out-the-vote activity.
``(D) Generic campaign activity.
Such term shall not include any activity described in
subparagraph (A) or (B) of section 316(b)(2).
``(2) Federal account.--The term `Federal account' means an
account which consists solely of contributions subject to the
limitations, prohibitions, and reporting requirements of this
Act. Nothing in this section or in section 323(b)(2)(B)(iii)
shall be construed to infer that a limit other than the limit
under section 315(a)(1)(C) applies to contributions to the
account.
``(3) Nonconnected committee.--The term `nonconnected
committee' shall not include a political committee of a
political party.''.
(b) Reporting Requirements.--Section 304(e) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(e)) is amended by redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by
inserting after paragraph (2) the following new paragraph:
``(3) Receipts and disbursements from qualified non-federal
accounts.--In addition to any other reporting requirement
applicable under this Act, a political committee to which
section 325(a) applies shall report all receipts and
disbursements from a qualified non-Federal account (as defined
in section 325(c)).''
SEC. 4. CONSTRUCTION.
No provision of this Act, or amendment made by this Act, shall be
construed--
(1) as approving, ratifying, or endorsing a regulation
promulgated by the Federal Election Commission,
(2) as establishing, modifying, or otherwise affecting the
definition of political organization for purposes of the
Internal Revenue Code of 1986, or
(3) as affecting the determination of whether a group
organized under section 501(c) of the Internal Revenue Code of
1986 is a political committee under section 301(4) of the
Federal Election Campaign Act of 1971.
SEC. 5. JUDICIAL REVIEW.
(a) Special Rules for Actions Brought on Constitutional Grounds.--
If any action is brought for declaratory or injunctive relief to
challenge the constitutionality of any provision of this Act or any
amendment made by this Act, the following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-
judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(3) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the
greatest possible extent the disposition of the action and
appeal.
(b) Intervention by Members of Congress.--In any action in which
the constitutionality of any provision of this Act or any amendment
made by this Act is raised (including but not limited to an action
described in subsection (a)), any Member of the House of
Representatives (including a Delegate or Resident Commissioner to
Congress) or Senate shall have the right to intervene either in support
of or opposition to the position of a party to the case regarding the
constitutionality of the provision or amendment. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require intervenors taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
(c) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge the
constitutionality of any provision of this Act or any amendment made by
this Act.
(d) Applicability.--
(1) Initial claims.--With respect to any action initially
filed on or before December 31, 2006, the provisions of
subsection (a) shall apply with respect to each action
described in such subsection.
(2) Subsequent actions.--With respect to any action
initially filed after December 31, 2006, the provisions of
subsection (a) shall not apply to any action described in such
subsection unless the person filing such action elects such
provisions to apply to the action.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date which
is 60 days after the date of the enactment of this Act. | 527 Reform Act of 2006 - Amends the Federal Election Campaign Act of 1971 to subject to its requirements as a political committee any applicable 527 organization.
Excludes from the meaning of 527 organization for these purposes any committee, club, association, or other group of persons organized to influence: (1) the selection, nomination, election, appointment, or confirmation of one or more candidates to non-federal or non-elected office; or (2) any state or local ballot measure.
Denies exception from treatment as an applicable 527 organization to any such a committee, club, association, or other groups of persons which makes disbursements aggregating more than $1,000 for: (1) a public communication that promotes, supports, attacks, or opposes a clearly identified candidate for federal office during the one year period ending on the date of the general election for the office sought by the clearly identified candidate; or (2) certain voter drive activity.
Sets forth rules for allocation and funding by a political committee for certain expenses relating to federal and non-federal activities. | {"src": "billsum_train", "title": "A bill to amend the Federal Election Campaign Act of 1971 to clarify when organizations described in section 527 of the Internal Revenue Code of 1986 must register as political committees, and for other purposes."} | 3,067 | 224 | 0.678113 | 1.902087 | 0.873489 | 4.115385 | 13.221154 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Federal Oil and Gas
Lease Act''.
SEC. 2. ISSUANCE OF NEW LEASES.
(a) In General.--The Secretary of the Interior shall not issue any
new lease that authorizes the exploration for or production of oil or
natural gas, under section 17 of the Mineral Leasing Act (33 U.S.C.
226), the Mineral Leasing Act for Acquired Lands Act (30 U.S.C. 351 et
seq.), or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), to a person unless the person--
(1) certifies for each existing lease under such Acts for
the production of oil or gas with respect to which the person
is a lessee, that the person has diligently developed the
Federal lands that are subject to the lease in order to produce
oil or natural gas or is producing oil or natural gas from such
lands; or
(2) has relinquished all Federal oil and gas leases under
which oil and gas is not being diligently developed.
(b) Diligent Development.--The Secretary shall issue regulations
within 180 days after the date of enactment of this Act that define
``diligently developed'' for purposes of subsection (a). Such
regulations shall--
(1) include benchmarks for oil and gas development that
will ensure that leaseholders produce oil and gas from each
lease within the 5-year original term of the lease; and
(2) require each leaseholder to submit to the Secretary a
diligent development plan showing how the lessee will meet the
benchmarks.
(c) Failure To Comply With Requirements.--Any person who fails to
comply with the requirements of this section or any regulation or order
issued to implement this section shall be liable for a civil penalty
under section 109 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1719).
(d) Lessee Defined.--In this section the term ``lessee'' includes
any person or other entity that controls, is controlled by, or is in or
under common control with, a lessee.
SEC. 3. LEASE TERMS.
(a) Leases for Offshore Lands.--Section 8(b)(2) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(b)(2)) is amended to read
as follows:
``(2)(A) be for an initial period of 5 years, and may be
renewed for additional 1-year periods, subject to subparagraphs
(B) and (C);
``(B) not be renewed for an additional period, unless the
Secretary determines that as of the date of the expiration of
the preceding period--
``(i) production of oil or gas is occurring under
the lease; or
``(ii) the lessee is making good-faith progress
towards such production and additional time is required
to initiate such production; and
``(C) be subject to a rental for each such additional
period that is not less than double the rental rate that
applied for the last year of the initial period;''.
(b) Leases for Onshore Lands.--
(1) Leases under mineral leasing act.--Section 17(e) of the
Mineral Leasing Act (33 U.S.C. 226(e)) is amended to read as
follows:
``(e) Leases issued under this section shall--
``(1) be for an initial period of 5 years, and may be
renewed for additional 1-year periods, subject to paragraphs
(2) and (3);
``(2) not be renewed for an additional period, unless the
Secretary determines that as of the date of the expiration of
the preceding period--
``(A) production of oil or gas is occurring under
the lease; or
``(B) the lessee is making good-faith progress
towards such production and additional time is required
to initiate such production; and
``(3) be subject to a rental for each such additional
period that is not less than double the rental rate that
applied for the last year of the initial period.''.
(2) Leases under mineral leasing act for acquired lands.--
The Mineral Leasing Act for Acquired Lands Act (30 U.S.C. 351
et seq.) is amended by adding at the end the following:
``SEC. 12. LEASE TERMS.
``Leases issued under this section shall--
``(1) be for an initial period of 5 years, and may be
renewed for additional 1-year periods, subject to paragraphs
(2) and (3);
``(2) not be renewed for an additional period, unless the
Secretary determines that as of the date of the expiration of
the preceding period--
``(A) production of oil or gas is occurring under
the lease; or
``(B) the lessee is making good-faith progress
towards such production and additional time is required
to initiate such production; and
``(3) be subject to a rental for each such additional
period that is not less than double the rental rate that
applied for the last year of the initial period.''. | Responsible Federal Oil and Gas Lease Act - Prohibits the Secretary of the Interior from authorizing any new lease for exploration or production of oil or natural gas unless the lessee: (1) certifies for each existing lease that the lessee has diligently developed the lands in order to produce oil or natural gas, or is producing oil or natural gas from such lands; or (2) has relinquished all federal oil and gas leases that are not being diligently developed.
Instructs the Secretary to promulgate diligent development regulations that: (1) include benchmarks for oil and gas development to ensure that leaseholders produce oil and gas from each lease within the five-year original term of the lease; and (2) require each leaseholder to submit a diligent development plan showing how the lessee will meet the benchmarks.
Establishes a civil penalty for noncompliance with this Act.
Amends the Outer Continental Shelf Lands Act, the Mineral Leasing Act, and the Mineral Leasing Act for Acquired Lands Act to set forth lease terms for an initial period of five years, renewable for additional one-year periods, subject to specified conditions. | {"src": "billsum_train", "title": "To prohibit the Secretary of the Interior from issuing new Federal oil and gas leases to holders of existing leases who do not diligently develop the lands subject to such existing leases or relinquish such leases, and for other purposes."} | 1,155 | 245 | 0.685434 | 2.172839 | 0.900124 | 5.183962 | 4.971698 | 0.929245 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Used Car Consumer Notification
and Reporting Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Many States do not have specific requirements regarding
the disclosure of a motor vehicle's history and even fewer
States require that the motor vehicle's title be stamped or
branded to indicate that it is a salvage vehicle or a
manufacturer buyback vehicle.
(2) The State disclosure requirements that do exist
regarding a motor vehicle's history are inconsistent with one
another in scope and language, require the use of various and
different forms and administrative procedures, and are
duplicative, burdensome on interstate commerce, and confusing
to consumers.
(3) The fact that a motor vehicle is a salvage vehicle or a
manufacturer buyback vehicle is material to any subsequent sale
of the vehicle.
(4) Many salvage vehicles and manufacturer buyback vehicles
are subsequently resold at auction or by used motor vehicle
dealers and thus recycled back into the marketplace, back onto
the streets, and back into repair shops.
(5) Rebuilt motor vehicles may not have passed a rigorous
safety inspection and may pose a safety risk, according to the
National Highway Traffic Safety Administration, and consumers
who unknowingly buy these motor vehicles face an increased risk
of death or serious injury in motor vehicle accidents.
SEC. 3. MOTOR VEHICLE DAMAGE DISCLOSURE REQUIREMENTS.
The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901
et seq.) is amended by inserting at the end the following new title:
``TITLE VII--MOTOR VEHICLE DAMAGE DISCLOSURE REQUIREMENTS
``SEC. 701. DEFINITIONS.
``For the purposes of this title, the following definitions shall
apply:
``(1) Certificate of title.--The term `certificate of
title' means a document issued by a State evidencing ownership
of a motor vehicle.
``(2) Motor vehicle.--The term `motor vehicle' has the same
meaning as the term `passenger motor vehicle' in section 2 of
the Motor Vehicle Information and Cost Savings Act.
``(3) Manufacturer buyback vehicle.--The term `manufacturer
buyback vehicle' means a motor vehicle that has been
repurchased, replaced, or reacquired by a motor vehicle
manufacturer, distributor, or dealer due to a nonconformity in
the motor vehicle pursuant to a State lemon law by--
``(A) an order or judgment by a court of law; or an
agreement between the parties to settle before trial;
or
``(B) a decision by a formal, informal, or
mandatory arbitration procedure;
``(4) Salvage vehicle.--The term `salvage vehicle' means a
motor vehicle that has been issued a title in any State bearing
any word or symbol signifying that the motor vehicle is a
`salvage', `junk', `reconstructed', or `rebuilt' motor vehicle,
or that the motor vehicle has been severely damaged by flood.
``(5) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(6) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``SEC. 702. DISCLOSURE REQUIREMENTS.
``(a) Regulations.--The Secretary shall promulgate regulations,
which shall become effective not later than 180 days after the date of
the enactment of this title, that establish uniform Federal
requirements, as provided in subsection (b), regarding the disclosure
to consumers that a motor vehicle is a salvage vehicle or a
manufacturer buyback vehicle.
``(b) Specific Requirements.--In carrying out the provisions of
subsection (a), the Secretary shall--
``(1) prescribe the form and content of a national uniform
certificate of title that discloses that a motor vehicle sold
on or after the effective date of such regulations is a salvage
vehicle or a manufacturer buyback vehicle;
``(2) prescribe the form and content of a national uniform
sticker, to be affixed, prior to the sale of the motor vehicle,
to the windshield of a salvage vehicle or a manufacturer
buyback vehicle sold on or after the effective date of such
regulations, which discloses that the motor vehicle is a
salvage vehicle or a manufacturer buyback vehicle;
``(3) prescribe the form and content of a national uniform
consumer disclosure statement that--
``(A) includes the motor vehicle make, model, year,
vehicle identification number, and any prior title
numbers and prior States of title; and
``(B) discloses that a motor vehicle sold on or
after the effective date of the regulations promulgated
pursuant to this section is (according to records
available to the State issuing the certificate of
title, including records from any State in which a
certificate of title has previously been issued for
such motor vehicle) a salvage vehicle or a manufacturer
buyback vehicle and the reason for such designation;
``(4) provide that a motor vehicle, the ownership of which
is transferred on or after the effective date of the
regulation, may not be licensed for use in any State unless the
State discloses in writing on the certificate of title whether
records readily accessible to the State indicate whether the
vehicle is a salvage vehicle or a manufacturer buyback vehicle;
and
``(5) provide for a civil penalty, not to exceed $10,000,
which shall be assessed by the Secretary for each violation of
a regulation promulgated by the Secretary pursuant to this
section.
``SEC. 703. UNFAIR TRADE PRACTICE.
``A violation of any regulation promulgated by the Secretary
pursuant to section 4 shall be deemed an unfair or deceptive act or
practice for purposes of section 5(a)(1) of the Federal Trade
Commission Act.
``SEC. 704. EFFECT ON STATE LAW.
``Effective on the date the regulations promulgated pursuant to
section 4 become effective, the provisions of this title shall
supersede any provision of the law of any State relating to the
disclosure of whether a motor vehicle is a salvage vehicle or
manufacturer buyback vehicle to the extent that the provision of State
law is inconsistent with the provisions of this title or a regulation
promulgated pursuant to this title.''. | Used Car Consumer Notification and Reporting Act - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to promulgate regulations that establish uniform Federal requirements regarding the disclosure to consumers that a motor vehicle is a salvage or manufacturer buyback vehicle.
Deems a violation of a regulation promulgated by the Secretary to be an unfair or deceptive practice for purposes of the Federal Trade Commission Act.
Provides that this Act shall supersede any State law relating to disclosure of whether a vehicle is a salvage or manufacturer buyback vehicle to the extent that such law is inconsistent with this Act. | {"src": "billsum_train", "title": "Used Car Consumer Notification and Reporting Act"} | 1,430 | 138 | 0.549568 | 1.536229 | 0.627034 | 3.910714 | 11.553571 | 0.946429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lesser Prairie Chicken National
Habitat Preservation Area Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) State land.--The term ``State land'' means the
approximately 13,236 acres of State land, as depicted on the
map.
(2) Map.--The term ``map'' means the map titled ``Lesser
Prairie Chicken National Habitat Preservation Area and Land
Exchange'' and dated April 30, 2008.
(3) Federal land.--The term ``Federal land'' means the land
administered by the Secretary consisting of approximately 7,718
acres as depicted on the map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) County.--The term ``County'' means the County of
Chaves.
(7) Preservation area.--The term ``Preservation Area''
means the Lesser Prairie Chicken National Habitat Preservation
Area.
SEC. 3. LAND EXCHANGE.
(a) In General.--The Secretary may convey to the State all right,
title, and interest of the United States in and to the Federal land.
(b) Consideration.--As consideration for the conveyance of the
Federal land under subsection (a), the State shall convey to the United
States all right, title, and interest of the State in and to the State
land.
(c) Interests Included in Exchange.--Subject to valid existing
rights, the land exchange under this Act shall include the conveyance
of all surface, subsurface, mineral, and water rights to the Federal
land and State land.
(d) Compliance With Federal Land Policy and Management Act.--The
Secretary shall carry out the land exchange under this Act in
accordance with section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716) and other applicable laws.
(e) No Amendment to Management Plan Required.--The exchange of
Federal land and State land shall not require an amendment to the
Mimbres Resource Management Plan.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions for the land exchange as the
Secretary considers to be appropriate to protect the interests of the
United States.
SEC. 4. LESSER PRAIRIE CHICKEN NATIONAL HABITAT PRESERVATION AREA.
(a) Establishment; Purposes.--There is established in the County
the Lesser Prairie Chicken National Habitat Preservation Area to
protect, conserve, and enhance habitat for the Lesser Prairie Chicken.
(b) Boundaries.--The Preservation Area shall consist of
approximately 28,168 acres of public land and 9,402 acres of land
acquired under section 3 of this Act, as generally depicted on the map.
(c) Maps and Legal Description.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall submit to
Congress a map and legal description of the Preservation Area.
(2) Force and effect.--The map and legal description
submitted under paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary
may correct clerical and typographical errors in the map and
legal description.
(3) Public availability.--Copies of the map and legal
description submitted under paragraph (1) shall be on file and
available for public inspection in--
(A) the Office of the Director of the Bureau of
Land Management;
(B) the Office of the State Director;
(C) the Office of the Pecos District Manager of the
Bureau of Land Management; and
(D) the Office of the County Clerk in Roswell, New
Mexico.
SEC. 5. MANAGEMENT OF THE PRESERVATION AREA.
(a) In General.--The Secretary shall manage the Preservation Area--
(1) in a manner that protects, conserves, and enhances the
habitat for the Lesser Prairie Chicken; and
(2) in accordance with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) any other applicable laws.
(b) Uses.--
(1) In general.--The Secretary shall allow only uses of the
Preservation Area that the Secretary determines will further
the purposes for which the Preservation Area is established.
(2) Use of motorized vehicles.--Except as needed for
administrative purposes or to respond to an emergency, the use
of motorized vehicles or mechanized transport in the
Preservation Area shall be allowed only on roads and trails
designated for vehicular use under the management plan so long
as such use is in conformance with the purposes of this Act.
(c) Withdrawals.--Subject to valid existing rights, all land
managed by the Bureau of Land Management within the Preservation Area
and any land and interests in land acquired for the Preservation Area
by the United States after the date of the enactment of this Act are
withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposal under the mineral leasing, mineral materials,
and geothermal leasing laws.
(d) Hunting and Trapping.--
(1) In general.--Subject to paragraph (2), hunting and
trapping shall be allowed in the Preservation Area to the
extent consistent with the protection and conservation of the
Lesser Prairie Chicken.
(2) Limitations.--
(A) Regulations.--The Secretary may designate by
regulation areas in which, and establish periods during
which, for reasons of public safety, administration, or
compliance with applicable laws, no hunting or trapping
will be permitted in the Preservation Area.
(B) Consultation.--Except in emergencies, the
Secretary shall consult with the appropriate State
agency before promulgating regulations under
subparagraph (A) that close a portion of the
Preservation Area to hunting and trapping.
(e) Grazing.--The Secretary may allow grazing solely for the
purpose of vegetative management to enhance Lesser Prairie Chicken
habitat.
(f) Activities Outside Preservation Area.--The fact that an
activity or use of land is not permitted on land within the
Preservation Area shall not preclude the activity or use outside the
boundary of the Preservation Area or on private land within the
Preservation Area, consistent with other applicable law.
(g) Acquisition of Land.--
(1) In general.--The Secretary may acquire land in the
Preservation Area only--
(A) from a willing seller; and
(B) through purchase, exchange, or donation.
(2) Management.--Land acquired under paragraph (1) shall be
managed as part of the Preservation Area in accordance with
this Act.
(h) Interpretative Sites.--The Secretary may establish sites in the
Preservation Area to permit the interpretation of the historical,
cultural, scientific, archaeological, natural, and education resources
of the Preservation Area.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop a comprehensive plan
for the long-range protection and management of the Preservation Area.
(b) Contents.--The management plan shall--
(1) describe the appropriate uses and management of the
Preservation Area in accordance with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) other applicable laws;
(2) incorporate, as appropriate, decisions in any other
management or activity plan for the land within or adjacent to
the Preservation Area; and
(3) take into consideration--
(A) any information developed in studies of the
land within or adjacent to the Preservation Area; and
(B) the historical involvement of the local
community in the interpretation and protection of the
resources of the Preservation Area.
Amend the title so as to read: ``A bill to provide for a
land exchange involving State land and Bureau of Land
Management land in Chaves and Dona Ana Counties, New Mexico,
and to establish the Lesser Prairie Chicken National Habitat
Preservation Area, and for other purposes.''. | Lesser Prairie Chicken National Habitat Preservation Area Act of 2008 - Authorizes the exchange of certain federal and state lands in New Mexico concerning the establishment under this Act of the Lesser Prairie Chicken Habitat Preservation Area in the County of Chaves, New Mexico.
Requires that such land exchange include the conveyance of all surface, subsurface, mineral, and water rights to the federal and state land.
Provides that the exchange of the federal and state land shall not require an amendment to the Mimbres Resource Management Plan.
Establishes the Preservation Area for the protection, conservation, and enhancement of habitat for the lesser prairie chicken.
Authorizes the Secretary of the Interior to only allow uses of the Preservation Area that will further the purposes for which it is established.
Permits the use of motorized vehicles or mechanized transport in the Preservation Area, only on roads and trails designated for vehicular use under the management plan, except as needed for administrative purposes or to respond to an emergency.
Withdraws all Bureau of Land Management (BLM) managed land within the Preservation Area and any land and interests in land acquired by the United States for the Preservation Area from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposal under the mineral leasing, mineral materials, and geothermal leasing laws.
Allows hunting and trapping in the Preservation Area to the extent consistent with the protection and conservation of the lesser prairie chicken. Authorizes the Secretary to designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting or trapping will be permitted. Instructs the Secretary, except in emergencies, to consult with the appropriate state agency before promulgating regulations that close a portion of the Preservation Area to hunting and trapping.
Authorizes the Secretary to allow grazing only for the purpose of vegetative management to enhance lesser prairie chicken habitat.
Declares that the fact that an activity or use of land is not permitted on land within the Preservation Area shall not preclude the activity or use outside the boundary of the Preservation Area or on private land within it, consistent with other applicable law.
Authorizes the Secretary to acquire land in the Preservation Area only from a willing seller or through purchase, exchange, or donation.
Authorizes the Secretary to establish sites in the Preservation Area to permit the interpretation of the Preservation Area's historical, cultural, scientific, archeological, natural, and educational resources.
Requires the Secretary to develop a plan for the long-range protection and management of the Preservation Area. | {"src": "billsum_train", "title": "To provide for a land exchange involving State land and Bureau of Land Management land in Chavez and Dona Ana Counties, New Mexico, and to establish the Lesser Prairie Chicken National Habitat Preservation Area, and for other purposes."} | 1,831 | 566 | 0.642456 | 2.033179 | 0.768581 | 6.011719 | 3.240234 | 0.949219 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-K for USA Act''.
SEC. 2. LOCAL PREKINDERGARTEN DEVELOPMENT GRANTS.
Title IX of the Every Student Succeeds Act (Public Law 114-95; 129
Stat. 2124) is amended--
(1) in section 9212, in the section heading by striking
``preschool'' and inserting ``state preschool''; and
(2) by inserting after section 9212 the following:
``SEC. 9212A. LOCAL PREKINDERGARTEN DEVELOPMENT GRANTS.
``(a) Prekindergarten Development Grants.--
``(1) In general.--The Secretary of Health and Human
Services, jointly with the Secretary of Education (referred to
in this section jointly as the `Secretaries'), shall award
competitive grants to eligible local entities to assist such
entities in establishing high-quality prekindergarten programs.
``(2) Grant duration.--The Secretaries shall award grants
under this section for a period of not more than 3 years. Such
grants shall not be renewed.
``(3) Application.--To be considered for a grant under this
section, an eligible local entity shall submit an application
to the Secretaries at such time, in such manner, and
accompanied by such information as the Secretaries may
reasonably require.
``(4) Matching requirement.--
``(A) In general.--To be eligible to receive a
grant under this section an eligible local entity shall
contribute, for the activities for which the grant was
awarded, non-Federal matching funds in an amount equal
to not less than 20 percent of the amount of the grant.
``(B) Non-federal funds.--To satisfy the
requirement of subparagraph (A) an eligible local
entity may use--
``(i) non-Federal resources in the form of
State funding, local funding, or contributions
from philanthropy or other private sources, or
a combination of such resources; or
``(ii) in-kind contributions.
``(C) Financial hardship waiver.--The Secretaries
may waive the requirement of subparagraph (A) or reduce
the amount of matching funds required under such
subparagraph for an eligible local entity that has
submitted an application for a grant under this section
if the entity demonstrates, in the application, a need
for such a waiver or reduction due to extreme financial
hardship, as determined by the Secretaries.
``(5) Double-dipping prevention.--The Secretaries may not
award a grant under this section to an eligible local entity
for a fiscal year if the State in which the entity is located
has applied for, or has been awarded, a grant under section
9212 for such fiscal year.
``(b) Definitions.--In this section:
``(1) Early childhood education program.--The term `early
childhood education program' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
``(2) Eligible local entity.--The term `eligible local
entity' means--
``(A) a local educational agency, including a
charter school or a charter management organization
that acts as a local educational agency, or an
educational service agency in partnership with a local
educational agency;
``(B) an entity (including a Head Start program or
licensed child care setting) that carries out,
administers, or supports an early childhood education
program; or
``(C) a consortium of entities described in
subparagraph (A) or (B).
``(3) Full-day.--The term `full-day' means a day that is--
``(A) equivalent to a full school day at the public
elementary schools in the State; and
``(B) not less than 5 hours.
``(4) High-quality prekindergarten program.--The term
`high-quality prekindergarten program' means a prekindergarten
program supported by an eligible local entity that includes, at
a minimum, the following elements based on nationally
recognized standards:
``(A) Serves children who--
``(i) are age 4 or children who are age 3
or 4, by the eligibility determination date
(including children who turn age 5 while
attending the program); or
``(ii) have attained the legal age for
State-funded prekindergarten.
``(B) Requires high staff qualifications, including
that teachers meet the requirements of one of the
following clauses:
``(i) The teacher has a bachelor's degree
in early childhood education or a related field
with coursework that demonstrates competence in
early childhood education.
``(ii) The teacher--
``(I) has a bachelor's degree in
any field;
``(II) has demonstrated knowledge
of early childhood education through
passage of a State-approved assessment
in early childhood education;
``(III) engages in ongoing
professional development in early
childhood education for not less than 2
years; and
``(IV) is enrolled in a State-
approved educator preparation program
in which the teacher receives ongoing
training and support in early childhood
education and is making progress toward
the completion of the program in not
more than 3 years.
``(iii) The teacher has a bachelor's degree
in any field with a credential, license, or
endorsement that demonstrates competence in
early childhood education.
``(C) Maintains a maximum class size of 20
children.
``(D) Maintains a child to instructional staff
ratio that does not exceed 10 to 1.
``(E) Offers a full-day program.
``(F) Provides developmentally appropriate learning
environments and evidence-based curricula that are
aligned with the State's early learning and development
standards.
``(G) Offers instructional staff salaries
comparable to kindergarten through grade 12 teaching
staff.
``(H) Provides for ongoing monitoring and program
evaluation to ensure continuous improvement.
``(I) Offers accessible comprehensive services for
children that--
``(i) include, at a minimum--
``(I) screenings for vision,
dental, health (including mental
health), and development and referrals,
and assistance obtaining services, when
appropriate;
``(II) family engagement
opportunities (taking into account home
language), such as parent conferences
(including parent input about their
child's development) and support
services, such as parent education and
family literacy services;
``(III) nutrition services,
including nutritious meals and snack
options aligned with requirements set
by the most recent Child and Adult Care
Food Program guidelines promulgated by
the Department of Agriculture as well
as regular, age-appropriate, nutrition
education for children and their
families;
``(IV) programs coordinated with
local educational agencies and entities
providing programs authorized under
section 619 and part C of the
Individuals with Disabilities Education
Act (20 U.S.C. 1419 and 1431 et seq.);
``(V) physical activity programs
aligned with evidence-based guidelines,
such as those recommended by the
Institute of Medicine, and that take
into account and accommodate children
with disabilities; and
``(VI) additional support services,
as appropriate, based on the findings
of a needs analysis; and
``(ii) are provided on-site, to the maximum
extent feasible.
``(J) Provides high-quality professional
development for staff, including regular in-class
observation for teachers and teacher assistants by
individuals trained in observation and which may
include evidence-based coaching.
``(K) Meets the education performance standards in
effect under section 641A(a)(1)(B) of the Head Start
Act (42 U.S.C. 9836a(a)(1)(B)).
``(L) Maintains evidence-based health and safety
standards.
``(5) ESEA terms.--The terms `local educational agency' and
`State' have the meanings given the terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $250,000,000 for fiscal year 2018; and
``(2) such sums as may be necessary for each of fiscal
years 2019 through 2027.''.
SEC. 3. CLERICAL AMENDMENT.
The table of contents in section 2 of the Every Student Succeeds
Act (Public Law 114-95; 129 Stat. 1802) is amended by striking the item
relating to section 9212 and inserting the following:
``Sec. 9212. State preschool development grants.
``Sec. 9212A. Local prekindergarten development grants.''. | Pre-K for USA Act This bill requires the Departments of Health and Human Services and Education to jointly award high-quality prekindergarten (pre-K) program development grants on a competitive basis to local educational agencies. Grants are nonrenewable and must be awarded for a period of no more than three years. Unless granted a financial hardship waiver, a grant recipient must contribute matching funds equal to at least 20% of the grant amount. | {"src": "billsum_train", "title": "Pre-K for USA Act"} | 1,951 | 101 | 0.578155 | 1.538496 | 1.309106 | 1.951807 | 21.891566 | 0.819277 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pentagon 9/11 Memorial Commemorative
Coin Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Construction of the Pentagon was completed in the midst
of World War II on January 15, 1943.
(2) September 11, 2001, marks a tragic day in the history
of the United States and the Pentagon Building located in
Arlington, Virginia.
(3) 184 individuals ages 3 to 71 lost their lives through
the horrific event that unfolded at the Pentagon on September
11, 2001.
(4) An appropriate memorial reminding us of the brave men,
women, and children who perished has been designed and is to be
built on 1.93 acres located on the western side of the Pentagon
Building.
(5) The target completion date for the construction of the
Pentagon Memorial park is late fall 2006.
(6) Almost $30,000,000 will need to be raised from the
private sector in order to begin construction of the memorial
and to maintain it upon completion.
(7) The surcharge proceeds from the sale of a commemorative
coin, which would have no net cost to the taxpayers, would
raise valuable funding for the construction and maintenance of
the Pentagon Memorial in remembrance of those who lost their
lives at the Pentagon on September 11, 2001.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $50 gold coins.--$50 coins, in the number determined
under subsection (b), which shall--
(A) weigh 1 ounce;
(B) have a diameter of 1.287 inches; and
(C) contain 91.67 percent gold and 8.33 percent
alloy.
(2) $1 silver coins.--Such number of $1 coins as the
Secretary determines appropriate to meet demand, which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Such number of half dollar
coins as the Secretary determines appropriate to meet demand,
which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Number of Gold Coins.--
(1) In general.--The number of gold coins minted and issued
under this Act shall equal the sum of 10,000 and the number
determined under paragraph (2).
(2) Determination of number.--The Secretary, in
consultation with the Attorney General of the United States,
the Secretary of Defense, and the Governor of Virginia shall
determine the number of innocent individuals confirmed or
presumed to have been killed as a result of the terrorist
attack against the Pentagon that occurred on September 11,
2001, and shall identify such individuals.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) 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.
(e) Sources of Bullion.--For the purpose of minting coins under
this Act, the Secretary may only use metals that are from natural
deposits in the United States or any territory or possession of the
United States.
(f) Special Treatment Under Exigent Circumstances.--
(1) Findings.--The Congress finds as follows:
(A) The limitations contained in paragraphs (1) and
(2)(A) of section 5112(m) of title 31, United States
Code, and section 5134(f)(1)(B) of such title have well
served, and continue to serve, their purpose of
bringing greater stability to the markets for
commemorative coins, maximizing demand and
participation in such programs, and ensuring that such
programs have a broad base of private support and are
not used as the primary means of fundraising by
organizations that are the recipients of surcharges.
(B) The shocking circumstances of September 11,
2001, the broad base of public interest in remembering
those innocent individuals who lost their lives at the
Pentagon on September 11, 2001, and participating in the raising of
funds for the Pentagon Memorial Fund, and the importance of
implementing this coin program as quickly as possible, notwithstanding
the limitations contained in such paragraphs, justify exempting the
coins produced under this Act from such limitations.
(2) Exemption.--Paragraphs (1) and (2) of section 5112(m)
of title 31, United States Code, and section 5134(f)(1)(B) of
such title shall not apply to coins authorized under this 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 spirit and bravery of the
civilians, servicemen and women that work at the Pentagon and
were aboard Flight 77 on September 11, 2001.
(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 ``2001''; 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
Secretary of Defense, the Executive Committee of the Pentagon
Memorial Fund, and the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--
(1) In general.--Except as provided under paragraph (2),
coins minted under this Act shall be issued in uncirculated
quality.
(2) Gold coins.--$50 coins minted under section 3(a)(1)
shall be issued only in proof quality.
(b) Mint Facility.--
(1) In general.--Except as provided under paragraph (2),
only 1 facility of the United States Mint may be used to strike
any particular quality of the coins minted under this Act.
(2) Clad coins.--Any number of facilities of the United
States Mint may be used to strike the half dollar coins minted
under section 3(a)(3).
(c) Period for Issuance.--The Secretary--
(1) shall commence issuing coins minted under this Act as
soon as possible after the date of the enactment of this Act;
and
(2) shall not issue any coins after the end of the 1-year
period beginning on the date such coins are first issued.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under section 3(a) (other than
the $50 gold coins referred to in subsection (d)) shall be sold by the
Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharges required by section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping), including the cost of the coins
presented under subsection (d).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under section 3(a) at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under section
3(a).
(2) Reasonable discount.--The sale prices with respect to
such prepaid orders shall be at a reasonable discount.
(d) Gold Coins.--Notwithstanding section 5(c)(2), the Secretary
shall issue a $50 coin minted under section 3(a)(1) for presentation
free of charge to the next of kin or personal representative of each
individual identified under section 3(b)(2). The Speaker of the House
of Representatives and the President Pro Tempore of the Senate shall
make appropriate arrangements for the presentation, on behalf of the
Congress, of such gold coins.
SEC. 7. SURCHARGES ON SALE OF COINS.
(a) In General.--Any sale by the Secretary of a coin minted under
this Act shall include a surcharge of--
(1) $100 per coin for the $50 gold coins;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Pentagon Memorial Fund for the purposes of construction of a
memorial at the Pentagon, Arlington, Virginia.
(c) Audit.--The Pentagon Memorial Fund shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received under subsection (a). | Pentagon 9/11 Memorial Commemorative Coin Act of 2005 - Instructs the Secretary of the Treasury to mint and issue the following coins emblematic of the spirit and bravery of the civilians, servicemen, and women that work at the Pentagon and were aboard Flight 77 on September 11, 2001: (1) $50 gold coins; 2) $1 silver coins; and (3) half dollar clad coins.
Directs the Secretary to issue a $50 coin for presentation free of charge to the next of kin or personal representative of each individual identified.
States that the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of such gold coins.
Provides for surcharges of: (1) $100 per coin for the $50 gold coins; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half dollar coin. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the tragic loss of lives at the Pentagon on September 11, 2001, and to support construction of the Pentagon 9/11 Memorial in Arlington, Virginia."} | 2,050 | 185 | 0.603168 | 1.930063 | 0.69964 | 7.946524 | 10.139037 | 0.983957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First-Time Homebuyer Credit Act of
2016''.
SEC. 2. FIRST-TIME HOMEBUYER REFUNDABLE CREDIT.
(a) In General.--Section 36 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 36. FIRST-TIME HOMEBUYER REFUNDABLE CREDIT.
``(a) Allowance of Credit.--In the case of an individual who is a
first-time homebuyer of a principal residence in the United States
during a taxable year, there shall be allowed as a credit against the
tax imposed by this subtitle for such taxable year an amount equal to
2.5 percent of the purchase price of the residence.
``(b) Limitations; Special Rules Based on Marital and Filing
Status.--
``(1) Dollar limitation.--The credit allowed under
subsection (a) shall not exceed $10,000.
``(2) Limitation based on purchase price.--The amount
allowable as a credit under subsection (a) (determined without
regard to this paragraph and paragraph (3), and after the
application of paragraph (1)) for the taxable year shall be
reduced (but not below zero) by the amount which bears the same
ratio to the amount which is so allowable as--
``(A) the excess (if any) of--
``(i) the purchase price of the residence,
over
``(ii) $600,000, bears to
``(B) $100,000.
``(3) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount allowable as a credit
under subsection (a) (determined without regard to this
paragraph and after the application of paragraphs (1)
and (2)) for the taxable year shall be reduced (but not
below zero) by the amount which bears the same ratio to
the amount which is so allowable as--
``(i) the excess (if any) of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $80,000 ($160,000 in the
case of a joint return), bears to
``(ii) $20,000.
``(B) Modified adjusted gross income.--For purposes
of subparagraph (A), the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year increased by any amount excluded
from gross income under section 911, 931, or 933.
``(4) Age limitation.--No credit shall be allowed under
subsection (a) with respect to the purchase of any residence
for a taxable year if--
``(A) the taxpayer has not attained age 18 as of
the date of such purchase, or
``(B) a deduction under section 151 with respect to
the taxpayer is allowable to another taxpayer for the
taxable year.
In the case of a taxpayer who is married, the taxpayer shall be
treated as meeting the age requirement of subparagraph (A) if
the taxpayer or the taxpayer's spouse meets such age
requirement.
``(5) Multiple purchasers.--If two or more individuals who
are not married purchase a principal residence, the amount of
the credit under subsection (a) shall be allocated among such
individuals in such manner as the Secretary may prescribe by
taking into account the requirements of paragraphs (2) and (3),
except that the total amount of the credits allowed to all such
individuals shall not exceed $10,000.
``(6) Married couples must file joint return.--If an
individual is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
individual and the individual's spouse file a joint return for
the taxable year.
``(c) Definitions.--For purposes of this section--
``(1) First-time homebuyer.--
``(A) In general.--The term `first-time homebuyer'
means any individual who acquires a principal residence
by purchase if such individual (and, if married, such
individual's spouse)--
``(i) has not claimed any credit or
deduction under this title for any previous
taxable year with respect to the purchase or
ownership of any residence or residential real
estate (including for any expenditures relating
to the placing in service of any property on,
in connection with, or for use in such a
residence or real estate),
``(ii) attests under penalty of perjury
that the individual (and, if married, the
individual's spouse) has not owned a principal
residence at any time prior to the purchase of
the principal residence to which this section
applies, and
``(iii) includes the individual's (and, if
married, the individual's spouse's) social
security number issued by the Social Security
Administration on the return of tax.
``(B) Waiver in case of certain changes in
status.--The Secretary may, in such manner as the
Secretary may prescribe, waive the requirements of
subparagraph (A) for a taxable year in the case of an
individual who is not eligible to file a joint return
for the taxable year, and who was married at the time
the individual or the individual's former spouse
purchased a previous residence.
``(2) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(3) Purchase.--
``(A) In general.--The term `purchase' means any
acquisition, but only if--
``(i) the property is not acquired from a
person related to the person acquiring such
property (or, if either such person is married,
such individual's spouse), and
``(ii) the basis of the property in the
hands of the person acquiring such property is
not determined--
``(I) in whole or in part by
reference to the adjusted basis of such
property in the hands of the person
from whom acquired, or
``(II) under section 1014(a).
``(B) Construction.--A residence which is
constructed by the taxpayer shall be treated as
purchased by the taxpayer on the date the taxpayer
first occupies such residence.
``(4) Purchase price.--The term `purchase price' means the
adjusted basis (without regard to any reduction under section
1016(a)(38)) of the principal residence on the date such
residence is purchased. Such purchase price shall be included
on the return of tax.
``(5) Related persons.--A person shall be treated as
related to another person if the relationship between such
persons would result in the disallowance of losses under
section 267 or 707(b) (but, in applying subsections (b) and (c)
of section 267 for purposes of this section, paragraph (4) of
section 267(c) shall be treated as providing that the family of
an individual shall include only the individual's spouse,
ancestors, and lineal descendants).
``(6) Marital status.--An individual's marital status shall
be determined in accordance with section 7703.
``(d) Denial and Recapture Rules in Case of Disposal of Residence
Within 5 Taxable Years.--
``(1) Denial of credit in case of disposal within taxable
year.--No credit under subsection (a) shall be allowed to any
taxpayer for any taxable year with respect to the purchase of a
residence if the taxpayer disposes of such residence (or such
residence ceases to be the principal residence of the taxpayer
(and, if married, the taxpayer's spouse)) before the close of
such taxable year.
``(2) Partial recapture.--
``(A) In general.--Except as provided in
subparagraph (D), if the taxpayer disposes of the
residence with respect to which a credit was allowed
under subsection (a) (or such residence ceases to be
the principal residence of the taxpayer (and, if
married, the taxpayer's spouse)) during the 4-taxable-
year period beginning with the taxable year immediately
following the credit year, the tax imposed by this
chapter for the taxable year in which such disposal (or
cessation) occurs shall be increased by an amount equal
to the recapture percentage of the amount of the credit
so allowed.
``(B) Credit year.--For purposes of subparagraph
(A), the term `credit year' means the taxable year in
which the credit under subsection (a) was allowed.
``(C) Recapture percentage.--For purposes of
subparagraph (A), the recapture percentage with respect
to any disposal or cessation described in such
subparagraph shall be determined in accordance with the
following table:
``If the disposal or The recapture
cessation occurs in: percentage is:
the 1st taxable year beginning after the 80 percent
credit year.
the 2nd taxable year beginning after the 60 percent
credit year.
the 3rd taxable year beginning after the 40 percent
credit year.
the 4th taxable year beginning after the 20 percent.
credit year.
``(D) Exceptions.--This paragraph shall not apply
in the case of a disposal or cessation described in
subparagraph (A) which occurs after or incident to any
of the following:
``(i) Death of the taxpayer or the
taxpayer's spouse.
``(ii) Divorce of the taxpayer.
``(iii) Involuntary conversion of the
residence (within the meaning of section
121(d)(5)(A)).
``(iv) Relocation of duty station or
qualified official extended duty (as defined in
section 121(d)(9)(C)) of the taxpayer or the
taxpayer's spouse who is a member of the
uniformed services (as defined in section
121(d)(9)(C)(ii)), a member of the Foreign
Service of the United States (as defined in
section 121(d)(9)(C)(iii)), or an employee of
the intelligence community (as defined in
section 121(d)(9)(C)(iv)).
``(v) Change of employment of the taxpayer
or the taxpayer's spouse which meets the
conditions of section 217(c).
``(vi) Loss of employment, health
conditions, or such other unforeseen
circumstances as may be specified by the
Secretary.
``(e) Adjustment to Basis.--For purposes of this subtitle, if a
credit is allowed under this section with respect to any property, the
taxpayer's basis in such property shall be reduced by the amount of the
credit so allowed.
``(f) Reporting.--If the Secretary requires information reporting
under section 6045 by a person described in subsection (e)(2) thereof
to verify the eligibility of taxpayers for the credit allowable by this
section, the exception provided by section 6045(e)(5) shall not
apply.''.
(b) Conforming Amendment Relating to Basis Adjustment.--Subsection
(a) of section 1016 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (36),
(2) by striking the period at the end of paragraph (37) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(38) to the extent provided in section 36(e).''.
(c) Conforming Amendment.--Section 26(b)(2) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (W) and by
redesignating subparagraphs (X) and (Y) as subparagraphs (W) and (X),
respectively.
(d) Clerical Amendment.--The item relating to section 36 in 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 to read as follows:
``Sec. 36. First-time homebuyer refundable credit.''.
(e) Math Error Authority.--Subparagraph (N) of section 6213(g)(2)
of the Internal Revenue Code of 1986 is amended to read as follows:
``(N) in the case of a return claiming the credit
under section 36--
``(i) the omission of a social security
number required under section 36(c)(1)(A)(iii),
``(ii) the inclusion of a social security
number so required if--
``(I) the claim of the credit on
the return reflects the treatment of
such individual as being of an age
different from the individual's age
based on such social security number,
or
``(II) except as provided in
section 36(c)(1)(B), such social
security number has been included
(other than as a dependent for purposes
of section 151) on a return for any
previous taxable year claiming any
credit or deduction described in
section 36(c)(1)(A)(i), and
``(iii) a claim of such credit for a
taxable year with respect to the purchase of a
residence made after the last day of such
taxable year.''.
(f) IRS Recordkeeping.--Notwithstanding the limitations on
assessment and collection under section 6501 of the Internal Revenue
Code of 1986, the Commissioner of Internal Revenue shall maintain in
perpetuity records of returns and return information (as defined in
section 6103(b)(2) of such Code) of any taxpayer claiming the credit
under section 36 of such Code (as amended by this section) for the
taxable year in which such credit is claimed and succeeding taxable
years. The Commissioner may, in the Commissioner's discretion, discard
such records within a reasonable amount of time after the death of such
taxpayer (and, if married, the taxpayer's spouse).
(g) Effective Date.--The amendments made by this section shall
apply to residences purchased in taxable years beginning after December
31, 2016. | First-Time Homebuyer Credit Act of 2016 This bill amends the Internal Revenue Code to extend and modify the first-time homebuyer tax credit, which expired in 2010. The bill allows a refundable tax credit for first-time homebuyers of a principal residence in the United States who are at least 18 years of age and not claimed as a dependent by another taxpayer. The credit is equal to 2.5% of the purchase price of the residence, subject to a $10,000 dollar limitation and limits based on the purchase price of the home and the adjusted gross income of the taxpayer. A taxpayer that purchases and disposes of a residence in the same taxable year is not eligible for the credit. Taxpayers that dispose of the residence within five years of claiming the credit are liable for additional taxes based on a specified recapture percentage of the amount of the credit that was allowed. The bill includes several exceptions for a disposal that occurs after circumstances such as a death, divorce, involuntary conversion of the residence, relocation of a military duty station, or changes in employment or health status. | {"src": "billsum_train", "title": "First-Time Homebuyer Credit Act of 2016"} | 3,108 | 235 | 0.611389 | 1.678088 | 0.763686 | 2.650718 | 13.516746 | 0.870813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Agriculture Production Act of
2015''.
SEC. 2. METHYL BROMIDE.
Section 419 of the Plant Protection Act (7 U.S.C. 7719) is amended
to read as follows:
``SEC. 419. METHYL BROMIDE.
``(a) Authorization.--
``(1) In general.--Subject to paragraphs (2) and (3), a
State, local, or tribal authority may authorize the use of
methyl bromide for a qualified use if the authority determines
the use is required to respond to an emergency event. The
Secretary may authorize such a use if the Secretary determines
such a use is required to respond to an emergency event.
``(2) Notification.--Not later than 5 days after the date
on which a State, local, or tribal authority makes the
determination described in paragraph (1), the State, local, or
tribal authority intending to authorize the use of methyl
bromide for a qualified use shall submit to the Secretary a
notification that contains the information described in
subsection (b).
``(3) Objection.--A State, local, or tribal authority may
not authorize the use of methyl bromide under paragraph (1) if
the Secretary objects to such use under subsection (c) within
the 5-day period specified in such subsection.
``(b) Notification Contents.--A notification submitted under
subsection (a)(2) by a State, local, or tribal authority shall
contain--
``(1) a certification that the State, local, or tribal
authority requires the use of methyl bromide to respond to an
emergency event;
``(2) a description of the emergency event and the economic
loss that would result from such emergency event;
``(3) the identity and contact information for the
responsible individual of the authority; and
``(4) with respect to the qualified use of methyl bromide
that is the subject of the notification--
``(A) the specific location in which the methyl
bromide is to be used and the total acreage of such
location;
``(B) the identity of the pest or pests to be
controlled by such use;
``(C) the total volume of methyl bromide to be
used; and
``(D) the anticipated date of such use.
``(c) Objection.--
``(1) In general.--The Secretary, not later than 5 days
after the receipt of a notification submitted under paragraph
(2) of subsection (a), may object to the authorization of the
use of methyl bromide under such subsection by a State, local,
or tribal authority by sending the State, local, or tribal
authority a notification in writing of such objection that--
``(A) states the reasons for such objection; and
``(B) specifies any additional information that the
Secretary would require to withdraw the objection.
``(2) Reasons for objection.--The Secretary may object to
an authorization described in paragraph (1) if the Secretary
determines that--
``(A) the notification submitted under subsection
(a)(2) does not--
``(i) contain all of the information
specified in paragraphs (1) through (4) of
subsection (b); or
``(ii) demonstrate the existence of an
emergency event; or
``(B) the qualified use specified in the
notification does not comply with the limitations
specified in subsection (e).
``(3) Withdrawal of objection.--The Secretary shall
withdraw an objection under this subsection if--
``(A) not later than 14 days after the date on
which the Secretary sends the notification under
paragraph (1) to the State, local, or tribal authority
involved, the State, local, or tribal authority submits
to the Secretary the additional information specified
in such notification; and
``(B) such additional information is submitted to
the satisfaction of the Secretary.
``(4) Effect of withdrawal.--Upon the issuance of a
withdrawal under paragraph (3), the State, local, or tribal
authority involved may authorize the use of methyl bromide for
the qualified use specified in the notification submitted under
subsection (a)(2).
``(d) Use for Emergency Events Consistent With FIFRA.--The
production, distribution, sale, shipment, application, or use of a
pesticide product containing methyl bromide in accordance with an
authorization for a use under subsection (a) shall be deemed an
authorized production, distribution, sale, shipment, application, or
use of such product under the Federal Insecticide, Fungicide, and
Rodenticide Act, regardless of whether the intended use is registered
and included in the label approved for the product by the Administrator
of the Environmental Protection Agency under such Act.
``(e) Limitations on Use.--
``(1) Limitations on use per emergency event.--The amount
of methyl bromide that may be used per emergency event at a
specific location shall not exceed 20 metric tons.
``(2) Limits on aggregate amount.--The aggregate amount of
methyl bromide allowed pursuant to this section for use in the
United States in a calendar year shall not exceed the total
amount authorized by the Parties to the Montreal Protocol
pursuant to the Montreal Protocol process for critical uses in
the United States in calendar year 2011.
``(f) Ensuring Adequate Supply of Methyl Bromide.--Notwithstanding
any other provision of law, it shall not be unlawful for any person or
entity to produce or import methyl bromide, or otherwise supply methyl
bromide from inventories (produced or imported pursuant to the Clean
Air Act for other purposes) in response to an emergency event in
accordance with subsection (a).
``(g) Exclusive Authority of the Secretary.--The Secretary shall
have the exclusive Federal authority with respect to determining which
species are considered quarantine pests (as defined in section 319.37-1
of title 7, Code of Federal Regulations, as in effect on the date of
the enactment of the Safe Agriculture Production Act of 2015).
``(h) Definitions.--
``(1) Emergency event.--The term `emergency event' means a
situation--
``(A) that occurs at a location on which a plant or
commodity is grown or produced or a facility providing
for the storage of, or other services with respect to,
a plant or commodity;
``(B) for which the lack of availability of methyl
bromide for a particular use would result in
significant economic loss to the owner, lessee, or
operator of such a location or facility or the owner,
grower, or purchaser of such a plant or commodity; and
``(C) that, in light of the specific agricultural,
meteorological, or other conditions presented, requires
the use of methyl bromide to control a pest or disease
in such location or facility because there are no
technically or economically feasible alternatives to
methyl bromide easily accessible by an entity referred
to in subparagraph (B) at the time and location of the
event that--
``(i) are registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.) for the intended use or
pest to be so controlled; and
``(ii) would adequately control the pest or
disease presented at such location or facility.
``(2) Pest.--The term `pest' has the meaning given such
term in section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
``(3) Qualified use.--The term `qualified use' means, with
respect to methyl bromide, a methyl bromide treatment or
application in an amount not to exceed the limitations
specified in subsection (e) in response to an emergency
event.''. | Safe Agriculture Production Act of 2015 This bill amends the Plant Protection Act to allow state, local, or tribal governments to use methyl bromide as a fumigant if: (1) the use is required to respond to an emergency concerning a significant economic loss of crops to pests or diseases, and (2) the Department of Agriculture (USDA) does not object to that use within a specified time period. The bill allows this use of methyl bromide during an emergency event regardless of whether the use is registered and included in the label approved for the product by the Environmental Protection Agency under Federal Insecticide, Fungicide, and Rodenticide Act. The bill limits the amount of methyl bromide that may be used per emergency event at a specific location to not more than 20 metric tons. The aggregate amount of methyl bromide used in the United States each year may not exceed the total amount authorized under the Montreal Protocol on Substances that Deplete the Ozone Layer. The bill gives USDA exclusive authority for determining which species are considered quarantine pests. | {"src": "billsum_train", "title": "Safe Agriculture Production Act of 2015"} | 1,734 | 229 | 0.642781 | 1.896567 | 0.792326 | 3.653061 | 8.244898 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``All-Of-The-Above Federal Building
Energy Conservation Act of 2013''.
SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253(a)) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Energy Performance Requirement for Federal Buildings.--
``(1) Requirement.--Subject to paragraph (2), each agency
shall apply energy conservation measures to, and shall improve
the design for the construction of, the Federal buildings of
the agency (including each industrial or laboratory facility)
so that the energy consumption per gross square foot of the
Federal buildings of the agency in fiscal years 2006 through
2020 is reduced, as compared with the energy consumption per
gross square foot of the Federal buildings of the agency in
fiscal year 2003, by the percentage specified in the following
table:
Percentage
``Fiscal Year Reduction
2006............................................... 2
2007............................................... 4
2008............................................... 9
2009............................................... 12
2010............................................... 15
2011............................................... 18
2012............................................... 21
2013............................................... 24
2014............................................... 27
2015............................................... 30
2016............................................... 33
2017............................................... 36
2018............................................... 39
2019............................................... 42
2020............................................... 45.
``(2) Exclusion for buildings with energy intensive
activities.--
``(A) In general.--An agency may exclude from the
requirements of paragraph (1) any building (including
the associated energy consumption and gross square
footage) in which energy intensive activities are
carried out.
``(B) Reports.--Each agency shall identify and list
in each report made under section 548(a) the buildings
designated by the agency for exclusion under
subparagraph (A).
``(3) Review.--Not later than December 31, 2016, the
Secretary shall review the results of the implementation of the
energy performance requirements established under paragraph
(1).
``(4) Subsequent fiscal years.--The Secretary may amend or
set energy performance requirements for Federal buildings for
each of fiscal years 2018 through 2025 by a rule that--
``(A) includes cost-benefit analysis and an
opportunity for public comment;
``(B) establishes levels that are technically
feasible and economically justifiable; and
``(C) considers any energy- and water-saving
measures identified in evaluations conducted under
subsection (f)(3).''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (E),
(F), and (G) as subparagraphs (F), (G), and
(H), respectively; and
(ii) by inserting after subparagraph (D)
the following:
``(E) Ongoing commissioning.--The term `ongoing
commissioning' means an ongoing process of
commissioning using monitored data, the primary goal of
which is to ensure continuous optimum performance of a
facility, in accordance with design or operating needs,
over the useful life of the facility, while meeting
facility occupancy requirements.'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Energy management system.--An energy manager
designated under subparagraph (A) shall consider use of
a system to manage energy use at the facility and
certification of the facility in accordance with the
International Organization for Standardization standard
numbered 50001 and entitled `Energy Management
Systems'.'';
(C) by striking paragraphs (3) and (4) and
inserting the following:
``(3) Energy and water evaluations and commissioning.--
``(A) Evaluations.--Except as provided in
subparagraph (B), effective beginning on the date that
is 180 days after the date of enactment of the All-Of-
The-Above Federal Building Energy Conservation Act of
2013, and annually thereafter, each energy manager
shall complete, for each calendar year, a comprehensive
energy and water evaluation and recommissioning or
retrocommissioning for approximately 25 percent of the
facilities of each agency that meet the criteria under
paragraph (2)(B) in a manner that ensures that an
evaluation of each facility is completed at least once
every 4 years.
``(B) Exceptions.--An evaluation and
recommissioning shall not be required under
subparagraph (A) with respect to a facility that--
``(i) has had a comprehensive energy and
water evaluation during the 8-year period
preceding the date of the evaluation;
``(ii)(I) has been commissioned,
recommissioned, or retrocommissioned during the
10-year period preceding the date of the
evaluation; or
``(II) is under ongoing commissioning;
``(iii) has not had a major change in
function or use since the previous evaluation
and commissioning;
``(iv) has been benchmarked with public
disclosure under paragraph (8) within the year
preceding the evaluation; and
``(v)(I) based on the benchmarking, has
achieved at a facility level the most recent
cumulative energy savings target under
subsection (a) compared to the earlier of--
``(aa) the date of the most recent
evaluation; or
``(bb) the date--
``(AA) of the most recent
commissioning, recommissioning,
or retrocommissioning; or
``(BB) on which ongoing
commissioning began; or
``(II) has a long-term contract in place
guaranteeing energy savings at least as great
as the energy savings target under subclause
(I).
``(4) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the
date of completion of each evaluation under paragraph
(3), each energy manager may--
``(i) implement any energy- or water-saving
measure that the Federal agency identified in
the evaluation conducted under paragraph (3)
that is life-cycle cost effective; and
``(ii) bundle individual measures of
varying paybacks together into combined
projects.
``(B) Measures not implemented.--The energy manager
shall, as part of the certification system under
paragraph (7), explain the reasons why any life-cycle
cost effective measures were not implemented under
subparagraph (A) using guidelines developed by the
Secretary.''; and
(D) in paragraph (7)(C), by adding at the end the
following:
``(iii) Summary report.--The Secretary
shall make available a report that summarizes
the information tracked under subparagraph
(B)(i) by each agency and, as applicable, by
each type of measure.''.
SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS;
CERTIFICATION SYSTEM AND LEVEL FOR GREEN BUILDINGS.
(a) Definitions.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended--
(1) in paragraph (6), by striking ``to be constructed'' and
inserting ``constructed or altered''; and
(2) by adding at the end the following:
``(17) Major renovation.--The term `major renovation' means
a modification of building energy systems sufficiently
extensive that the whole building can meet energy standards for
new buildings, based on criteria to be established by the
Secretary through notice and comment rulemaking.''.
(b) Federal Building Efficiency Standards.--Section 305 of the
Energy Conservation and Production Act (42 U.S.C. 6834) is amended--
(1) in subsection (a)(3)--
(A) by striking ``(3)(A) Not later than'' and all
that follows through subparagraph (B) and inserting the
following:
``(3) Revised federal building energy efficiency
performance standards; certification for green buildings.--
``(A) Revised federal building energy efficiency
performance standards.--
``(i) In general.--Not later than 1 year
after the date of enactment of the All-Of-The-
Above Federal Building Energy Conservation Act
of 2013 and after the date of approval of each
subsequent revision of ASHRAE Standard 90.1 or
the International Energy Conservation Code, as
appropriate, the Secretary shall establish, by
rule, revised Federal building energy
efficiency performance standards that require
that--
``(I) new Federal buildings and
alterations and additions to existing
Federal buildings--
``(aa) meet or exceed the
most recent revision of the
International Energy
Conservation Code (in the case
of residential buildings) or
ASHRAE Standard 90.1 (in the
case of commercial buildings)
that the Secretary determines
saves energy compared to
previous versions of the Code
or Standard; and
``(bb) meet or exceed the
energy provisions of state and
local building codes applicable
to the building, if the codes
are more stringent than the
International Energy
Conservation Code or ASHRAE
Standard 90.1, as applicable;
``(II) unless demonstrated not to
be life-cycle cost effective for new
Federal buildings and Federal buildings
with major renovations--
``(aa) the buildings be
designed to achieve energy
consumption levels that are at
least 30 percent below the
levels established in the
version of the ASHRAE Standard
or the International Energy
Conservation Code, as
appropriate, that is applied
under clause (i); and
``(bb) sustainable design
principles are applied to the
siting, design, and
construction of all new Federal
buildings and replacement
Federal buildings;
``(III) if water is used to achieve
energy efficiency, water conservation
technologies shall be applied to the
extent that the technologies are life-
cycle cost effective; and
``(IV) if life-cycle cost
effective, as compared to other
reasonably available technologies, not
less than 30 percent of the hot water
demand for each new Federal building or
Federal building undergoing a major
renovation be met through the
installation and use of solar hot water
heaters.
``(ii) Limitation.--Clause (i)(I) shall not
apply to unaltered portions of existing Federal
buildings and systems that have been added to
or altered.'';
(B) in subparagraph (C), by striking ``(C) In the
budget request'' and inserting the following:
``(B) Budget request.--In the budget request''; and
(C) in subparagraph (D)--
(i) by striking clause ``(D) Not later
than'' and all that follows through the first
sentence of subclause (III) and inserting the
following:
``(C) Certification for green buildings.--
``(i) In general.--'';
(ii) by striking clause (ii);
(iii) in clause (iii), by striking ``(iii)
In identifying'' and inserting the following:
``(ii) Considerations.--In identifying'';
(iv) in clause (iv)--
(I) by striking ``(iv) At least
once'' and inserting the following:
``(iii) Study.--At least once''; and
(II) by striking ``clause (iii)''
and inserting ``clause (ii)'';
(v) in clause (v)--
(I) by striking ``(v) The Secretary
may'' and inserting the following:
``(iv) Internal certification processes.--
The Secretary may''; and
(II) by striking ``clause
(i)(III)'' each place it appears and
inserting ``clause (i)'';
(vi) in clause (vi)--
(I) by striking ``(vi) With
respect'' and inserting the following:
``(v) Privatized military housing.--With
respect''; and
(II) by striking ``develop
alternative criteria to those
established by subclauses (I) and (III)
of clause (i) that achieve an
equivalent result in terms of energy
savings, sustainable design, and'' and
inserting ``develop alternative
certification systems and levels than
the systems and levels identified under
clause (i) that achieve an equivalent
result in terms of''; and
(vii) in clause (vii), by striking ``(vii)
In addition to'' and inserting the following:
``(vi) Water conservation technologies.--In
addition to''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Periodic Review.--The Secretary shall--
``(1) every 5 years, review the Federal building energy
standards established under this section; and
``(2) on completion of a review under paragraph (1), if the
Secretary determines that significant energy savings would
result, upgrade the standards to include all new energy
efficiency and renewable energy measures that are
technologically feasible and economically justified.''. | All-Of-The-Above Federal Building Energy Conservation Act of 2013 - Amends the National Energy Conservation Policy Act to extend energy performance requirements for federal buildings for each of FY2016-FY2020 (from a 33% reduction from 2003 energy consumption level for FY2015 to a 45% reduction for FY2020). Requires agencies to report to the Secretary of Energy (DOE) on buildings that carry out energy intensive activities and that are designated by the agency for exclusion from such requirements. Requires the Secretary to review the results of the implementation of such requirements by December 31, 2016, (currently, December 31, 2013). Authorizes the Secretary to amend or set such performance requirements for each of FY2018-FY2025 by a rule that: (1) requires a cost-benefit analysis and an opportunity for public comment, (2) establishes performance levels that are technically feasible and economically justifiable, and (3) considers any energy- and water-saving measures identified in energy and water evaluations. Requires designated facility energy managers to consider using a system to manage energy use at their facilities in accordance with the International Organization for Standardization standard numbered 50001 and entitled "Energy Management Systems." Establishes exemptions from energy and water evaluation requirements. Requires energy managers, as part of the web-based certification, to explain the reasons why any life-cycle cost effective measures identified in such evaluation were not implemented. Requires the Secretary to make available a report that summarizes information tracked under such certification. Amends the Energy Conservation and Production Act to revise the definition of "federal building" to include buildings altered by federal agencies, and to define "major renovation," for purposes of such Act. Requires the Secretary to establish revised federal building energy efficiency performance standards after the approval of revisions of ASHRAE Standard 90.1 or the International Energy Conservation Code (IECC) to meet or exceed such revisions, including requiring, unless new or renovated federal buildings are demonstrated not to be life-cycle cost effective: (1) such buildings to be designed to achieve energy consumption levels that are at least 30% below the levels established in the ASHRAE Standard or the IECC, and (2) no less than 30% of the hot water demand for each new building or building undergoing a major renovation to be met through the installation and use of solar hot water heaters. Repeals a standard on fossil fuel-generated energy use in federal buildings. | {"src": "billsum_train", "title": "All-Of-The-Above Federal Building Energy Conservation Act of 2013"} | 2,919 | 550 | 0.422535 | 1.223853 | 0.716892 | 3 | 5.832609 | 0.86087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``East Timor Self-Determination Act of
1999''.
SEC. 2. FINDING; PURPOSE.
(a) Congressional Finding.--Congress recognizes that the Government
of Indonesia took a positive and constructive step by agreeing on
September 12, 1999, to the deployment of an international peacekeeping
force to East Timor.
(b) Purpose.--The purpose of this Act is to encourage the
Government of Indonesia to take such additional steps as are necessary
to create a peaceful environment in which the United Nations Assistance
Mission in East Timor (UNAMET) can fulfill its mandate and implement
the results of the August 30, 1999, vote on East Timor's political
status.
SEC. 3. SUSPENSION OF ECONOMIC ASSISTANCE.
(a) Multilateral Economic Assistance.--
(1) In general.--Except as provided in subsection (c), the
Secretary of the Treasury shall instruct the United States
executive directors to the international financial institutions
to oppose, and vote against, any extension by those
institutions of any financial assistance (including any
technical assistance or grant) of any kind to the Government of
Indonesia.
(2) Sense of congress.--It is the sense of Congress that
the international financial institutions should withhold the
balance of any undisbursed approved loans or other assistance
to the Government of Indonesia.
(3) International financial institutions defined.--In this
subsection, the term ``international financial institution''
includes the International Monetary Fund, the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
the Multilateral Investment Guaranty Agency, and the Asian
Development Bank.
(b) Restriction on Bilateral Economic Assistance.--Except as
provided in subsection (c), none of the funds appropriated or otherwise
made available to carry out chapter 1 of part I (relating to
development assistance) or chapter 4 of part II (relating to economic
support fund assistance) of the Foreign Assistance Act of 1961 may be
available for Indonesia, except subject to the procedures applicable to
reprogramming notifications under section 634A of that Act.
(c) Exception.--Subsections (a) and (b) shall not apply to the
provision of humanitarian assistance (such as food or medical
assistance) to Indonesia or East Timor.
(d) Conditions for Termination.--The measures described in
subsections (a) and (b) shall apply until the President determines and
certifies to the appropriate congressional committees that the
Government of Indonesia is cooperating with efforts by the
international community to establish a safe and secure environment in
East Timor and is taking significant steps to--
(1) end the violence perpetrated by units of the Indonesian
armed forces and by armed militias opposed to the independence
of East Timor;
(2) enable displaced persons and refugees to return home;
(3) ensure freedom of movement within East Timor, including
access by humanitarian organizations to all areas of East
Timor; and
(4) enable UNAMET to resume its mandate, without threat or
intimidation to its personnel.
SEC. 4. SUSPENSION OF SECURITY ASSISTANCE.
(a) Prohibitions on Cooperation and Support.--
(1) Assistance.--None of the funds appropriated or
otherwise made available under the following provisions of law
(including unexpended balances of prior year appropriations)
may be available for Indonesia:
(A) The Foreign Military Financing Program under
section 23 of the Arms Export Control Act.
(B) Chapter 2 of part II of the Foreign Assistance
Act of 1961 (relating to military assistance).
(C) Chapter 5 of part II of the Foreign Assistance
Act of 1961 (relating to international military
education and training assistance).
(2) Licensing.--None of the funds appropriated or otherwise
made available under the following provisions of law (including
unexpended balances of prior year appropriations) may be
available for licensing exports of defense articles or defense
services to Indonesia under section 38 of the Arms Export
Control Act.
(3) Deliveries.--No defense article or defense service may
be exported or delivered to Indonesia or East Timor by any
United States person (as defined in section 16 of the Export
Administration Act of 1979 (50 U.S.C. app. 2415) or any other
person subject to the jurisdiction of the United States except
as may be necessary to support the operations of an
international peacekeeping force in East Timor or in connection
with the provision of humanitarian assistance.
(b) Conditions for Termination.--The measures described in
subsection (a) shall apply with respect to the Government of Indonesia
until the President determines and certifies to the appropriate
congressional committees that--
(1) a generally safe and secure environment exists in East
Timor, including--
(A) an end to the violence perpetrated by units of
the Indonesian armed forces and by armed militias
opposed to the independence of East Timor;
(B) the ability of displaced persons and refugees
to return home;
(C) freedom of movement within East Timor,
including access by humanitarian organizations to all
areas of East Timor; and
(D) the ability of UNAMET to resume its mandate,
without threat or intimidation to its personnel;
(2) the armed forces of Indonesia clearly--
(A) have ceased engaging in violence in East Timor;
(B) have ceased their support and training of armed
militias opposed to the independence of East Timor; and
(C) are withdrawing their forces from East Timor in
cooperation with a United Nations-supervised process of
transferring sovereignty from Indonesia to an
independent East Timor; and
(3) significant steps have been taken to implement the
results of the August 30, 1999, vote on East Timor's political
status, which expressed the will of a majority of the Timorese
people.
SEC. 5. MULTILATERAL EFFORTS.
The President should continue to coordinate with other countries,
particularly member states of the Asia-Pacific Economic Cooperation
(APEC) Forum, to develop a comprehensive, multilateral strategy to
further the purposes of this Act, including urging other countries to
take measures similar to those described in this Act.
SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives. | Prohibits the provision of multilateral and bilateral economic assistance (except humanitarian assistance), or military assistance, or the licensing or delivery of exports of defense articles or defense services (except in connection with the international peacekeeping force) to the Government of Indonesia or East Timor.
Urges the President to continue to coordinate with other countries, particularly member states of the Asia-Pacific Economic Cooperation (APEC) Forum, to develop a comprehensive, multilateral strategy to further the purposes of this Act. | {"src": "billsum_train", "title": "East Timor Self-Determination Act of 1999"} | 1,409 | 104 | 0.518307 | 1.580561 | 0.655495 | 5.290323 | 13.870968 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Management and Fiscal
Responsibility Act of 2016''.
SEC. 2. SECRETARY OF THE TREASURY REPORT TO CONGRESS BEFORE REACHING
DEBT LIMIT.
(a) In General.--Subchapter II of chapter 31 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 3131. Report before reaching debt limit
``(a) In General.--Not later than 60 days and not earlier than 21
days before any date on which the Secretary of the Treasury anticipates
the public debt will reach the limit specified under section 3101, as
modified by section 3101A, the Secretary shall appear before the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate, to submit the information described
under subsection (b).
``(b) Information Required To Be Presented.--In an appearance
described under subsection (a), the Secretary of the Treasury shall
submit the following:
``(1) Debt report.--A report on the state of the public
debt, including--
``(A) the historical levels of the debt, current
amount and composition of the debt, and future
projections of the debt;
``(B) the historical levels of Federal revenue,
including corporate and individual Federal income taxes
as a percent of the gross domestic product;
``(C) the drivers and composition of future debt;
``(D) how, if the debt limit is raised, the United
States will meet debt obligations, including principal
and interest;
``(E) any reduction measures the Secretary intends
to take to fund Federal Government obligations if the
debt limit is not raised, including--
``(i) notifying Congress when the limit has
been reached; and
``(ii) notifying Congress when the
Secretary has begun taking such measures and
specifying which measures are currently being
used;
``(F) if the President recommends that Congress
adopt, in general, a balanced budget amendment to the
Constitution of the United States to help control the
accumulation of future debt; and
``(G) the most recent contingency plans formulated
for any default on United States Treasury securities
(stemming from, for example, cyberattack, terrorist
attack, severe weather event, debt limit impasse, or
any other contingency that could interrupt Treasury
access to funding markets) or downgrade of the credit
rating of the United States.
``(2) Statement of intent.--A detailed explanation of--
``(A) proposals of the President to reduce the
public debt in the short term (the current and
following fiscal year), medium term (approximately 3 to
5 fiscal years), and long term (approximately 10 fiscal
years), and proposals of the President to adjust the
debt-to-gross domestic product ratio;
``(B) the impact an increased debt limit will have
on future Federal Government spending, debt service,
and the position of the United States dollar as the
international reserve currency;
``(C) projections of fiscal health and
sustainability of major direct-spending entitlement
programs (including Social Security, Medicare, and
Medicaid);
``(D) the plan of the President for each week that
the debt of the United States is at the statutory
limit, to publicly disclose, on the Web site of the
Department of the Treasury--
``(i) all reduction measures currently
being used by the Secretary to avoid defaulting
on obligations of the Federal Government;
``(ii) with respect to each reduction
measure, whether or not such measure is
currently being used--
``(I) the total dollar amount of
such measure that has been used; and
``(II) the total dollar amount of
such measure that the Secretary
estimates is still available for use;
and
``(iii) the date on which the Secretary
estimates that all reduction measures will be
exhausted, and the Federal Government will
begin defaulting on its obligations; and
``(E) any extraordinary measures the Secretary
intends to take to fund Federal Government obligations
if the debt limit is not raised, a projection of how
long such extraordinary measures will fund the Federal
Government, and a projection of the administrative cost
of taking such extraordinary measures.
``(3) Progress report.--
``(A) In general.--A detailed report on the
progress of implementing all proposals of the President
described under subparagraph (A) of paragraph (2).
``(B) Exception.--The report described under this
paragraph shall only be submitted if the Secretary of
the Treasury has already appeared at least once
pursuant to this section during any term of office for
a particular President.
``(c) Public Access to Information.--The Secretary of the Treasury
shall place on the homepage of the Department of the Treasury a link to
a webpage that shall serve as a repository of information made
available to the public for at least 6 months following the date of
release of the relevant information, including--
``(1) the debt report submitted under subsection (b)(1);
``(2) the detailed explanation submitted under subsection
(b)(2);
``(3) the progress report submitted under subsection
(b)(3); and
``(4) the comprehensive summaries of contingency plans
formulated for any debt default on United States Treasury
securities or downgrade of the credit rating of the United
States submitted under subsection (b)(1)(G).
``(d) Reduction Measures Defined.--For purposes of this section,
the term `reduction measures' means each of the following:
``(1) Directing or approving the issuance of debt by the
Federal Financing Bank for the purpose of entering into an
exchange transaction for debt that is subject to the limit
under this section.
``(2) Suspending investments in the Government Securities
Investment Fund of the Thrift Savings Fund.
``(3) Suspending investments in the stabilization fund
established under section 5302.
``(4) Suspending new investments in the Civil Service
Retirement and Disability Fund or the Postal Service Retiree
Health Benefits Fund.
``(5) Selling or redeeming securities, obligations, or
other invested assets of the Civil Service Retirement and
Disability Fund or the Postal Service Retiree Health Benefits
Fund before maturity.
``(6) Such other measures as the Secretary determines
appropriate.''.
(b) Clerical Amendment.--The table of sections for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3130 the following:
``3131. Report before reaching debt limit.''.
SEC. 3. ACCESS TO CERTAIN TREASURY DEPARTMENT DATA.
Upon written request from the Chairman of the Committee on Finance
of the Senate or the Committee on Ways and Means of the House of
Representatives, the Secretary of the Treasury shall provide to the
requesting Chairman financial and economic data relevant to determining
the amount of the public debt of the United States, including--
(1) cash flow and debt transaction information used in
preparing the Daily Treasury Statement, including current
balances, receipts, and payments;
(2) operating cash balance projections;
(3) relevant information regarding any extraordinary
measures taken to prevent the public debt from exceeding
limitation imposed by section 3101(b) of title 31, United
States Code, including--
(A) measures taken with respect to investments in
the Civil Service Retirement and Disability Fund;
(B) the suspension of the issuance of obligations
to the Government Securities Investment Fund In the
Thrift Savings Fund; and
(C) measures taken with respect to the
stabilization fund under section 5302 of title 31 of
such Code;
(4) contingency plans for addressing delayed payments on
debt obligations; and
(5) contingency plans for addressing ratings downgrades on
debt obligations. | Debt Management and Fiscal Responsibility Act of 2016 This bill requires the Secretary of the Treasury to provide a report to Congress prior to any date on which Treasury anticipates the public debt will reach the statutory limit. The Secretary must appear before the House Ways and Means Committee and the Senate Finance Committee to submit a report including: historic, current, and projected levels of debt; historic levels of revenue; the drivers and composition of future debt; how the United States will meet debt obligations if the debt limit is raised; reduction measures Treasury intends to take to fund obligations if the debt limit is not raised; a recommendation regarding a balanced budget amendment to the U.S. Constitution; and contingency plans for any default on Treasury securities or downgrade of the U.S. credit rating. The Secretary must also provide a detailed explanation of: proposals to reduce the debt and a progress report on implementing them; the impact an increased debt limit will have on future spending, debt service, and the position of the U.S. dollar as the international reserve currency; projections of the fiscal health and sustainability of major entitlement programs; measures Treasury is taking or intends to take to avoid default, including a plan to publicly disclose the details; and Treasury's capability to pay only principal and interest on the debt if the limit is reached. Treasury must make specified information required by this bill available to the public on its website. Upon request, Treasury must submit to Congress specified financial and economic data relevant to determining the amount of the public debt. | {"src": "billsum_train", "title": "Debt Management and Fiscal Responsibility Act of 2016"} | 1,680 | 323 | 0.665594 | 1.883634 | 0.903762 | 2.877483 | 5.44702 | 0.877483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assault Weapons Ban and Law
Enforcement Protection Act of 2005''.
SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN
SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Restriction.--Section 922 of title 18, United States Code, is
amended by adding after subsection (u) the following:
``(v)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
``(2) Paragraph (1) shall not apply to the possession or transfer
of any semiautomatic assault weapon otherwise lawfully possessed under
Federal law on the date of enactment of this subsection.
``(3) Paragraph (1) shall not apply to any firearm that--
``(A) is manually operated by bolt, pump, level, or slide
action;
``(B) has been rendered permanently inoperable; or
``(C) is an antique firearm.
``(4) Paragraph (1) shall not apply to--
``(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State, or a transfer to or possession by a law
enforcement officer employed by such an entity for purposes of
law enforcement (whether on or off duty);
``(B) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing and
maintaining an onsite physical protection system and security
organization required by Federal law, or possession by an
employee or contractor of such licensee onsite for such
purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
``(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not otherwise
prohibited from receiving a firearm, of a semiautomatic assault
weapon transferred to the individual by the agency upon such
retirement; or
``(D) the manufacture, transfer, or possession of a
semiautomatic assault weapon by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Secretary.
``(5) It shall be unlawful for any person to transfer a
semiautomatic assault weapon to which paragraph (1) does not apply,
except through--
``(A) a licensed dealer, and for purposes of subsection (t)
in the case of such a transfer, the weapon shall be considered
to be transferred from the business inventory of the licensed
dealer and the dealer shall be considered to be the transferor;
or
``(B) a State or local law enforcement agency if the
transfer is made in accordance with the procedures provided for
in subsection (t) of this section and section 923(g).
``(6) The Attorney General shall establish and maintain, in a
timely manner, a record of the make, model, and date of manufacture of
any semiautomatic assault weapon which the Attorney General is made
aware has been used in relation to a crime under Federal or State law,
and the nature and circumstances of the crime involved, including the
outcome of relevant criminal investigations and proceedings. The
Attorney General shall annually submit the record to Congress and make
the record available to the general public.''.
(b) Definition of Semiautomatic Assault Weapon.--Section 921(a) of
title 18, United States Code, is amended by adding after paragraph (29)
the following:
``(30) The term `semiautomatic assault weapon' means any of the
following:
``(A) Rifles.--The following rifles or copies or duplicates
thereof--
``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr,
NHM 90, NHM 91, SA 85, SA 93, VEPR;
``(ii) AR-10;
``(iii) AR-15, Bushmaster XM15, Armalite M15, or
Olympic Arms PCR;
``(iv) AR70;
``(v) Calico Liberty;
``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
``(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
``(viii) Hi-Point Carbine;
``(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
``(x) Kel-Tec Sub Rifle;
``(xi) M1 Carbine;
``(xii) Saiga;
``(xiii) SAR-8, SAR-4800;
``(xiv) SKS with detachable magazine;
``(xv) SLG 95;
``(xvi) SLR 95 or 96;
``(xvii) Steyr AUG;
``(xviii) Sturm, Ruger Mini-14;
``(xix) Tavor;
``(xx) Thompson 1927, Thompson M1, or Thompson 1927
Commando; or
``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter,
or Galil Sniper Rifle (Galatz).
``(B) Pistols.--The following pistols or copies or
duplicates thereof--
``(i) Calico M-110;
``(ii) MAC-10, MAC-11, or MPA3;
``(iii) Olympic Arms OA;
``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10;
or
``(v) Uzi.
``(C) Shotguns.--The following shotguns or copies or
duplicates thereof--
``(i) Armscor 30 BG;
``(ii) SPAS 12 or LAW 12;
``(iii) Striker 12; or
``(iv) Streetsweeper.
``(D) Detachable magazine rifles.--A semiautomatic rifle
that has an ability to accept a detachable magazine, and that
has--
``(i) a folding or telescoping stock;
``(ii) a threaded barrel;
``(iii) a pistol grip;
``(iv) a forward grip; or
``(v) a barrel shroud.
``(E) Fixed magazine rifles.--A semiautomatic rifle that
has a fixed magazine with the capacity to accept more than 10
rounds, except for an attached tubular device designed to
accept, and capable of operating only with, .22 caliber rimfire
ammunition.
``(F) Detachable magazine pistols.--A semiautomatic pistol
that has the ability to accept a detachable magazine, and has--
``(i) a second pistol grip;
``(ii) a threaded barrel;
``(iii) a barrel shroud; or
``(iv) the capacity to accept a detachable magazine
at a location outside of the pistol grip.
``(G) Fixed magazine pistols.--A semiautomatic pistol with
a fixed magazine that has the capacity to accept more than 10
rounds.
``(H) Semiautomatic shotguns.--A semiautomatic shotgun that
has--
``(i) a folding or telescoping stock;
``(ii) a pistol grip;
``(iii) the ability to accept a detachable
magazine; or
``(iv) a fixed magazine capacity of more than 5
rounds.
``(I) Other shotguns.--A shotgun with a revolving cylinder.
``(J) Frames or receivers.--A frame or receiver that is
identical to, or based substantially on the frame or receiver
of, a firearm described in any of subparagraphs (A) through (I)
or (L).
``(K) Conversion kits.--A conversion kit.
``(L) Military or law enforcment weapons.--A semiautomatic
rifle or shotgun originally designed for military or law
enforcement use, or a firearm based on the design of such a
firearm, that is not particularly suitable for sporting
purposes, as determined by the Attorney General. In making the
determination, there shall be a rebuttable presumption that a
firearm procured for use by the United States military or any
Federal law enforcement agency is not particularly suitable for
sporting purposes, and a firearm shall not be determined to be
particularly suitable for sporting purposes solely because the
firearm is suitable for use in a sporting event.''.
(c) Penalties.--
(1) Violation of section 922(v).--Section 924(a)(1)(B) of
title 18, United States Code, is amended by striking ``or (q)
of section 922'' and inserting ``(r), or (v) of section 922''.
(2) Use or possession during crime of violence or drug
trafficking crime.--Section 924(c)(1)(B)(i) of title 18, United
States Code, is amended by inserting ``or semiautomatic assault
weapon,'' after ``short-barreled shotgun,''.
(d) Identification Markings for Semiautomatic Assault Weapons.--
Section 923(i) of title 18, United States Code, is amended by adding at
the end the following: ``The serial number of any semiautomatic assault
weapon manufactured after the date of the enactment of this sentence
shall clearly show the date on which the weapon was manufactured.''.
(e) Related Definitions.--Section 921(a) of such title is amended
by adding at the end the following:
``(36) Barrel shroud.--The term `barrel shroud' means a shroud that
is attached to, or partially or completely encircles, the barrel of a
firearm so that the shroud protects the user of the firearm from heat
generated by the barrel, but does not include a slide that encloses the
barrel, and does not include an extension of the stock along the bottom
of the barrel which does not encircle or substantially encircle the
barrel.
``(37) Conversion kit.--The term `conversion kit' means any part or
combination of parts designed and intended for use in converting a
firearm into a semiautomatic assault weapon, and any combination of
parts from which a semiautomatic assault weapon can be assembled if the
parts are in the possession or under the control of a person.
``(38) Detachable magazine.--The term `detachable magazine' means
an ammunition feeding device that can readily be inserted into a
firearm.
``(39) Fixed magazine.--The term `fixed magazine' means an
ammunition feeding device contained in, or permanently attached to, a
firearm.
``(40) Folding or telescoping stock.--The term `folding or
telescoping stock' means a stock that folds, telescopes, or otherwise
operates to reduce the length, size, or any other dimension, or
otherwise enhances the concealability, of a firearm.
``(41) Forward grip.--The term `forward grip' means a grip located
forward of the trigger that functions as a pistol grip.
``(42) Pistol grip.--The term `pistol grip' means a grip, a
thumbhole stock, or any other characteristic that can function as a
grip.
``(43) Threaded barrel.--The term `threaded barrel' means a feature
or characteristic that is designed in such a manner to allow for the
attachment of a firearm as defined in section 5845(a) of the National
Firearms Act (26 U.S.C. 5845(a)).''.
SEC. 3. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition.--Section 922 of title 18, United States Code, as
amended by section 2(a), is amended by adding after subsection (v) the
following:
``(w)(1)(A) Except as provided in subparagraph (B), it shall be
unlawful for a person to transfer or possess a large capacity
ammunition feeding device.
``(B) Subparagraph (A) shall not apply to the possession or
transfer of any large capacity ammunition feeding device otherwise
lawfully possessed in the United States on the date of enactment of
this subsection.
``(2) It shall be unlawful for any person to import or bring into
the United States a large capacity ammunition feeding device.
``(3) This subsection shall not apply to--
``(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State, or a transfer to or possession by a law
enforcement officer employed by such an entity for purposes of
law enforcement (whether on or off duty);
``(B) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing and
maintaining an onsite physical protection system and security
organization required by Federal law, or possession by an
employee or contractor of such licensee onsite for such
purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials; or
``(C) the manufacture, transfer, or possession of any large
capacity ammunition feeding device by a licensed manufacturer
or licensed importer for the purposes of testing or
experimentation authorized by the Secretary.
``(4) It shall be unlawful for a licensed manufacturer, licensed
importer, or licensed dealer who transfers a large capacity ammunition
feeding device that was manufactured on or before the date of enactment
of this subsection, to fail to certify to the Attorney General before
the end of the 60-day period that begins with the date of the transfer,
in accordance with regulations prescribed by the Attorney General, that
the device was manufactured on or before the date of enactment of this
subsection.''.
(b) Definition of Large Capacity Ammunition Feeding Device.--
Section 921(a) of title 18, United States Code, as amended by section
2(b), is amended by adding after paragraph (30) the following:
``(31) The term `large capacity ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, or similar
device that has a capacity of, or that can be readily restored
or converted to accept, more than 10 rounds of ammunition; but
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.''.
(c) Penalty.--Section 924(a)(1)(B) of title 18, United States Code,
as amended by section 2(c), is amended by striking ``or (v)'' and
inserting ``(v), or (w)''.
(d) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, as amended by
section 2(d), is amended by adding at the end the following: ``A large
capacity ammunition feeding device manufactured after the date of the
enactment of this sentence shall be identified by a serial number that
clearly shows that the device was manufactured or imported after the
effective date of this subsection, and such other identification as the
Attorney General may by regulation prescribe.
(e) Ban on Transfer of Semiautomatic Assault Weapon With Large
Capacity Ammunition Feeding Device.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting at the end the following:
``(z) It shall be unlawful for any person to transfer any assault
weapon with a large capacity ammunition feeding device.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(8) Whoever knowingly violates section 922(z) shall be fined
under this title, imprisoned not more than 10 years, or both.
``(9) Whoever knowingly violates section 922(w)(4) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
SEC. 4. STUDY BY ATTORNEY GENERAL.
(a) Study.--The Attorney General shall investigate and study the
effect of this Act and the amendments made by this Act, and in
particular shall determine their impact, if any, on violent and drug
trafficking crime. The study shall be conducted over a period of 18
months, commencing 12 months after the date of enactment of this Act.
(b) Report.--Not later than 30 months after the date of enactment
of this Act, the Attorney General shall prepare and submit to Congress
a report setting forth in detail the findings and determinations made
in the study under subsection (a).
SEC. 5. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of enactment of this Act. | Assault Weapons Ban and Law Enforcement Protection Act of 2005 - Amends the Federal criminal code to reinstate the Public Safety and Recreational Firearms Use Protection Act's assault weapons ban to prohibit: (1) the manufacture, transfer, or possession of a semiautomatic assault weapon; (2) the transfer, possession, or importation of a large capacity ammunition feeding device; (3) the transfer of any assault weapon with such a device.
Specifies models and features of banned weapons.
Sets forth exceptions to such ban, including: (1) firearms or devices lawfully possessed under Federal law on the date of enactment of this Act; (2) any firearm that is manually operated by bolt, pump, lever, or slide action that has been rendered permanently inoperable or is an antique firearm; and (3) firearms manufactured for, transferred to, or possessed by a Federal, State, or local government agency or for law enforcement. Prohibits: (1) any person from transferring a semiautomatic assault weapon to which the ban does not apply, except through a licensed dealer or a State or local law enforcement agency; or (2) a licensed manufacturer, importer, or dealer who transfers a device manufactured before enactment of this Act to fail to certify such date of manufacture.
Requires the serial number of any weapon or device manufactured after the enactment of this Act to clearly show the date of manufacture.
Directs the Attorney General to: (1) maintain, submit to Congress, and make publicly available a record of any semiautomatic assault weapon used in relation to a crime; and (2) study and report to Congress on the effects of this Act on violent and drug trafficking crime.
Prohibits the transfer of such a weapon or device to a juvenile. | {"src": "billsum_train", "title": "A bill to reinstate the Public Safety and Recreational Firearms Use Protection Act."} | 4,154 | 381 | 0.673373 | 1.916703 | 0.813273 | 2.98827 | 10.328446 | 0.929619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Care Mentoring Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research shows that caring adults can make a difference
in children's lives. Forty-five percent of mentored teens are
less likely to use drugs. Fifty-nine percent of mentored teens
have better academic performance. Seventy-three percent of
mentored teens achieve higher goals generally.
(2) Children that have mentors have better relationships
with adults, fewer disciplinary referrals, and more confidence
to achieve their goals.
(3) In 2001, over 163,000 children in the foster care
system were under the age of 5 years.
(4) In 2001, over 124,000 children were under the age of 10
when they were removed from their parents or caretakers.
(5) The International Day of the Child, sponsored by
Children United Nations, has served as a great tool to recruit
mentors and partner them with needy foster care children.
(6) On November 10, 2002, as many as 3,000 children will be
matched with mentors as a result of the International Day of
the Child.
(7) States should be encouraged to incorporate mentor
programs into the delivery of their foster care services. The
State of California serves as a great example, matching close
to half a million mentors with needy children.
(8) Mentor programs that serve foster children are unique
and require additional considerations including specialized
training and support necessary to provide for consistent, long
term relationships for children in care.
(9) Mentor programs are cost-effective approaches to
decreasing the occurrence of so many social ills such as teen
pregnancy, substance abuse, incarceration and violence.
SEC. 3. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE.
Subpart 2 of part B of title IV of the Social Security Act (42
U.S.C. 629 et seq.) is amended by adding at the end the following:
``SEC. 440. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE.
``(a) Purpose.--It is the purpose of this section to authorize the
Secretary to make grants to eligible applicants to support the
establishment or expansion and operation of programs using a network of
public and private community entities to provide mentoring for children
in foster care.
``(b) Definitions.--In this section:
``(1) Children in foster care.--The term `children in
foster care' means children who have been removed from the
custody of their biological or adoptive parents by a State
child welfare agency.
``(2) Mentoring.--The term `mentoring' means a structured,
managed program in which children are appropriately matched
with screened and trained adult volunteers for one-on-one
relationships, that involves meetings and activities on a
regular basis, and that is intended to meet, in part, the
child's need for involvement with a caring and supportive adult
who provides a positive role model.
``(c) Grant Program.--
``(1) In general.--The Secretary shall carry out a program
to award grants to States to support the establishment or
expansion and operation of programs using networks of public
and private community entities to provide mentoring for
children in foster care.
``(2) Application requirements.--To be eligible for a grant
under paragraph (1), the chief executive officer of the State
shall submit to the Secretary an application containing the
following:
``(A) Program design.--A description of the
proposed program to be carried out using amounts
provided under this grant, including--
``(i) a list of local public and private
organizations and entities that will
participate in the mentoring network;
``(ii) the name, description, and
qualifications of the entity that will
coordinate and oversee the activities of the
mentoring network;
``(iii) the number of mentor-child matches
proposed to be established and maintained
annually under the program;
``(iv) such information as the Secretary
may require concerning the methods to be used
to recruit, screen, support, and oversee
individuals participating as mentors, (which
methods shall include criminal background
checks on the individuals), and to evaluate
outcomes for participating children, including
information necessary to demonstrate compliance
with requirements established by the Secretary
for the program; and
``(v) such other information as the
Secretary may require.
``(B) Training.--An assurance that all mentors
covered under the program will receive intensive and
ongoing training in the following areas:
``(i) Child development, including the
importance of bonding.
``(ii) Family dynamics, including the
effects of domestic violence.
``(iii) Foster care system, principles, and
practices.
``(iv) Recognizing and reporting child
abuse and neglect.
``(v) Confidentiality requirements for
working with children in care.
``(vi) Working in coordination with the
public school system.
``(vii) Other matters related to working
with children in care.
``(C) Screening.--An assurance that all mentors
covered under the program are appropriately screened
and have demonstrated a willingness to comply with all
aspects of the mentor program, including--
``(i) a description of the methods to be
used to conduct criminal background checks on
all prospective mentors; and
``(ii) a description of the methods to be
used to ensure that the mentors are willing and
able to serve as a mentor on a long term,
consistent basis.
``(D) Educational requirements.--An assurance that
all mentors recruited to serve in the program will--
``(i) have a high school diploma or its
equivalent; and
``(ii) have completed at least 1 year of
study in a program leading to a graduate or
post graduate degree.
``(E) Community consultation; coordination with
other programs.--A demonstration that, in developing
and implementing the program, the State will, to the
extent feasible and appropriate--
``(i) consult with public and private
community entities, including religious
organizations, and including, as appropriate,
Indian tribal organizations and urban Indian
organizations, and with family members of
potential clients;
``(ii) coordinate the programs and
activities under the program with other
Federal, State, and local programs serving
children and youth; and
``(iii) consult with appropriate Federal,
State, and local corrections, workforce
development, and substance abuse and mental
health agencies.
``(F) Equal access for local service providers.--An
assurance that public and private entities and
community organizations, including religious
organizations and Indian organizations, will be
eligible to participate on an equal basis.
``(G) Records, reports, and audits.--An agreement
that the State will maintain such records, make such
reports, and cooperate with such reviews or audits as
the Secretary may find necessary for purposes of
oversight of project activities and expenditures.
``(H) Evaluation.--An agreement that the State will
cooperate fully with the Secretary's ongoing and final
evaluation of the program under the plan, by means
including providing the Secretary access to the program
and program-related records and documents, staff, and
grantees receiving funding under the plan.
``(3) Federal share.--
``(A) In general.--A grant for a program under this
subsection shall be available to pay a percentage share
of the costs of the program up to 75 percent for each
year for which the grant is awarded.
``(B) Non-federal share.--The non-Federal share of
the cost of projects under this subsection may be in
cash or in kind. In determining the amount of the non-
Federal share, the Secretary may attribute fair market
value to goods, services, and facilities contributed
from non-Federal sources.
``(4) Considerations in awarding grants.--In awarding
grants under this subsection, the Secretary shall take into
consideration--
``(A) the overall qualifications and capacity of
the State program and its partners to effectively carry
out a mentoring program under this subsection;
``(B) the level and quality of training provided to
mentors under the program;
``(C) evidence of coordination of the program with
the State's social services and education programs;
``(D) the ability of the State to provide
supervision and support for mentors under the program
and the youth served by such mentors;
``(E) evidence of consultation with institutions of
higher learning; and
``(F) any other factors that the Secretary
determines to be significant with respect to the need
for or the potential success of carrying out a
mentoring program under this subsection.
``(5) Use of funds.--Of the amount awarded to a State under
a grant under this subsection the State shall--
``(A) use not less than 50 percent of the total
grant amount for the training and ongoing educational
support of mentors; and
``(B) use not more than 10 percent of the total
grant amount for administrative purposes.
``(6) Maximum grant amount.--The amount of a grant awarded
to a State under this subsection shall not exceed $600,000.
``(7) Annual report.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Secretary shall prepare and submit to Congress a report that
includes the following with respect to the year involved:
``(A) A description of the number of programs
receiving grant awards under this subsection.
``(B) A description of the number of mentors who
serve in the programs described in subparagraph (A).
``(C) A description of the number of mentored
foster children--
``(i) who graduate from high school;
``(ii) who enroll in college; and
``(iii) who are adopted by their mentors.
``(D) A comparison between the rate of drug and
alcohol abuse, teenage pregnancy, delinquency,
homelessness, and other outcome measures for mentored
foster youth and non-mentored foster youth.
``(E) Any other information that the Secretary
determines to be relevant to the evaluation of the
program under this subsection.
``(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$15,000,000 for each of fiscal years 2004 and 2005, and such
sums as may be necessary for each succeeding fiscal year.
``(d) National Coordination of Statewide Mentoring Partnerships.--
``(1) In general.--The Secretary may award a competitive
grant to an eligible entity to establish a National Hotline
Service or Website to provide information to individuals who
are interested in becoming mentors to youth in foster care.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$4,000,000 for each of fiscal years 2004 and 2005, and such
sums as may be necessary for each succeeding fiscal year.
``(e) Loan Forgiveness.--
``(1) Definitions.--In this subsection:
``(A) Eligible mentor.--The term `eligible mentor'
means an individual who has served as a mentor in a
statewide mentor program established under subsection
(c) for at least 200 hours in a single calendar year.
``(B) Federal student loan.--The term `Federal
student loan' means any loan made, insured, or
guaranteed under part B, D, or E of title IV of the
Higher Education Act of 1965.
``(C) Secretary.--The term `Secretary' means the
Secretary of Education.
``(2) Relief from indebtedness.--
``(A) In general.--The Secretary shall carry out a
program to provide for the discharge or cancellation of
the Federal student loan indebtedness of eligible
mentors.
``(B) Method of discharge or cancellation.--A loan
that will be discharged or canceled under the program
under subparagraph (A) shall be discharged or canceled
as provided for using the method under section 437(a),
455(a)(1), or 464(c)(1)(F) of the Higher Education Act
of 1965, as applicable.
``(C) Amount of relief.--The amount of relief to be
provided with respect to a loan under this subsection
shall--
``(i) be equal to $2,000 for each 200 hours
of service of an eligible mentor; and
``(ii) not exceed a total of $12,000 for an
eligible individual.
``(3) Facilitation of claims.--The Secretary shall--
``(A) establish procedures for the filing of
applications for the discharge or cancellation of loans
under this subsection by regulations that shall be
prescribed and published within 90 days after the date
of enactment of this section and without regard to the
requirements of section 553 of title 5, United States
Code; and
``(B) take such actions as may be necessary to
publicize the availability of the program established
under this subsection for eligible mentors.
``(4) Funding.--Amounts available for the purposes of
making payments to lenders in accordance with section 437(a) of
the Higher Education Act of 1965 for the discharge of
indebtedness of deceased or disabled individuals shall be
available for making payments to lenders of loans to eligible
mentors as provided for in this subsection.''. | Foster Care Mentoring Act of 2003 - Amends title IV part B (Child-Welfare Services) of the Social Security Act to direct the Secretary of Health and Human Services to award grants to States to support the establishment or expansion and operation of programs using networks of public and private community entities to provide mentoring for children in foster care.Prescribes program implementation guidelines, including: (1) application requirements; (2) training; (3) screening; (4) educational requirements; (5) Federal and non-Federal share of funds for the Program; (6) considerations in awarding grants; and (7) use of funds.Sets forth a maximum grant amount to be awarded to a State.Authorizes the Secretary to award a competitive grant to an eligible entity to establish a National Hotline Service or Website to provide information to individuals interested in becoming mentors to youth in foster care.Instructs the Secretary of Education to implement a program to provide for the discharge or cancellation of the Federal student loan indebtedness of an eligible mentor. | {"src": "billsum_train", "title": "To support the establishment or expansion and operation of programs using a network of public and private community entities to provide mentoring for children in foster care."} | 2,927 | 222 | 0.532707 | 1.517941 | 0.776538 | 4.537688 | 13.994975 | 0.929648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Job Creation and Innovation
Investment Act of 2011''.
SEC. 2. EXTENSION AND MODIFICATION OF DIVIDENDS RECEIVED DEDUCTION FOR
CERTAIN REPATRIATED FOREIGN EARNINGS.
(a) In General.--Subsection (f) of section 965 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(f) Election.--The taxpayer may elect to apply this section to--
``(1) the taxpayer's last taxable year which begins before
the date of the enactment of the Reinvest in America Act of
2011, or
``(2) the taxpayer's first taxable year which begins during
the 1-year period beginning on such date.
Such election may be made for a taxable year only if made on or before
the due date (including extensions) for filing the return of tax for
such taxable year.''.
(b) Elimination of Limitation.--Subsection (b) of section 965 of
such Code is amended by striking paragraph (1).
(c) Modification of Investment Requirement.--Paragraph (4) of
section 965(b) of the Internal Revenue Code of 1986 is amended to read
as follows:
``(4) Special rule for investment in united states pursuant
to qualified domestic reinvestment plan.--
``(A) In general.--In the case of any dividend (or
portion thereof)--
``(i) with respect to which the taxpayer
elects the application of this paragraph, and
``(ii) which is reinvested in the United
States pursuant to a qualified domestic
reinvestment plan,
subsection (a)(1) shall be applied by substituting `100
percent' for `85 percent'.
``(B) Qualified domestic reinvestment plan.--For
purposes of this paragraph--
``(i) In general.--The term `qualified
domestic reinvestment plan' means a plan
which--
``(I) is approved by the taxpayer's
president, chief executive officer, or
comparable official before the payment
of such dividend and subsequently
approved by the taxpayer's board of
directors, management committee,
executive committee, or similar body,
and
``(II) provides for the
reinvestment of such dividend (or
portion thereof) in the United States,
not later than 3 years after the
payment of such dividend, as a source
funding for research and development
expenses, expansion of facilities,
proof of concept centers, early stage
venture capital investment (including
original investment), or manufacturing
start-up costs (including plant,
equipment, infrastructure, and contract
manufacturing).
``(ii) Proof of concept center.--The term
`proof of concept center' includes activities
within public and private institutions and
universities, which advance inventions by
assessing and validating commercial feasibility
of products or processes, including prototype
development.''.
(d) Threshold Period.--Section 965 of such Code is amended by
striking ``June 30, 2003'' each place it occurs and inserting ``June
30, 2010''.
(e) Indebtedness Determination Date.--Subparagraph (B) of section
965(b)(3) of such Code is amended by striking ``October 3, 2004'' and
inserting ``February 1, 2011''.
(f) Conforming Amendments.--
(1) Subparagraphs (A)(ii)(I) and (C)(ii)(II) of section
965(c)(2) of such Code are each amended by striking
``(b)(2)(B)'' and inserting ``(b)(1)(B)''.
(2) Subclause (II) of section 965(c)(2)(C)(ii) of such Code
is amended by striking ``(b)(2)'' and inserting ``(b)(1)''.
(3) Paragraph (5) of section 965(c) of such Code is
amended--
(A) by striking subparagraphs (B) and (C), and
(B) by striking ``(5) Controlled groups'' and all
that follows through ``All United States shareholders''
and inserting the following:
``(5) Controlled groups.--All United States shareholders''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Job Creation and Innovation Investment Act of 2011 - Amends the Internal Revenue Code, with respect to the tax deduction for dividends received from a controlled foreign corporation, to: (1) eliminate limitations on the amount of such deduction, and (2) allow a 100% deduction for companies that reinvest such dividends in a qualified domestic reinvestment plan. Defines "qualified domestic reinvestment plan" as an approved plan for the reinvestment within three years after payment of such dividends in the United States for research and development expenses, expansion of facilities, proof of content centers, early stage venture capital investment, or manufacturing startup costs. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow temporarily a reduced rate of tax with respect to repatriated foreign earnings."} | 1,007 | 136 | 0.559814 | 1.469203 | 0.671642 | 2.288136 | 7.237288 | 0.864407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifesaving Vaccine Technology Act of
1999''.
SEC. 2. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING VACCINES
AGAINST WIDESPREAD DISEASES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45D. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING VACCINES
AGAINST WIDESPREAD DISEASES.
``(a) General Rule.--For purposes of section 38, the vaccine
research credit determined under this section for the taxable year is
an amount equal to 30 percent of the qualified vaccine research
expenses for the taxable year.
``(b) Qualified Vaccine Research Expenses.--For purposes of this
section--
``(1) Qualified vaccine research expenses.--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `qualified vaccine research
expenses' means the amounts which are paid or incurred
by the taxpayer during the taxable year which would be
described in subsection (b) of section 41 if such
subsection were applied with the modifications set
forth in subparagraph (B).
``(B) Modifications.--For purposes of subparagraph
(A), subsection (b) of section 41 shall be applied--
``(i) by substituting `vaccine research'
for `qualified research' each place it appears
in paragraphs (2) and (3) of such subsection,
and
``(ii) by substituting `75 percent' for `65
percent' in paragraph (3)(A) of such
subsection.
``(C) Exclusion for amounts funded by grants,
etc.--The term `qualified vaccine research expenses'
shall not include any amount to the extent such amount
is funded by any grant, contract, or otherwise by
another person (or any governmental entity).
``(2) Vaccine research.--The term `vaccine research' means
research to develop vaccines and microbicides for--
``(A) malaria,
``(B) tuberculosis,
``(C) HIV, or
``(D) any infectious disease (of a single etiology)
which, according to the World Health Organization,
causes over 1,000,000 human deaths annually.
``(c) Coordination With Credit for Increasing Research
Expenditures.--
``(1) In general.--Except as provided in paragraph (2), any
qualified vaccine research expenses for a taxable year to which
an election under this section applies shall not be taken into
account for purposes of determining the credit allowable under
section 41 for such taxable year.
``(2) Expenses included in determining base period research
expenses.--Any qualified vaccine research expenses for any
taxable year which are qualified research expenses (within the
meaning of section 41(b)) shall be taken into account in
determining base period research expenses for purposes of
applying section 41 to subsequent taxable years.
``(d) Special Rules.--
``(1) Limitations on foreign testing.--No credit shall be
allowed under this section with respect to any vaccine research
(other than human clinical testing) conducted outside the
United States.
``(2) Certain rules made applicable.--Rules similar to the
rules of paragraphs (1) and (2) of section 41(f) shall apply
for purposes of this section.
``(3) Election.--This section (other than subsection (e))
shall apply to any taxpayer for any taxable year only if such
taxpayer elects to have this section apply for such taxable
year.
``(e) Shareholder Equity Investment Credit in Lieu of Research
Credit.--
``(1) In general.--For purposes of section 38, the vaccine
research credit determined under this section for the taxable
year shall include an amount equal to 20 percent of the amount
paid by the taxpayer to acquire qualified research stock in a
corporation if--
``(A) the amount received by the corporation for
such stock is used within 18 months after the amount is
received to pay qualified vaccine research expenses of
the corporation for which a credit would (but for
subparagraph (B) and subsection (d)(3)) be determined
under this section, and
``(B) the corporation waives its right to the
credit determined under this section for the qualified
vaccine research expenses which are paid with such
amount.
``(2) Qualified research stock.--For purposes of paragraph
(1), the term `qualified research stock' means any stock in a C
corporation--
``(A) which is originally issued after the date of
the enactment of the Lifesaving Vaccine Technology Act
of 1999,
``(B) which is acquired by the taxpayer at its
original issue (directly or through an underwriter) in
exchange for money or other property (not including
stock), and
``(C) as of the date of issuance, such corporation
meets the gross assets tests of subparagraphs (A) and
(B) of section 1202(d)(1).''
(b) Inclusion in General Business Credit.--
(1) In general.--Section 38(b) of such Code is amended by
striking ``plus'' at the end of paragraph (11), by striking the
period at the end of paragraph (12) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(13) the vaccine research credit determined under section
45D.''.
(2) Transition rule.--Section 39(d) of such Code is amended
by adding at the end the following new paragraph:
``(9) No carryback of section 45d credit before
enactment.--No portion of the unused business credit for any
taxable year which is attributable to the vaccine research
credit determined under section 45D may be carried back to a
taxable year ending before the date of the enactment of section
45D.''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Qualified Vaccine Research Expenses.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified vaccine research expenses (as defined
in section 45D(b)) otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit
determined for such taxable year under section 45D(a).
``(2) Certain rules to apply.--Rules similar to the rules
of paragraphs (2), (3), and (4) of subsection (c) shall apply
for purposes of this subsection.''.
(d) Deduction for Unused Portion of Credit.--Section 196(c) of such
Code (defining qualified business credits) is amended by striking
``and'' at the end of paragraph (7), by striking the period at the end
of paragraph (8) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(9) the vaccine research credit determined under section
45D(a) (other than such credit determined under the rules of
section 280C(d)(2)).''.
(e) 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. 45D. Credit for medical research
related to developing vaccines
against widespread diseases.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
(g) Distribution of Vaccines Developed Using Credit.--It is the
sense of the Congress that if credit is allowed under section 45D of
the Internal Revenue Code of 1986 to any corporation or shareholder of
a corporation by reason of vaccine research expenses incurred by the
corporation in the development of a vaccine, such corporation should
certify to the Secretary of the Treasury that, within 1 year after that
vaccine is first licensed, such corporation will establish a good faith
plan utilizing technology transfer, differential pricing, in-country
production, or other mechanisms to maximize international access to
high quality and affordable vaccines. The preceding sentence shall not
be construed to waive rights to set prices, patent ownership, or
confidentiality of privileged information.
(h) Study.--The Institute of Medicine shall conduct a study of the
effectiveness of the credit under section 45D of the Internal Revenue
Code of 1986 in stimulating vaccine research. Not later than the date
which is 5 years after the date of the enactment of this Act, the
Institute of Medicine shall submit to the Congress the results of such
study together with any recommendations it may have to improve the
effectiveness of such credit in stimulating vaccine research.
SEC. 3. SENSE OF CONGRESS.
(a) Acceleration of Introduction of Priority Vaccines.--It is the
sense of Congress that the President and Federal agencies (including
the Department of State, the Department of Health and Human Services,
and the Department of the Treasury) should work together in vigorous
support of the creation and funding of a multi-lateral, international
effort, such as a vaccine purchase fund, to accelerate the introduction
of vaccines to which the credit under section 45D of the Internal
Revenue Code of 1986 applies and of other priority vaccines into the
poorest countries in the world.
(b) Flexible Pricing.--It is the sense of Congress that flexible or
differential pricing for vaccines, providing lowered prices for the
poorest countries, is one of several valid strategies to accelerate the
introduction of vaccines in developing countries. | Lifesaving Vaccine Technology Act of 1999 - Amends the Internal Revenue Code to establish an income tax credit for 30 percent of the qualified expenses (excluding amounts funded by any grant, contract, or otherwise by another person or any governmental entity) for medical research related to developing vaccines against widespread diseases like malaria, tuberculosis, HIV, or any infectious disease (of a single etiology) which, according to the World Health Organization, causes over one million human deaths annually.
States that any qualified vaccine research expenses for a taxable year to which an election under this Act applies shall not be taken into account for purposes of determining the credit allowable for increasing research expenditures.
Denies such a credit with respect to any vaccine research (other than human clinical testing) conducted outside the United States.
States that the vaccine research credit shall include an amount equal to 20 percent of the amount paid by the taxpayer to acquire qualified research stock in a corporation if the corporation waives its own right to the credit and meets other specified criteria.
Declares that it is the sense of Congress that if the vaccine research credit is allowed to any corporation or shareholder of a corporation, the corporation should certify to the Secretary of the Treasury that, within one year after that vaccine is first licensed, the corporation will establish a good faith plan utilizing technology transfer, differential pricing, in-country production, or other mechanisms to maximize international access to high quality and affordable vaccines.
Directs the Institute of Medicine to study and report to Congress on the effectiveness of the vaccine research credit in stimulating vaccine research.
Expresses the sense of Congress that the President and Federal agencies (including the Departments of State, Health and Human Services, and the Treasury) should work together in vigorous support of the creation and funding of a multi-lateral, international effort, such as a vaccine purchase fund, to accelerate the introduction of vaccines to which the vaccine research credit applies and of other priority vaccines into the poorest countries in the world.
Expresses the sense of Congress that flexible or differential pricing for vaccines, providing lowered prices for the poorest countries, is one of several valid strategies to accelerate the introduction of vaccines in developing countries. | {"src": "billsum_train", "title": "Lifesaving Vaccine Technology Act of 1999"} | 2,185 | 468 | 0.632708 | 1.8622 | 0.728063 | 6.330969 | 4.621749 | 0.959811 |
SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES.
(a) Reliquidation of Entries.--Notwithstanding sections 514 and 520
of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other
provision of law, the Bureau of Customs and Border Protection shall,
not later than 90 days after the date of the enactment of this Act--
(1) reliquidate the entries listed in subsection (b)
without assessment of antidumping duties or interest; and
(2) refund any antidumping duties and interest which were
previously paid on such entries.
(b) Affected Entries.--The entries referred to in subsection (a)
are the following:
Entry number Date of entry Port
110-3447557-3 03/18/00 Los Angeles
110-3447591-2 03/19/00 Los Angeles
110-3447595-3 03/19/00 Los Angeles
110-1201638-1 03/21/00 Detroit
110-1201639-9 03/21/00 Detroit
110-1201640-7 03/21/00 Detroit
110-3447613-4 03/21/00 Los Angeles
110-1201697-7 03/23/00 Detroit
110-1201695-1 03/23/00 Detroit
110-1201696-9 03/23/00 Detroit
110-1201756-1 03/27/00 Detroit
110-1201757-9 03/27/00 Detroit
110-1201758-7 03/27/00 Detroit
110-1740905-2 03/30/00 Los Angeles
110-1740943-3 03/30/00 Los Angeles
110-1201845-2 03/31/00 Detroit
110-1201813-0 04/03/00 Detroit
110-1201814-8 04/03/00 Detroit
110-1201815-5 04/03/00 Detroit
110-1201875-9 04/04/00 Detroit
110-1201868-4 04/04/00 Detroit
110-1201858-5 04/04/00 Detroit
110-3447959-1 04/11/00 Los Angeles
110-3447958-3 04/11/00 Los Angeles
110-3759536-9 04/12/00 Detroit
110-3759561-7 04/12/00 Detroit
110-3759542-7 04/12/00 Detroit
110-3759540-1 04/12/00 Detroit
110-3447977-3 04/12/00 Los Angeles
110-3759539-3 04/12/00 Detroit
110-3448045-8 04/14/00 Los Angeles
110-3448046-6 04/14/00 Los Angeles
110-3448110-0 04/20/00 Los Angeles
110-3759670-6 04/25/00 Detroit
110-3759673-0 04/25/00 Detroit
110-3759669-8 04/25/00 Detroit
110-3759667-2 04/25/00 Detroit
110-3759671-4 04/25/00 Detroit
110-3759668-0 04/25/00 Detroit
110-3448241-3 04/27/00 Los Angeles
110-3448247-0 04/27/00 Los Angeles
110-3448276-9 04/28/00 Memphis
110-3448274-4 04/28/00 Memphis
110-3448282-7 05/04/00 Memphis
101-4081779-1 05/07/00 Memphis
101-4088945-1 05/23/00 Memphis
101-4089954-3 05/23/00 Memphis
101-4088960-0 05/23/00 Memphis
101-4092192-4 05/25/00 Memphis
101-4089312-3 05/26/00 Detroit
101-4089942-7 05/26/00 Detroit
101-4089893-2 05/26/00 Detroit
101-4092221-1 05/26/00 Memphis
101-4089697-7 05/26/00 Los Angeles
101-4092215-3 05/26/00 Memphis
101-4086053-6 05/26/00 Los Angeles
101-4122700-8 07/27/00 Los Angeles
101-4122707-3 07/27/00 Los Angeles
101-4122712-3 07/27/00 Los Angeles
101-4127147-7 08/03/00 Los Angeles
101-4132485-4 08/09/00 Norfolk
101-4129989-0 08/11/00 Detroit
101-4130345-2 08/17/00 Detroit
101-4129976-7 08/23/00 Detroit
101-4149476-4 09/06/00 Los Angeles
101-4149483-0 09/06/00 Los Angeles
101-4149493-9 09/06/00 Los Angeles
101-4148595-2 09/08/00 Detroit
101-4153301-7 09/18/00 Detroit
101-4154523-5 09/14/00 Los Angeles
101-4153389-2 09/18/00 Detroit
101-4157161-1 09/20/00 Norfolk
101-4153333-0 09/21/00 Detroit
101-4155542-4 09/26/00 Detroit
101-4166291-5 10/07/00 Los Angeles
101-4167325-0 10/09/00 Detroit
101-4167363-1 10/12/00 Detroit
101-4164567-0 10/13/00 Norfolk
101-4168049-5 10/14/00 Los Angeles
101-4172904-5 10/21/00 Los Angeles
101-4175579-2 10/30/00 Los Angeles
101-4183996-8 11/07/00 Detroit
101-4183234-4 11/09/00 Detroit
101-4183251-8 11/09/00 Detroit
101-4183253-4 11/09/00 Detroit
101-4183257-5 11/09/00 Detroit
101-4183264-1 11/09/00 Detroit
101-4183264-1 11/09/00 Detroit
101-4184811-8 11/13/00 Los Angeles
101-4184819-1 11/13/00 Los Angeles
101-4189001-1 11/14/00 Tampa
101-4185526-1 11/16/00 Detroit
101-4185535-2 11/16/00 Detroit
101-4186580-7 11/20/00 Detroit
101-4189830-3 11/20/00 Detroit
101-4189774-3 11/21/00 Detroit
101-4191183-3 11/24/00 Los Angeles
101-4191188-2 11/24/00 Los Angeles
101-4191193-2 11/24/00 Los Angeles
101-4194796-9 11/29/00 Detroit
101-4194801-7 11/29/00 Detroit
101-4196383-4 12/01/00 Los Angeles
101-4196389-1 12/01/00 Los Angeles
101-4199308-8 12/13/00 Detroit | Directs the Bureau of Customs and Border Protection to: (1) reliquidate certain entries of candles without assessment of antidumping duties and interest; and (2) refund any amounts owed. | {"src": "billsum_train", "title": "To provide for the reliquidation of certain entries."} | 1,347 | 39 | 0.461174 | 1.41433 | 0.574903 | 4.057143 | 34.628571 | 0.914286 |
SECTION 1. 2-YEAR EXTENSION OF DEDUCTION OF HEALTH INSURANCE COSTS OF
SELF-EMPLOYED INDIVIDUALS.
(a) Extension.--Section 162(l)(6) of the Internal Revenue Code of
1986 is amended by striking ``1993'' and inserting ``1995''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1993.
SEC. 2. INCREASE IN TAXES ON TOBACCO PRODUCTS.
(a) In General.--
(1) Cigars.--Subsection (a) of section 5701 of the Internal
Revenue Code of 1986 (relating to rate of tax on cigars) is
amended--
(A) by striking ``$1.125 cents per thousand (93.75
cents per thousand on cigars removed during 1991 and
1992)'' in paragraph (1) and inserting ``$1.359 per
thousand''; and
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Large cigars.--On cigars weighing more than 3 pounds
per thousand, a tax equal to 15.41 percent of the price for
which sold but not more than $36.25 per thousand.''
(2) Cigarettes.--Subsection (b) of section 5701 of such
Code (relating to rate of tax on cigarettes) is amended--
(A) by striking ``$12 per thousand ($10 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (1) and inserting ``$14.50 per thousand'';
and
(B) by striking ``$25.20 per thousand ($21 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (2) and inserting ``$30.45 per thousand''.
(3) Cigarette papers.--Subsection (c) of section 5701 of
such Code (relating to rate of tax on cigarette papers) is
amended by striking ``0.75 cent (0.625 cent on cigarette papers
removed during 1991 or 1992)'' and inserting ``0.91 cent''.
(4) Cigarette tubes.--Subsection (d) of section 5701 of
such Code (relating to rate of tax on cigarette tubes) is
amended by striking ``1.5 cents (1.25 cents on cigarette tubes
removed during 1991 or 1992)'' and inserting ``1.81 cents''.
(5) Snuff.--Paragraph (1) of section 5701(e) of such Code
(relating to rate of tax on smokeless tobacco) is amended by
striking ``36 cents (30 cents on snuff removed during 1991 or
1992)'' and inserting ``43.50 cents''.
(6) Chewing tobacco.--Paragraph (2) of section 5701(e) of
such Code is amended by striking ``12 cents (10 cents on
chewing tobacco removed during 1991 or 1992)'' and inserting
``14.5 cents''.
(7) Pipe tobacco.--Subsection (f) of section 5701 of such
Code (relating to rate of tax on pipe tobacco) is amended by
striking ``67.5 cents (56.25 cents on chewing tobacco removed
during 1991 or 1992)'' and inserting ``81.6 cents''.
(b) Floor Stocks.--
(1) Imposition of tax.--On cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco manufactured in or imported into the United States
which is removed before January 1, 1995, and held on such date
for sale by any person, there shall be imposed the following
taxes:
(A) Small cigars.--On cigars, weighing not more
than 3 pounds per thousand, 23.4 cents per thousand.
(B) Large cigars.--On cigars, weighing more than 3
pounds per thousand, a tax equal to 2.66 percent of the
price for which sold, but not more than $6.25 per
thousand.
(C) Small cigarettes.--On cigarettes, weighing not
more than 3 pounds per thousand, $2.50 per thousand.
(D) Large cigarettes.--On cigarettes, weighing more
than 3 pounds per thousand, $5.25 per thousand; except
that, if more than 6\1/2\ inches in length, they shall
be taxable at the rate prescribed for cigarettes
weighing not more than 3 pounds per thousand, counting
each 2\3/4\ inches, or fraction thereof, of the length
of each as one cigarette.
(E) Cigarette papers.--On cigarette papers, 0.16
cent for each 50 papers or fractional part thereof;
except that, if cigarette papers measure more than 6\1/
2\ inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette paper.
(F) Cigarette tubes.--On cigarette tubes, 0.31 cent
for each 50 tubes or fractional part thereof; except
that, if cigarette tubes measure more than 6\1/2\
inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette tube.
(G) Snuff.--On snuff, 7.5 cents per pound and a
proportionate tax at the like rate on all fractional
parts of a pound.
(H) Chewing tobacco.--On chewing tobacco, 2.5 cents
per pound and a proportionate tax at the like rate on
all fractional parts of a pound.
(I) Pipe tobacco.--On pipe tobacco, 14.1 cents per
pound and a proportionate tax at the like rate on all
fractional parts of a pound.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding cigars,
cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco on January 1, 1995,
to which any tax imposed by paragraph (1) applies shall
be liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be treated as a tax imposed under
section 5701 of the Internal Revenue Code of 1986 and
shall be due and payable on February 15, 1995, in the
same manner as the tax imposed under such section is
payable with respect to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and
pipe tobacco removed on January 1, 1995.
(3) Cigars, cigarettes, cigarette paper, cigarette tubes,
snuff, chewing tobacco, and pipe tobacco.--For purposes of this
subsection, the terms ``cigar'', ``cigarette'', ``cigarette
paper'', ``cigarette tubes'', ``snuff'', ``chewing tobacco'',
and ``pipe tobacco'' shall have the meaning given to such terms
by subsections (a), (b), (e), and (g), paragraphs (2) and (3)
of subsection (n), and subsection (o) of section 5702 of the
Internal Revenue Code of 1986, respectively.
(4) Exception for retail stocks.--The taxes imposed by
paragraph (1) shall not apply to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco in retail stocks held on January 1, 1995, at the place
where intended to be sold at retail.
(5) Foreign trade zones.--Notwithstanding the Act of June
18, 1934 (19 U.S.C. 81a et seq.) or any other provision of
law--
(A) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco--
(i) on which taxes imposed by Federal law
are determined, or customs duties are
liquidated, by a customs officer pursuant to a
request made under the first proviso of section
3(a) of the Act of June 18, 1934 (19 U.S.C.
81c(a)) before January 1, 1995, and
(ii) which are entered into the customs
territory of the United States on or after
January 1, 1995, from a foreign trade zone, and
(B) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco which--
(i) are placed under the supervision of a
customs officer pursuant to the provisions of
the second proviso of section 3(a) of the Act
of June 18, 1934 (19 U.S.C. 81c(a)) before
January 1, 1995, and
(ii) are entered into the customs territory
of the United States on or after January 1,
1995, from a foreign trade zone,
shall be subject to the tax imposed by paragraph (1) and such
cigars, cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco shall, for purposes of
paragraph (1), be treated as being held on January 1, 1995, for
sale.
(c) Effective Date.--The amendments made by this section
shall apply with respect to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco removed after December 31, 1994. | Amends the Internal Revenue Code to extend the deduction for health insurance costs of self-employed individuals until December 31, 1995.
Increases the excise tax on: (1) cigars; (2) cigarettes; (3) cigarette papers and tubes; (4) snuff; and (5) chewing and pipe tobacco. Imposes a tax on the floor stocks of such tobacco products which are removed before January 1, 1995. Imposes such tax on such products entered into the United States from foreign trade zones before such date. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend the deduction for health insurance costs of self-employed individuals, to increase the taxes on tobacco products, and for other purposes."} | 2,092 | 108 | 0.58346 | 1.521509 | 0.702752 | 2.266667 | 17.019048 | 0.895238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Energy Infrastructure
Act''.
SEC. 2. FINDING.
Congress finds that the United States should establish a more
uniform, transparent, and modern process for the construction,
connection, operation, and maintenance of oil and natural gas pipelines
and electric transmission facilities for the import and export of oil
and natural gas and the transmission of electricity to and from Canada
and Mexico, in pursuit of a more secure and efficient North American
energy market.
SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE
NATIONAL BOUNDARY OF THE UNITED STATES.
(a) Authorization.--Except as provided in subsection (c) and
section 7, no person may construct, connect, operate, or maintain a
cross-border segment of an oil pipeline or electric transmission
facility for the import or export of oil or the transmission of
electricity to or from Canada or Mexico without obtaining a certificate
of crossing for the construction, connection, operation, or maintenance
of the cross-border segment under this section.
(b) Certificate of Crossing.--
(1) Requirement.--Not later than 120 days after final
action is taken under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border
segment for which a request is received under this section, the
relevant official identified under paragraph (2), in
consultation with appropriate Federal agencies, shall issue a
certificate of crossing for the cross-border segment unless the
relevant official finds that the construction, connection,
operation, or maintenance of the cross-border segment is not in
the public interest of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of State with respect to oil
pipelines; and
(B) the Secretary of Energy with respect to
electric transmission facilities.
(3) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for the construction, connection, operation, or
maintenance of a cross-border segment of an electric
transmission facility, the Secretary of Energy shall require,
as a condition of issuing the certificate of crossing for the
request under paragraph (1), that the cross-border segment of
the electric transmission facility be constructed, connected,
operated, or maintained consistent with all applicable policies
and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or
Independent System Operator with operational or
functional control over the cross-border segment of the
electric transmission facility.
(c) Exclusions.--This section shall not apply to any construction,
connection, operation, or maintenance of a cross-border segment of an
oil pipeline or electric transmission facility for the import or export
of oil or the transmission of electricity to or from Canada or Mexico--
(1) if the cross-border segment is operating for such
import, export, or transmission as of the date of enactment of
this Act;
(2) if a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued;
(3) if a certificate of crossing for such construction,
connection, operation, or maintenance has previously been
issued under this section; or
(4) if an application for a permit described in section 6
for such construction, connection, operation, or maintenance is
pending on the date of enactment of this Act, until the earlier
of--
(A) the date on which such application is denied;
or
(B) July 1, 2016.
(d) Effect of Other Laws.--
(1) Application to projects.--Nothing in this section or
section 7 shall affect the application of any other Federal
statute to a project for which a certificate of crossing for
the construction, connection, operation, or maintenance of a
cross-border segment is sought under this section.
(2) Energy policy and conservation act.--Nothing in this
section or section 7 shall affect the authority of the
President under section 103(a) of the Energy Policy and
Conservation Act.
SEC. 4. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA AND MEXICO.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended--
(1) by striking, ``For purposes of subsection (a) of this
section'' and inserting the following:
``(1) In general.--For purposes of subsection (a)''; and
(2) by adding at the end the following:
``(2) Deadline for approval of applications relating to
canada and mexico.--In the case of an application for the
importation or exportation of natural gas to or from Canada or
Mexico, the Commission shall approve the application not later
than 30 days after the date of receipt of the application.''.
SEC. 5. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202(e) of the
Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(b) Conforming Amendments.--
(1) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that follows
through the period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed transmission
facilities would not impair the sufficiency of electric supply
within the United States or would not impede or tend to impede
the coordination in the public interest of facilities subject
to the jurisdiction of the Secretary.''.
SEC. 6. NO PRESIDENTIAL PERMIT REQUIRED.
No Presidential permit (or similar permit) required under Executive
Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3
U.S.C. 301 note), section 301 of title 3, United States Code, Executive
Order No. 12038, Executive Order No. 10485, or any other Executive
order shall be necessary for the construction, connection, operation,
or maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof.
SEC. 7. MODIFICATIONS TO EXISTING PROJECTS.
No certificate of crossing under section 3, or permit described in
section 6, shall be required for a modification to the construction,
connection, operation, or maintenance of an oil or natural gas pipeline
or electric transmission facility--
(1) that is operating for the import or export of oil or
natural gas or the transmission of electricity to or from
Canada or Mexico as of the date of enactment of the Act;
(2) for which a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued; or
(3) for which a certificate of crossing for the cross-
border segment of the pipeline or facility has previously been
issued under section 3.
SEC. 8. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 3 through 7, and the amendments made
by such sections, shall take effect on July 1, 2015.
(b) Rulemaking Deadlines.--Each relevant official described in
section 3(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a proposed
rulemaking to carry out the applicable requirements of section
3; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to carry
out the applicable requirements of section 3.
SEC. 9. DEFINITIONS.
In this Act--
(1) the term ``cross-border segment'' means the portion of
an oil or natural gas pipeline or electric transmission
facility that is located at the national boundary of the United
States with either Canada or Mexico;
(2) the term ``modification'' includes a change in
ownership, volume expansion, downstream or upstream
interconnection, or adjustment to maintain flow (such as a
reduction or increase in the number of pump or compressor
stations);
(3) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(4) the term ``oil'' means petroleum or a petroleum
product;
(5) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o); and
(6) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796). | North American Energy Infrastructure Act - Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act. Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969, unless it is not in U.S. public interest. Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with specified policies and standards. Amends the Natural Gas Act to require the Federal Energy Regulatory Commission (FERC) to approve within 30 days after receipt any application for the importation or exportation of natural gas to or from Canada or Mexico. Declares that no presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment. | {"src": "billsum_train", "title": "North American Energy Infrastructure Act"} | 2,049 | 278 | 0.71494 | 2.140123 | 0.912718 | 5.103586 | 7.474104 | 0.928287 |
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This Act may be cited as the ``Family Unity Demonstration Project
Act of 1993''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) An increasing number of children are becoming separated
from their primary caretaker parents due to the incarceration
of such parents in prisons and jails.
(2) This separation of children from their primary
caretaker parents can cause irreparable harm to the children's
psychological well-being and hinder their growth and
development.
(3) A significant number of children are born shortly
before or during the incarceration of their mothers and are
then quickly separated from their mothers, preventing the
parent-child bonding that is crucial to developing in children
a sense of security and trust.
(4) Maintaining close relationships with their children
provides a powerful incentive for prisoners to participate in
and successfully benefit from rehabilitative programs.
(5) Maintaining strong family ties during imprisonment has
been shown to decrease recidivism, thereby reducing prison
costs.
(b) Purposes.--The purposes of this Act are--
(1) to create demonstration projects designed to alleviate
the harm to children and primary caretaker parents caused by
separation due to the incarceration of such parents,
(2) to promote development of policies to assign prisoners
whenever possible to correctional facilities for which they
qualify closest to their family homes,
(3) to reduce prison populations,
(4) to reduce recidivism rates of prisoners by encouraging
strong and supportive family relationships, and
(5) to reduce the cost of providing correctional services
and maintaining traditional correctional facilities by
decreasing recidivism and maintaining community correctional
facilities at lower cost.
SEC. 103. DEFINITIONS.
For purposes of this Act:
(1) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(2) Child.--The term ``child'' means an individual who is
less than 6 years of age.
(3) Community correctional facility.--The term ``community
correctional facility'' means a residential facility that--
(A) is used only for eligible prisoners and their
children,
(B) is neither physically part of, nor in the
vicinity of, a jail or prison,
(C) is located in a nonrural area,
(D) has a maximum capacity of 25 prisoners in
addition to their children, and
(E) provides to residents--
(i) a safe, wholesome, stable, caring, and
stimulating environment for children, under the
supervision of child development professionals,
(ii) pediatric and adult medical care
consistent with medical standards,
(iii) culturally sensitive programs to
improve the stability of the parent-child
relationship, including educating parents
regarding--
(I) child development, and
(II) household management,
(iv) alcoholism and drug addiction
treatment for prisoners and age-appropriate
substance abuse education for their children,
(v) programs and support services to help
residents--
(I) to improve and maintain mental
and physical health, including access
to counseling and other community
services,
(II) to obtain adequate housing
upon release from State incarceration,
(III) to obtain suitable education,
employment, or training for employment,
and
(IV) to obtain suitable child care.
(4) Eligible prisoner.--The term ``eligible prisoner''
means a primary caretaker parent who--
(A) is sentenced to a term of imprisonment of not
more than 10 years,
(B) is incarcerated currently to serve such
sentence,
(C) is not eligible currently for probation or
parole until the expiration of a period exceeding 180
days, and
(D) has never been convicted of--
(i) homicide,
(ii) inflicting, or threatening to inflict,
serious bodily injury on another individual,
for which the term of imprisonment exceeds 1
year,
(iii) kidnapping,
(iv) child neglect or mental, physical, or
sexual abuse of a child,
(v) forcible rape, or
(vi) sodomy or oral copulation, by force.
(5) Institute.--The term ``Institute'' means the National
Institute of Corrections.
(6) Primary caretaker parent.--The term ``primary caretaker
parent'' means--
(A) a parent who--
(i) has exclusive legal custody of a child,
and
(ii) before incarceration, assumed
responsibility for the housing (including
temporary placement in the home of a
responsible adult), health, and safety of such
parent's child, or
(B) a woman who gives birth to a child during, or
in the 1-year period preceding, the term for which such
woman is currently incarcerated.
(7) State.--The term ``State'' means any of the several
States or the District of Columbia.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated
$8,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, and
1997 to carry out this Act.
(b) Availability of Appropriations.--Of the amount appropriated
under subsection (a) for any fiscal year--
(1) 80 percent shall be available to carry out title II,
and
(2) 20 percent shall be available to carry out title III.
TITLE II--GRANTS TO STATES
SEC. 201. AUTHORITY TO MAKE GRANTS.
(a) General Authority.--The Director of the Institute is authorized
to make grants, on a competitive basis, to States to carry out in
accordance with this title family unity demonstration projects that
enable eligible prisoners to live in community correctional facilities
with their children.
(b) Preference.--For the purpose of making grants under subsection
(a), the Institute shall give preference to any eligible State that
includes in the application required by section 202 assurances that if
such State receives such a grant--
(1) both the State corrections agency and the State health
and human services agency will participate substantially in,
and cooperate closely in all aspects of, the development and
operation of the family unity demonstration project for which
such a grant is requested,
(2) public and nonprofit private community-based
organizations will be integrally involved in carrying out such
project, both in an advisory capacity and as contractors,
(3) boards made up of community residents, local
businesses, corrections officials, former prisoners, child
development professionals, educators, and maternal and child
health professionals will be established to advise the State
regarding the operation of such project,
(4) the State will show a commitment to using community
placement as an alternative to traditional incarceration, to
decrease the prison population and not as an alternative to
placement in halfway houses,
(5) the State will target economically disadvantaged,
incarcerated prisoners and their children for participation in
such project,
(6) the State has in effect a policy that provides for the
placement of all prisoners, whenever possible, in correctional
facilities for which they qualify that are located closest to
their respective family homes,
(7) the State will implement such project not later than
180 days after receiving a grant under subsection (a) and will
expend all of such grant during a 1-year period, and
(8) for the purpose of selecting eligible prisoners to
participate in such project, the State will--
(A) give written notice to a prisoner, not later
than 30 days after the State first receives a grant
under subsection (a) or 30 days after such prisoner is
sentenced to a term of imprisonment of not more than 10
years (whichever is later), of the proposed or current
operation of such project, as the case may be,
(B) accept at any time such project is in operation
an application by such prisoner to participate in such
project if, at the time of application, the remainder
of the sentence of such prisoner exceeds 180 days,
(C) review applications by prisoners in the
sequence in which the State receives such applications,
(D) not less than 10 days before reviewing a
particular application to participate in such project,
the State will give to the prisoner who submitted such
application and to each caretaker, custodian, or
guardian of the child of such prisoner written notice
that--
(i) the State will review such application,
(ii) for the purpose of such review, there
is a rebuttable presumption that it is in the
best interest of such child to resume living
with such prisoner if such application is
approved, and
(iii) the State will accept from the
recipients of such notice comments with respect
to such application, and
(E) not more than 40 days after giving such
notice--
(i) approve or disapprove such application,
and
(ii) give such prisoner and such caretaker,
custodian, or guardian written notice of, and a
statement of the reasons for, the approval or
disapproval of such application.
(c) Selection of Grantees.--The Institute shall make grants under
subsection (a) on a competitive basis, based on such criteria as the
Institute shall issue by rule and taking into account the preference
required by subsection (b).
(d) Number of Grants.--In any fiscal year for which funds are
available to carry out this title, the Institute shall make grants to 5
eligible States geographically dispersed throughout all regions of the
United States.
SEC. 202. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 201(a), a State
shall submit to the Institute an application at such time, in such
form, and containing such information, as the Institute reasonably may
require by rule.
SEC. 203. REPORT.
Each State that receives a grant under this title shall submit a
report to the Institute regarding the family unity demonstration
project for which such grant is expended. Such report shall be
submitted not later than 90 days after the 1-year period in which such
grant is required to be expended. Such report shall--
(1) specify the number of prisoners who submitted, in such
1-year period, applications to participate in such project and
the number of prisoners who were placed in such project,
(2) specify, with respect to prisoners placed in such
project, the number of prisoners who returned from such project
to prison or jail,
(3) a description of the nature and scope of educational
and training activities provided to prisoners participating in
such project, and
(4) specify the number, and describe the scope of,
contracts made with public and nonprofit private community-
based organizations to carry out such project.
TITLE III--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS
SEC. 301. AUTHORITY OF THE ATTORNEY GENERAL.
With funds available to carry out this title for the benefit of
federal prisoners and acting through the Bureau of Prisons, the
Attorney General shall carry out a family unity demonstration project
that enables eligible prisoners to live in community correctional
facilities with their children.
SEC. 302. REQUIREMENTS.
For the purpose of carrying out a family unity demonstration
project under section 301, the Attorney General shall--
(1) comply with the requirements specified in paragraphs
(2), (3), (4), (5), (7), and (8) of section 201(b) to the
extent a recipient of a grant under section 201(a) is required
to comply with such requirements,
(2) consult with the Secretary of Health and Human Services
regarding the development and operation of such project, and
(3) submit to the National Institute of Corrections a
report of the kind described, and at the time specified, in
section 203 regarding the operation of such project. | TABLE OF CONTENTS:
Title I: General Provisions
Title II: Grants to States
Title III: Family Unity Demonstration Project for Federal
Prisoners
Title I: General Provisions
- Family Unity Demonstration Project Act of 1993 - Authorizes appropriations for State (80 percent) and Federal (20 percent) family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with their children for purposes of alleviating harm to children and primary caretaker parents caused by separation due to incarceration, promoting policies to assign prisoners to correctional facilities for which they qualify closest to their family homes, reducing prison populations and recidivism rates, and reducing the cost of providing correctional services.
Title II: Grants to States
- Authorizes the Director of the National Institute of Corrections (NIC) to make grants to States to carry out such projects, giving preference to States providing assurances that: (1) the State corrections and health and human services agencies will participate and cooperate closely in the development and operation of the project; (2) public and nonprofit private community-based organizations will be integrally involved; (3) the State will target economically disadvantaged, incarcerated prisoners and their children for participation; (4) the State has a policy that provides for the placement of prisoners in correctional facilities for which they qualify that are located closest to their family homes; and (5) the State will follow specified guidelines in selecting prisoners to participate.
Directs the NIC to make grants on a competitive basis to five eligible States geographically dispersed throughout the United States.
Sets forth conditions for grant eligibility and State reporting requirements.
Title III: Family Unity Demonstration Project for Federal Prisoners
- Directs the Attorney General to: (1) carry out a family unity demonstration project that enables eligible prisoners to live in community correctional facilities with their children; (2) comply with preference and reporting requirements established under this Act; and (3) consult with the Secretary of Health and Human Services regarding development and operation of such project. | {"src": "billsum_train", "title": "Family Unity Demonstration Project Act of 1993"} | 2,595 | 428 | 0.583465 | 1.887864 | 0.834702 | 3.843038 | 6.172152 | 0.896203 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Health Savings
Account Expansion Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, etc.
TITLE I--EXPANSION OF HEALTH SAVINGS ACCOUNTS
Sec. 101. Repeal of high deductible health plan requirement.
Sec. 102. Health insurance may be purchased from account.
Sec. 103. Increase in dollar limitation.
Sec. 104. Effective date.
TITLE II--TERMINATION OF EXISTING HEALTH-RELATED TAX PREFERENCES FOR
MEDICAL COVERAGE, MEDICAL CARE, ETC
Sec. 201. Termination of existing health-related tax preferences for
medical coverage, medical care, etc.
Sec. 202. Termination of employer deduction for health coverage.
TITLE I--EXPANSION OF HEALTH SAVINGS ACCOUNTS
SEC. 101. REPEAL OF HIGH DEDUCTIBLE HEALTH PLAN REQUIREMENT.
(a) In General.--Section 223 of the Internal Revenue Code of 1986
is amended by striking subsection (c) and redesignating subsections (d)
through (h) as subsections (c) through (g), respectively.
(b) Conforming Amendments.--
(1) Subsection (a) of section 223 of such Code is amended
to read as follows:
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction for a taxable year an amount equal to the
aggregate amount paid in cash during such taxable year by or on behalf
of such individual to a health savings account of such individual.''.
(2) Subsection (b) of section 223 of such Code is amended
by striking paragraph (8).
(3) Subparagraph (A) of section 223(c)(1) of the Internal
Revenue Code of 1986 (as redesignated by subsection (a)) is
amended--
(A) by striking ``subsection (f)(5)'' and inserting
``subsection (e)(5)'', and
(B) in clause (ii)--
(i) by striking ``the sum of--'' and all
that follows and inserting ``the dollar amount
in effect under subsection (b)(1).''.
(4) Section 223(f)(1) of such Code (as redesignated by
subsection (a)) is amended by striking ``Each dollar amount in
subsections (b)(2) and (c)(2)(A)'' and inserting ``In the case
of a taxable year beginning after December 31, 2010, each
dollar amount in subsection (b)(1)''.
(5) Section 26(b)(U) of such Code is amended by striking
``section 223(f)(4)'' and inserting ``section 223(e)(4)''.
(6) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v),
4973(a)(5), and 6051(a)(12) of such Code are each amended by
striking ``section 223(d)'' each place it appears and inserting
``section 223(c)''.
(7) Section 106(d)(1) of such Code is amended--
(A) by striking ``who is an eligible individual (as
defined in section 223(c)(1))'', and
(B) by striking ``section 223(d)'' and inserting
``section 223(c)''.
(8) Section 408(d)(9) of such Code is amended--
(A) in subparagraph (A) by striking ``who is an
eligible individual (as defined in section 223(c))
and'', and
(B) in subparagraph (C) by striking ``computed on
the basis of the type of coverage under the high
deductible health plan covering the individual at the
time of the qualified HSA funding distribution''.
(9) Section 877A(g)(6) of such Code is amended by striking
``223(f)(4)'' and inserting ``223(e)(4)''.
(10) Section 4973(g) of such Code is amended--
(A) by striking ``section 223(d)'' and inserting
``section 223(c)'',
(B) in paragraph (2), by striking ``section
223(f)(2)'' and inserting ``section 223(e)(2)'', and
(C) by striking ``section 223(f)(3)'' and inserting
``section 223(e)(3)''.
(11) Section 4975 of such Code is amended--
(A) in subsection (c)(6)--
(i) by striking ``section 223(d)'' and
inserting ``section 223(c)'', and
(ii) by striking ``section 223(e)(2)'' and
inserting ``section 223(d)(2)'', and
(B) in subsection (e)(1)(E), by striking ``section
223(d)'' and inserting ``section 223(c)''.
(12) Section 6693(a)(2)(C) of such Code is amended by
striking ``section 223(h)'' and inserting ``section 223(g)''.
SEC. 102. HEALTH INSURANCE MAY BE PURCHASED FROM ACCOUNT.
Paragraph (2) of section 223(d) of the Internal Revenue Code of
1986 is amended to read as follows:
``(2) Qualified medical expenses.--The term `qualified
medical expenses' means, with respect to an account
beneficiary, amounts paid by such beneficiary for medical care
(as defined in section 213(d)) for such individual, the spouse
of such individual, and any dependent (as defined in section
152, determined without regard to subsections (b)(1), (b)(2),
and (d)(1)(B) thereof) of such individual, but only to the
extent such amounts are not compensated for by insurance or
otherwise.''.
SEC. 103. INCREASE IN DOLLAR LIMITATION.
(a) In General.--Paragraph (1) of section 223(b) of the Internal
Revenue Code of 1986 is amended by striking ``the sum of the monthly''
and all that follows through ``eligible individual'' and inserting
``$8,000 ($16,000 in the case of a joint return)''.
(b) Conforming Amendments.--
(1) Subsection (b) of such Code is amended by striking
paragraphs (2), (3), and (5) and by redesignating paragraphs
(4), (6), and (7) as paragraphs (2), (3), and (4),
respectively.
(2) Paragraph (2) of section 223(b) of such Code (as
redesignated by paragraph (1)) is amended by striking the last
sentence.
(3) Paragraph (4) of section 223(b) of such Code (as
redesignated by paragraph (1)) is amended to read as follows:
``(4) Medicare eligible individuals.--The limitation under
this subsection for any taxable year with respect to an
individual shall--
``(A) in the case of the first taxable year in
which such individual is entitled to benefits under
title XVIII of the Social Security Act, be the amount
which bears the same proportion to the amount in effect
under paragraph (1) with respect to such individual
as--
``(i) the number of months in the taxable
year during which such individual was not so
entitled, bears
``(ii) to 12, and
``(B) be zero for any taxable year thereafter.''.
(4) Subparagraph (B) of section 223(f)(1) of such Code (as
redesignated by section 101) is amended to read as follows:
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
such taxable year begins determined by substituting
`calendar year 2009' for `calendar year 1992'.''.
SEC. 104. EFFECTIVE DATE.
The amendments made by this title shall apply to taxable years
beginning after the date of the enactment of this Act.
TITLE II--TERMINATION OF EXISTING HEALTH-RELATED TAX PREFERENCES FOR
MEDICAL COVERAGE, MEDICAL CARE, ETC
SEC. 201. TERMINATION OF EXISTING HEALTH-RELATED TAX PREFERENCES FOR
MEDICAL COVERAGE, MEDICAL CARE, ETC.
(a) Amounts Received Under Accident and Health Plans.--Section 105
of the Internal Revenue Code of 1986 is amended by adding at the end
the following:
``(k) Termination.--This section shall not apply to taxable years
beginning after December 31, 2009.''.
(b) Contributions by Employer to Accident and Health Plans.--
(1) In general.--Section 106 of such Code is amended by
adding at the end the following:
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2009.''.
(2) Conforming amendment.--Subparagraph (B) of section
223(b)(2) of such Code, as amended by section 103 of this Act,
is amended by striking ``which is excludable from the
taxpayer's gross income for such taxable year under section
106(d)'' and inserting ``which would have been excludable from
the taxpayer's gross income for such taxable year under section
106(d) (determined as if such section was in effect on the day
before the date of enactment of the Health Savings Account
Expansion Act of 2009)''.
(c) Special Rules for Health Insurance Costs of Self-Employed
Individuals.--Paragraph (1) of section 162(l) of such Code is amended
by adding at the end the following new subparagraph:
``(C) Years after 2009.--In the case of any taxable
year beginning in a calendar year after 2009, the
applicable percentage shall be zero.''.
(d) Medical, Dental, etc., Expenses.--Section 213 of such Code is
amended by adding at the end the following:
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2009.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 202. TERMINATION OF EMPLOYER DEDUCTION FOR HEALTH COVERAGE.
(a) In General.--Section 162 of the Internal Revenue Code of 1986
is amended by redesignating subsection (q) as subsection (r) and by
inserting after subsection (p) the following new subsection:
``(q) Denial of Deduction for Medical Care.--No deduction shall be
allowed under this chapter to an employer for any amount paid or
incurred with respect to an employee, his spouse, and dependents during
the taxable year--
``(1) for insurance which constitutes medical care,
``(2) under a health flexible spending arrangement or
health reimbursement arrangement,
``(3) to an Archer MSA or a health savings account, or
``(4) under any other arrangement under which the employer
provides medical care, directly or indirectly, to the employee,
spouse, or dependent.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2009. | Health Savings Account Expansion Act of 2009 - Amends Internal Revenue Code provisions relating to health savings accounts (HSAs) to: (1) eliminate the high deductible health plan coverage requirement for HSA participants; (2) eliminate the prohibition against purchasing health insurance from an HSA; and (3) increase to $8,000 the maximum dollar amount of the tax deduction for payments to an HSA.
Eliminates after 2009 the tax exclusions for employee benefits under an employer-provided accident or health plan and the tax deductions for the health insurance costs of self-employed individuals, for medical and dental expenses, and for employer payments for employee medical care. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the permissible use of health savings accounts to include health insurance payments and to increase the dollar limitation for contributions to health savings accounts, and for other purposes."} | 2,685 | 136 | 0.528215 | 1.259603 | 0.611221 | 1.878049 | 17.96748 | 0.837398 |
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