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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hudson-Mohawk River Basin Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Hudson-Mohawk River Basin together with the Erie
Canal connects the Great Lakes to the Atlantic Ocean and
includes the approximately 13,400 square mile area encompassing
the following five large sub-basins:
(A) The Upper Hudson River sub-basin.
(B) The Mohawk River sub-basin.
(C) The Lower Hudson River sub-basin.
(D) The Passaic River sub-basin.
(E) The Raritan River sub-basin.
(2) The Hudson-Mohawk River Basin includes the New York-New
Jersey metropolitan area, which is the largest metropolitan
area of the country. This metropolitan area, together with the
many communities in the Upper Hudson, Mohawk, and Lower Hudson
sub-basins, makes the area one of the most densely and heavily
populated river basins in the country, with over 15,000,000
people.
(3) The water resources of the Hudson-Mohawk River Basin
are functionally interrelated and their uses are
interdependent. A dedicated program is essential to provide
effective communication, coordination, and cooperation among
Federal, State, and local governments, nongovernmental
organizations, and the private sector.
(4) The New York-New Jersey Harbor Estuary is a complex
natural harbor at the junction of three major water bodies, the
New York Bight, the Hudson River, and the Long Island Sound. In
addition, it receives freshwater inputs from the Raritan and
Passaic Rivers. The health and productivity of the New York
Bight are affected directly by the quality of the freshwater
inputs to the estuary from the Hudson, Passaic, and Raritan
Rivers.
(5) The Mohawk River and its watershed drain directly into
the Hudson River, providing the largest freshwater input to the
brackish water mix that characterizes the Hudson River Estuary
and supports a biologically rich and productive ecosystem.
(6) The Mohawk River is integrated with the Erie Canal
along much of its channel, tying the operation of the canal
system to the health of the Mohawk and Hudson Rivers.
(7) Individuals in many communities throughout the Hudson-
Mohawk River Basin have experienced devastating flooding that
has led to tremendous costs for homeowners, businesses, and
State and local governments. A holistic approach to river and
stream monitoring, updated floodplain maps, and development of
floodplain management strategies based upon improved
understanding of the Hudson-Mohawk River Basin's hydrology
would make communities safer and more resilient to flood
events.
(8) Climate change is occurring and, as a result, sea level
rise along the United States eastern coastline will increase
the vulnerability of coastal communities to storm surge and
flooding in the New York-New Jersey harbors and along the major
rivers in the Hudson-Mohawk River Basin.
(9) Each of the subwatersheds of the Hudson-Mohawk River
Basin receives the support of programs administered by Federal,
State, regional, and local organizations.
(10) New York, New Jersey, Vermont, Massachusetts, and
Connecticut have a long history of achievements working
together on resource management issues through their
memberships in the Delaware River Basin Commission, the
Susquehanna River Basin Commission, the Appalachian Regional
Commission, the New England Interstate Water Pollution Control
Commission, and the Lake Champlain Basin Program.
(11) The impacts experienced as a result of recent
hurricanes and storms illustrate the need for integrated,
basin-wide planning to address water management challenges and
vulnerability to flooding.
(12) Protecting wetlands, expanding use of green
infrastructure, strengthening dams and levees, and upgrading
wastewater and water treatment infrastructure will be necessary
to reduce the impacts of extreme weather events and maintain
water quality and public health.
SEC. 3. DEFINITIONS.
In this Act:
(1) Basin state.--The term ``Basin State'' means each of
the States of New York, New Jersey, Connecticut, Massachusetts,
and Vermont.
(2) Grant program.--The term ``grant program'' means the
Hudson-Mohawk River Basin grant program established under
section 5.
(3) Hudson-mohawk river basin.--The term ``Hudson-Mohawk
River Basin'' means the area of drainage of the Hudson, Mohawk,
Passaic, and Raritan Rivers and their tributaries into the New
York-New Jersey Harbor Estuary.
(4) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife to preserve and
improve ecosystems and ecological processes on which they
depend, and for use and enjoyment by the public.
(5) Restoration program.--The term ``restoration program''
means the Hudson-Mohawk River Basin restoration program
established under section 4.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Water resources.--The term ``water resources'' means
all surface waters and ground waters contained or otherwise
originating within the Hudson-Mohawk River Basin.
SEC. 4. RESTORATION PROGRAM ESTABLISHMENT.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a nonregulatory
program to be known as the ``Hudson-Mohawk River Basin Restoration
Program''.
(b) Duties.--In carrying out the restoration program, the Secretary
shall--
(1) draw on existing and new management plans for the
Hudson-Mohawk River Basin, or portions of the Basin, and work
in consultation with applicable management entities, including
representatives of the Federal Government, State and local
governments, and regional and nonprofit organizations, as
appropriate, to identify, prioritize, and implement water
resources activities within the Basin;
(2) adopt a Basin-wide strategy that--
(A) coordinates activities being undertaken by the
Basin States, advisory committees, local governments,
institutions of higher education, and nongovernmental
organizations to address environmental, economic, and
cultural issues associated with the management and use
of water resources in the Hudson-Mohawk River Basin;
and
(B) supports the implementation of a shared set of
science-based restoration and protection activities
developed in accordance with paragraph (1); and
(3) establish the Hudson-Mohawk River Basin grant program
in accordance with section 5.
(c) Coordination.--In establishing the restoration program, the
Secretary shall consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Administrator of the National Oceanic and
Atmospheric Administration;
(C) the Chief of the Natural Resources Conservation
Service;
(D) the Chief of Engineers of the Corps of
Engineers; and
(E) the head of any other applicable agency;
(2) the Governors of the Basin States;
(3) other public agencies and organizations with authority
for the planning and implementation of conservation strategies
in the Hudson-Mohawk River Basin;
(4) institutions of higher education and nongovernmental
organizations; and
(5) other parties as determined by the Secretary.
(d) Purposes.--The purposes of the restoration program include--
(1) addressing the management, development, conservation,
and use of water resources throughout the Hudson-Mohawk River
Basin;
(2) coordinating restoration and protection activities
among Federal, State, local, and regional entities and
conservation partners throughout the Hudson-Mohawk River Basin;
(3) carrying out coordinated restoration and protection
activities and providing for technical assistance throughout
the Hudson-Mohawk River Basin and Basin States--
(A) to sustain and enhance fish and wildlife
habitat restoration and protection activities;
(B) to improve and maintain water quality to
support fish and wildlife, as well as the habitats of
fish and wildlife, and drinking water;
(C) to sustain and enhance water management for
volume and flood damage mitigation improvements to
benefit fish and wildlife habitat;
(D) to improve opportunities for public access and
recreation in the Hudson-Mohawk River Basin consistent
with the ecological needs of fish and wildlife habitat;
(E) to facilitate strategic planning to maximize
the resilience of natural systems and habitats under
changing watershed conditions;
(F) to engage the public through outreach,
education, and citizen involvement; and
(G) to increase scientific capacity to support the
planning, monitoring, and research activities necessary
to carry out coordinated restoration and protection
activities;
(4) maintaining an inventory of historic and cultural
resources of the Hudson-Mohawk River Basin and identifying
projects to provide for cultural enrichment, preservation of
cultural resources, public education about local heritage and
historical significance of properties, canals, and historic
sites within the Hudson-Mohawk River Basin; and
(5) providing a mechanism to promote communication and
coordination among the organizations engaged in water resource
management activities to promote collaborative working
relationships among all entities working in the Hudson-Mohawk
River Basin.
SEC. 5. GRANTS AND ASSISTANCE.
(a) Hudson-Mohawk River Basin Grant Program.--To the extent that
funds are available to carry out this section, the Secretary shall
establish a voluntary grant program to be known as the ``Hudson-Mohawk
River Basin Grant Program'' to provide--
(1) competitive matching grants of varying amounts to State
and local governments, nonprofit organizations, institutions of
higher education, and other eligible entities to carry out
activities described in section 4(d); and
(2) technical assistance to grant recipients.
(b) Criteria.--The Secretary, in consultation with the
organizations described in section 4(c), shall develop criteria for the
grant program to help ensure that activities funded under this section
accomplish one or more of the purposes identified in section 4(d) and
advance the implementation of priority actions or needs identified in
the Basin-wide strategy adopted under section 4(b)(2).
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project funded under the grant program shall be determined by
the Secretary and shall not exceed 80 percent of the total cost
of the activity.
(2) Non-federal share.--The non-Federal share of the cost
of a project funded under the grant program may be provided in
cash or in the form of an in-kind contribution of services or
materials.
SEC. 6. ANNUAL REPORTS.
Not later than 180 days after the date of the enactment of this Act
and annually thereafter, the Secretary shall submit to Congress a
report on the implementation of this Act, including a description of
each project that has received funding under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $25,000,000 for each of fiscal years
2017 through 2023.
(b) Use.--Of any amount made available under this section for each
fiscal year, the Secretary shall use at least 75 percent to carry out
the grant program and to provide, or provide for, technical assistance
under such program. | Hudson-Mohawk River Basin Act This bill requires the Department of the Interior to establish a nonregulatory Hudson-Mohawk River Basin Restoration Program, under which it shall: draw on management plans for the Hudson-Mohawk River Basin and work with applicable management entities, including the federal government, state and local governments, and regional and nonprofit organizations, to identify, prioritize, and implement water resources activities within the basin; adopt a basin-wide strategy that coordinates activities being undertaken by the basin states (New York, New Jersey, Connecticut, Massachusetts, and Vermont), advisory committees, local governments, institutions of higher education, and nongovernmental organizations to address environmental, economic, and cultural issues associated with the management and use of water resources in the basin and that supports implementation of science-based restoration and protection activities; and establish the Hudson-Mohawk River Basin grant program to provide competitive matching grants and technical assistance to state and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out specified restoration and protection activities. Program purposes are listed, including: addressing the management, development, conservation, and use of water resources throughout the basin; coordinating restoration and protection activities; carrying out coordinated restoration and protection activities and providing technical assistance throughout the basin states; maintaining an inventory of historic and cultural resources of the basin and identifying projects to provide for cultural enrichment, preservation of cultural resources, public education about local heritage and historical significance of properties, canals, and historic sites within the basin; and providing a mechanism to promote communication, coordination, and collaborative working relationships among entities working in the basin. Interior shall develop criteria to ensure that activities funded through the grant program accomplish identified purposes and advance the implementation of priority actions or needs identified in the basin-wide strategy. | {"src": "billsum_train", "title": "Hudson-Mohawk River Basin Act"} | 2,431 | 373 | 0.505545 | 1.641333 | 0.711738 | 5.592068 | 6.490085 | 0.968839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities of Color Teen Pregnancy
Prevention Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Each year, nearly 750,000 American teens ages 15
through 19 become pregnant.
(2) In 2002, the pregnancy rate for African American and
Latino teens ages 15 through 19 was double the rate for white
teens (134.2 and 131.5 compared to 65.0).
(3) An estimated 4,883 youth ages 13 through 24 were
diagnosed with HIV or AIDS in 2004, representing approximately
13 percent of all individuals given a diagnosis during that
year.
(4) African American youth comprised the largest single
group of young people affected by HIV, accounting for 55
percent of all HIV infections among youth ages 13 through 24 in
2004.
(5) Although African American teens (ages 13 through 19)
represent only 16 percent of United States teens, they
accounted for 69 percent of new AIDS cases reported among teens
in 2005.
(6) In 2005, Latino teens, ages 13 through 19, accounted
for 17 percent of AIDS cases among teens, the same as their
proportion of the United States teenage population that year.
Latinos ages 20 through 24 accounted for 22 percent of new AIDS
reported among young adults, but represented 18 percent of
United States young adults.
(7) Recent estimates suggest that while 15- to 24-year olds
represent 25 percent of the ever sexually active population,
they acquire nearly one-half of all new sexually transmitted
infections.
(8) In 2005, the gonorrhea rate among African American
teens ages 15 through 19 was 17 times higher than among white
teens of the same age. The rates of primary and secondary
syphilis were 19 times higher among black teens ages 15 through
19 than among their white peers.
(9) In 2005, nearly three-fourths of all reported cases of
gonorrhea occurred among African American teens, for whom the
gonorrhea rate was 2,106 per 100,000 population.
SEC. 3. COMMUNITY-BASED AND SCHOOL-BASED INTERVENTION PROGRAMS.
(a) Community-Based Intervention Programs.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall make
grants to public and nonprofit private entities for the purpose
of carrying out projects to prevent teen pregnancies in racial
or ethnic minority or immigrant communities with a substantial
incidence or prevalence of cases of teen pregnancy as compared
to the average number of such cases in communities in the State
involved (referred to in this Act as ``eligible communities'').
(2) Requirements regarding purpose of grants.--A grant may
be made under paragraph (1) only if, with respect to the
expenditure of the grant to carry out the purpose described in
such paragraph, the applicant involved agrees to use one or
more of the following strategies:
(A) Promote effective communication among families
about preventing teen pregnancy, particularly
communication among parents or guardians and their
children.
(B) Educate community members about the
consequences of teen pregnancy.
(C) Encourage young people to postpone sexual
activity and prepare for a healthy, successful
adulthood, including by teaching them skills to avoid
making or receiving unwanted verbal, physical, and
sexual advances.
(D) Provide information about the health benefits
and side effects of all contraceptives and barrier
methods as a means to prevent pregnancy and reduce the
risk of contracting sexually transmitted infections,
including HIV/AIDS.
(E) Provide educational information, including
medically accurate information about the health
benefits and side effects of all contraceptives and
barrier methods, for young people in such communities
who are already sexually active or are at risk of
becoming sexually active and inform young people in
such communities about the responsibilities and
consequences of being a parent, and how early pregnancy
and parenthood can interfere with educational and other
goals.
(3) Utilizing effective strategies.--A grant may be made
under paragraph (1) only if the applicant involved agrees that,
in carrying out the purpose described in such paragraph, the
applicant will, whenever possible, use strategies that have
been demonstrated to be effective (on the basis of rigorous
scientific research), or that incorporate characteristics of
effective programs.
(b) School-Based Projects.--
(1) In general.--The Secretary may make grants to public
and nonprofit private entities for the purpose of establishing
and operating for eligible communities, in association with
public secondary schools for such communities, projects for one
or more of the following:
(A) To carry out activities, including counseling,
to prevent unintended pregnancy and sexually
transmitted infections, including HIV/AIDS, among
teens.
(B) To provide necessary social and cultural
support services regarding teen pregnancy.
(C) To provide health and educational services
related to the prevention of unintended pregnancy and
sexually transmitted infections, including HIV/AIDS,
among teens.
(D) To promote better health and educational
outcomes among pregnant teens.
(E) To provide training for individuals who plan to
work in school-based support programs regarding the
prevention of unintended pregnancy and sexually
transmitted infections, including HIV/AIDS, among
teens.
(2) Priority.--In making grants under paragraph (1), the
Secretary shall give priority to providing for projects under
such paragraph in eligible communities.
(3) Required coalition.--A grant may be made under
paragraph (1) only if the applicant involved has formed an
appropriate coalition of entities for purposes of carrying out
a project under such paragraph, including--
(A) one or more public secondary schools for the
eligible community involved; and
(B) entities to provide the services of the
project.
(4) Training.--A grant under paragraph (1) may be expended
to train individuals to provide the services described in
subparagraphs (A) and (B) of such paragraph for the project
involved.
(c) Reporting and Evaluation.--
(1) Report.--A grant may be made under subsection (a) or
(b) only if the applicant involved agrees to submit to the
Secretary, in accordance with the criteria of the Secretary, a
report that provides information on the project under such
subsection, including project outcomes and increased education
and awareness about the prevention of unintended pregnancy and
sexually transmitted infections, including HIV/AIDS, among
teens. The Secretary shall make such reports available to the
public.
(2) Evaluations.--Not later than 12 months after the date
of the enactment of this Act, the Secretary shall, directly or
through contract, provide for evaluations of at least 10
percent or not less than 6 projects carried out with grants
under each of subsections (a) and (b). Each such evaluation
shall describe--
(A) the activities carried out with the grant; and
(B) the extent to which the activities were
effective in changing attitudes and behavior to achieve
the project strategies consistent with--
(i) subsection (a)(2) for grants under
subsection (a); or
(ii) subsection (b)(1) for grants under
subsection (b).
(d) Authorization of Appropriations.--
(1) Community-based intervention programs.--For the purpose
of carrying out subsection (a), there is authorized to be
appropriated $40,000,000 for each of the fiscal years 2008
through 2012.
(2) School-based projects.--For the purpose of carrying out
subsection (b), there is authorized to be appropriated
$10,000,000 for each of the fiscal years 2008 through 2012.
(3) Evaluations.--Of the total amount appropriated to carry
out this section for a fiscal year, the Secretary shall reserve
10 percent of such amount to carry out subsection (c)(2).
SEC. 4. MULTIMEDIA CAMPAIGNS.
(a) In General.--The Secretary shall make grants to public and
nonprofit private entities for the purpose of carrying out multimedia
campaigns to provide public education and increase awareness with
respect to the issue of reducing the rates of unintended pregnancy and
sexually transmitted infections, including HIV/AIDS, among teens, and
related social, physical, and emotional issues.
(b) Priority.--In making grants under subsection (a), the Secretary
shall give priority to campaigns described in such subsection that are
directed toward eligible communities.
(c) Requirements.--A grant may be made under subsection (a) only if
the applicant involved agrees that the multimedia campaign under such
subsection will--
(1) provide information on the prevention of unintended
pregnancy and sexually transmitted infections, including HIV/
AIDS, among teens;
(2) provide information that identifies organizations in
the communities involved that--
(A) provide health and educational services related
to the prevention of unintended pregnancy and sexually
transmitted infections, including HIV/AIDS, for teens;
and
(B) provide necessary social and cultural support
services; and
(3) coincide with efforts of the National Clearinghouse for
Teen Pregnancy Prevention that are made under section 5(b)(1).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $6,000,000 for
each of the fiscal years 2008 through 2012.
SEC. 5. NATIONAL CLEARINGHOUSE.
(a) In General.--The Secretary shall make grants to a nonprofit
private entity to establish and operate a National Clearinghouse for
Teen Pregnancy Prevention (referred to in this section as the
``Clearinghouse'') for the purposes described in subsection (b).
(b) Purposes of Clearinghouse.--The purposes referred to in
subsection (a) regarding the Clearinghouse are as follows:
(1) To provide information and technical assistance to
States, Indian tribes, local communities, and other public or
private entities to develop content and messages for teens and
adults that address and seek to reduce the rate of unintended
pregnancy and sexually transmitted infections, including HIV/
AIDS, among teens.
(2) To support parents in their essential role in
preventing unintended pregnancy and sexually transmitted
infections, including HIV/AIDS, among teens by equipping
parents with information and resources to promote and
strengthen communication with their children about sex, values,
and positive relationships, including healthy relationships.
(c) Requirements for Grantee.--A grant may be made under subsection
(a) only if the applicant involved is an organization that meets the
following conditions:
(1) The organization is a nationally recognized,
nonpartisan organization that has at least 10 years of
experience focusing on preventing teen pregnancy and working
with diverse groups to reduce the rate of teen pregnancy.
(2) The organization has a demonstrated ability to work
with and provide assistance to a broad range of individuals and
entities, including teens; parents; the entertainment and news
media; State, tribal, and local organizations; networks of teen
pregnancy prevention practitioners; reproductive health
providers; businesses; faith and community leaders; and
researchers.
(3) The organization has experience in the use of
culturally competent and linguistically appropriate methods to
address teen pregnancy in eligible communities.
(4) The organization conducts or supports research and has
experience with scientific analyses and evaluations.
(5) The organization has comprehensive knowledge and data
about strategies for the prevention of teen pregnancy.
(6) The organization has experience in carrying out
functions similar to the functions described in subsection (b).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $1,500,000 for
each of the fiscal years 2008 through 2012.
SEC. 6. RESEARCH.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall make grants to public
or nonprofit private entities to conduct, support, and coordinate
research on the prevention of unintended pregnancy and sexually
transmitted infections, including HIV/AIDS, among teens in eligible
communities, including research on the factors contributing to the
disproportionate rates of teen pregnancy and sexually transmitted
infections in such communities and research-based strategies for
addressing such disparities.
(b) Research.--In carrying out subsection (a), the Secretary shall
support research that--
(1) investigates the incidence and prevalence of teen
pregnancy and sexually transmitted infections, including HIV/
AIDS, among teens in communities described in such subsection;
(2) examines--
(A) the relationships between teen pregnancy and
one or more of--
(i) the mental and physical health and
well-being of teens in the communities;
(ii) teen access to a full range of family
planning services;
(iii) the scholastic achievement of such
teens;
(iv) family structure and communication;
and
(v) other factors contributing to
disproportionate rates of teen pregnancy and
sexually transmitted infections among teens in
such communities;
(B) the variance in the rates of teen pregnancy and
by--
(i) location (such as inner cities, inner
suburbs, outer suburbs, and rural areas);
(ii) population subgroup (such as Hispanic,
Asian-Pacific Islander, African-American, and
Native American);
(iii) level of acculturation; and
(iv) socioeconomic status (such as income,
educational attainment of the parents of the
teen, and school attendance of the teen);
(C) the importance of the physical and social
environment as a factor in placing communities at risk
of increased rates of pregnancy and sexually
transmitted infections; and
(D) the importance of aspirations and motivations
as factors affecting young people's risk of teen
pregnancy;
(3) is used to propose or identify additional strategies
that will address the disproportionate rates of teen pregnancy
and sexually transmitted infections in such communities; and
(4) wherever possible, includes efforts to link the
measures to relevant databases, including health databases.
(c) Priority.--In making grants under subsection (a), the Secretary
shall give priority to research that incorporates--
(1) interdisciplinary approaches; or
(2) a strong emphasis on community-based participatory
research.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $7,500,000 for
each of the fiscal years 2008 through 2012.
SEC. 7. GENERAL REQUIREMENTS.
(a) Medically Accurate Information.--A grant may be made under this
Act only if the applicant involved agrees that all information provided
pursuant to the grant will be age-appropriate, factually and medically
accurate and complete, and scientifically based.
(b) Cultural Context of Services.--A grant may be made under this
Act only if the applicant involved agrees that information, activities,
and services under the grant that are directed toward a particular
population group will be provided in the language and cultural context
that is most appropriate for individuals in such group.
(c) Application for Grant.--A grant may be made under this Act only
if an application for the grant is submitted to the Secretary and the
application is in such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary determines to
be necessary to carry out the program involved.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) The term ``eligible community'' has the meaning
indicated for such term in section 3(a)(1).
(2) The term ``HIV/AIDS'' means the human immunodeficiency
virus, and includes the acquired immune deficiency syndrome.
(3) The term ``medically accurate'' with respect to
information, means information that is supported by research,
recognized as accurate and objective by leading medical,
psychological, psychiatric, and public health organizations and
agencies, and where relevant, published in peer review
journals.
(4) The term ``racial or ethnic minority or immigrant
communities'' means communities with a substantial number of
residents who are members of racial or ethnic minority groups
or who are immigrants.
(5) The term ``Secretary'' has the meaning indicated for
such term in section 3(a)(1). | Communities of Color Teen Pregnancy Prevention Act of 2007 - Requires the Secretary of Health and Human Services to make grants for projects to prevent teen pregnancies in racial, ethnic minority, or immigrant communities with a substantial incidence or prevalence of cases of teen pregnancy compared to the average number in communities in the state.
Allows the Secretary to make grants to: (1) carry out activities to prevent unintended pregnancy and sexually transmitted infections among teens; (2) provide necessary social and cultural support services regarding teen pregnancy; (3) provide health and educational services related to the prevention of unintended pregnancy and sexually transmitted infections among teens; (4) promote better health and educational outcomes among pregnant teens; and (5) provide relevant training for individuals who plan to work in school-based support programs.
Requires the Secretary to make grants to: (1) provide public education and increase awareness with respect to the issue of reducing the rates of unintended pregnancy and sexually transmitted infections among teens and related social and emotional issues; and (2) establish and operate a National Clearinghouse for Teen Pregnancy Prevention.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants for research on the prevention of unintended pregnancy and sexually transmitted infections among teens in such communities.
Allows a grant to be made under this Act only if the applicant agrees that: (1) all information provided pursuant to the Act will be age-appropriate, factually and medically accurate and complete, and scientifically based; and (2) information, activities, and services under the grant will be provided in the language and cultural context that is most appropriate for individual groups. | {"src": "billsum_train", "title": "A bill to make grants to carry out activities to prevent the incidence of unintended pregnancies and sexually transmitted infections among teens in racial or ethnic minority or immigrant communities, and for other purposes."} | 3,436 | 363 | 0.58979 | 1.829477 | 0.77492 | 4.850153 | 10.100917 | 0.978593 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald Reagan Dime Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) President Ronald Wilson Reagan, through his efforts as
the 40th President of the United States, created policies that
renewed economic growth, strengthened the resolve of the free
world together to oppose totalitarianism, and restored pride in
the United States.
(2) In 1981, when Ronald Reagan was inaugurated President,
he inherited a disillusioned nation wracked by rampant
inflation and high unemployment.
(3) The policies of President Reagan brought about the
beginnings of an economic boom that lasted almost unimpeded
through the end of the 20th century.
(4) President Reagan was victorious in 49 of the 50 states
in the 1984 general election, a record unsurpassed in the
history of United States presidential elections.
(5) President Reagan, through his simple republican dignity
and sense of personal responsibility to the United States of
America, brought pride and honor to the Office of the
President.
(6) President Reagan worked in a bipartisan manner to enact
his agenda of restoring accountability and common sense to
government, which led to an unprecedented economic expansion
and opportunity for millions of Americans.
(7) President Reagan's commitment to an active social
policy agenda for the nation's children helped lower crime in
our neighborhoods.
(8) President Reagan led a national crusade against illegal
narcotics, which resulted in a substantial decline in illegal
drug use in the United States during his eight years in office.
(9) President Reagan wrote ``Abortion and the Conscience of
a Nation'' for the 10th Anniversary of Roe v. Wade, which
stated ``Abraham Lincoln recognized that we could not survive
as a free land when some men could decide that others were not
fit to be free and should therefore be slaves. Likewise, we
cannot survive as a free nation when some men decide that
others are not fit to live and should be abandoned to abortion
or infanticide . . . there is no cause more important for
preserving that freedom than affirming the transcendent right
to life of all human beings, the right without which no other
rights have any meaning''.
(10) President Reagan's commitment to our armed forces
contributed to the restoration of pride in America, her
principles of ordered liberty, and the heritage of Western
Civilization.
(11) President Reagan's unshakeable commitment to freedom
strengthened America's mission to proclaim liberty throughout
the world and led to the collapse of global Communism, the fall
of the Iron Curtain, and the toppling of the Berlin Wall,
giving millions of people across the globe formerly shackled by
the Soviets opportunity to live in peace and freedom.
(12) President Reagan marked the beginning of his
Presidency by recalling with shame ``the series of historical
tragedies--beginning with the broken promises of the Yalta
Conference--that led to the denial of the most elementary forms
of personal freedom and human dignity to millions in Eastern
Europe and Asia''.
(13) President Reagan brought courage to those people cut
off from others who lived in freedom, reminding them that
``Until the people of the Baltic States and Eastern Europe are
free to choose their own system of government, we will continue
to speak up for their rights and champion their cause''.
(14) President Reagan called the world's attention to the
plight of captive nations tyrannized behind the Iron Curtain,
from Stettin in the Baltic to Trieste in the Adriatic, which
included millions of Estonians, Latvians, Lithuanians, Poles,
Germans, Czechs, Slovaks, Romanians, Bulgarians, Albanians,
Croats, Serbs, Bosnians, and others, reminding us that ``Free
people, if they are to remain free, must defend the liberty of
others''.
(15) President Reagan made a promise to ``all in Eastern
Europe who are separated from neighbors and loved ones by an
ugly Iron Curtain. And to every person trapped in tyranny,
whether in the Ukraine, Hungary, Czechoslovakia, Cuba or
Vietnam, we send our love and support, and tell them they are
not alone. Your struggle is our struggle, your dream is our
dream, and someday, you, too, will be free''.
(16) President Reagan boldly stood at the Brandenburg Gate
in West Berlin, on June 12, 1987, declaring: ``General
Secretary Gorbachev, if you seek peace, if you seek prosperity
for the Soviet Union and Eastern Europe, if you seek
liberalization: Come here to this gate! Mr. Gorbachev, open
this gate! Mr. Gorbachev, tear down this wall!''.
(17) President Reagan's vision of ``peace through
strength'' brought the United States victory in the Cold War
and freed millions of people from Soviet tyranny.
(18) President Reagan once summarized the mission of his
administration as ``Being free and prosperous in a world at
peace. That's our ultimate goal.''.
(19) President Reagan reminded his countrymen of our
calling in world history: ``I don't believe the people I've met
in almost every State of this Union are ready to consign this,
the last island of freedom, to the dust bin of history, along
with the bones of dead civilizations of the past. Call it
mysticism, if you will, but I believe God had a divine purpose
in placing this land between the two great oceans to be found
by those who had a special love of freedom and the courage to
leave the countries of their birth. From our forefathers to our
modern-day immigrants, we've come from every corner of the
earth, from every race and every ethnic background, and we've
become a new breed in the world. We're Americans and we have a
rendezvous with destiny.''.
SEC. 3. OBVERSE OF DIME COIN TO BEAR LIKENESS OF RONALD REAGAN.
Section 5112(d)(1) of title 31, United States Code, is amended by
inserting after the 4th sentence the following new sentence: ``Dime
coins issued after such date as the Secretary determines to be
appropriate shall bear the likeness of President Ronald Reagan, the
Freedom President, in honor of his work in restoring American greatness
and bringing freedom to captive nations around the world.''. | Ronald Reagan Dime Act - Amends Federal law governing coins and currency to require dime coins issued after a certain date to bear the likeness of President Ronald Reagan. | {"src": "billsum_train", "title": "To provide for dime coins to bear the likeness of President Ronald Reagan, the Freedom President, in honor of his work in restoring American greatness and bringing freedom to captive nations around the world."} | 1,424 | 39 | 0.357899 | 0.967264 | -0.118592 | 2.433333 | 43.733333 | 0.766667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald Reagan Commemorative Coin Act
of 2009''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coin.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coin.--Not more than 300,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 3. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall--
(A) bear an image of former President Ronald Wilson
Reagan on the obverse side; and
(B) bear a design on the reverse side that is
similar to the depiction of an American eagle carrying
an olive branch, flying above a nest containing another
eagle and hatchlings.
(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 ``2013''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Design Selection.--The design for the coins minted under this
Act shall be--
(1) selected by the Secretary, after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 4. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning on January 1, 2013, except that the Secretary
may initiate sales of such coins, without issuance, before such date.
(d) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2013.
SEC. 5. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 6(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).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 6. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, the proceeds from the surcharges received by the Secretary
from the sale of coins issued under this Act shall be paid promptly by
the Secretary to the Army Emergency Fund to be used by the Army
Emergency Fund for the purposes of providing financial assistance to
any of the following individuals:
(1) An individual who is an Army active duty soldier,
single or married, or a dependent of such a soldier.
(2) A member of the Army National Guard or Army Reserve on
continuous active duty under title 10, United States Code, for
more than 30 consecutive days, or a dependent of such a member.
(3) A soldier retired from active duty because of longevity
or physical disability, including any Army National Guard or
Army Reserve soldier who is in receipt of Army retired pay, or
any authorized dependent of such soldier.
(4) A surviving spouse or dependent child of a soldier who
died while on active duty or after retirement.
(c) Audits.--The Army Emergency Fund shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code,
with regard to such funds.
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | Ronald Reagan Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins in commemoration Ronald Wilson Reagan, the 40th President of the United States.
Authorizes the issuance of such coins beginning on January 1, 2013, except that sales of such coins may be initiated, without issuance, before such date. Prohibits the minting of such coins after December 31, 2013.
Requires all sales of coins minted under this Act to include a surcharge of: (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin.
Requires the proceeds from the surcharges received from the sale of such coins to be paid promptly to the Army Emergency Fund to be used to provide financial assistance to certain soldiers and their dependents and the surviving spouses or dependent children of deceased soldiers. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of Ronald Wilson Reagan, the 40th President of the United States."} | 1,326 | 188 | 0.518239 | 1.33818 | 0.718978 | 4.310345 | 6.867816 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy First Act''.
SEC. 2. FEDERAL GOVERNMENT ACTION REQUIRED AS CONDITION FOR DRAWDOWN
FROM STRATEGIC PETROLEUM RESERVE.
No petroleum product may be drawn down and sold or exchanged from
the Strategic Petroleum Reserve unless the President has taken all of
the actions required by sections 3 through 8 of this Act.
SEC. 3. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO RESOURCE
MANAGEMENT PLANS, AND RECORD OF DECISION.
(a) Regulations.--The President shall direct the Secretary of the
Interior and the heads of all other relevant Federal agencies to treat
the final regulations regarding oil shale management published by the
Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414),
as satisfying all legal and procedural requirements under any law,
including the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and the Energy Policy Act of 2005 (Public Law 109-58), and the
Secretary of the Interior shall implement those regulations, including
the oil shale leasing program authorized by the regulations, without
any other administrative action necessary.
(b) Amendments to Resource Management Plans and Record of
Decision.--Notwithstanding any other law or regulation to the contrary,
the President shall direct the Secretary of the Interior and the heads
of all other relevant Federal agencies to treat the November 17, 2008,
U.S. Bureau of Land Management Approved Resource Management Plan
Amendments/Record of Decision for Oil Shale and Tar Sands Resources to
Address Land Use Allocations in Colorado, Utah, and Wyoming and Final
Programmatic Environmental Impact Statement as satisfying all legal and
procedural requirements under any law, including the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the
Energy Policy Act of 2005 (Public Law 109-58), and the Secretary of the
Interior shall implement the oil shale leasing program authorized by
the regulations referred to in subsection (a) in those areas covered by
the resource management plans amended by such amendments, and covered
by such record of decision, without any other administrative action
necessary.
SEC. 4. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN
THE CENTRAL GULF OF MEXICO.
(a) In General.--The President shall direct the Secretary of the
Interior to conduct offshore oil and gas Lease Sale 216 under section 8
of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as
practicable, but not later than 4 months after the date of enactment of
this Act.
(b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and
the Multi-Sale Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 5. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 218 IN
THE WESTERN GULF OF MEXICO.
(a) In General.--The President shall direct the Secretary of the
Interior to conduct offshore oil and gas Lease Sale 218 under section 8
of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as
practicable, but not later than 8 months after the date of enactment of
this Act.
(b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and
the Multi-Sale Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 6. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN
THE CENTRAL GULF OF MEXICO.
(a) In General.--The President shall direct the Secretary of the
Interior to conduct offshore oil and gas Lease Sale 222 under section 8
of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as
practicable, but not later than June 1, 2012.
(b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and
the Multi-Sale Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 7. KEYSTONE XL PIPELINE PERMIT APPROVAL.
(a) Permit Approval.--The President shall direct the Secretary of
State to approve the permit described in subsection (b).
(b) Description of Permit.--The permit approved under subsection
(a) is the permit with respect to certain energy-related facilities and
land transportation crossings on the international boundaries of the
United States for the Keystone XL pipeline project, an application for
which was filed on September 19, 2008 (including amendments).
(c) Requirements.--The permit granted under subsection (a) shall
require the following:
(1) The permittee 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 United States facilities.
(2) The permittee shall take all appropriate measures to
prevent or mitigate any adverse environmental impact or
disruption of historic properties in connection with the
construction, operation, and maintenance of the United States
facilities.
(3) For the purpose of the permit approved under subsection
(a) (regardless of any modifications under subsection (d))--
(A) the final environmental impact statement issued
by the Secretary of State on August 26, 2011, satisfies
all requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of
the National Historic Preservation Act (16 U.S.C.
470f);
(B) any modification required by the Secretary of
State to the Plan described in paragraph (4)(A) shall
not require supplementation of the final environmental
impact statement described in that paragraph; and
(C) no further Federal environmental review shall
be required.
(4) The construction, operation, and maintenance of the
facilities shall be in all material respects similar to that
described in the application described in subsection (b) and in
accordance with--
(A) the construction, mitigation, and reclamation
measures agreed to by the permittee in the Construction
Mitigation and Reclamation Plan found in appendix B of
the final environmental impact statement issued by the
Secretary of State on August 26, 2011, subject to the
modification described in subsection (d);
(B) the special conditions agreed to between the
permittee and the Administrator of the Pipeline
Hazardous Materials Safety Administration of the
Department of Transportation found in appendix U of the
final environmental impact statement described in
subparagraph (A);
(C) if the modified route submitted by the Governor
of Nebraska under subsection (d)(3)(B) crosses the Sand
Hills region, the measures agreed to by the permittee
for the Sand Hills region found in appendix H of the
final environmental impact statement described in
subparagraph (A); and
(D) the stipulations identified in appendix S of
the final environmental impact statement described in
subparagraph (A).
(5) Other requirements that are standard industry practice
or commonly included in Federal permits that are similar to a
permit approved under subsection (a).
(d) Modification.--The permit approved under subsection (a) shall
require--
(1) the reconsideration of routing of the Keystone XL
pipeline within the State of Nebraska;
(2) a review period during which routing within the State
of Nebraska may be reconsidered and the route of the Keystone
XL pipeline through the State altered with any accompanying
modification to the Plan described in subsection (c)(4)(A); and
(3) the President--
(A) to coordinate review with the State of Nebraska
and provide any necessary data and reasonable technical
assistance material to the review process required
under this subsection; and
(B) to approve the route within the State of
Nebraska that has been submitted to the Secretary of
State by the Governor of Nebraska.
(e) Effect of No Approval.--If the President does not approve the
route within the State of Nebraska submitted by the Governor of
Nebraska under subsection (d)(3)(B) not later than 10 days after the
date of submission, the route submitted by the Governor of Nebraska
under subsection (d)(3)(B) shall be considered approved, pursuant to
the terms of the permit approved under subsection (a) that meets the
requirements of subsection (c) and this subsection, by operation of
law.
(f) Private Property Savings Clause.--Nothing in this section
alters the Federal, State, or local processes or conditions in effect
on the date of enactment of this Act that are necessary to secure
access from private property owners to construct the Keystone XL
pipeline.
SEC. 8. REQUIREMENT TO EXPEDITE PERMITTING FOR EXISTING OIL AND GAS
LEASES.
The President shall direct the Secretary of the Interior to
expedite permitting of activities under oil and gas leases for Federal
onshore lands and Federal submerged lands in the Gulf of Mexico. | American Energy First Act - Prohibits petroleum product from being drawn down, sold, or exchanged from the Strategic Petroleum Reserve (SPR) unless the President has taken the actions required by this Act.
Instructs the President to direct the Secretary of the Interior (Secretary) and the heads of other relevant federal agencies to treat certain Bureau of Land Management final regulations regarding oil shale management as well as the November 17, 2008, U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement as satisfying all legal and procedural requirements under specified laws.
Directs the Secretary to implement the oil shale leasing program authorized in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary.
Instructs the President to direct the Secretary to conduct offshore oil and gas: (1) Lease Sale 216 in the Central Gulf of Mexico within four months after enactment of this Act, (2) Lease Sale 218 in the Western Gulf of Mexico within eight months after enactment of this Act, (3) Lease Sale 222 in the Central Gulf of Mexico not later than June 1, 2012. Deems the Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement to satisfy the requirements of the National Environmental Policy Act of 1969 for the purposes of such lease sales. Instructs the President to direct the Secretary to: (1) approve a certain permit concerning certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project, and (2) expedite permitting of activities under oil and gas leases for federal onshore lands and federal submerged lands in the Gulf of Mexico.
Prescribes Keystone XL pipeline permit requirements, including: (1) reconsideration of routing of the Keystone XL pipeline within Nebraska; (2) a review period during which routing within Nebraska may be reconsidered and the route of the Keystone XL pipeline through the state altered with any accompanying modification to a specified Plan; and (3) the obligation of the President to coordinate review with the state of Nebraska, provide necessary data and reasonable technical assistance material to the review process, and approve the route within Nebraska submitted by its governor to the Secretary of State.
Deems approved, within 10 days after its date of submission, the route submitted by the governor of Nebraska pursuant to the permit approved under this Act if the President does not approve that route. | {"src": "billsum_train", "title": "To prohibit the drawdown of petroleum from the Strategic Petroleum Reserve unless the President has taken certain actions."} | 2,204 | 568 | 0.617516 | 2.224138 | 0.768846 | 6.095238 | 3.785714 | 0.960317 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Hispanic-Serving
Institutions Act''.
SEC. 2. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.
(a) Establishment of Program.--Title V of the Higher Education Act
of 1965 (20 U.S.C. 1101 et seq.) is amended--
(1) by redesignating part B as part C;
(2) by redesignating sections 511 through 518 as sections
521 through 528, respectively; and
(3) by inserting after section 505 (20 U.S.C. 1101d) the
following new part:
``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS
``SEC. 511. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds the following:
``(1) According to the United States Census, by the year
2050 one in four Americans will be of Hispanic origin.
``(2) Despite the dramatic increase in the Hispanic
population in the United States, the National Center for
Education Statistics reported that in 1999, Hispanics accounted
for only 4 percent of the master's degrees, 3 percent of the
doctor's degrees, and 5 percent of first-professional degrees
awarded in the United States.
``(3) Although Hispanics constitute 10 percent of the
college enrollment in the United States, they comprise only 3
percent of instructional faculty in colleges and universities.
``(4) The future capacity for research and advanced study
in the United States will require increasing the number of
Hispanics pursuing postbaccalaureate studies.
``(5) Hispanic-serving institutions are leading the Nation
in increasing the number of Hispanics attaining graduate and
professional degrees.
``(6) Among Hispanics who received master's degrees in
1999-2000, 25 percent earned them at Hispanic-serving
institutions.
``(7) Between 1991 and 2000, the number of Hispanic
students earning master's degrees at Hispanic-serving
institutions grew 136 percent, the number receiving doctor's
degrees grew by 85 percent, and the number earning first-
professional degrees grew by 47 percent.
``(8) It is in the national interest to expand the capacity
of Hispanic-serving institutions to offer graduate and
professional degree programs.
``(b) Purposes.--The purposes of this part are--
``(1) to expand postbaccalaureate educational opportunities
for, and improve the academic attainment of, Hispanic students;
and
``(2) to expand and enhance the postbaccalaureate academic
offerings, and program quality, that are educating the majority
of Hispanic college students and helping large numbers of
Hispanic students and other low-income individuals complete
postsecondary degrees.
``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.
``(a) Program Authorized.--Subject to the availability of funds
appropriated to carry out this part, the Secretary shall award
competitive grants to Hispanic-serving institutions that offer
postbaccalaureate certifications or degrees.
``(b) Eligibility.--In this part, an `eligible institution' means
an institution of higher education that--
``(1) is an eligible institution under section 502; and
``(2) offers a postbaccalaureate certificate or degree
granting program.
``SEC. 513. AUTHORIZED ACTIVITIES.
``Grants awarded under this part shall be used for 1 or more of the
following activities:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement in classroom, library, laboratory, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for needy postbaccalaureate students
including outreach, academic support services, mentoring,
scholarships, fellowships, and other financial assistance to
permit the enrollment of such students in postbaccalaureate
certificate and degree granting programs.
``(5) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(6) Creating or improving facilities for Internet or
other distance learning academic instruction capabilities,
including purchase or rental of telecommunications technology
equipment or services.
``(7) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and degree
offerings.
``(8) Other activities proposed in the application
submitted pursuant to section 514 that--
``(A) contribute to carrying out the purposes of
this part; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.
``SEC. 514. APPLICATION AND DURATION.
``(a) Application.--Any eligible institution may apply for a grant
under this part by submitting an application to the Secretary at such
time and in such manner as determined by the Secretary. Such
application shall demonstrate how the grant funds will be used to
improve postbaccalaureate education opportunities for Hispanic and low-
income students and will lead to greater financial independence.
``(b) Duration.--Grants under this part shall be awarded for a
period not to exceed 5 years.
``(c) Limitation.--The Secretary shall not award more than 1 grant
under this part in any fiscal year to any Hispanic-serving
institution.''.
(b) Cooperative Arrangements.--Section 524(a) of the Higher
Education Act of 1965 (as redesignated by subsection (a)(2)) is amended
by inserting ``and section 513'' after ``section 503''.
(c) Authorization of Appropriations.--Section 528(a) of the Higher
Education Act of 1965 (as redesignated by subsection (a)(2)) is amended
to read as follows:
``(a) Authorizations.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A of this title $175,000,000 for fiscal year
2008 and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of this title $125,000,000 for fiscal year
2008 and such sums as may be necessary for each of the 4
succeeding fiscal years.''. | Next Generation Hispanic-Serving Institutions Act - Amends the Higher Education Act of 1965 to revise requirements for Hispanic-serving institutions (HSIs) under title V (Developing Institutions).
Establishes a program of competitive grants to eligible HSIs that offer postbaccalaureate certifications or degrees (part B grants). Limits a part B grant award's duration to not more than five years. Prohibits the Secretary of Education from awarding more than one part B grant to an HSI in any one fiscal year.
Authorizes appropriations for: (1) the current part A program of grants to HSIs that offer baccalaureate degrees or are junior or community colleges; and (2) the new part B program of grants to HSIs that offer postbaccalaureate certifications or degrees. | {"src": "billsum_train", "title": "A bill to expand and enhance postbaccalaureate opportunities at Hispanic-serving institutions, and for other purposes."} | 1,493 | 191 | 0.530287 | 1.451765 | 0.879909 | 1.787234 | 9.170213 | 0.851064 |
FUND.
(a) Redesignation.--Sections 10 and 11 of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5608, 5609) are
redesignated as sections 12 and 13 of that Act, respectively.
(b) Environmental Dispute Resolution Fund.--The Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.) (as amended
by subsection (a)) is amended by inserting after section 9 the
following:
``SEC. 10. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
``(a) Establishment.--There is established in the Treasury of the
United States an Environmental Dispute Resolution Fund to be
administered by the Foundation. The Fund shall consist of amounts
appropriated to the Fund under section 13(b) and amounts paid into the
Fund under section 11.
``(b) Expenditures.--The Foundation shall expend from the Fund such
sums as the Board determines are necessary to establish and operate the
Institute, including such amounts as are necessary for salaries,
administration, the provision of mediation and other services, and such
other expenses as the Board determines are necessary.
``(c) Distinction From Trust Fund.--The Fund shall be maintained
separately from the Trust Fund established under section 8.
``(d) Investment of Amounts.--
``(1) In general.--The Secretary of the Treasury shall
invest such portion of the Fund as is not, in the judgment of
the Secretary, required to meet current withdrawals.
``(2) Interest-bearing obligations.--Investments may be
made only in interest-bearing obligations of the United States.
``(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
``(A) on original issue at the issue price; or
``(B) by purchase of outstanding obligations at the
market price.
``(4) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
``(5) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.''.
SEC. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
The Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992 (20 U.S.C.
5601 et seq.) (as amended by section 6) is amended by inserting after
section 10 the following:
``SEC. 11. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
``(a) Authorization.--A Federal agency may use the Foundation and
the Institute to provide assessment, mediation, or other related
services in connection with a dispute or conflict related to the
environment, public lands, or natural resources.
``(b) Payment.--
``(1) In general.--A Federal agency may enter into a
contract and expend funds to obtain the services of the
Institute.
``(2) Payment into environmental dispute resolution fund.--
A payment from an executive agency on a contract entered into
under paragraph (1) shall be paid into the Environmental
Dispute Resolution Fund established under section 10.
``(c) Notification and Concurrence.--
``(1) Notification.--An agency or instrumentality of the
Federal Government shall notify the chairperson of the
President's Council on Environmental Quality when using the
Foundation or the Institute to provide the services described
in subsection (a).
``(2) Notification descriptions.--A notification under
paragraph (1) shall include a written description of--
``(A) the issues and parties involved;
``(B) prior efforts, if any, undertaken by the
agency to resolve or address the issue or issues; and
``(C) other relevant information.
``(3) Concurrence.--
``(A) In general.--In a case that involves a
dispute or conflict between 2 or more agencies or
instrumentalities of the Federal Government (including
branches or divisions of a single agency or
instrumentality), an agency or instrumentality of the
Federal Government shall obtain the concurrence of the
chairperson of the President's Council on Environmental
Quality before using the Foundation or Institute to
provide the services described in subsection (a).
``(B) Indication of concurrence or
nonconcurrence.--The chairperson of the President's
Council on Environmental Quality shall indicate
concurrence or nonconcurrence under subparagraph (A)
not later than 20 days after receiving notice of the
dispute or conflict.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 13 of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public Policy
Act of 1992 (as redesignated by section 6(a)) is amended--
(1) by striking ``There are authorized to be appropriated
to the Fund'' and inserting the following:
``(a) Trust Fund.--There is authorized to be appropriated to the
Trust Fund''; and
(2) by adding at the end the following:
``(b) Environmental Dispute Resolution Fund.--There are authorized
to be appropriated to the Environmental Dispute Resolution Fund
established under section 10--
``(1) $4,250,000 for fiscal year 1998, of which--
``(A) $3,000,000 shall be for capitalization; and
``(B) $1,250,000 shall be for operation costs; and
``(2) $1,250,000 for each of fiscal years 1999 through 2002
for operation costs.''.
SEC. 9. CONFORMING AMENDMENTS.
(a) The second sentence of section 8(a) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5606) is amended--
(1) by striking ``fund'' and inserting ``Trust Fund''; and
(2) by striking ``section 11'' and inserting ``section
13(a)''.
(b) Sections 7(a)(6), 8(b), and 9(a) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5605(a)(6), 5606(b),
5607(a)) are each amended by striking ``Fund'' and inserting ``Trust
Fund'' each place it appears.
Passed the Senate October 9, 1997.
Attest:
GARY SISCO,
Secretary. | Environmental Policy and Conflict Resolution Act of 1997 - Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to include on the Board of Trustees of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation the chairperson of the President's Council on Environmental Quality.
Revises the purposes and authority of the Foundation to include establishment of the United States Institute for Environmental Conflict Resolution to assist the Government in implementing environmental assessment provisions of the National Environmental Policy Act of 1969.
Establishes the Environmental Dispute Resolution Fund in the Treasury for the establishment and operation of the Institute.
Establishes procedures for use by a Federal agency of the Foundation and the Institute to provide assessment, mediation, or related services in connection with a dispute or conflict related to the environment, public lands, or natural resources.
Authorizes appropriations to the Fund for capitalization and operation costs. | {"src": "billsum_train", "title": "Environmental Policy and Conflict Resolution Act of 1997"} | 1,501 | 198 | 0.579433 | 1.7667 | 0.784368 | 4.075145 | 7.624277 | 0.907514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Trademark Defense Act
of 2005''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Trademarks and trade names are vital assets of the many
United States businesses that engage in international trade.
(2) Worldwide sales of branded products of United States
businesses contribute in important ways to the livelihood of
American workers and the well-being and continued healthy
growth of numerous United States businesses. These sales
depend, in turn, on the protection that other countries afford
to the trademarks and trade names of United States businesses
under treaties and international agreements.
(3) Among such treaties and agreements are the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
of the World Trade Organization (WTO), the Paris Convention for
the Protection of Industrial Property, and the General Inter-
American Convention for Trade Mark and Commercial Protection.
(4) The United States should ensure that the trademark and
trade names of United States businesses continue to be
protected abroad by working to ensure that other countries
comply with their obligations under intellectual property
rights treaties and agreements. At the same time, the United
States should adhere to its obligations under such treaties and
agreements.
(5) Hundreds of United States businesses have registered
their trademarks in Cuba in order to ensure the exclusive right
to use those trademarks when the United States trade embargo on
that country is lifted. Indeed, following the enactment of the
Trade Sanctions Reform and Export Enhancement Act of 2000, many
United States businesses are already exporting branded food
products to Cuba.
(6) The United States District Court for the Southern
District of New York ruled that section 211 of the Department
of Commerce and Related Agencies Appropriations Act, 1999 (as
contained in section 101(b) of division A of Public Law 105-
277; 112 Stat. 2681-88) abrogates, with respect to Cuba, the
General Inter-American Convention on Trade Mark and Commercial
Protection. The District Court's ruling was affirmed by the
United States Court of Appeals for the Second Circuit.
(7) Cuba's international remedy under customary
international law, as codified by Article 60 of the 1969 Vienna
Convention on Treaties, for a breach by the United States of
the General Inter-American Convention on Trade Mark and
Commercial Protection, is to suspend or revoke the protections
Cuba currently affords United States trademarks and trade
names.
(8) Since 1996, hundreds of United States businesses have
registered over 50,000 European Community trademarks, and
thousands of trademark registrations in individual European
Union member states, in order to ensure the exclusive right to
use their trademarks in the territory of the European Union.
(9) The World Trade Organization upheld a challenge by the
European Community and ruled that section 211 of the Department
of Commerce and Related Agencies Appropriations Act, 1999, is
inconsistent with the obligations of the United States under
the Agreement on Trade-Related Aspects of Intellectual Property
Rights, including provisions of the Paris Convention for the
Protection of Industrial Property.
(10) If the United States fails to bring its law into
conformity with the WTO ruling, the remedy of the European
Community, as provided by the Dispute Settlement Understanding
of the World Trade Organization, is compensation and the
suspension of concessions or other obligations that the
European Community and its member states currently afford to
intellectual property and other trade interests of the United
States and its citizens.
(11) In order to preserve the rights of United States
nationals holding trademarks and trade names in Cuba, in the
European Union and its members states, and in other countries,
the United States must repeal section 211 of the Department of
Commerce and Related Agencies Appropriations Act, 1999, and
should take the necessary steps to promote the long-term
protection of trademarks, trade names, and domain names held by
United States nationals in that country.
(12) Since long prior to the enactment of section 211 of
the Department of Commerce and Related Agencies Appropriations
Act, 1999, it has been the practice of the Federal courts to
provide equity in adjudicating disputes involving the Untied
States trademark rights of foreign nationals whose businesses
at home have been confiscated by their governments.
(13) Therefore, section 211 of the Department of Commerce
and Related Agencies Appropriations Act, 1999, is not necessary
for the courts to reach equitable results with respect to the
trademark and trade name rights of foreign nationals who have
suffered from confiscation of their businesses at home, and
that the repeal of such section will return to the courts the
full authority to give due consideration to all the relevant
issues, both legal and equitable, with respect to such
trademarks and trade names.
(b) Purpose.--The purpose of this Act is to improve and promote
compliance with international intellectual property obligations and to
defend United States intellectual property interests from suspension of
benefits abroad, including in the European Community and its member
states, Cuba, and in signatories of the General Inter-American
Convention for Trade Mark and Commercial Protection and the Agreement
on Trade-Related Aspects of Intellectual Property Rights.
SEC. 3. ADHERENCE TO INTERNATIONAL AGREEMENTS AND UNDERSTANDINGS.
(a) Repeal.--Section 211 of the Department of Commerce and Related
Agencies Appropriations Act, 1999 (as contained in section 101(b) of
division A of Public Law 105-277; 112 Stat. 2681-88) is repealed.
(b) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Treasury shall issue such
regulations as are necessary to carry out the repeal made by subsection
(a), including removing any prohibition on transactions or payments to
which subsection (a)(1) of section 211 of the Department of Commerce
and Related Agencies Appropriations Act, 1999 applied.
SEC. 4. AUTHORITY OF COURTS.
United States courts shall have the authority to recognize,
enforce, or otherwise validate an assertion of rights in any mark or
trade name based on common law rights or registration or under any
applicable provision of law or any applicable treaty to which the
United States is a party.
SEC. 5. PROTECTION OF UNITED STATES INTELLECTUAL PROPERTY RIGHTS.
(a) Estimates of Barriers to Market Access.--For purposes of
preparing the report required by section 181 of the Trade Act of 1974
(19 U.S.C. 2241) for calendar year 2005, the United States Trade
Representative shall examine the policies and practices of Cuba with
respect to protecting and enforcing intellectual property rights.
(b) Identification of Countries That Deny Adequate Protection, or
Market Access, for Intellectual Property Rights.--For purposes of
meeting the requirements of section 182 of the Trade Act of 1974 (22
U.S.C. 2242) with respect to the report required by section 181 of such
Act for calendar year 2005, the United States Trade Representative
shall give due consideration to the findings of the Trade
Representative pursuant to subsection (a). | United States Trademark Defense Act of 2005 - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition against U.S. courts recognizing, enforcing, or otherwise validating any assertion of rights by a designated Cuban national of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government.
Requires the Secretary of the Treasury to issue regulations as necessary to repeal such provisions, including removing any applicable prohibition on transactions or payments.
Authorizes U.S. courts to recognize, enforce, or otherwise validate an assertion of rights in any mark or trade name based on common law rights or registration or under any applicable provision of law or any applicable treaty to which the United States is a party.
Requires the United States Trade Representative to examine policies and practices of Cuba with respect to protecting and enforcing intellectual property rights. | {"src": "billsum_train", "title": "To improve and promote compliance with international intellectual property obligations and to defend United States intellectual property interests from suspension of benefits abroad, and for other purposes."} | 1,540 | 211 | 0.53835 | 1.571322 | 0.72456 | 5.152047 | 8.374269 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hero Street USA Commemorative Coin
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1968, 2nd Street of Silvis, Illinois, was renamed
Hero Street, a tribute to the sacrifice and patriotism of its
residents.
(2) Many Mexican families immigrated to Silvis during the
1920s and 1930s, seeking work with the local railroad line, and
settled on 2nd Street, where low-cost housing was available to
railroad workers and their families.
(3) When the United States entered World War II, the young
men of 2nd Street answered the Nation's call to serve. Of this
first generation of 2nd Street residents, six were killed in
World War II and two in the Korean Conflict.
(4) Despite tragedy, a strong tradition of military service
persisted within this small, historically Latino community as
the younger generations enlisted or were drafted.
(5) Today, over 100 men and women from Hero Street have
served in the Armed Forces of the United States, a
concentration higher than any other street comparable in size.
(6) The legacy of these brave soldiers has transformed this
small street into a point of national pride, and a park and
monument have been built in Silvis to honor the 8 deceased
service members as well as all who have served in the United
States Military.
(7) 2018 will mark the 50th anniversary of Hero Street's
renaming.
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 in commemoration of the semi centennial of the naming
of Hero Street:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26,73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain at least 90 percent silver with the
remainder copper.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design of the coin minted under this Act shall
be emblematic of Hero Street USA.
(b) Designation and Inscription.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2018''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of coin under this Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2018, and ending on
December 31, 2018.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coin;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of the
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(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 paid to the Wounded Warrior
Project to carry out the organization's mission of honoring and
empowering our Nation's wounded warriors.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the Federal Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code. | Hero Street USA Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue coins emblematic of Hero Street (in Silvis, Illinois) in the following amounts in commemoration of the semi-centennial of the naming of Hero Street: (1) 50,000 $5 gold coins, (2) 400,000 $1 silver coins, and (3) 750,000 half-dollar clad coins. Coins may be issued only between January 1 and December 31, 2018. There must be surcharges of: (1) $35 per coin for the $5 coin, (2) $10 per coin for the $1 coin, and (3) $5 per coin for the half-dollar coin, all to be paid to implement the Wounded Warrior Project. The Treasury must act to ensure that coin minting and issuance do not result in any net cost to the federal government. | {"src": "billsum_train", "title": "Hero Street USA Commemorative Coin Act"} | 1,422 | 174 | 0.545488 | 1.780871 | 0.821589 | 4.805714 | 7.468571 | 0.92 |
SECTION 1. CONSOLIDATION OF TAXES ON AVIATION GASOLINE.
(a) In General.--Subparagraph (A) of section 4081(a)(2) of the
Internal Revenue Code of 1986 (relating to imposition of tax on
gasoline and diesel fuel) is amended by redesignating clause (ii) as
clause (iii) and by striking clause (i) and inserting the following:
``(i) in the case of gasoline other than
aviation gasoline, 18.3 cents per gallon,
``(ii) in the case of aviation gasoline,
19.3 cents per gallon, and''.
(b) Termination.--Subsection (d) of section 4081 of such Code is
amended by redesignating paragraph (2) as paragraph (3) and by
inserting after paragraph (1) the following new paragraph:
``(2) Aviation gasoline.--On and after January 1, 1996, the
rate specified in subsection (a)(2)(A)(ii) shall be 4.3 cents
per gallon.''
(c) Repeal of Retail Level Tax.--
(1) Subsection (c) of section 4041 of such Code is amended
by striking paragraphs (2) and (3) and by redesignating
paragraphs (4) and (5) as paragraphs (2) and (3), respectively.
(2) Paragraph (3) of section 4041(c) of such Code, as
redesignated by paragraph (1), is amended by striking
``paragraphs (1) and (2)'' and inserting ``paragraph (1)''.
(d) Conforming Amendments.--
(1) Paragraph (1) of section 4041(k) of such Code is
amended by adding ``and'' at the end of subparagraph (A), by
striking ``, and'' at the end of subparagraph (B) and inserting
a period, and by striking subparagraph (C).
(2) Paragraph (1) of section 4081(d) of such Code is
amended by striking ``each rate of tax specified in subsection
(a)(2)(A)'' and inserting ``the rates of tax specified in
clauses (i) and (iii) of subsection (a)(2)(A)''.
(3) Sections 6421(f)(2)(A) and 9502(f)(1)(A) of such Code
are each amended by striking ``section 4041(c)(4)'' and
inserting ``section 4041(c)(2)''.
(4) Paragraph (2) of section 9502(b) of such Code is
amended by striking ``14 cents'' and inserting ``15 cents''.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 1994.
(f) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of aviation gasoline on
which tax was imposed under section 4081 of such Code before
October 1, 1994, and which is held on such date by any person,
there is hereby imposed a floor stocks tax of 1 cent per gallon
of such gasoline.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding aviation
gasoline on October 1, 1994, to which the tax imposed
by paragraph (1) applies shall be liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before March 31, 1995.
(3) Definitions.--For purposes of this subsection:
(A) Held by a person.--Gasoline shall be considered
as ``held by a person'' if title thereto has passed to
such person (whether or not delivery to the person has
been made).
(B) Secretary.--The term `Secretary' means the
Secretary of the Treasury or his delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to gasoline held by any person
exclusively for any use to the extent a credit or refund of the
tax imposed by section 4081 of such Code is allowable for such
use.
(5) Exception for fuel held in aircraft tank.--No tax shall
be imposed by paragraph (1) on aviation gasoline held in the
tank of an aircraft.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on aviation gasoline held on October 1,
1994, by any person if the aggregate amount of aviation
gasoline held by such person on such date does not
exceed 6,000 gallons. The preceding sentence shall
apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary)
such information as the Secretary shall require for
purposes of this paragraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account fuel held by any
person which is exempt from the tax imposed by
paragraph (1) by reason of paragraph (4) or (5).
(C) Controlled groups.--
(i) Corporations.--In the case of a
controlled group, the 6,000 gallon amount in
subparagraph (A) shall be apportioned among the
component members of such group in such manner
as the Secretary shall by regulations
prescribe. For purposes of the preceding
sentence, the term ``controlled group'' has the
meaning given to such term by subsection (a) of
section 1563 of such Code; except that for such
purposes the phrase ``more than 50 percent''
shall be substituted for the phrase ``at least
80 percent'' each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of clause (i) shall apply to a group under
common control where 1 or more of the members
is not a corporation.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed
by paragraph (1) to the same extent as if such taxes were
imposed by such section 4081. | Amends the Internal Revenue Code to impose a tax on aviation gasoline at the refinery level. Repeals such tax at the retail level. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to consolidate the retail level and refinery level taxes on aviation gasoline by imposing the entire tax at the refinery level."} | 1,383 | 33 | 0.507701 | 1.162425 | 0.694574 | 1.5 | 48.5 | 0.807692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Speech and Citizen Fairness Act
of 2010''.
SEC. 2. REPEAL OF ANNUAL AGGREGATE LIMIT ON AMOUNT OF CONTRIBUTIONS BY
INDIVIDUALS.
(a) In General.--Section 315(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(a)) is amended by striking paragraph (3).
(b) Conforming Amendments.--Section 315(c) of such Act (2 U.S.C.
441a(c)) is amended--
(1) in paragraph (1)(B)(i), by striking ``(a)(3),'';
(2) in paragraph (1)(C), by striking ``(a)(3),''; and
(3) in paragraph (2)(B)(ii), by striking ``(a)(3),''.
SEC. 3. REPEAL OF LIMITATIONS ON AMOUNT OF COORDINATED EXPENDITURES BY
POLITICAL PARTIES.
(a) In General.--Section 315(d) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(d)) is amended--
(1) by striking ``(d)(1)'' and inserting ``(d)'';
(2) by striking ``, subject to the limitations contained in
paragraphs (2), (3), and (4) of this subsection''; and
(3) by striking paragraphs (2), (3), and (4).
(b) Conforming Amendments.--Section 315(c) of such Act (2 U.S.C.
441a(c)) is amended--
(1) in paragraph (1)(B)(i), by striking ``(d),''; and
(2) in paragraph (2)(B)(i), by striking ``subsections (b)
and (d),'' and inserting ``subsection (b),''.
SEC. 4. BLOGGER PROTECTION.
(a) Exemption of Uncompensated Individual Internet Activity From
Treatment as Contribution or Expenditure.--
(1) Exemptions.--
(A) Exemption from treatment as contribution.--
Section 301(8)(B) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431(8)(B)) is amended--
(i) by striking ``and'' at the end of
clause (xiii);
(ii) by striking the period at the end of
clause (xiv) and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(xv) any uncompensated personal services related to
Internet activities, or use of equipment or services for
uncompensated Internet activities, that are engaged in by any
individual, group of individuals, or corporation wholly owned
by one or more individuals that engages primarily in Internet
activities and does not derive a substantial portion of its
revenue from sources other than income from its Internet
activities, other than--
``(I) any payment for a public communication (other
than a nominal fee),
``(II) any payment for the purchase or rental of an
email address list made at the direction of a political
committee, or
``(III) any payment for an email address list that
is transferred to a political committee.''.
(B) Exemption from treatment as expenditure.--
Section 301(9)(B) of such Act (2 U.S.C. 431(9)(B)) is
amended--
(i) by striking ``and'' at the end of
clause (ix);
(ii) by striking the period at the end of
clause (x) and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(xi) any uncompensated personal services related to
Internet activities, or use of equipment or services for
uncompensated Internet activities, that are engaged in by any
individual, group of individuals, or corporation wholly owned
by one or more individuals that engages primarily in Internet
activities and does not derive a substantial portion of its
revenue from sources other than income from its Internet
activities, other than--
``(I) any payment for a public communication (other
than a nominal fee),
``(II) any payment for the purchase or rental of an
email address list made at the direction of a political
committee, or
``(III) any payment for an email address list that
is transferred to a political committee.''.
(2) Internet activity defined.--Section 301 of such Act (2
U.S.C. 431) is amended by adding at the end the following new
paragraph:
``(27) Internet Activity.--The term `Internet activity' includes
sending or forwarding electronic messages, providing a hyperlink or
other direct access to another person's Web site, blogging, creating,
maintaining, or hosting a Web site, paying a nominal fee for the use of
another person's Web site, and any other form of communication
distributed over the Internet.''.
(b) Coverage of Blogs and Other Internet and Electronic
Publications Under General Media Exemption.--Section 301(9)(B)(i) of
such Act (2 U.S.C. 431(9)(B)(i)) is amended by inserting ``including
any Internet or electronic publication (including a blog),'' after
``periodical publication,''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
expenditures and disbursements made during 2010 or any succeeding year. | Free Speech and Citizen Fairness Act of 2010 - Amends the Federal Election Campaign Act of 1971 to repeal the annual aggregate limit on the amount of contributions by individuals in a federal election campaign to: (1) candidates and their authorized committees; and (2) political committees which are not political committees of national political parties.
Repeals the limitations on the amount of coordinated or independent expenditures in a federal election campaign by national or state political parties.
Exempts from treatment as a contribution or an expenditure in a federal election campaign any uncompensated personal services related to Internet activities, or use of equipment or services for uncompensated Internet activities, engaged in by any individual, group of individuals, or corporation wholly owned by one or more individuals that: (1) engages primarily in Internet activities; and (2) does not derive a substantial portion of its revenue from sources other than income from its Internet activities.
States that "Internet activity" includes: (1) sending or forwarding electronic messages; (2) providing a hyperlink or other direct access to another person's website; (3) blogging; (4) creating, maintaining, or hosting a website; (5) paying a nominal fee for the use of another person's website; and (6) any other form of communication distributed over the Internet.
Extends the general media exemption from treatment as an expenditure to any Internet or electronic publication (including a blog). | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to repeal the limitation on the annual aggregate amount of contributions individuals may make to candidates for election for Federal office, to repeal the limitations on the amount of coordinated expenditures by political parties, and to protect uncompensated Internet activity by individuals from treatment as a contribution or expenditure under the Act."} | 1,290 | 295 | 0.585173 | 1.579565 | 0.738638 | 4.082734 | 3.863309 | 0.910072 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retooling America's Workers for a
Green Economy Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In October 2008, the numbers of mass layoffs (involving
over 50 workers at one time) and initial unemployment claims
reached their highest levels since 2001. According to the
National Renewable Energy Laboratory, however, a major barrier
to more rapid adoption of clean and renewable energy and energy
efficiency measures is the lack of sufficient workers skilled
in green technology.
(2) In December 2008, unemployment figures showed a sharp
deterioration in the economy. The unemployment rate rose from
6.8 percent in November, to 7.2 percent in December, of 2008.
Employers shed 524,000 jobs in December 2008, and 1,900,000
jobs were lost over just the last 4 months of 2008. These job
losses were widespread across most major industry sectors.
(3) According to the Bureau of Labor Statistics, 11,100,000
people were unemployed in December 2008, an increase of
3,600,000 people since the recession started in December 2007.
In December 2008, the number of workers who wanted to work
full-time but worked part-time because their hours were cut or
they could not find full-time jobs reached 8,000,000, up
3,400,000 since December 2007.
(4) Analysts say that the Nation has yet to see the worst
of the economic fallout. The latest prediction from HIS Global
Insight forecasts that unemployment will be an estimated 8.6
percent by the end of 2009.
(5) The reality of climate change and a shared desire to
protect the environment for future generations have the
potential to spur economic growth in green-collar jobs across
the industrial spectrum. In order to prepare United States
workers to build greener communities in both urban and rural
settings, the Nation will need to make an investment in skills
development for jobs in the current and future economies.
SEC. 3. PURPOSE.
The purpose of this Act is to retool America's workers--including
dislocated workers, those who are long-term unemployed individuals, and
those who are low-skilled individuals, limited English proficient
individuals, individuals with disabilities, or older workers--for
green-collar industries, for existing viable industries, and for new
and emerging industries so that the workers described in this section
can contribute to the long-term competitiveness of the United States
and its quality of life.
SEC. 4. DEFINITIONS.
In this Act:
(1) In general.--The terms ``adult'', ``chief elected
official'', ``dislocated worker'', ``employment and training
activities'', ``individual with a disability'', ``local area'',
``local board'', ``outlying area'', ``rapid response
activities'', ``Secretary'', ``State'', and ``State board''
have the meanings given the terms in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801).
(2) Community college.--The term ``community college''
means a 2-year institution of higher education, as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(3) Green-collar industries.--The term ``green-collar
industries'' means industries throughout the economy of the
United States--
(A) that promote energy efficiency, energy
conservation, and environmental protection, including
promoting renewable energy and clean technology;
(B) that offer jobs with substantial pay and
benefits; and
(C) that are industries in which there is likely to
be continued demand for workers.
SEC. 5. ACTIVITIES FOR DISLOCATED WORKERS.
(a) General Authority.--The Secretary is authorized to reserve
$2,000,000,000 of the funds appropriated under this Act for rapid
response activities, for dislocated worker employment and training
activities under chapter 5 of subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2861 et seq.), or for employment and
training assistance and additional assistance under section 173(a) of
such Act (29 U.S.C. 2918(a)).
(b) National Emergency Grants.--Of the reserved funds, the
Secretary may use not more than $500,000,000 to award national
emergency grants--
(1) to provide employment and training assistance to
workers affected by major economic dislocations under section
173(a)(1) of such Act (29 U.S.C. 2918(a)(1)); and
(2) to provide additional assistance under section
173(a)(3) of such Act (29 U.S.C. 2918(a)(3)) to a State or
local board that meets the requirements of that section (in a
case in which the expended funds involved were expended for
assistance described in paragraph (1)).
(c) State Activities.--
(1) In general.--After determining an amount from the
reserved funds to be used under subsection (b), the Secretary
may use the remaining funds to make allotments to States, and
outlying areas, consistent with the allotment formula under
section 132(b)(2) of such Act (29 U.S.C. 2862(b)(2)). Each
State or outlying area may use 25 percent of the State's or
outlying area's allotment for statewide rapid response
activities for permanent closures or mass layoffs described in
section 101(38) of such Act (42 U.S.C. 2801(38)) and efforts to
avert future permanent closures or mass layoffs described in
such section.
(2) Use of dislocated workers to provide activities.--In
providing statewide rapid response activities, States or
entities designated by States (and outlying areas or entities
designated by outlying areas), working in conjunction with
local boards and chief elected officials, may enhance their
services by employing dislocated workers to provide outreach,
informal coaching, counseling or mentoring support, and
information to other dislocated workers or unemployed persons.
(d) Local Activities.--
(1) In general.--Each State or outlying area shall use 75
percent of the State's or outlying area's allotment to make
allocations directly to local boards, for local areas, using
the formula under section 133(b)(2)(B) of such Act (29 U.S.C.
2863(b)(2)(B)).
(2) Priority.--A local board that receives an allocation
under paragraph (1) shall use the funds made available through
the allocation for dislocated worker employment and training
activities. In providing the activities the local board shall
give priority to providing the employment and training
activities, including on-the-job training, in viable industries
identified at the regional or local levels, including green-
collar industries.
(e) Report to Secretary.--Each State, in submitting an annual
report under section 136(d) of such Act (29 U.S.C. 2871(d)), shall
include information on entry of individuals who participated in
employment and training activities in green-collar industries and other
viable industries under this section into unsubsidized employment in a
green-collar industry or other viable industry.
(f) Report to Congress.--The Secretary shall annually prepare and
submit to the appropriate committees of Congress information on entry
of individuals who received services under subsection (b) into
unsubsidized employment in a green-collar industry or other viable
industry.
SEC. 6. ACTIVITIES FOR ADULTS WITH MULTIPLE BARRIERS TO EMPLOYMENT.
(a) Purpose.--The purpose of this section is to fully utilize the
Nation's human capital by--
(1) helping adults with multiple barriers to employment
acquire the skills to obtain jobs in viable industries, by
providing intensive services, training services, and other
employment and training activities; and
(2) in particular, by providing employment and training
activities in green-collar industries and other viable
industries.
(b) Definition.--The term ``adult with multiple barriers to
employment'' means an adult who is long-term unemployed, a low-skilled
individual, limited English proficient, an individual with a
disability, or an older worker, with multiple barriers to finding a job
in a viable industry.
(c) General Authority.--The Secretary is authorized to reserve
$800,000,000 of the funds appropriated under this Act to carry out this
section. The Secretary shall use the reserved funds to make allotments
to States and outlying areas, consistent with the allotment formula
under section 132(b)(1) of the Workforce Investment Act of 1998 (29
U.S.C. 2862(b)(1)) to provide employment and training activities to
adults with multiple barriers to employment.
(d) State Activities.--Each State or outlying area may use 10
percent of the State's or outlying area's allotment to assist local
boards in providing employment and training activities to adults with
multiple barriers to employment, and assist the adults in attaining
jobs in viable industries, with as much flexibility as is practicable.
In providing assistance under this subsection, the State or outlying
area may provide aid that includes assistance with system alignment
(described in subsection (e)(1)(D)), the provision of capacity building
and professional development activities for staff, and the provision of
enhanced regional sector-based labor market information.
(e) Local Activities.--
(1) In general.--Each State or outlying area shall use 90
percent of the State's or outlying area's allotment to make
grants, on a competitive basis, to local boards for local
areas, to provide employment and training activities to adults
with multiple barriers to employment.
(2) Priority.--In making the grants, the chief executive
officer of the State or outlying area, in consultation with the
State board involved, shall give priority to those local boards
that--
(A) align their local areas to create regions that
reflect natural labor markets or economic development
districts;
(B) reflect regional strategic partnerships
described in paragraph (3) among local boards, industry
(including business and labor), schools (including
community colleges), and other community organizations
to provide coherent programs of employment and training
activities;
(C) make special efforts to conduct outreach and
provide services to adults with multiple barriers to
employment who need to advance their careers or seek
second careers due to the economic downturn;
(D) align adult education, career and technical
education, workforce investment, economic development,
and related systems and resources to provide career
pathway strategies for helping low-skilled individuals
navigate through the continuum of needed education and
supports, to ultimately achieve a postsecondary
education credential or an industry-recognized
certificate and a job leading to economic self-
sufficiency;
(E) provide an assurance that the local board will
use at least 90 percent of the grant funds for
intensive services described in section 134(d)(3)(C)
and training services described in section 134(d)(4)(D)
of such Act (29 U.S.C. 2864(d)(3)(C), 2864(d)(4)(D)),
without regard to the eligibility requirements of
section 134(d) of such Act (29 U.S.C. 2864(d)).
(3) Strategic partnership.--
(A) In general.--For purposes of this section, a
strategic partnership shall, in particular, be composed
of at least 1 representative of a local board serving a
community, and of each of the 8 types of organizations
described in subparagraph (B).
(B) Types of organizations.--The types of
organizations referred to in subparagraph (A) are
businesses, unions, labor-management partnerships,
schools (including community colleges), public
agencies, nonprofit community organizations, economic
development entities, and philanthropic organizations,
that are actively engaged in providing employment and
training activities, including work opportunities and
support, to adults with multiple barriers to
employment.
(f) Report to Secretary.--
(1) In general.--Each State, in submitting an annual report
under section 136(d) of such Act (29 U.S.C. 2871(d)), shall
include information--
(A) on acquisition of a recognized postsecondary
education credential or an industry-recognized
certificate by adults with multiple barriers to
employment who participated in employment and training
activities under this section;
(B) on entry of such adults, who participated in
such activities, into positions in unsubsidized
employment in viable industries; and
(C) for adults referred to in subparagraph (B), on
average wages in such positions.
(2) Refinements.--In establishing standards for the
reports, the Secretary shall refine indicators to eliminate any
unintended consequences for adults with multiple barriers to
employment, or such adults who may need and seek less than
full-time employment along a career path.
SEC. 7. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER TRAINING PROGRAM.
The Secretary shall reserve $625,000,000 of the funds appropriated
under this Act to carry out section 171(e) of the Workforce Investment
Act of 1998 (29 U.S.C. 2916(e)).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Labor
for activities described in this Act, $3,425,000,000, which shall be
available for the period of January 1, 2009 through December 31, 2010. | Retooling America's Workers for a Green Economy Act - Authorizes the Secretary of Labor to reserve specified portions of certain appropriations to: (1) award national emergency grants and provide additional assistance to eligible entities for employment and training activities in green-collar industries for dislocated workers affected by major economic dislocations or a major disaster, as well as assistance for statewide rapid response activities for permanent closures or mass layoffs; (2) make allotments to states and outlaying areas to provide employment and training activities in green-collar industries for adults with multiple barriers to employment; and (3) carry out the energy efficiency and renewable energy worker training program. | {"src": "billsum_train", "title": "A bill to provide funding for unemployment and training activities for dislocated workers and adults, and for other purposes."} | 2,957 | 144 | 0.477194 | 1.572566 | 0.585163 | 4.04918 | 21.459016 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Transparency and Accountability
Act of 2010'' or the ``ITA Act of 2010''.
SEC. 2. DISCLOSURES REQUIRED.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
is amended by adding at the end the following new subsection:
``(m) Disclosure of Iranian Investments.--
``(1) General disclosure required.--Each issuer required to
file an annual or quarterly report under subsection (a) shall
include with such report a statement of whether, during the
period since the issuer made the last such report, the issuer,
or any subsidiary or affiliate of the issuer--
``(A) engaged in any activity that is a covered
activity;
``(B) knowingly engaged in an activity described
under section 104(c)(2) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010
or knowingly violated regulations prescribed under
section 104(d)(1) or 104(e)(1) of such Act; or
``(C) has had any ties to a company designated by
the Secretary of the Treasury or the Secretary of State
under Executive Order 13382 for contributing or
supporting the proliferation activities of Iran.
``(2) Specific disclosure required.--If the issuer, or any
subsidiary or affiliate of the issuer, reports under paragraph
(1)(A) that it has engaged in any activity that is a covered
activity, then with respect to each such activity that is a
covered entity, the issuer shall include with the statement
described under paragraph (1) a detailed description of each
such activity, including--
``(A) the nature and extent of such activity;
``(B) the revenues and profits, if any,
attributable to such activity; and
``(C) whether the issuer, or the subsidiary or
affiliate of the issuer, as applicable, intends to
continue such activity.
``(3) Investigation of disclosures.--With respect to any
issuer that, in a statement described under paragraph (1),
states that the issuer, or any subsidiary or affiliate of the
issuer, engaged in any activity that is a covered activity, the
President shall carry out an investigation upon receipt of such
report to determine if the issuer, or the subsidiary or
affiliate of the issuer, should be subject to sanctions under
section 5 of the Iran Sanctions Act of 1996.
``(4) Public disclosure of information.--With respect to
any information received by the Commission pursuant to
paragraph (1) or (2), the Commission shall--
``(A) make such information available to the
public, including on a dedicated location on the
Commission's website that lists all issuers from which
the Commission received information pursuant to
paragraph (1) or (2);
``(B) provide a copy of such information to the
Secretary of State;
``(C) provide a copy of such information to the
Secretary of the Treasury;
``(D) provide a copy of such information to the
Administrator of the General Services Administration;
and
``(E) provide a copy to the Committees on Foreign
Affairs and Financial Services of the House of
Representatives and the Committees on Foreign Relations
and Banking, Housing, and Urban Affairs of the Senate.
``(5) Covered activity defined.--For purposes of this
subsection, the term `covered activity' means an activity is of
a type and involving an amount that could subject the issuer,
or the subsidiary or affiliate of the issuer, as applicable, to
sanctions under section 5 of the Iran Sanctions Act of 1996.
``(6) Sunset.--The provisions of this subsection shall
terminate on the date on which the President certifies to
Congress that--
``(A) the Government of Iran has ceased providing
support for acts of international terrorism and no
longer satisfies the requirements for designation as a
state sponsor of terrorism under--
``(i) section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A));
``(ii) section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)); or
``(iii) section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)); and
``(B) Iran has ceased the pursuit, acquisition, and
development of nuclear, biological, and chemical
weapons and ballistic missiles and ballistic missile
launch technology.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to reports required to be filed with the
Securities and Exchange Act after the end of the 90-day period
beginning on the date of the enactment of this Act. | Iran Transparency and Accountability Act of 2010 or ITA Act of 2010 - Amends the Securities Exchange Act of 1934 to require an issuer to state, in its mandatory periodic report, whether it (or any subsidiary or affiliate) has: (1) engaged in an activity of a type and involving an amount that could subject it to sanctions under the Iran Sanctions Act of 1996; (2) knowingly engaged in an activity or violated regulations described under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; or (3) had any ties to a company designated by either the Secretary of the Treasury or the Secretary of State as contributing or supporting the proliferation activities of Iran.
Prescribes specified disclosures. Requires the Securities and Exchange Commission (SEC) to make such disclosures public.
Directs the President, upon receipt of such report, to investigate and determine if the issuer should be subject to sanctions under the Iran Sanctions Act of 1996. | {"src": "billsum_train", "title": "To amend the Securities Exchange Act of 1934 to require issuers to make disclosures related to Iranian investments, and for other purposes."} | 1,070 | 209 | 0.672964 | 2.087964 | 0.774023 | 4.379121 | 5.384615 | 0.93956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Vehicle Safety Integrity
Employment Act''.
SEC. 2. PROFESSIONAL RESPONSIBILITY INTEGRITY PERIOD.
(a) In General.--Subchapter I of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``30107. Restriction on certain employment activities.
``(a) NHTSA Employees.--
``(1) In general.--A individual to whom this subsection
applies who is employed by the National Highway Traffic Safety
Administration may not commence employment with, or otherwise
advise, provide assistance to, or represent for compensation, a
manufacturer or other person subject to regulation under this
chapter during the 36-month period commencing upon that
individual's termination of employment with the National
Highway Traffic Safety Administration if such employment,
advice, assistance, or representation involves--
``(A) written or oral communication with the
National Highway Traffic Safety Administration on any
matter relating to compliance with the requirements of
this chapter on behalf of the manufacturer or person;
``(B) representing or advising a manufacturer with
respect to a motor vehicle safety or fuel economy
issue, including any defect related to motor vehicle
safety, compliance with a motor vehicle safety
standard, or compliance with an average fuel economy
standard prescribed under chapter 329 of this title; or
``(C) assisting a manufacturer in responding to a
request for information from the National Highway
Traffic Safety Administration.
``(2) Application.--
``(A) In general.--This subsection applies to any
individual--
``(i) to whom section 207 (c) or (d) of
title 18 applies; or
``(ii) whose responsibilities during his or
her last 12 months of employment at the
National Highway Traffic Safety Administration
included administrative, managerial,
supervisory, legal, or senior technical
responsibility for any motor vehicle safety-
related program or activity.
``(3) Safe harbor.--This subsection does not apply to any
individual employed by a manufacturer or other person subject
to regulation under this chapter as of the date of enactment of
the Motor Vehicle Safety Integrity Employment Act.
``(b) Manufacturers.--It is unlawful for any manufacturer or other
person subject to regulation under this chapter to employ or contract
for the services of an individual to whom subsection (a) applies during
the 36-month period commencing on the individual's termination of
employment with the National Highway Traffic Safety Administration in a
capacity in which the individual is prohibited from serving during that
period.''.
(b) Civil penalty.--Section 30165(a) of title 49, United States
Code, is amended by adding at the end the following:
``(4) Section 30107.--An individual who violates section
30107(a) is liable to the United States Government for a civil
penalty as determined under section 216(b) of title 18 for an
offense under section 207 of that title. A manufacturer or
other person subject to regulation under this chapter who
violates section 30107(b) is liable to the United States
Government for a civil penalty of the sum of--
``(A) an amount equal to not less than $100,000;
and
``(B) an amount equal to 90 percent of the annual
compensation or fee paid or payable to the individual
with respect to whom the violation occurred.''.
(c) Conforming Amendment.--The table of contents for chapter 301 of
title 49, United States Code, is amended by inserting after the item
relating to section 30106 the following:
``30107. Restriction on certain employment activities.''.
SEC. 3. STUDY OF DEPARTMENT OF TRANSPORTATION POLICIES ON OFFICIAL
COMMUNICATION WITH FORMER MOTOR VEHICLE SAFETY ISSUE
EMPLOYEES.
Within 1 year after the date of enactment of this Act the
Department of Transportation Inspector General shall--
(1) review the Department's policies and procedures
applicable to official communication with former employees
concerning motor vehicle safety compliance matters for which
they had responsibility during the last 12 months of their
tenure at the Department, including any limitations on the
ability of such employees to submit comments, or otherwise
communicate directly with the Department, on motor vehicle
safety issues; and
(2) submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce containing the Inspector
General's findings, conclusions, and recommendations for
strengthening those policies and procedures to minimize the
risk of undue influence without compromising the ability of the
Department to employ and retain highly qualified individuals
for such responsibilities.
SEC. 4. POST-EMPLOYMENT POLICY STUDY.
(a) In General.--The Department of Transportation Inspector General
shall conduct a study of the Department's policies relating to post-
employment restrictions on employees who perform functions related to
transportation safety.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Inspector General shall submit a report containing the
results of the study conducted under subsection (a) to--
(1) the Senate Committee on Commerce, Science, and
Transportation;
(2) the House of Representatives Committee on Energy and
Commerce; and
(3) the Secretary of Transportation.
(c) Use of Results.--The Secretary of Transportation shall review
the results of the study and take whatever action the Secretary
determines to be appropriate. | Motor Vehicle Safety Integrity Employment Act - Prohibits National Highway Traffic Safety Administration (NHTSA) employees, during the 36-month period following the employee's termination of employment with NHTSA, from commencing employment with, or otherwise advising, assisting, or representing for compensation a manufacturer or other person subject to federal motor vehicle safety regulation, if such position or activity involves: (1) communicating with NHTSA regarding motor vehicle safety compliance; (2) representing or advising a manufacturer regarding compliance with motor vehicle safety or average fuel economy standards; or (3) assisting a manufacturer in responding to a NHTSA request for information.
Prohibits a motor vehicle manufacturer or other person from employing NHTSA employees in any such prohibited capacity during the 36-month period following the employee's termination of employment with NHTSA.
Prescribes civil penalties for violations of this Act.
Directs the Inspector General of the Department of Transportation (DOT) to study and report to specified congressional committees on DOT policies and procedures regarding: (1) official communication with former motor vehicle safety employees concerning motor vehicle safety compliance matters for which they had responsibility during the last 12 months of their tenure at DOT; and (2) post-employment restrictions on employees who perform transportation safety functions. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to prohibit individuals who have worked on motor vehicle safety issues at NHTSA from assisting motor vehicle manufacturers with NHTSA compliance matters for a period of 3 years after terminating employment at NHTSA, and for other purposes."} | 1,193 | 266 | 0.692402 | 1.98505 | 0.84477 | 3.415966 | 4.617647 | 0.903361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Recruitment Act of 2002''.
SEC. 2. EXPANSION OF TEACHER LOAN FORGIVENESS PROGRAMS.
(a) Guaranteed Student Loans.--Part B of title IV of the Higher
Education Act of 1965 is amended by--
(1) redesignating section 428K (20 U.S.C. 1078-11) as
section 428L; and
(2) by inserting after section 428J the following new
section:
``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS.
``(a) Purpose.--It is the purpose of this section to expand,
subject to the availability of appropriations therefor, the eligibility
of individuals to qualify for loan forgiveness for teachers beyond that
available under section 428J, in order to provide additional incentives
for such individuals to teach in economically disadvantaged or
depressed and underserved rural areas.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (i), the Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to
repay a qualified loan amount for a loan made under section 428
or 428H, in accordance with subsection (c), for any new
borrower on or after October 1, 1998, who--
``(A) is employed as a full-time teacher in a
public elementary or secondary school in an
economically disadvantaged or depressed and underserved
rural area;
``(B) has a State certification (which may include
certification obtained through alternative means) or a
State license to teach, and has not failed to comply
with State or local accountability standards; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall by
regulations, establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for loan
repayment under this section, based on the amount available
pursuant to subsection (i).
``(c) Qualified Loans Amount.--
``(1) In general.--The Secretary shall repay not more than
the percentage specified in paragraph (2) of the loan
obligation on a loan made under section 428 or 428H that is
outstanding after the completion of each complete school year
of teaching described in subsection (b)(1). No borrower may
receive a reduction of loan obligations under both this section
and section 460.
``(2) Percentage eligible.--The percent of the loan
obligation which the Secretary shall repay under paragraph (1)
of this subsection is 15 percent for the first or second year
of such service, 20 percent for the third or fourth year of
such service, and 30 percent for the fifth year of such
service.
``(3) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(4) Treatment of years of service for continuing
education loans.--For purposes of paragraph (2), the year of
service is determined on the basis of the academic year that
the borrower began the service as a full-time teacher, except
that in the case of a borrower who incurs a loan obligation for
continuing education expenses while teaching, the year of
service is determined on the basis of the academic year
following the academic year for which the loan obligation was
incurred.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) List.--If the list of schools in which a teacher may perform
service pursuant to subsection (b)(1)(A) is not available before May 1
of any year, the Secretary may use the list for the year preceding the
year for which the determination is made to make such service
determination.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any teacher who performs
service in a school that--
``(A) meets the requirements of subsection
(b)(1)(A) in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.).
``(h) Definition.--For purposes of this section:
``(1) Area.--The term `economically disadvantaged or
depressed and underserved rural area' means any of the
following areas in any State (as that term is defined in
section 103):
``(A) A rural area that has a chronically high rate
of unemployment.
``(B) A rural area in which at least 30 percent of
the households have household incomes of less than
$15,000, as determined on the basis of the most recent
decennial census.
``(C) An Indian reservation.
``(D) Any other rural area that, as determined by
regulations, has a significant shortage of educational
and employment opportunities.
``(2) Indian reservation.--The term `Indian reservation'
includes Indian reservations, public domain Indian allotments,
former Indian reservations in Oklahoma, and land held by
incorporated Native Alaskan groups, regional corporations, and
village corporations under the provisions of the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(3) Year.--The term `year', where applied to service as a
teacher, means an academic year as defined by the Secretary.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2002 and each of the 5 succeeding fiscal years.''.
(b) Direct Student Loans.--Part D of title IV of the Higher
Education Act of 1965 is amended by inserting after section 460 the
following new section:
``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS.
``(a) Purpose.--It is the purpose of this section to expand,
subject to the availability of appropriations therefor, the eligibility
of individuals to qualify for loan forgiveness for teachers beyond that
available under section 460, in order to provide additional incentives
for such individuals to teach in economically disadvantaged or
depressed and underserved rural areas.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (i), the Secretary shall carry out canceling the
obligation to repay a qualified loan amount in accordance with
subsection (c) for Federal Direct Stafford Loans and Federal
Direct Unsubsidized Stafford Loans made under this part for any
new borrower on or after October 1, 1998, but who--
``(A) is employed as a full-time teacher in a
public elementary or secondary school in an
economically disadvantaged or depressed and underserved
rural area;
``(B) has a State certification (which may include
certification obtained through alternative means) or a
State license to teach, and has not failed to comply
with State or local accountability standards; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall by
regulations, establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for loan
repayment under this section, based on the amount available
pursuant to subsection (i).
``(c) Qualified Loans Amount.--
``(1) In general.--The Secretary shall cancel not more than
the percentage specified in paragraph (2) of the loan
obligation on a loan made under this part that is outstanding after the
completion of each complete school year of teaching described in
subsection (b)(1). No borrower may receive a reduction of loan
obligations under both this section and section 428J.
``(2) Percentage eligible.--The percent of the loan
obligation which the Secretary shall repay under paragraph (1)
of this subsection is 15 percent for the first or second year
of such service, 20 percent for the third or fourth year of
such service, and 30 percent for the fifth year of such
service.
``(3) Treatment of consolidation loans.--A loan amount for
a Federal Direct Consolidation Loan may be a qualified loan
amount for the purposes of this subsection only to the extent
that such loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
a loan made under section 428 or 428H for a borrower who meets
the requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(4) Treatment of years of service for continuing
education loans.--For purposes of paragraph (2), the year of
service is determined on the basis of the academic year that
the borrower began the service as a full-time teacher, except
that in the case of a borrower who incurs a loan obligation for
continuing education expenses while teaching, the year of
service is determined on the basis of the academic year
following the academic year for which the loan obligation was
incurred.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) List.--If the list of schools in which a teacher may perform
service pursuant to subsection (b)(1)(A) is not available before May 1
of any year, the Secretary may use the list for the year preceding the
year for which the determination is made to make such service
determination.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any teacher who performs
service in a school that--
``(A) meets the requirements of subsection
(b)(1)(A) in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.).
``(h) Definition.--For purposes of this section:
``(1) Area.--The term `economically disadvantaged or
depressed and underserved rural area' means any of the
following areas in any State (as that term is defined in
section 103):
``(A) A rural area that has a chronically high rate
of unemployment.
``(B) A rural area in which at least 30 percent of
the households have household incomes of less than
$15,000, as determined on the basis of the most recent
decennial census.
``(C) An Indian reservation.
``(D) Any other rural area that, as determined by
regulations, has a significant shortage of educational
and employment opportunities.
``(2) Indian reservation.--The term `Indian reservation'
includes Indian reservations, public domain Indian allotments,
former Indian reservations in Oklahoma, and land held by
incorporated Native Alaskan groups, regional corporations, and
village corporations under the provisions of the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(3) Year.--The term `year', where applied to service as a
teacher, means an academic year as defined by the Secretary.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2002 and each of the 5 succeeding fiscal years.''. | Teacher Recruitment Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to establish new programs for teacher student loan forgiveness, under the guaranteed loan program and the direct loan program.Makes eligible for such student loan forgiveness any new borrower on or after October 1, 1998, who is: (1) employed as a full-time teacher in a public elementary or secondary school in an economically disadvantaged or depressed and underserved rural area; (2) State-certified or State-licensed to teach, and in compliance with State or local accountability standards; and (3) not in default on the loan.Directs the Secretary to establish a formula that ensures fairness and equality for applicants in the selection of borrowers for such loan repayment under this section, based on the amount available.Limits the portion of the outstanding loan obligation which the Secretary may repay to 15 percent for the first or second year of such service, 20 percent for the third or fourth year, and 30 percent for the fifth year. | {"src": "billsum_train", "title": "To expand the eligibility of individuals to qualify for loan forgiveness for teachers in order to provide additional incentives for teachers currently employed or seeking employment in economically depressed rural areas, Territories, and Indian Reservations."} | 2,820 | 213 | 0.684506 | 1.89042 | 0.846009 | 5.178571 | 13.05102 | 0.954082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Learning Assessment
for Students and Schools (CLASS) Act''.
SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS.
(a) Continuous Growth Models.--Clause (iii) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and
inserting ``for all students, as demonstrated by measures of students'
progress toward proficiency, including longitudinal growth''.
(b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended by adding at the end the following:
``(iv) The State may average data by other
means that are designed to increase the
stability of school-building results from year
to year.''.
(c) Adequate Yearly Progress by Group and Subject.--Section 1116(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)) is amended--
(1) in subparagraph (A) of paragraph (1), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails, for 2 consecutive
years,'';
(2) in paragraph (5), by inserting ``with respect to the
performance of a particular group of students described in
section 1111(b)(2)(C)(v) in the same academic subject,'' after
``that fails to make adequate yearly progress,'';
(3) in subparagraph (C) of paragraph (7), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails to make adequate yearly
progress,''; and
(4) in subparagraph (A) of paragraph (8), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``continues to fail to make adequate
yearly progress,''.
(d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
(1) at the end of clause (ii), by striking ``and'';
(2) at the end of clause (iii), by striking the period and
inserting ``; and''; and
(3) at the end, by adding the following:
``(iv) include multiple measures of student
academic achievement, such as the proportion of
State report card indicators met, a performance
index score, student drop-out rate, and a
measure based on individual student achievement
gains over time, disaggregated by each of the
groups of students described in subparagraph
(C)(v).''.
(e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)(D)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(IV) take into consideration the
continuum of achievement by children
within the advanced, proficient, and
basic levels of achievement described
in subclauses (II) and (III) and the
yearly progress by children within such
continuum.''.
(f) No First Score Requirement.--Clause (iv) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended--
(1) by striking ``(iv) measures'' and inserting ``(iv)(I)
measures'';
(2) by inserting ``and'' after ``in paragraph (3);''; and
(3) by adding at the end the following:
``(II) if a student takes an assessment
described in paragraph (3) for a particular
subject or grade level more than once, may use,
at the State's discretion, the student's
results from subsequent administrations of the
assessment;''.
(g) Limiting Transfer Options and Supplemental Services to Students
From Failing Groups.--Section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ``all
students enrolled in the school'' each place such term appears
and inserting ``all students enrolled in the school, who are
members of a group described in section 1111(b)(2)(C)(v) that
fails to make adequate yearly progress as defined in the
State's plan under section 1111(b)(2),'';
(2) in clause (vii) of subsection (c)(10)(C), by inserting
``, who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2),'' after
``Authorizing students''; and
(3) in subparagraph (A) of subsection (e)(12), by inserting
``, who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2)'' after
``under section 1113(c)(1)''.
(h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)(C)) is amended to read as follows:
``(ii) be fully aligned with the State's
challenging academic content and student
academic achievement standards, be aligned with
curriculum and instruction to adequately assess
the effect of curriculum and instruction on
each such challenging academic content
standard, include individual test items (based
on technical criteria) that enable students to
achieve the items if the students received
appropriate instruction, and provide coherent
information about student attainment of the
State's challenging academic content and
student academic achievement standards;''.
(i) Assessing Students With Disabilities.--
(1) In general.--Subsection (b) of section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311)
is amended by adding at the end the following:
``(11) Children with disabilities.--
``(A) Modification of standards, assessments.--With
respect to a child with a disability, a State plan
shall provide for alternate challenging academic
content standards and challenging student academic
achievement standards under paragraph (1)(A), alternate
high standards of academic achievement described in
paragraph (2)(C)(i), and alternate yearly student
academic assessments described in paragraph (3), to
align such standards and assessments with the child's
individualized education program.
``(B) Determination of applicable assessment.--In
carrying out this paragraph, consistent with the
Individuals with Disabilities Education Act, the
State--
``(i) shall allow the individualized
education program team of each child with a
disability in the State to determine whether an
alternate academic assessment should be
administered to the child in lieu of the
academic assessment otherwise required by
paragraph (3);
``(ii) shall require the individualized
education program team of the child to select
any such alternate academic assessment from
among the alternate assessments included in the
State's plan pursuant to subparagraph (C); and
``(iii) shall require that any alternate
academic assessment administered to a child
under this paragraph be more advanced than any
such assessment administered to the child in a
previous school year under this paragraph.
``(C) Alternative assessments.--Each State plan
shall include alternate academic assessments that may
be administered to children with disabilities for
purposes of complying with this paragraph.
``(D) Definition.--In this paragraph, the term
`individualized education program' has the meaning
given to that term in section 602 of the Individuals
with Disabilities Education Act.''.
(2) Rule of construction.--The amendment made by paragraph
(1) shall be construed as superseding the 2.0 percent cap at
section 200.13(c)(1) of title 34, Code of Federal Regulations
(imposing a cap on the number of children with disabilities
whose proficient and advanced scores, although based on
alternate achievement standards, may be included in calculating
adequate yearly progress).
(j) Students With Limited English Proficiency.--Paragraph (2) of
section 1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)) is amended by adding at the end the following:
``(L) Students with limited english proficiency.--
Notwithstanding subparagraph (C)(v), a State may define
adequate yearly progress under subparagraph (C) in a
manner that measures the progress of students with
limited English proficiency--
``(i) by continuing to include in a group
of students described in subparagraph (C)(v)
students who attain proficiency in English; and
``(ii) by excluding the performance of
students with limited English proficiency who
have resided in the United States for less than
3 years and for whom native language
assessments in math and reading or language
arts are not available, so as to avoid any
distortion in measurement resulting from the
new arrivals of such students.''.
(k) Separate Starting Points.--Subparagraph (E) of section
1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data
for the 2001-2002 school year,'' and inserting ``, for each group of
students described in subparagraph (C)(v),''. | Comprehensive Learning Assessment for Students and Schools (CLASS) Act - Amends the Elementary and Secondary Education Act of 1965 to revise requirements affecting adequate yearly progress (AYP) assessments of students against state academic performance standards.
Allows AYP longitudinal growth calculations and the averaging of school data in a manner designed to stabilize school-building results from year to year.
Identifies a school as needing improvement, corrective action, or restructuring only on the basis of the unsatisfactory AYP of a particular group of students in the same academic subject for the requisite period of time.
Requires multiple measures of student academic achievement.
Requires academic achievement standards to calculate AYP within a continuum of achievement by children within advanced, proficient, and basic achievement levels.
Allows states to use the results of subsequent assessments of students who take more than one assessment for the same grade and subject.
Limits the provision of supplemental services and transfers to those students who fall within a group whose underperformance results in the school's failure to make AYP.
Requires state assessments to be aligned with curriculum and instruction so their effectiveness may be assessed.
Requires alternate standards and assessments for disabled children aligned with the child's individualized education program.
Allows states to measure the AYP of limited English proficient (LEP) children by including children that have attained English proficiency and excluding LEP children who have resided in the country for less than three years.
Allows states to set separate starting points for measuring the AYP of each student group. | {"src": "billsum_train", "title": "To amend part A of title I of the Elementary and Secondary Education Act of 1965 regarding adequate yearly progress and assessments."} | 2,389 | 346 | 0.489256 | 1.287215 | 0.765551 | 2.185315 | 7.066434 | 0.814685 |
SECTION 1. POLICY FOR NUCLEAR NON-PROLIFERATION.
(a) Findings.--The Congress finds the following:
(1) On September 27, 1993, the President declared to the
United Nations that one of the world's most urgent priorities
must be to impede the proliferation of weapons of mass
destruction.
(2) In a joint statement issued on January 16, 1994, the
President and the President of the Russian Federation declared
that the proliferation of nuclear weapons creates a serious
threat to the security of all States.
(3) The President and the President of the Russian
Federation further declared that the Treaty on the Non-
Proliferation of Nuclear Weapons is the basis for efforts to
ensure the nonproliferation of nuclear weapons and called for
its indefinite and unconditional extension at a conference of
its participants in 1995, and they urged that all states that
have not yet done so accede to this Treaty.
(4) The principle obstacle to the indefinite and
unconditional extension of the Treaty on the Non-Proliferation
of Nuclear Weapons is the concern of the states without nuclear
weapons that the states with nuclear weapons have not yet
fulfilled their commitment (made 25 years ago in the Treaty) to
pursue negotiations toward nuclear disarmament and, in
particular, to end the testing of nuclear weapons.
(5) In its report issued in 1994 and entitled Management
and Disposition of Excess Weapons Plutonium, the National
Academy of Sciences reported that the risks posed by all forms
of plutonium must be addressed and that further steps should be
taken to reduce the proliferation risks posed by all of the
world's plutonium stocks, both military and civilian.
(6) The National Academy of Sciences reported in the report
that policy makers will have to take into account the fact that
choosing to use weapons plutonium in reactors would be
perceived by some as representing generalized United States
approval of separated plutonium fuel cycles, thereby
compromising the ability of the United States to oppose such
fuel cycles elsewhere.
(7) In section 1611 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1848),
the Congress called for a comprehensive policy to end the
further spread of nuclear weapons capability, to roll back
nuclear proliferation where it has occurred, and to prevent the
use of nuclear weapons anywhere in the world, and set forth
eleven objectives to achieve this goal.
(8) One of the goals set forth in such section is to
support the indefinite extension of the Treaty on the Non-
Proliferation of Nuclear Weapons at the 1995 conference of its
participants in order to review and extend the treaty and to
seek to ensure that all countries sign the treaty or
participate in a comparable international regime for monitoring
and safeguarding nuclear facilities and material.
(9) The Congress has played a critical role in the
formulation of United States nonproliferation policy and must
express its views on the future of the nuclear weapons posture
of the United States in order to ensure a complete review of
that posture.
(b) Policy.--The following shall be the policy of the United
States:
(1) To develop and maintain a nuclear weapons posture
consistent with promoting United States nuclear
nonproliferation policy objectives. To develop and maintain
that posture, the United States shall--
(A) withdraw from deployment and dismantle all of
its tactical nuclear weapons in the context of a
bilateral agreement with the Russian Federation to
eliminate all tactical nuclear weapons;
(B) adopt a policy of no-first-use of nuclear
weapons against countries which are party to the Treaty
on the Non-Proliferation of Nuclear Weapons or a
comparable international regime; and
(C) declare its intention to reduce its strategic
nuclear arsenal to levels below START II, in the
context of similar reductions by the Russian
Federation, and strategic nuclear reductions by the
United Kingdom, France, and the People's Republic of
China.
(2) To reduce the proliferation risks posed by the world's
large stockpile of plutonium from military and civilian
sources. To achieve this objective, the United States shall--
(A) choose a weapons-plutonium disposition option
that cannot be perceived as representing United States
approval of separated plutonium fuel cycles;
(B) discourage the civil use of plutonium overseas
by identifying alternatives to civilian reprocessing of
plutonium and pursuing these alternatives with
countries that have civilian plutonium programs; and
(C) seek a nondiscriminatory, multilateral, and
internationally and effectively verifiable treaty that
ends production of weapons-usable fissile material for
any other purpose.
(c) Reports.--Not later than one year after the date of the
enactment of this Act, the President shall submit to the Congress a
report on the status of efforts by the United States to achieve the
policy described in subsection (b). | Declares that it shall be U.S. policy to: (1) develop and maintain a nuclear weapons posture consistent with promoting U.S. nuclear nonproliferation policy objectives; and (2) reduce the proliferation risks posed by the world's stockpile of plutonium.
Requires the United States, in order to develop and maintain such a posture, to: (1) withdraw from deployment and dismantle all tactical nuclear weapons in the context of a bilateral agreement with the Russian Federation to eliminate such weapons; (2) adopt a policy of no-first-use of nuclear weapons against countries who are parties to the Treaty on the Non-Proliferation of Nuclear Weapons or a comparable international regime; and (3) declare its intention to reduce its strategic nuclear arsenal to levels below START II, in the context of similar reductions by the Russian Federation and strategic reductions by the United Kingdom, France, and China.
Directs the United States to: (1) choose a weapons-plutonium disposition option that cannot be perceived as representing U.S. approval of separated plutonium fuel cycles; (2) discourage the civil use of plutonium overseas by identifying alternatives to civilian reprocessing of plutonium and pursuing these alternatives; and (3) seek a nondiscriminatory, multilateral, and internationally verifiable treaty that ends production of weapons-usable fissile material for any other purpose. | {"src": "billsum_train", "title": "To set forth the policy of the United States for nuclear nonproliferation."} | 1,037 | 308 | 0.575078 | 1.68727 | 0.774424 | 5.484375 | 3.839844 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Vision Improvement and
Learning Readiness Act of 2003''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Eighty percent of what children learn is acquired
through the visual processing of information.
(2) Visual impairment is one of the 10 most common causes
of disability in America. In children, visual impairment is
associated with developmental delays and the need for special
education, vocational, and social services. At least 20 percent
of children with learning disabilities have been found to have
prominent visual information processing problems.
(3) It is estimated that more than 10,000,000 children
(from birth to age 10) suffer from vision problems, with one in
20 preschoolers and one in four school aged children affected.
(4) It is estimated that only 14 percent of children under
the age of 6 receive a comprehensive eye examination. Only one-
third of all children have had an eye examination or vision
screening prior to entering school.
SEC. 3. GRANTS REGARDING COMPREHENSIVE EYE EXAMINATIONS FOR CHILDREN.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'' may make grants to
States for the purpose of--
(1) providing comprehensive eye examinations for children
identified or considered at high risk of vision impairment,
with priority given to school-based programs for children who
are under the age of 9;
(2) providing subsequent treatment or services necessary to
correct vision problems; and
(3) developing and disseminating, to parents, teachers,
health care practitioners, and the public, educational
materials on recognizing signs of visual impairment in
children, and the State's vision improvement initiatives.
(b) Criteria and Coordination.--
(1) Criteria.--The Secretary, in consultation with
appropriate professional and consumer organizations including
individuals with knowledge of age appropriate vision services,
shall develop criteria--
(A) governing the operation of the grant program;
and
(B) for the collection of data related to vision
assessment and the utilization of followup services.
(2) Coordination.--The Secretary shall, as appropriate,
coordinate the program under subsection (a) with the program
under section 330 of the Public Health Service Act (relating to
health centers), the program under title XIX of the Social
Security Act (relating to the Medicaid program), the program
under title XXI of such Act (relating to the State children's
health insurance program), and with other Federal or State
program that provide services to children.
(c) Application.--A grant may be made under subsection (a) only if
an application for the grant is submitted to the Secretary and the
application is in such form, is made in such manner, and contains such
information as the Secretary may require, including--
(1) information on existing Federal, Federal-State, or
State-funded children's vision screening programs;
(2) a plan for the use of grant funds, including how funds
will be used to compliment existing State efforts;
(3) a plan to determine if a grant eligible child has
received an age appropriate vision screening; and
(4) a description of how funds will be used to provide
items or services only as a secondary payer to--
(A) any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by any entity that provides health services on
a prepaid basis.
(d) Evaluations.--A grant may be made under subsection (a) only if
the State involved agrees that, not later than 1 year after the date on
which amounts under the grant are first received by the State, and
annually thereafter while receiving amounts under the grant, the State
will submit to the Secretary an evaluation of the operations and
activities carried out under the grant, including--
(1) an assessment of the utilization of vision services and
the status of children receiving these services as a result of
the activities carried out under the grant;
(2) the collection, analysis, and reporting of children's
vision data according to guidelines prescribed by the
Secretary; and
(3) such other information as the Secretary may require.
(e) Definition.--For purposes of this section, the term
``comprehensive eye examination'' includes an assessment of a patient's
history, general medical observation, external and ophthalmoscopic
examination, visual acuity, ocular alignment and motility, refraction,
and as appropriate, binocular vision or gross visual fields, performed
by an optometrist or an ophthalmologist.
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $75,000,000
for fiscal year 2004, and such sums as may be necessary for each of
fiscal years 2005 through 2007. | Children's Vision Improvement and Learning Readiness Act of 2003 - Allows the Secretary of Health and Human Services to make grants to States for the purposes of: (1) providing comprehensive eye examinations for children identified as being at high risk of vision impairment, with priority to go to children under nine years old; (2) providing subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating educational materials with regard to the need and benefits of comprehensive eye examinations for children.Directs the Secretary to develop criteria for the collection of data related to vision assessment and the utilization of followup services.Directs the Secretary to coordinate the grant program, as appropriate, with other Federal and State programs that provide services to children. Requires a State to submit an application to the Secretary in order to receive a grant, which shall include a plan for the use of the grant.Requires a State to submit to the Secretary an annual evaluation of the operations and activities carried out under a grant. | {"src": "billsum_train", "title": "To establish a grant program to provide comprehensive eye examinations to children, and for other purposes."} | 1,028 | 212 | 0.659682 | 1.833627 | 0.912274 | 4.207254 | 5.170984 | 0.932642 |
SECTION 1. SPECIAL RULES FOR NONBEVERAGE PRODUCTS MANUFACTURED IN A
UNITED STATES FOREIGN TRADE ZONE.
(a) In General.--Subpart E of part I of subchapter A of chapter 51
of the Internal Revenue Code of 1986 is amended by inserting after
section 5062 the following new section:
``SEC. 5063. EXCEPTION FOR NONBEVERAGE PRODUCTS MANUFACTURED IN A
UNITED STATES FOREIGN TRADE ZONE.
``(a) General Rule.--In the case of domestic distilled spirits on
which a tax would be determined under this subchapter, when used in a
foreign trade zone for the manufacture or production of nonbeverage
products, in lieu of payment of the tax under this subchapter by the
distilled spirits plant proprietor, distilled spirits may be
transferred without payment of tax to an activated foreign trade zone.
Upon demonstration to the Secretary of the manufacture or production of
nonbeverage products in a foreign trade zone using the distilled
spirits withdrawn from bond without payment of tax, authorized
manufacturers and producers of nonbeverage products are not subject to
the tax under section 5001. In case of any removal, sale, transport, or
use of distilled spirits not authorized under section 5061 for which
taxes have not been paid, the full rate of tax under section 5001 shall
be paid by any person responsible.
``(b) Application.--The Secretary may require persons eligible for
the application of this section to file an adequate bond and permit as
reasonably determined by the Secretary. Every person subject to the
application of this section shall register annually with the Secretary,
keep such books and records as may be necessary to establish the fact
that distilled spirits received on which no tax has been determined
were used in the manufacture or production of nonbeverage products, and
be subject to monthly reporting and such rules and regulations in
relation thereto as the Secretary may prescribe to secure the Treasury
against fraud.
``(c) Powers of the Secretary.--For purposes of ascertaining the
correctness of the application of this section, the Secretary is
authorized to examine any books, papers, records, or memoranda as may
be necessary to establish the fact that the distilled spirits received
were used in the manufacture or production of nonbeverage products, to
require the attendance of the person or of any officer or employee of
such person or the attendance of any other person having knowledge of
the premises, to take testimony with reference to any matter covered,
and to administer oaths to any person giving such testimony.
``(d) Demonstration of Use in the Manufacturing or Production of
Nonbeverage Products.--Except in the case of knowing and willful
noncompliance, application of this section shall not be denied in the
case of failure to comply with any requirement imposed under this
section, or any rule or regulation issued pursuant to this section,
upon the person manufacturing or producing the nonbeverage product
demonstrating that distilled spirits for which taxes have not been paid
transferred to an activated foreign trade zone were in fact used in the
manufacture or production of nonbeverage products.
``(e) Formula and Manufacturing Infractions for Manufacturers and
Producers of Nonbeverage Products in Foreign Trade Zones.--In the case
of failure to comply with any formula or manufacturing requirement
imposed under this section or any rule or regulations issued pursuant
to this section, the manufacturer or producer of nonbeverage products
shall be liable for a penalty up to $1,000 for each failure to comply
unless it is shown that the failure to comply was due to reasonable
cause. No penalty imposed under this subsection shall exceed the amount
of tax which would have been determined under this subchapter without
regard to this section. The penalty imposed by this subsection shall be
assessed, collected, and paid in the same manner as taxes under this
subchapter, not later than 30 days after notification by the Secretary.
Any excise tax determined to be owed through monthly reporting
processes and procedures for submission and approval of formulas, on-
site inspection, or audit shall be paid by the manufacturer or producer
of nonbeverage products not later than 30 days after notification by
the Secretary.
``(f) Definitions.--For purposes of this section--
``(1) Authorized manufacturers and producers.--The term
`authorized manufacturers and producers' means those
manufacturers and producers of nonbeverage products that are
registered with the Secretary, agree to monthly reporting, and
have received manufacturing or processing authority from the
United States Foreign Trade Zones Board.
``(2) Nonbeverage product.--The term `nonbeverage product'
means medicines, medicinal preparations, food products,
flavors, flavoring extracts, or perfume, which are unfit for
beverage purposes.''.
(b) Conforming Amendments.--
(1) The table of sections for subpart E of part I of
subchapter A of chapter 51 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 5062
the following new item:
``Sec. 5063. Exception for nonbeverage products manufactured in a
United States foreign trade zone.''.
(2) Section 5005(e)(2) of such Code is amended by inserting
``used as described in section 5063,'' after ``deposited in a
foreign-trade zone,''.
(3) Section 5214(a) of such Code is amended by striking the
period at the end of paragraph (13) and inserting ``; or'', and
by adding at the end the following new paragraph:
``(14) without payment of tax as authorized by section
5063.''.
(4) Section 5003 of such Code is amended by adding at the
end the following new paragraph:
``(18) For provisions relating to an exception for
nonbeverage products manufactured in a United States foreign
trade zone.''.
(c) Foreign Trade Zones.--Section 3 of the Act of June 18, 1934
(commonly known as the Foreign Trade Zones Act; 19 U.S.C. 81c) is
amended in subsection (c)(2)--
(1) by inserting in the second sentence before the end
period the following: ``and such products, upon approval by the
Secretary of the Treasury and the Foreign Trade Zones Board,
shall be eligible for tax treatment pursuant to section 5063 of
the Internal Revenue Code of 1986'';
(2) by striking ``or flavoring extracts'' and inserting
``flavoring extracts, or perfumes''; and
(3) by adding at the end the following: ``Distilled spirits
for manufacturing or production of nonbeverage products for
which taxes have not been paid shall be admitted to the foreign
trade zone in domestic status and reported to the Bureau of
Customs and Border Protection in accordance with admission
procedures, including direct delivery as applicable.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends the Internal Revenue Code and the Foreign Trade Zones Act to permit the transfer of distilled spirits used in a foreign trade zone for the manufacture or production of nonbeverage products (i.e., medicines, medicinal preparations, food products, flavors, flavoring extracts, or perfume, which are unfit for beverage purposes) to an activated foreign trade zone without payment of applicable excise taxes. Authorizes the Secretary of the Treasury to: (1) require manufacturers and producers of such nonbeverage products to file an adequate bond and permit; and (2) examine records and compel testimony to enforce the provisions of this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 and the Foreign Trade Zones Act to simplify the tax and eliminate the drawback fee on certain distilled spirits used in nonbeverage products manufactured in a United States foreign trade zone for domestic use and export."} | 1,549 | 137 | 0.555971 | 1.63749 | 0.583095 | 4.895652 | 11.886957 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Pollution Prevention Act of
2008''.
SEC. 2. REFERENCES.
Wherever in this Act an amendment or repeal is expressed in terms
of an amendment to or a repeal of a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.).
SEC. 3. DEFINITIONS.
Section 2(a) (33 U.S.C. 1901(a)) is amended--
(1) by redesignating the paragraphs (1) through (12) as
paragraphs (2) through (13), respectively;
(2) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) `Administrator' means the Administrator of the
Environmental Protection Agency;'';
(3) in paragraph (5) (as so redesignated) by striking ``and V''
and inserting ``V, and VI'';
(4) in paragraph (6) (as so redesignated) by striking
```discharge' and `garbage' and `harmful substance' and
`incident''' and inserting ```discharge', `emission', `garbage',
`harmful substance', and `incident'''; and
(5) by redesignating paragraphs (7) through (13) (as
redesignated) as paragraphs (8) through (14), respectively, and
inserting after paragraph (6) (as redesignated) the following:
``(7) `navigable waters' includes the territorial sea of the
United States (as defined in Presidential Proclamation 5928 of
December 27, 1988) and the internal waters of the United States;''.
SEC. 4. APPLICABILITY.
Section 3 (33 U.S.C. 1902) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) with respect to Annex VI to the Convention, and other
than with respect to a ship referred to in paragraph (1)--
``(A) to a ship that is in a port, shipyard, offshore
terminal, or the internal waters of the United States;
``(B) to a ship that is bound for, or departing from, a
port, shipyard, offshore terminal, or the internal waters of
the United States, and is in--
``(i) the navigable waters or the exclusive economic
zone of the United States;
``(ii) an emission control area designated pursuant to
section 4; or
``(iii) any other area that the Administrator, in
consultation with the Secretary and each State in which any
part of the area is located, has designated by order as
being an area from which emissions from ships are of
concern with respect to protection of public health,
welfare, or the environment;
``(C) to a ship that is entitled to fly the flag of, or
operating under the authority of, a party to Annex VI, and is
in--
``(i) the navigable waters or the exclusive economic
zone of the United States;
``(ii) an emission control area designated under
section 4; or
``(iii) any other area that the Administrator, in
consultation with the Secretary and each State in which any
part of the area is located, has designated by order as
being an area from which emissions from ships are of
concern with respect to protection of public health,
welfare, or the environment; and
``(D) to any other ship, to the extent that, and in the
same manner as, such ship may be boarded by the Secretary to
implement or enforce any other law of the United States or
Annex I, II, or V of the Convention, and is in--
``(i) the exclusive economic zone of the United States;
``(ii) the navigable waters of the United States;
``(iii) an emission control area designated under
section 4; or
``(iv) any other area that the Administrator, in
consultation with the Secretary and each State in which any
part of the area is located, has designated by order as
being an area from which emissions from ships are of
concern with respect to protection of public health,
welfare, or the environment.'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``paragraph (2),'' and
inserting ``paragraphs (2) and (3),''; and
(B) by adding at the end the following:
``(3) With respect to Annex VI the Administrator, or the Secretary,
as relevant to their authorities pursuant to this Act, may determine
that some or all of the requirements under this Act shall apply to one
or more classes of public vessels, except that such a determination by
the Administrator shall have no effect unless the head of the
Department or agency under which the vessels operate concurs in the
determination. This paragraph does not apply during time of war or
during a declared national emergency.'';
(3) by redesignating subsections (c) through (g) as subsections
(d) through (h), respectively, and inserting after subsection (b)
the following:
``(c) Application to Other Persons.--This Act shall apply to all
persons to the extent necessary to ensure compliance with Annex VI to
the Convention.'';
(4) in subsection (e), as redesignated--
(A) by inserting ``or the Administrator, consistent with
section 4 of this Act,'' after ``Secretary'';
(B) by striking ``of section (3),'' and inserting ``of this
section,''; and
(C) by striking ``Protocol, including regulations
conforming to and giving effect to the requirements of Annex
V'' and inserting ``Protocol (or the applicable Annex),
including regulations conforming to and giving effect to the
requirements of Annex V and Annex VI''; and
(5) by adding at the end thereof the following:
``(i) Savings Clause.--Nothing in this section shall be construed
to restrict in a manner inconsistent with international law
navigational rights and freedoms as defined by United States law,
treaty, convention, or customary international law.''.
SEC. 5. ADMINISTRATION AND ENFORCEMENT.
Section 4 (33 U.S.C. 1903) is amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively, and inserting after subsection (a) the
following:
``(b) Duty of the Administrator.--In addition to other duties
specified in this Act, the Administrator and the Secretary,
respectively, shall have the following duties and authorities:
``(1) The Administrator shall, and no other person may, issue
Engine International Air Pollution Prevention certificates in
accordance with Annex VI and the International Maritime
Organization's Technical Code on Control of Emissions of Nitrogen
Oxides from Marine Diesel Engines, on behalf of the United States
for a vessel of the United States as that term is defined in
section 116 of title 46, United States Code. The issuance of Engine
International Air Pollution Prevention certificates shall be
consistent with any applicable requirements of the Clean Air Act or
regulations prescribed under that Act.
``(2) The Administrator shall have authority to administer
regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the
Convention.
``(3) The Administrator shall, only as specified in section
8(f), have authority to enforce Annex VI of the Convention.'';
(2) in subsection (c), as redesignated, by redesignating
paragraph (2) as paragraph (4), and inserting after paragraph (1)
the following:
``(2) In addition to the authority the Secretary has to prescribe
regulations under this Act, the Administrator shall also prescribe any
necessary or desired regulations to carry out the provisions of
regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the
Convention.
``(3) In prescribing any regulations under this section, the
Secretary and the Administrator shall consult with each other, and with
respect to regulation 19, with the Secretary of the Interior.''; and
(3) by adding at the end of subsection (c), as redesignated,
the following:
``(5) No standard issued by any person or Federal authority, with
respect to emissions from tank vessels subject to regulation 15 of
Annex VI to the Convention, shall be effective until 6 months after the
required notification to the International Maritime Organization by the
Secretary.''.
SEC. 6. CERTIFICATES.
Section 5 (33 U.S.C. 1904) is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting ``Except as provided in section 4(b)(1), the Secretary'';
(2) in subsection (b) by striking ``Secretary under the
authority of the MARPOL protocol.'' and inserting ``Secretary or
the Administrator under the authority of this Act.''; and
(3) in subsection (e) by striking ``environment.'' and
inserting ``environment or the public health and welfare.''.
SEC. 7. RECEPTION FACILITIES.
Section 6 (33 U.S.C. 1905) is amended--
(1) in subsection (a) by adding at the end the following:
``(3) The Secretary and the Administrator, after consulting with
appropriate Federal agencies, shall jointly prescribe regulations
setting criteria for determining the adequacy of reception facilities
for receiving ozone depleting substances, equipment containing such
substances, and exhaust gas cleaning residues at a port or terminal,
and stating any additional measures and requirements as are appropriate
to ensure such adequacy. Persons in charge of ports and terminals shall
provide reception facilities, or ensure that reception facilities are
available, in accordance with those regulations. The Secretary and the
Administrator may jointly prescribe regulations to certify, and may
issue certificates to the effect, that a port's or terminal's
facilities for receiving ozone depleting substances, equipment
containing such substances, and exhaust gas cleaning residues from
ships are adequate.'';
(2) in subsection (b) by inserting ``or the Administrator''
after ``Secretary'';
(3) in subsection (e) by striking paragraph (2) and inserting
the following:
``(2) The Secretary may deny the entry of a ship to a port or
terminal required by the MARPOL Protocol, this Act, or regulations
prescribed under this section relating to the provision of adequate
reception facilities for garbage, ozone depleting substances, equipment
containing those substances, or exhaust gas cleaning residues, if the
port or terminal is not in compliance with the MARPOL Protocol, this
Act, or those regulations.'';
(4) in subsection (f)(1) by striking ``Secretary is'' and
inserting ``Secretary and the Administrator are''; and
(5) in subsection (f)(2) by striking ``(A)''.
SEC. 8. INSPECTIONS.
Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows:
``(f)(1) The Secretary may inspect a ship to which this Act applies
as provided under section 3(a)(5), to verify whether the ship is in
compliance with Annex VI to the Convention and this Act.
``(2) If an inspection under this subsection or any other
information indicates that a violation has occurred, the Secretary, or
the Administrator in a matter referred by the Secretary, may undertake
enforcement action under this section.
``(3) Notwithstanding subsection (b) and paragraph (2) of this
subsection, the Administrator shall have all of the authorities of the
Secretary, as specified in subsection (b) of this section, for the
purposes of enforcing regulations 17 and 18 of Annex VI to the
Convention to the extent that shoreside violations are the subject of
the action and in any other matter referred to the Administrator by the
Secretary.''.
SEC. 9. AMENDMENTS TO THE PROTOCOL.
Section 10(b) (33 U.S.C. 1909(b)) is amended--
(1) by striking ``Annex I, II, or V'' and inserting ``Annex I,
II, V, or VI''; and
(2) by inserting ``or the Administrator as provided for in this
Act,'' after ``Secretary,''.
SEC. 10. PENALTIES.
Section 9 (33 U.S.C. 1908) is amended--
(1) by striking ``Protocol,,'' each place it appears and
inserting ``Protocol,'';
(2) in subsection (b)--
(A) by inserting ``or the Administrator as provided for in
this Act,'' after ``Secretary,'' the first place it appears;
(B) in paragraph (2), by inserting ``, or the Administrator
as provided for in this Act,'' after ``Secretary''; and
(C) in the matter after paragraph (2)--
(i) by inserting ``or the Administrator as provided for
in this Act'' after ``Secretary,'' the first place it
appears; and
(ii) by inserting ``, or the Administrator as provided
for in this Act,'' after ``Secretary'' the second and third
places it appears;
(3) in subsection (c), by inserting ``, or the Administrator as
provided for in this Act,'' after ``Secretary'' each place it
appears; and
(4) in subsection (f), by inserting ``or the Administrator as
provided for in this Act'' after ``Secretary,'' the first place
appears.
SEC. 11. EFFECT ON OTHER LAWS.
Section 15 (33 U.S.C. 1911) is amended to read as follows:
``SEC. 15. EFFECT ON OTHER LAWS.
``Authorities, requirements, and remedies of this Act supplement
and neither amend nor repeal any other authorities, requirements, or
remedies conferred by any other provision of law. Nothing in this Act
shall limit, deny, amend, modify, or repeal any other authority,
requirement, or remedy available to the United States or any other
person, except as expressly provided in this Act.''.
SEC. 12. LEGAL ACTIONS.
Section 11 (33 U.S.C. 1910) is amended--
(1) by redesignating paragraph (3) of subsection (a) as
paragraph (4), and inserting after paragraph (2) the following:
``(3) against the Administrator where there is alleged a
failure of the Administrator to perform any act or duty under this
Act which is not discretionary; or'';
(2) by striking ``concerned,'' in subsection (b)(1) and
inserting ``concerned or the Administrator,''; and
(3) by inserting ``or the Administrator'' after ``Secretary''
in subsection (b)(2).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Maritime Pollution Prevention Act of 2008 - (Sec. 3) Amends the Act to Prevent Pollution from Ships (Act) to provide for the adoption of Annex VI (Prevention of Air Pollution From Ships Enforcement) of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention, which includes any Protocols or Annexes entered into force for the United States). Makes the Act, with respect to Annex VI, applicable to: (1) ships in a port, shipyard, offshore terminal, or U.S. internal waters; (2) a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States and is in navigable U.S. waters or the U.S. Exclusive Economic Zone (EEZ), an emission control, or other specified area; (3) a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI and is in navigable U.S. waters or the EEZ, an emission control, or other specified area; and (4) any other ship to the extent that, and in the same manner as, such ship may be boarded to implement or enforce any other U.S. law or Annex I, II, or V of the Convention, and that is in the EEZ or an emission control or other specified area. Authorizes, but does not require with respect to Annex VI, federal agency heads to determine that some or all Act requirements apply regarding vessel air emissions for public vessels operated under an agency's authority. Prohibits construing provisions relating to ships that are subject to preventive measures to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by U.S. law, treaty, convention, or customary international law.
(Sec. 5) Permits only the Administrator (the Administrator) of the Environmental Protection Agency (EPA), and no other person, to issue Engine International Air Pollution Prevention certificates in accordance with Annex VI and the International Maritime Organization's Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the United States for a documented U.S. vessel.
(Sec. 6) Gives a certificate issued by a country that is a party to the MARPOL Protocol of 1978 (MARPOL Protocol, which includes the Convention) the same validity as a certificate issued by the Secretary of the department in which the Coast Guard (the Secretary) is operating (currently) or the Administrator.
(Sec. 7) Requires the Secretary and the Administrator, after consulting with appropriate federal agencies, jointly to prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Permits denial of entry to a ship to a port without adequate reception facilities to receive such substances and residues.
(Sec. 8) Authorizes the Secretary to inspect a ship to which the Act applies to verify whether the ship is in compliance with Annex VI to the Convention and the Act and permits either the Secretary or the Administrator to undertake enforcement actions if an inspection or any other information indicates that there is a violation.
(Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary (currently) or the Administrator, to act for the United States on Protocol and related amendments, including proposed amendments to Annex VI to the Protocol.
(Sec. 10) Permits the Administrator (currently, only the Secretary) to assess civil penalties.
(Sec. 12) Allows any person having an interest which is, or can be, adversely affected to bring an action on his own behalf against the Administrator for a failure to perform any nondiscretionary act or duty. | {"src": "billsum_train", "title": "To amend the Act to Prevent Pollution from Ships to implement MARPOL Annex VI."} | 3,386 | 884 | 0.506174 | 1.607019 | 0.571569 | 4.301221 | 4.390773 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethics Reform Act of 1995''.
TITLE I--TERMINATION OF COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT IN
THE HOUSE OF REPRESENTATIVES
SEC. 101. EXERCISE OF CONGRESSIONAL RULEMAKING POWER.
The provisions of this title amending the Rules of the House of
Representatives are enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered a part of the rules of the House of
Representatives and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
the House of Representatives to change such rules at any time
in the same manner and to the same extent as in the case of any
other rule of such House.
SEC. 102. TERMINATION OF THE COMMITTEE ON STANDARDS OF OFFICIAL
CONDUCT.
(a) Termination.--
(1) Rules.--Rule X of the Rules of the House of
Representatives is amended--
(A) in clause 1--
(i) by striking paragraph (p); and
(ii) by redesignating paragraphs (q), (r),
and (s) as paragraphs (p), (q), and (r),
respectively; and
(B) in clause 4--
(i) by striking paragraph (e); and
(ii) by redesignating paragraphs (f), (g),
(h), and (i) as paragraphs (e), (f), (g), and
(h), respectively.
(2) Law.--The Ethics Reform Act of 1989 (Public Law 101-
194) is amended by striking subsections (b), (c), (d), and (i)
of section 803 (2 U.S.C. 29d).
(b) Conforming Amendments.--
(1) Rules.--
(A) Clause 3(e) of rule VI of the Rules of the
House of Representatives is amended --
(i) by striking ``Committee on Standards of
Official Conduct'' and inserting ``Independent
Commission on Congressional Ethics''; and
(ii) by striking ``clause 4(e)(1)(C) of
rule X'' and inserting ``section 203(3) the
Ethics Reform Act of 1995''.
(B) Clause 1(m)(1) of rule X of such Rules is
amended by striking ``(other than rules or joint rules
relating to the Code of Official Conduct)''.
(C) Clause 6(a) of rule X of such Rules is
amended--
(i) by striking subparagraph (2); and
(ii) by striking ``(1)''.
(D) Clause 2(e)(2) of rule XI of such Rules is
amended by striking ``, except that in the case of
records in the Committee on Standards of Official
Conduct'' and all that follows through ``prior approval
of the committee''.
(E) Clause 2(g)(2) of rule XI of such Rules is
amended by striking ``, with the exception of the
Committee on Standards of Official Conduct,''.
(F) Clause 2(i)(1) of rule XI of such Rules is
amended by striking ``the Committee on Standards of
Official Conduct,''.
(G) Clause 4(a) of rule XI of such Rules is
amended--
(i) by striking ``and the Committee on
Standards of Official Conduct'' and all that
follows;
(ii) by inserting ``and'' before ``the
Committee on Rules''; and
(iii) by striking the semicolon after
``order of business'' and inserting a period.
(H) Clause 6(a)(2) of rule XI of such Rules is
amended by striking ``the Committee on Standards of
Official Conduct and''.
(I) Clause 7(d) of rule XIII is amended--
(i) by striking ``and the Committee on
Standards of Official Conduct,''; and
(ii) by inserting ``and'' before ``the
Committee on Rules''.
(J) Clause 1 of rule XXXII of such Rules is amended
by striking ``Committee on Standards of Official
Conduct'' and inserting ``Independent Commission on
Congressional Ethics''.
(K) Clause 4 of rule XLIII of such Rules is amended
by striking ``Committee on Standards of Official
Conduct pursuant to clause 4(e)(1)(E) of rule X'' and
inserting ``Committee on Rules''.
(L) Clause 12(b) of rule XLIII of such Rules is
amended by striking ``Committee on Standards of
Official Conduct'' and inserting ``Independent
Commission on Congressional Ethics''.
(M) Clause (1) of rule XLIV of such Rules is
amended by striking ``Committee on Standards of
Official Conduct'' and inserting ``Independent
Commission on Congressional Ethics''.
(N) Clause 2(5) of rule XLVII of such Rules is
amended by striking ``Committee on Standards of
Official Conduct'' and inserting ``Independent
Commission on Congressional Ethics''.
(O) Clause 5 of rule XLVIII of such Rules is
amended by striking ``of the Committee on Standards of
Official Conduct and''.
(P) Clause 7(d) of rule XLVIII of such Rules is
amended by striking ``Committee on Standards of
Official Conduct'' and inserting ``Independent
Commission on Congressional Ethics''.
(Q) Clause 7(e) of rule XLVIII of such Rules is
amended by striking ``Committee on Standards of
Official Conduct'' and inserting ``Independent
Commission on Congressional Ethics''.
(R) Clause 13 of rule LI of such Rules is amended
by striking ``and the Rules of the House Committee on
Standards of Official Conduct''.
(2) Law.--The following provisions are each amended by
striking ``the Committee on Standards of Official Conduct of
the House of Representatives'' and inserting ``the Independent
Commission on Congressional Ethics'':
(A) Section 5(e) of Public Law 93-191 (2 U.S.C.
501(e)).
(B) Section 7342(a)(6)(A) of title 5, United States
Code.
(C) Section 7353(d)(1) of title 5, United States
Code.
(D) Section 103(j)(1) of the Ethics in Government
Act of 1978 (5 U.S.C. App.).
(E) Section 109(1) of the Ethics in Government Act
of 1978 (5 U.S.C. App.).
(F) Section 109(18)(B) of the Ethics in Government
Act of 1978 (5 U.S.C. App.).
(G) Section 111(2) of the Ethics in Government Act
of 1978 (5 U.S.C. App.).
(H) Section 503(1)(A) of the Ethics in Government
Act of 1978 (5 U.S.C. App.).
SEC. 103. REFERENCE TO COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.
Any reference in a law, regulation, document, paper, or other
record of the United States to the ``Committee on Standards of Official
Conduct of the House of Representatives'' shall be deemed to be a
reference to the ``Independent Commission on Congressional Ethics''.
SEC. 104. TRANSITION PROVISIONS.
In the case of investigations pending before the Committee on
Standards of Official Conduct on the day before the date of the
enactment of this Act, the proceedings shall be continued by the
Independent Commission on Congressional Ethics.
TITLE II--ESTABLISHMENT OF COMMISSION
SEC. 201. ESTABLISHMENT OF COMMISSION.
There is established an independent commission within the
legislative branch of the Federal Government to be known as the
Independent Commission on Congressional Ethics (in this title referred
to as the ``Commission'').
SEC. 202. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of
five retired or senior Federal judges as follows:
(1) Two individuals appointed by the Speaker of the House
of Representatives.
(2) Two individuals appointed by the Minority Leader of the
House of Representatives.
(3) One individual appointed by the individuals appointed
under paragraphs (1) and (2).
(b) Terms.--The term of office for a member of the Commission shall
be four years. A member shall be eligible for two terms of office.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Removal.--Any member of the Commission may be removed from
office by a majority decision of the appointing authorities described
in subsection (a), but only for--
(1) disability that substantially prevents the member from
carrying out the duties of the member;
(2) incompetence;
(3) neglect of duty; or
(4) malfeasance, including a felony or conduct involving
moral turpitude.
(e) Compensation.--
(1) Rate of pay.--Except as provided in paragraph (2), each
member of the Commission shall serve without pay or benefits.
(2) Travel expenses.--Each member of the Commission may
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum.
(g) Chairperson.--
(1) Election.--The Commission shall elect a Chairperson of
the Commission from among its members at its first meeting.
(2) Term.--The term of the Chairperson shall be two years.
(h) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of its members.
(2) Initial meeting.--The Commission shall hold its initial
meeting not later than 60 days after the date on which
appointments are completed.
SEC. 203. DUTIES OF COMMISSION.
The Commission is authorized--
(1) to recommend to the House of Representatives, from time
to time, such administrative actions as it may deem appropriate
to establish or enforce standards of official conduct for
Members, officers, and employees of the House of
Representatives;
(2) to investigate any alleged violation, by a Member,
officer, or employee of the House of Representatives, of any
law, rule, regulation, or other standard of conduct applicable
to the conduct of such Member, officer, or employee in the
performance of his duties or the discharge of his
responsibilities, and after notice and hearing (unless the
right to a hearing is waived by the Member, officer, or
employee), shall report to the House of Representatives its
findings of fact and recommendations, if any, upon the final
disposition of any such investigation, and such action as the
Commission may deem appropriate in the circumstances;
(3) to report to the appropriate Federal or State
authorities, with the approval of the House of Representatives,
any substantial evidence of a violation, by a Member, officer,
or employee of the House of Representatives, of any law
applicable to the performance of his duties or the discharge of
his responsibilities, which may have been disclosed in a
Commission investigation;
(4) to give consideration to the request of any Member,
officer, or employee of the House of Representatives for an
advisory opinion with respect to the general propriety of any
current or proposed conduct of such Member, officer, or
employee and, with appropriate deletions to assure the privacy
of the individual concerned, to publish such opinion for the
guidance of other Members, officers, and employees of the House
of Representatives; and
(5) to provide information and guidance to Members,
officers and employees of the House of Representatives
regarding any laws, rules, regulations, and other standards of
conduct applicable to such individuals in their official
capacities, and develop and carry out periodic educational
briefings for Members, officers, and employees of the House of
Representatives on those laws, rules, regulations, or other
standards.
SEC. 204. PROCEDURAL RULES.
(a) Majority Approval.--No resolution, report, recommendation, or
advisory opinion relating to the official conduct of a Member, officer,
or employee of the House shall be made by the Commission, and no
investigation of such conduct shall be undertaken by the Commission,
unless approved by the affirmative vote of a majority of the members of
the Commission.
(b) Investigations.--Except in the case of an investigation
undertaken by the Commission on its own initiative, the Commission may
undertake an investigation relating to the official conduct of an
individual Member, officer, or employee of the House of Representatives
only--
(i) upon receipt of a complaint, in writing and under oath,
made by or submitted to a Member of the House of
Representatives and transmitted to the Commission by such
Member, or
(ii) upon receipt of a complaint, in writing and under
oath, directly from an individual not a Member of the House of
Representatives if the Commission finds that such complaint has
been submitted by such individual to not less than three
Members of the House who have refused, in writing, to transmit
such complaint to the Commission.
(c) Prohibition of Certain Investigations.--No investigation shall
be undertaken by the Commission of any alleged violation of a law,
rule, regulation, or standard of conduct not in effect at the time of
the alleged violation; nor shall any investigation be undertaken by the
Commission of any alleged violation which occurred before the third
previous Congress unless the Commission determines that the alleged
violation is directly related to any alleged violation which occurred
in a more recent Congress.
(d) Disclosure.--No information or testimony received, or the
contents of a complaint or the fact of its filing, shall be publicly
disclosed by any member of the Commission or staff of the Commission
unless specifically authorized in each instance by a vote of the full
Commission.
SEC. 205. STAFF OF COMMISSION.
(a) Staff.--The Commission may appoint and fix the compensation of
such staff as the Commission considers necessary to perform its duties.
(b) Detailed Personnel.--The Commission may, with the prior consent
of the department or agency of the Federal Government concerned, use on
a reimbursable or nonreimbursable basis the services of personnel of
any such department or agency, including the services of members or
personnel of the General Accounting Office Personnel Appeals Board.
(c) Consultants.--In carrying out the functions of the Commission,
the Commission may procure the temporary (not to exceed one year) or
intermittent services of consultants.
TITLE III--DISCHARGE OF COMMISSION REPORT FROM COMMITTEE ON RULES IN
THE HOUSE OF REPRESENTATIVES
SEC. 301. DISCHARGE OF COMMITTEE.
(1) If the Rules Committee in the House of Representatives to which
the report has been referred has not reported it at the end of 30
legislative days after the introduction, it is in order to move either
to discharge the committee from further consideration of the report or
to discharge the committee from further consideration of any other
resolution introduced with respect to the same matter, except that a
motion to discharge--
(A) may only be made on the second legislative day after
the calendar day on which the Member making the motion
announces to the House his intention to do so; and
(B) is not in order after the Committee has reported a
resolution with respect to the same matter.
(2) A motion to discharge under paragraph (1) may be made only by
an individual favoring the resolution, and is highly privileged in the
House; and debate thereon shall be limited to not more than 1 hour, the
time to be divided in the House equally between those favoring and
those opposing the resolution. An amendment to the motion is not in
order, and it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed to.
SEC. 302. FLOOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.
(1) A motion in the House of Representatives to proceed to the
consideration of the resolution shall be highly privileged and not
debatable. An amendment to the motion shall not be in order, nor shall
it be in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(2) Debate in the House of Representatives on a resolution shall be
limited to not more than 6 hours, which shall be divided equally
between those favoring the resolution and those opposing the
resolution. A further motion to limit debate shall not be debatable. No
amendment to, or motion to recommit, the resolution shall be in order.
It shall not be in order to move to reconsider the vote by which a
resolution is agreed to or disagreed to. | TABLE OF CONTENTS:
Title I: Termination of Committee on Standards of Official
Conduct in the House of Representatives
Title II: Establishment of Commission
Title III: Discharge of Commission Report from Committee on
Rules in the House of Representatives
Ethics Reform Act of 1995 -
Title I: Termination of Committee on Standards of Official Conduct in the House of Representatives
- Amends: (1) rule X of the Rules of the House of Representatives to terminate the Committee on Standards of Official Conduct; and (2) the Ethics Reform Act of 1989 to repeal provisions regarding that Committee.
Makes conforming amendments to the Rules, the Ethics in Government Act of 1978, and other Federal law.
Title II: Establishment of Commission
- Establishes within the legislative branch the Independent Commission on Congressional Ethics. Sets forth provisions regarding membership and staff of, and procedural rules with respect to, the Commission.
Sets forth duties of the Commission, including: (1) recommending to the House appropriate administrative actions to establish or enforce standards of official conduct for Members, officers, and employees of the House; (2) investigating alleged violations and reporting to the House its findings and recommendations; (3) reporting to appropriate Federal or State authorities, with House approval, any substantial evidence of violations; (4) considering requests of any House Member, officer, or employee for an advisory opinion; and (5) providing information and guidance to House Members, officers, and employees regarding laws, rules, regulations, and other standards of conduct applicable to such individuals in their official capacities.
Title III: Discharge of Commission Report from Committee on Rules in the House of Representatives
- Sets forth provisions regarding: (1) discharging the Committee from further consideration of a Commission's report or any resolution introduced with respect to a Commission report, recommendation, or advisory opinion; and (2) floor consideration of such a resolution. | {"src": "billsum_train", "title": "Ethics Reform Act of 1995"} | 3,822 | 384 | 0.618446 | 1.777683 | 0.776075 | 3.67624 | 8.939948 | 0.89295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Student Success Act''.
SEC. 2. STUDENT SUCCESS GRANTS.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1057 et seq.) is amended by adding at the end the following:
``Subpart 9--Student Success Grants
``SEC. 420K. STUDENT SUCCESS GRANTS.
``(a) Authorization of Pilot Program.--The Secretary is authorized
to award grants on a competitive basis, subject to the availability of
appropriations, to eligible institutions for the purposes of helping
low-income students succeed in persisting in and completing
postsecondary education and training programs.
``(b) Definitions.--
``(1) Eligible institution.--In this section, the term
`eligible institution' means an institution of higher education
(as defined in section 101(a)) in which, during the three-year
period preceding the year in which the institution is applying
for a grant under this section, an average of not less than 50
percent of the institution's entering first-year students are
enrolled in developmental courses to bring reading, writing, or
mathematics skills up to college-level.
``(2) Eligible student.--In this section, the term
`eligible student' means a student who--
``(A) is eligible to receive assistance under
section 401;
``(B) is a first-year student at the time of
entering the pilot; and
``(C) is selected by an eligible institution to
participate in the pilot.
``(c) Application.--An eligible institution seeking a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(d) Grant Amounts.--
``(1) Institutional grants.--For a given year, each
institution selected to participate in this pilot program shall
receive an amount equal to the amount of a Student Success
Grant multiplied by the number of students the institution
selects to participate in the pilot program in such year. An
institution shall not select more than 200 students to
participate in the pilot program under this section during any
academic year.
``(2) Grants to students.--The amount of a Student Success
Grant provided to an eligible institution on behalf of an
eligible student under this section shall be $1,500 per student
for each award year.
``(e) Priority for Replication of Evidence-Based Policies and
Practices.--The Secretary shall give priority to applications submitted
by eligible institutions that propose to replicate policies and
practices that have proven effective in increasing persistence and
completion by low-income students or students in need of developmental
education.
``(f) Peer Review.--The Secretary shall convene a peer review
process to review applications for grants under this section and to
make recommendations to the Secretary regarding the selection of
grantees. Members of the peer review committee shall be a mix of
researchers and practitioners who are recognized experts on services
and policies to increase low income student success in postsecondary
education and training. No member of the committee shall be in a
position to benefit financially from the grants to eligible
institutions under subsection (d)(1).
``(g) Mandatory Uses.--An eligible institution that receives a
grant under this section shall use the grant funds to assign a Student
Success Coach to every first-year student participating in the pilot to
provide intensive career and academic advising, ongoing personal help
in navigating college services such as financial aid and registration,
and assistance in connecting to community resources that can help
students overcome family and personal challenges to success. Student
Success Coaches--
``(1) shall work with not more than 50 new students during
any academic period;
``(2) may be employees of academic departments, student
services offices, community-based organizations, or other
entities as deemed appropriate by the institution; and
``(3) shall meet with each eligible student selected for
the pilot before registration for courses.
``(h) Permissible Uses.--An eligible institution that receives a
grant under this section may use the grant funds to provide services
and program innovations for students participating in the pilot,
including the following:
``(1) College and career success courses, with tuition and
fees for the course covered by the Student Success Grant. These
courses should cover college success topics, such as how to
take notes, how to study, how to take tests, and how to budget
time, and should also include a substantial career exploration
component. Institutions are encouraged to use such courses to
help students develop a College and Career Success Plan so that
by the end of the first semester the students have a clear
sense of their career goals and what classes to take to achieve
such goals.
``(2) Work-study jobs with private employers in the
students' fields of study.
``(3) Learning communities that ensure that students
participating in the pilot are clustered together for at least
two courses beginning in the first semester after enrolling and
have other opportunities to create and maintain bonds that
allow them to provide academic and social support to each
other.
``(4) Curricular redesign, which may include such
innovations as `blended' or accelerated remediation classes
that help Student Success Grant recipients to attain college-
level reading, writing, math skills (or a combination thereof)
more rapidly than traditional remediation formats allow, and
intensive skills refresher classes, offered prior to each
semester, to help students who have tested into remedial
coursework to reach entry level assessment scores for the
postsecondary programs they wish to enter.
``(5) Instructional support, such as learning labs,
supplemental instruction, and tutoring.
``(6) Assistance with support services, such as child care
and transportation.
``(i) Grant Period; Additional Technical Assistance.--
``(1) Grant period.--Grants made under this section shall
be for a period of not less than 60 months.
``(2) Additional technical assistance.--After 36 months,
the Secretary shall review the performance of the Student
Success Grant pilot students at each institution, and if no
significant improvements have been made by Student Success
Grant pilot students in persistence and completion at an
institution, then the Secretary shall provide additional
technical assistance to help the institution improve outcomes.
``(j) Required Non-Federal Share.--
``(1) In general.--Each institution participating in the
pilot program under this section shall provide a non-Federal
match of 25 percent of the grant. The non-Federal share under
this section may be provided in cash or in kind.
``(2) Effect on need analysis.--For the purpose of
calculating a student's need in accordance with part F of this
title, services or benefits under this section shall not be
considered an asset or income.
``(k) Technical Assistance.--The Secretary shall enter into
contracts with private entities to provide such technical assistance to
grantees under this section as the Secretary determines appropriate.
``(l) Evaluation.--
``(1) Outcome evaluations.--The Secretary shall conduct an
evaluation of program outcomes under the pilot program, and
shall disseminate to the public the findings from the
evaluation and information on best practices. The Secretary is
encouraged to partner with other providers of funds, such as
private foundations, to allow for use of an experimental or
quasi-experimental evaluation in at least one of the pilot
sites.
``(2) Institutional participation.--As a condition of
receiving grants under this section, participating institutions
shall work with the evaluator to track persistence and
completion outcomes for students in the pilot program,
specifically the proportion of these students who take and
complete developmental education courses, the proportion who
take and complete college-level coursework, and the proportion
who complete certificates and degrees. This data shall be
broken down by race, ethnicity, and age and the evaluator shall
assist institutions in analyzing this data to compare Student
Success Grant pilot participants to comparable nonparticipants,
using statistical techniques to control for differences in the
groups.
``(3) Annual reports.--Participating institutions shall
report on the data specified in paragraph (2) annually and the
Secretary shall make this data publicly available.
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $35,000,000 for the period
beginning with fiscal year 2008 and ending with fiscal year 2012, of
which not more than $5,000,000 may be used to carry out subsections (k)
and (l).''. | College Student Success Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to establish a pilot program awarding competitive, matching, Student Success grants to institutions of higher education in which, during the preceding three-year period, an average of at least 50% of entering first-year students were enrolled in developmental courses to bring their reading, writing, or mathematics skills up to college-level.
Requires the grants to be used to help Pell grant eligible students persevere in postsecondary education, beginning from their first year of study. Requires such help to include the assignment of a Student Success Coach to every student participant to provide intensive career and academic advising, ongoing personal help in navigating college services, and assistance in connecting to community resources that can help students overcome family and personal challenges to success.
Gives grant priority to schools proposing to replicate policies and practices that have proven effective in increasing persistence and completion by low-income students or students in need of developmental education.
Provides that the size of each grant shall be based on the number of a grantee's student participants; but limits each school to no more than 200 participants each academic year.
Directs the Secretary to provide technical assistance to grantees who, after three years, are not significantly improving their student participants' perseverance in their studies. | {"src": "billsum_train", "title": "To provide grants to universities and colleges for the development of student success services that will improve college persistence and prepare students for the workplace."} | 1,863 | 285 | 0.627924 | 1.678397 | 0.788941 | 3.78125 | 6.933594 | 0.890625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmaceutical Fiscal Accountability
Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Prescription drug costs continue to rise, affecting all
people in the United States.
(2) Generic drugs are approved by the Food and Drug
Administration and offer a safe alternative to brand-name
drugs.
(3) Access to generic drugs upon expiration of valid
pharmaceutical patents can result in a cost-effective
alternative to brand-name drugs.
(4) The generic version of a drug often enters the market
at a cost that is 25 to 35 percent less than the cost of the
brand-name version of the drug, and after a few years typically
sells for about 50 percent of the cost of the brand-name
version.
(5) Enhancing competition between generic and brand-name
drug manufacturers can reduce the cost of prescription drugs.
SEC. 3. 180-DAY GENERIC DRUG EXCLUSIVITY FOR CERTAIN SUBSEQUENT
APPLICANTS.
Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(5)(B)) is amended--
(1) in clause (iv)--
(A) by striking ``If the application'' and
inserting ``Subject to clause (v), if the
application''; and
(B) by striking ``continuing'' and inserting
``containing''; and
(2) by adding at the end the following:
``(v) If the application contains a certification described
in subclause (IV) of paragraph (2)(A)(vii) for a drug, the
Secretary shall treat the application as the first such
application submitted under this subsection for that drug if
every person that previously submitted an application
containing such a certification for that drug--
``(I) fails to market the drug within 60 days after
the Secretary approves the previously submitted
application;
``(II) withdraws the previously submitted
application;
``(III) changes, for any reason, the certification
in the previously submitted application to a
certification described in subclause (III) of paragraph
(2)(A)(vii);
``(IV) in a case in which, after the date on which
the previous application was submitted, new patent
information is submitted for the drug under subsection
(c)(2) for a patent for which certification is required
under subclause (IV) of paragraph (2)(A)(vii), fails to
challenge the patent that is the subject of the
information within 60 days after the date on which the
patent information is submitted; or
``(V) has engaged in conduct in violation of the
antitrust laws (as the term `antitrust laws' is defined
in subsection (a) of the first section of the Clayton
Act (15 U.S.C. 12(a)), except that such term includes
section 5 of the Federal Trade Commission Act (15
U.S.C. 45) to the extent such section 5 applies to
unfair methods of competition).''.
SEC. 4. NATIONAL INSTITUTES OF HEALTH; AWARDS TO DESIGNATED SMALL
ENTITIES FOR PHASE 1 OR 2 CLINICAL STUDIES ON DEVELOPMENT
OF NEW DRUGS.
Section 402 of the Public Health Service Act (42 U.S.C. 282) is
amended by adding at the end the following:
``(m)(1) The Director of NIH shall make awards of grants or
contracts to designated small entities to support qualifying clinical
research on the development of new drugs that, in the determination of
such Director, have the potential to make a significant contribution to
the prevention, diagnosis, or treatment of a disease.
``(2) For purposes of this subsection:
``(A) The term `designated small entity' means a public or
private entity (including a university or other educational
institution) meeting the following conditions:
``(i) The entity has been granted an exemption
under section 505(i) of the Federal Food, Drug, and
Cosmetic Act.
``(ii) Qualifying clinical research is being or
will be conducted pursuant to such exemption.
``(iii) The Director of NIH determines that the
entity may lack the financial resources to complete the
qualifying clinical research involved unless an award
under paragraph (1) is made to the entity.
``(B) The term `qualifying clinical research', with respect
to a new drug, means the conduct of Phase 1 or Phase 2 studies
within the meaning of section 312.21 of title 21, Code of
Federal Regulations (or successor regulations).
``(3) In supporting qualifying clinical research under paragraph
(1) for a fiscal year, the Director of NIH shall give priority to the
development of any new drug described in such paragraph that is being
developed for a disease for which the amount of funds for clinical
research obligated by the National Institutes of Health for the
preceding fiscal year is significantly less than amounts obligated by
such Institutes for such fiscal year for clinical research on other
diseases.
``(4) For the purpose of carrying out this subsection, there are
authorized to be appropriated $750,000,000 for fiscal year 2003, and
such sums as may be necessary for each subsequent fiscal year.''.
SEC. 5. CONTINGENT PAYMENT FOR NATIONAL INSTITUTES OF HEALTH SUPPORT
FOR DEVELOPMENT OF NEW DRUGS.
Section 402 of the Public Health Service Act (42 U.S.C. 282) (as
amended by section 4) is further amended by adding at the end the
following:
``(n)(1) The Director of NIH may not award a grant or contract to
an entity to support the development of a new drug, including any
research related to such development, unless the entity involved agrees
that, if the new drug with respect to which the award is made is
approved under section 351 or under section 505 of the Federal Food,
Drug, and Cosmetic Act, the entity will, for the effective patent
period for which the new drug is in commercial distribution, pay to the
Director of NIH an amount equal to 5 percent of the profits derived
from sales of the new drug during such period. After consultation with
such entity, the Director of NIH may establish a schedule of periodic
payments to meet the obligation of the entity under the preceding
sentence.
``(2) Payments under paragraph (1) may be made directly by the
entity involved or by an entity that has purchased the rights to the
new drug involved or has received a license regarding the sale of the
new drug.
``(3) Subject to the availability of appropriations, amounts paid
to the Director of NIH under this subsection are available to the
Director to award grants and contracts for the development of new
drugs, and such amounts may remain available until expended.''.
SEC. 6. STUDY ON EFFECTS OF FEDERAL SUPPORT FOR RESEARCH AND
DEVELOPMENT OF PRESCRIPTION DRUGS.
(a) Study.--The Comptroller General of the United States shall
conduct a study and make findings and recommendations with respect to
the effects of Federal funding used by Federal agencies to conduct or
support research and development of prescription drugs, on the
following:
(1) The overall cost of such research and development.
(2) The pricing of prescription drugs.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the Congress a report on the study, findings, and recommendations
required by subsection (a).
SEC. 7. STUDY ON PHARMACEUTICAL PATENT EXTENSIONS AND MARKET
EXCLUSIVITY PERIODS.
(a) Study.--The Comptroller General of the United States shall
conduct a study and make findings and recommendations on pharmaceutical
patent extensions and market exclusivity periods under Federal law,
including the effect of such extensions and periods on possible delays
in the introduction of generic versions of prescription drugs.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the Congress a report on the study, findings, and recommendations
required by subsection (a). | Pharmaceutical Fiscal Accountability Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to treat certain subsequent certified abbreviated new drug applications as if they were the first such application and therefore entitled to a period of 180 day generic drug exclusivity. (Abbreviated new drug applications are filed where the new drugs uses or active ingredient(s) are the same as those for a previously approved drug, also known as a "listed drug.")Amends the Public Health Service Act to require the Director of the National Institutes of Health to support qualifying clinical research on the development of new drugs at designated small public or private entities. Emphasizes drug research which has the potential to make a significant contribution for the prevention, diagnosis, or treatment of a disease which has not received significant Federal funding. Entitles the Director to five percent of the profits from sales during the patent period.Requires the Comptroller General to study and report to Congress on the effects of: (1) Federal funding on the costs of research and the pricing of prescription drugs; and (2) pharmaceutical patent extensions and market exclusivity periods on delays in introducing generic versions. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to allow certain applicants for approval of a generic drug to be eligible for a 180-day period of protection from competition, and for other purposes."} | 1,820 | 247 | 0.53199 | 1.583294 | 0.741461 | 2.906542 | 7.794393 | 0.869159 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Belated Thank You to the Merchant
Mariners of World War II Act of 2007''.
SEC. 2. MONTHLY BENEFIT FOR WORLD WAR II MERCHANT MARINERS AND
SURVIVORS UNDER TITLE 46, UNITED STATES CODE.
(a) Monthly Benefit.--Chapter 112 of title 46, United States Code,
is amended--
(1) by inserting after the table of sections the following
new subchapter heading:
``SUBCHAPTER I--BURIAL AND CEMETERY BENEFITS FOR VETERANS'';
and
(2) by adding at the end the following new subchapter:
``SUBCHAPTER II--MONTHLY BENEFIT
``Sec. 11211. Monthly benefit
``(a) Payment.--The Secretary of Veterans Affairs shall pay to each
individual issued a certificate of honorable service pursuant to
section 11213(b) of this title a monthly benefit of $1,000.
``(b) Surviving Spouses.--
``(1) Payment to surviving spouses.--Subject to paragraph
(2), the Secretary of Veterans Affairs shall pay to the
surviving spouse of each individual issued a certificate of
honorable service pursuant to section 11213(b) of this title a
monthly benefit of $1,000.
``(2) Exclusion.--No benefit shall be paid under paragraph
(1) to a surviving spouse of an individual issued a certificate
of honorable service pursuant to section 11213(b) unless the
surviving spouse was married to such individual for not less
than one year.
``(c) Retroactive Eligibility for Benefits.--The Secretary of
Veterans Affairs shall pay--
``(1) to each individual issued a certificate of honorable
service under to section 11213(b) of this title the monthly
benefit described in subsection (a) as if such individual had
received such certificate of honorable service on the date of
the enactment of the Belated Thank You to the Merchant Mariners
of World War II Act of 2007; and
``(2) to each surviving spouse issued a certificate of
honorable service on behalf of a deceased individual under
section 11213(e) of this title the monthly benefit described in
subsection (b)(1) as if such surviving spouse had received such
certificate of honorable service on the date of the enactment
of Belated Thank You to the Merchant Mariners of World War II
Act of 2007.
``(d) Exemption From Taxation.--Payments of benefits under this
section are exempt from taxation as provided in section 5301(a) of
title 38.
``Sec. 11212. Qualified service
``For purposes of this subchapter, an individual shall be
considered to have engaged in qualified service if, between December 7,
1941 and December 31, 1946, the individual--
``(1) was a member of the United States merchant marine
(including the Army Transport Service and the Naval Transport
Service) serving as a crewmember of a vessel that was--
``(A) operated by the War Shipping Administration
or the Office of Defense Transportation (or an agent of
such Administration or Office);
``(B) operated in waters other than--
``(i) inland waters;
``(ii) the Great Lakes; and
``(iii) other lakes, bays, and harbors of
the United States;
``(C) under contract or charter to, or property of,
the Government of the United States; and
``(D) serving the Armed Forces; and
``(2) while serving as described in paragraph (1), was
licensed or otherwise documented for service as a crewmember of
such a vessel by an officer or employee of the United States
authorized to license or document the person for such service.
``Sec. 11213. Certificate of honorable service
``(a) Application for Service Certificate.--An individual seeking
benefits under section 11211 of this title shall submit an application
for a certificate of honorable service--
``(1) to the Secretary of Transportation; or
``(2) in the case of an individual who was a member of the
Army Transport Service or the Naval Transport Service, to the
Secretary of Defense.
``(b) Issuance of Service Certificate.--The Secretary who receives
an application under subsection (a) shall issue a certificate of
honorable service to the applicant if, as determined by that Secretary,
the individual engaged in qualified service described in section 11212
of this title and meets the standards referred to in subsection (d) of
this section.
``(c) Timing for Certification.--A Secretary receiving an
application under subsection (a) shall act on the application not later
than one year after the date of that receipt.
``(d) Standards Relating to Service.--In making a determination
under subsection (b), the Secretary acting on the application shall
apply the same standards relating to the nature and duration of service
that apply to the issuance of a discharge from service under honorable
conditions under section 401(a)(1)(B) of the GI Bill Improvement Act of
1977 (Public Law 95-202; 38 U.S.C. 106 note).
``(e) Surviving Spouses.--The surviving spouse of a deceased
individual who engaged in qualifying service described in section 11212
may submit an application for a certificate of honorable service under
subsection (a) and be issued such a certificate on behalf of such
individual under subsection (b) for the purpose of receiving benefits
under section 11211(b) of this title.
``Sec. 11214. Surviving spouse defined
``In this subchapter, the term `surviving spouse' has the meaning
given such term in section 101 of title 38, except that in applying the
meaning in this subchapter, the term `veteran' means an individual who
performed qualified service described in section 11212 of this title.
``Sec. 11215. Authorization of appropriations
``There are authorized to be appropriated to the Secretary of
Veterans Affairs such sums as may be necessary for the purpose of
carrying out this subchapter.''.
(b) Conforming Amendments.--Subsection (c) of section 11201 of
title 46, United States Code, is amended--
(1) in paragraph (1), by striking ``chapter'' and inserting
``subchapter''; and
(2) in paragraph (2), by striking ``this chapter'' both
places it appears and inserting ``this subchapter''.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 112 of title 46, United States Code, is amended--
(1) by inserting at the beginning the following new item:
``subchapter i--burial and cemetery benefits for veterans'';
and
(2) by adding at the end the following:
``subchapter ii--monthly benefit
``11211. Monthly benefit.
``11212. Qualified service.
``11213. Certificate of honorable service.
``11214. Surviving spouse defined.
``11215. Authorization of appropriations.''. | Belated Thank You to the Merchant Mariners of World War II Act of 2007 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts from taxation benefits paid under this Act. | {"src": "billsum_train", "title": "A bill to amend title 46, United States Code, to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II, and for other purposes."} | 1,626 | 94 | 0.576513 | 1.497211 | 0.670784 | 3.963415 | 17.231707 | 0.890244 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Financial Empowerment Act of
2008''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The proportion of the population of the United States
age 60 years or older will drastically increase in the next 30
years as more than 76,000,000 Baby Boomers approach retirement
and old age.
(2) Each year, anywhere between 500,000 and 5,000,000
seniors in the United States are abused, neglected, or
exploited.
(3) Senior abuse, neglect, and exploitation have no
boundaries, and cross all racial, social class, gender, and
geographic lines.
(4) Millions of individuals in the United States are
victims of financial exploitation, including mail,
telemarketing, and Internet fraud, each year. Many of those who
fall prey to these crimes are seniors.
(5) It is difficult to estimate the prevalence of fraud
targeting seniors because cases are severely underreported and
national statistics on senior fraud do not exist.
(6) The Federal Bureau of Investigation notes that senior
Americans are less likely to report fraud because they do not
know to whom to report, they are ashamed to have been a victim
of fraud, or they do not know that they have been a victim of
fraud. In some cases, a senior victim of fraud may not report
the crime because he or she is concerned that relatives may
come to the conclusion that the victim no longer has the mental
capacity to take care of his or her own financial affairs.
(7) Perpetrators of mail, telemarketing, and Internet fraud
frequently target seniors because seniors are often vulnerable
and trusting people.
(8) As victims of such fraudulent schemes, many seniors
have been robbed of their hard-earned life savings and
frequently pay an emotional cost, losing not only their money,
but also their self-respect and dignity.
(9) Perpetrators of fraud targeting seniors often operate
outside the United States, reaching their victims through the
mail, telephone lines, and the Internet.
(10) The Deceptive Mail Prevention and Enforcement Act
increased the power of the United States Postal Service to
protect consumers against persons who use deceptive mailings,
such as those featuring games of chance, sweepstakes, skill
contests, and facsimile checks.
(11) During fiscal year 2007, analysts prepared more than
27,000 letters and informative postcards in response to mail
fraud complaints. During that same year, postal inspectors
investigated 2,909 mail fraud cases in the United States, and
arrested 1,236 mail fraud suspects, of whom 1,118 were
convicted. Postal inspectors also reported 162 telemarketing
fraud investigations, with 83 arrests and 61 convictions
resulting from such investigations.
(12) In 2000, the United States Senate Special Committee on
Aging reported that, each year, consumers lose approximately
$40,000,000,000 to telemarketing fraud, and estimated that
approximately 10 percent of the Nation's 14,000 telemarketing
firms were fraudulent. Some researchers estimate that only one
in 10,000 fraud victims reports the crime to the authorities.
(13) A 2003 report by AARP found that the crime of
telemarketing fraud is grossly underreported among senior
victims, but that those who are properly counseled by trained
peer volunteers are less likely to fall victim to fraudulent
practices.
(14) The Federal Bureau of Investigation reports that the
threat of fraud to seniors is growing and changing. Many
younger Baby Boomers have considerable computer skills, and
criminals are modifying their targeting techniques by using not
only traditional telephone calls and mass mailings, but also
online scams like phishing and e-mail spamming.
(15) The IC3 is a partnership between the National White
Collar Crime Center and the Federal Bureau of Investigation
that serves as a vehicle to receive, develop, and refer
criminal complaints regarding cyber crime. The IC3 processed
more than 219,553 complaints of Internet crime in 2007. From
these submissions, the IC3 referred 90,008 complaints of
Internet crime, representing a total dollar loss of
$239,090,000, to Federal, State, and local law enforcement
agencies in the United States for further consideration.
(16) Consumer awareness is the best protection from fraud.
SEC. 3. ENHANCED SENTENCING PENALTIES BASED ON AGE OF VICTIM.
(a) Directive to the United States Sentencing Commission.--Pursuant
to its authority under section 994(p) of title 28, United States Code,
and in accordance with this section, the United States Sentencing
Commission (referred to in this section as the ``Commission'') shall
review and, if appropriate, amend the Federal sentencing guidelines and
policy statements, including section 3A1.1 of the Federal sentencing
guidelines, to include the age of a crime victim, particularly for
senior crime victims, to ensure such guidelines adequately reflect
Congress' intent that the age of a crime victim is one of the criteria
for determining whether the application of a sentencing enhancement is
appropriate.
(b) Requirements.--In carrying out this section, the Commission
shall--
(1) ensure that the Federal sentencing guidelines and the
policy statements of the Commission reflect the serious
economic and physical harms associated with criminal activity
targeted at seniors due to their particular vulnerability;
(2) consider providing, in appropriate circumstances,
increased penalties for persons convicted of offenses in which
the victim was a senior;
(3) consult with individuals or groups representing
seniors, law enforcement agencies, victims organizations, and
the Federal judiciary as part of the review described in
subsection (a);
(4) ensure reasonable consistency with other Federal
sentencing guidelines and directives;
(5) account for any aggravating or mitigating circumstances
that may justify exceptions, including circumstances for which
the Federal sentencing guidelines provide sentencing
enhancements based on the age of the crime victim;
(6) make any necessary conforming changes to the Federal
sentencing guidelines; and
(7) ensure that the Federal sentencing guidelines
adequately meet the purposes of sentencing set forth in section
3553(a)(2) of title 18, United States Code.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Commission shall submit to Congress a report on issues
relating to the age of crime victims, which shall include--
(1) an explanation of any changes to sentencing policy made
by the Commission under this section; and
(2) any recommendations of the Commission for retention or
modification of penalty levels, including statutory penalty
levels, for offenses involving seniors.
SEC. 4. GRANTS TO PREVENT MAIL, TELEMARKETING, AND INTERNET FRAUD.
(a) Grant Program Authorized.--Subject to the availability of funds
authorized to be appropriated under this section, the Attorney General,
after consultation with the Secretary of Health and Human Services, the
Postmaster General, and the Chief Postal Inspector for the United
States Postal Inspection Service, shall establish and administer a
competitive grant program to award grants to eligible organizations to
carry out mail, telemarketing, and Internet fraud prevention education
programs for seniors.
(b) Eligible Organizations.--The Attorney General may award grants
under this section to State Attorneys General, State and local law
enforcement agencies and groups, senior centers, and other local
nonprofit organizations that provide assistance to seniors, as
determined by the Attorney General.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 2009 through 2013.
SEC. 5. SENSE OF THE CONGRESS RELATED TO NATIONAL SENIOR FRAUD
AWARENESS WEEK.
It is the sense of the Congress that--
(1) there is a need to increase public awareness of the
enormous impact that mail, telemarketing, and Internet fraud
has on senior citizens in the United States;
(2) a week in the month of May should be designated as
``National Senior Fraud Awareness Week'';
(3) the people of the United States should observe National
Senior Fraud Awareness Week with appropriate educational
activities; and
(4) the President is encouraged to issue a proclamation
supporting increased public awareness of the impact of, and the
need to prevent, fraud committed against seniors. | Senior Financial Empowerment Act of 2008 - Directs the U.S. Sentencing Commission to: (1) review and amend its sentencing guidelines to include the age of a crime victim in its criteria for determining whether a sentencing enhancement is appropriate; and (2) report to Congress on issues relating to the age of crime victims.
Directs the Attorney General to establish and administer a competitive grant program for mail, telemarketing, and Internet fraud prevention education programs for senior citizens.
Expresses the sense of Congress with respect to public awareness of the impact of mail, telemarketing, and Internet fraud on senior citizens. | {"src": "billsum_train", "title": "To prevent mail, telemarketing, and Internet fraud targeting seniors in the United States, to promote efforts to increase public awareness of the enormous impact that mail, telemarketing, and Internet fraud have on seniors, to educate the public, seniors, their families, and their caregivers about how to identify and combat fraudulent activity, and for other purposes."} | 1,765 | 134 | 0.486998 | 1.444785 | 0.577334 | 4 | 14.526316 | 0.964912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Predisaster Hazard Mitigation
Enhancement Program Act of 2009''.
SEC. 2. PREDISASTER HAZARD MITIGATION ENHANCEMENT.
(a) In General.--Title II of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended--
(1) by redesignating section 204 as section 205; and
(2) by inserting after section 203 the following:
``SEC. 204. PREDISASTER HAZARD MITIGATION ENHANCEMENT.
``(a) Purpose.--The purpose of this section is to provide grants to
eligible entities to assist hazard mitigation strategies that save
lives, improve the structural integrity of property affected by natural
disasters, and provide hazard mitigation cost savings to the Federal
Government and States.
``(b) Grants Authorized.--The President may make grants, on a
competitive basis, to eligible entities in accordance with this
section.
``(c) Application.--To be eligible for a grant under this section,
an eligible entity shall submit an application to the President in
accordance with regulations issued by the President not later than 180
days after the date of enactment of the Predisaster Hazard Mitigation
Enhancement Program Act of 2009.
``(d) Grant Uses.--A grant made under this section may be used only
for the following:
``(1) To assist predisaster hazard mitigation improvements
to residential property that is valued at an amount not
exceeding $250,000.
``(2) To assist predisaster hazard mitigation improvements
to business property that is owned or leased and operated by a
small business concern and that is valued at an amount not
exceeding $500,000.
``(3) To assist predisaster hazard mitigation improvements
to residential rental property that is valued at an amount not
exceeding the product of the total number of residential rental
dwelling units in such property and $250,000.
``(e) Annual Adjustment of Amounts.--The President shall adjust
annually the amounts under subsection (d) to account for changes
occurring in the preceding 12-month period in the Consumer Price Index
for All Urban Consumers (United States City Average) published by the
Bureau of Labor Statistics of the Department of Labor.
``(f) Minimum Standards.--An eligible entity that receives a grant
under this section shall carry out any repair, construction,
renovation, or retrofit assisted by such grant in accordance with the
following:
``(1) Applicable standards of safety and sanitation.
``(2) Applicable codes, specifications, and standards of
the International Building Code of the International Code
Council or the NFPA 5000: Building Construction and Safety Code
of the National Fire Protection Association.
``(3) Safe land use and construction practice standards
that may be issued by the President after consultation with
appropriate State officials.
``(g) Federal Share.--The Federal share of the cost of mitigation
activities carried out using amounts from a grant made under this
section shall not exceed 75 percent of the cost of the activities. If
prior approval by the President is received, the value of in-kind
contributions may be credited toward the non-Federal share of the cost
of the activities.
``(h) Allocation of Amounts.--Of the amounts appropriated for
making grants under this section in a fiscal year, the President
shall--
``(1) require eligible entities to allocate--
``(A) 50 percent of grant amounts to programs that
address the mitigation needs of single family housing
units;
``(B) 30 percent of grant amounts to programs that
address the mitigation needs of multi-family housing
units and residential rental dwelling units; and
``(C) 20 percent of grant amounts to programs that
address the mitigation needs of small businesses; and
``(2) allocate not less than 60 percent of all such amounts
to mitigation programs relating to hurricanes.
``(i) Coastal Barrier Resources System.--Grants made under this
section may not be used for projects located in the Coastal Barrier
Resources System established under section 4 of the Coastal Barrier
Resources Act (16 U.S.C. 3503).
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Eligible entity.--The term `eligible entity' means
any of the 50 States, the District of Columbia, any federally
recognized Indian tribe, and any territory or possession of the
United States that--
``(A) has an approved mitigation plan under section
322;
``(B) implements public awareness campaigns to
encourage improvements to structures to mitigate
hazards relating to natural disasters;
``(C) takes steps to encourage mitigation actions
with respect to repetitive loss structures within the
jurisdiction of such entity; and
``(D) if such entity has a State residual market,
excludes from such State residual market any property
located in the Coastal Barrier Resources System
established under section 4 of the Coastal Barrier
Resources Act (16 U.S.C. 3503).
``(2) Natural disaster.--The term `natural disaster' has
the meaning given such term under section 602.
``(3) President.--The term `President' means the President,
acting through the Administrator of the Federal Emergency
Management Agency.
``(4) Repetitive loss structure.--The term `repetitive loss
structure' has the meaning given such term under section 1370
of the National Flood Insurance Act of 1968 (42 U.S.C. 4121).
``(5) State residual market.--The term `State residual
market' means a State plan that has established a reinsurance
fund or has authorized the operation of a State residual
insurance market entity or any State-sponsored provider of
natural catastrophe insurance.
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2010 through 2014.''.
(b) State Homeowner Mitigation Program Support.--Section
203(e)(1)(B) of such Act (42 U.S.C. 5133(e)(1)(B)) is amended--
(1) at the end of clause (ii) by striking ``or'';
(2) at the end of clause (iii) by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) to support State programs that
provide grants or loans to low income
homeowners for use with respect to a primary
residence for wind and flood inspections and
for implementation of hazard mitigation
improvements.''.
(c) Cooperative Storm Buffer Improvement Study.--The Administrator
of the Federal Emergency Management Agency shall enter into appropriate
arrangements with the National Academy of Sciences, or a similar
organization, to examine methods to coordinate the functions of man-
made storm buffers and natural storm buffers. The study shall include
an examination of large coastal communities and smaller, high-priority,
natural storm buffer communities. | Predisaster Hazard Mitigation Enhancement Program Act of 2009 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize: (1) the Administrator of the Federal Emergency Management Agency (FEMA) to make grants on a competitive basis to states and other jurisdictions to assist predisaster hazard mitigation strategies; and (2) the use of technical and financial assistance under such Act to support state programs that provide grants to low income homeowners for wind and flood inspections of their principal residences and for implementation of hazard mitigation improvements..
Limits the use of grants to assist predisaster hazard mitigation improvements to: (1) residential property valued up to $250,000; (2) small business property valued up to $500,000; and (3) residential rental property valued up to the product of the number of rental units in such property and $250,000.
Prohibits grants from being used for projects located in the Coastal Barrier Resources System.
Directs the Administrator to arrange with the National Academy of Sciences or a similar organization to examine methods to coordinate the functions of man-made and natural storm buffers. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish a grant program for predisaster hazard mitigation enhancement, and for other purposes."} | 1,553 | 234 | 0.668077 | 1.951303 | 0.756028 | 3.288462 | 6.754808 | 0.894231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crime Victim Restitution and Court
Fee Intercept Act''.
SEC. 2. OFFSET OF STATE JUDICIAL DEBTS AGAINST INCOME TAX REFUND.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is amended by
redesignating subsections (f) through (k) as subsections (g) through
(l), respectively, and by inserting after subsection (e) the following:
``(f) Collection of Past-Due, Legally Enforceable State Judicial
Debts.--
``(1) In general.--Upon receiving notice from any State
judicial branch or State agency designated by the chief justice
of the State's highest court that a named person owes a past-
due, legally enforceable State judicial debt to or in such
State, the Secretary shall, under such conditions as may be
prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such State judicial
debt;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such State judicial
branch or State agency and notify such State judicial
branch or State agency of such person's name, taxpayer
identification number, address, and the amount
collected; and
``(C) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
State judicial debt.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing
such return.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment;
``(ii) subsection (c) with respect to past-
due support;
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency; and
``(iv) subsection (e) with respect to any
past-due, legally enforceable State income tax
obligations; and
``(B) before such overpayment is credited to the
future liability for any Federal internal revenue tax
of such person pursuant to subsection (b).
If the Secretary receives notice from 1 or more State agencies,
or from 1 or more State agencies and the State judicial branch,
of more than 1 debt subject to paragraph (1) that is owed by
such person to such State agency or State judicial branch, any
overpayment by such person shall be applied against such debts
in the order in which such debts accrued.
``(3) Notice; consideration of evidence.--Rules similar to
the rules of subsection (e)(4) shall apply with respect to
debts under this subsection.
``(4) Past-due, legally enforceable state judicial debt.--
``(A) In general.--For purposes of this subsection,
the term `past-due, legally enforceable State judicial
debt' means a debt--
``(i) which resulted from a judgment or
sentence rendered by any court or tribunal of
competent jurisdiction which--
``(I) handles criminal or traffic
cases in the State; and
``(II) has determined an amount of
State judicial debt to be due; and
``(ii) which resulted from a State judicial
debt which has been assessed and is past-due
but not collected.
``(B) State judicial debt.--For purposes of this
paragraph, the term `State judicial debt' includes
court costs, fees, fines, assessments, restitution to
victims of crime, and other monies resulting from a
judgment or sentence rendered by any court or tribunal
of competent jurisdiction handling criminal or traffic
cases in the State.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which State judicial
branches and State agencies must submit notices of past-due,
legally enforceable State judicial debts and the necessary
information that must be contained in or accompany such
notices. The regulations shall specify the types of State
judicial monies and the minimum amount of debt to which the
reduction procedure established by paragraph (1) may be
applied. The regulations may require State judicial branches
and State agencies to pay a fee to reimburse the Secretary for
the cost of applying such procedure. Any fee paid to the
Secretary pursuant to the preceding sentence shall be used to
reimburse appropriations which bore all or part of the cost of
applying such procedure.
``(6) Erroneous payment to state.--Any State judicial
branch or State agency receiving notice from the Secretary that
an erroneous payment has been made to such State judicial
branch or State agency under paragraph (1) shall pay promptly
to the Secretary, in accordance with such regulations as the
Secretary may prescribe, an amount equal to the amount of such
erroneous payment (without regard to whether any other amounts
payable to such State judicial branch or State agency under
such paragraph have been paid to such State judicial branch or
State agency).''.
(b) Disclosure of Return Information.--Section 6103(l)(10) of the
Internal Revenue Code of 1986 (relating to disclosure of certain
information to agencies requesting a reduction under subsection (c),
(d), or (e) of section 6402) is amended by striking ``or (e)'' each
place it appears in the text and heading and inserting ``(e), or (f)''.
(c) Conforming Amendments.--
(1) Section 6402(a) of the Internal Revenue Code of 1986 is
amended by striking ``and (e)'' and inserting ``(e), and (f)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``subsection (e)'' and inserting
``subsections (e) and (f)''.
(3) Paragraph (3)(B) of section 6402(e) of such Code is
amended to read as follows:
``(B) before such overpayment is--
``(i) reduced pursuant to subsection (f)
with respect to past-due, legally enforceable
State judicial debts, and
``(ii) credited to the future liability for
any Federal internal revenue tax of such person
pursuant to subsection (b).''.
(4) Section 6402(g) of such Code, as so redesignated, is
amended by striking ``or (e)'' and inserting ``(e), or (f)''.
(5) Section 6402(i) of such Code, as so redesignated, is
amended by striking ``or (e)'' and inserting ``, (e), or (f)''.
(d) Effective Date.--The amendments made by this Act shall apply to
refunds payable for taxable years beginning after December 31, 2006. | Crime Victim Restitution and Court Fee Intercept Act - Amends the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state judicial agency that a named person owes a past-due, legally enforceable state judicial debt, to pay such debt from any tax refund due to such person. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for State judicial debts that are past-due."} | 1,612 | 76 | 0.559542 | 1.471823 | 0.998582 | 3.508475 | 25.20339 | 0.932203 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans'
Insurance Reform Act of 1995''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
SEC. 2. REMOVAL OF GENDER REFERENCES.
(a) In General.--
(1) Section 1315(f)(1)(F) is amended by striking out
``servicemen's'' in the first place it appears and inserting in
lieu thereof ``servicemembers'''.
(2) Sections 1967 (a), (c), and (f), 1968(b), 1969 (a)-(e),
1970 (a), (f), and (g), 1971(b), 1973, 1974, 1977 (a), (d),
(e), and (g), 3017(a), and 3224(1) are amended by striking out
``Servicemen's'' each place it appears and inserting in lieu
thereof ``Servicemembers'''.
(b) Conforming Amendments.--(1)(A) The heading of subchapter III of
chapter 19 is amended to read as follows:
``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE (FORMERLY
SERVICEMEN'S GROUP LIFE INSURANCE)''.
(B) The item relating to such subchapter in the table of sections
at the beginning of such chapter is amended to read as follows:
``Subchapter III--Servicemembers' Group Life Insurance (Formerly
Servicemen's Group Life Insurance)''.
(2)(A) The heading of section 1974 is amended to read as follows:
``Sec. 1974. Advisory Council on Servicemembers' Group Life Insurance
(formerly Servicemen's Group Life Insurance)''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 19 is amended to read as follows:
``1974. Advisory Council on Servicemembers' Group Life Insurance
(formerly Servicemen's Group Life
Insurance)''.
SEC. 3. MERGER OF RETIRED RESERVIST SERVICE- MEMBERS' GROUP LIFE
INSURANCE AND VETERANS' GROUP LIFE INSURANCE AND
EXTENSION OF VETERANS' GROUP LIFE INSURANCE TO MEMBERS OF
THE READY RESERVES.
(a) Section 1965(5) is amended--
(1) in subparagraph (B), by inserting ``and'' at the end
thereof;
(2) by striking subparagraphs (C) and (D); and
(3) redesignating subparagraph (E) as subparagraph (C).
(b) Section 1967 is amended--
(1) in subsection (a)--
(A) in paragraph (1) by inserting ``and'' at the
end thereof;
(B) by striking paragraphs (3) and (4) in their
entirety; and
(C) by striking ``or the first day a member of the
Reserves, whether or not assigned to the Retired
Reserve of a uniformed service, meets the
qualifications of section 1965(5)(C) of this title, or
the first day a member of the Reserves meets the
qualifications of section 1965(5)(D) of this title,'';
and
(2) by striking subsection (d) in its entirety; and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e) respectively.
(c) Section 1968 is amended--
(1) in subsection (a)--
(A) by striking ``subparagraph (B), (C), or (D) of
section 1965(5)'' and inserting ``section 1965(5)(B)''
in lieu thereof;
(B) in paragraph (4) by striking--
(i) ``--(A)'' and inserting a comma in lieu
thereof;
(ii) subparagraphs (B) and (C) in their
entirety; and
(C) by striking paragraphs (5) and (6) in their
entirety; and
(2) in subsection (b) by striking the last two sentences.
(d) Section 1969 is amended--
(1) in subsection (a)(2) by striking ``is assigned to the
Reserve (other than the Retired Reserve) and meets the
qualifications of section 1965(5)(C) of this title, or is
assigned to the Retired Reserve and meets the qualifications of
section 1965(5)(D) of this title,'';
(2) by striking subsection (e) in its entirety; and
(3) by redesignating subsections (f) and (g) as subsections
(e) and (f) respectively.
SEC. 4. CONVERSION TO COMMERCIAL LIFE INSURANCE POLICY.
(a) Section 1968(b) is amended by--
(1) adding ``(1)'' following ``the date such insurance
would cease,'' in the first sentence;
(2) redesignating clauses (1) and (2) in the first sentence
as (A) and (B) respectively;
(3) striking ``title.'' at the end of the first sentence
and inserting in lieu thereof ``title, or, (2) at the election
of the member, shall be converted to an individual policy of
insurance as described in section 1977(e) of this title upon
written application for conversion made to the participating
company selected by the member and payment of the required
premiums.''; and
(4) adding ``to Veterans' Group Life Insurance'' following
``automatic conversion'' in the second sentence.
(b) Section 1977 is amended--
(1) in paragraph (a) by striking the last two sentences and
inserting in lieu thereof the following: ``If any person
insured under Veterans' Group Life Insurance again becomes
insured under Servicemembers' Group Life Insurance but dies
before terminating or converting such person's Veterans' Group
Insurance, Veterans' Group Life Insurance will be payable only
if such person is insured for less than $200,000 under
Servicemembers' Group Life Insurance, and then only in an
amount which when added to the amount of Servicemembers' Group
Life Insurance payable shall not exceed $200,000.''; and
(2) in paragraph (e) by striking the third sentence and
inserting in lieu thereof the following: ``The Veterans' Group
Life Insurance policy will terminate on the day before the date
on which the individual policy becomes effective.''.
SEC. 5. EFFECTIVE DATE.
The Servicemembers' Group Life Insurance of any member of the
Retired Reserve of a uniform service in force on the date of enactment
of this Act shall be converted, effective ninety days after that date,
to Veterans' Group Life Insurance. | Veterans' Insurance Reform Act of 1995 - Redesignates the Servicemen's Group Life Insurance program as the Servicemembers' Group Life Insurance (SGLI) program.
Merges the Retired Reservists' Servicemembers' Group Life Insurance program into the Veterans' Group Life Insurance (VGLI) program. Extends the VGLI program to members of the Ready Reserve who retire with less than 20 years of service.
Authorizes an insured under: (1) the VGLI program to convert such policy to an individual policy of life insurance with a commercial insurance company at any time; and (2) the SGLI program to convert to such an individual policy upon separation from service. | {"src": "billsum_train", "title": "Veterans' Insurance Reform Act of 1995"} | 1,539 | 147 | 0.52866 | 1.379881 | 0.637335 | 2.153226 | 11.185484 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving American Homeownership
Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The stability of the economy, housing market, and
neighborhoods of the United States depends upon reducing the
number of foreclosures in the United States.
(2) Underwater homeowners have an incentive to walk away
from their homes, contributing greatly to the increase in
foreclosures.
SEC. 3. SHARED APPRECIATION MORTGAGE MODIFICATION PILOT PROGRAMS.
(a) Definitions.--In this section--
(1) the term ``capital improvement'' means a home
improvement described in table 4 of Publication 530 of the
Internal Revenue Service, or any successor thereto;
(2) the term ``covered mortgage'' means a mortgage--
(A) that is--
(i) sold to the Federal National Mortgage
Association, the Government National Mortgage
Association, or the Federal Home Loan Mortgage
Corporation; or
(ii) insured under title II of the National
Housing Act (12 U.S.C. 1707 et seq.);
(B) that is secured by real property that is the
primary residence of a homeowner;
(C) that is in an amount that is greater than the
appraised value of the real property securing the
mortgage on or about the date on which the homeowner is
approved to participate in the pilot program under
subsection (b);
(D) with respect to which the homeowner--
(i) is not fewer than 60 days delinquent;
or
(ii) is at risk of imminent default; and
(E) of a homeowner who has a documented financial
hardship that prevents or will prevent the homeowner
from making mortgage payments;
(3) the term ``enterprise'' has the same meaning as in
section 1303 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4502);
(4) the term ``homeowner'' means the mortgagor under a
covered mortgage;
(5) the term ``investor'' means--
(A) the mortgagee under a covered mortgage; or
(B) in the case of a covered mortgage that
collateralizes an asset-backed security, as defined in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)), the trustee for the asset-backed
security;
(6) the term ``pilot program'' means a pilot program
established under subsection (b); and
(7) the term ``shared appreciation mortgage modification''
means a modification of a covered mortgage in accordance with
subsection (c).
(b) Pilot Programs Established.--The Director of the Federal
Housing Finance Agency and the Federal Housing Commissioner shall each
establish a pilot program to encourage the use of shared appreciation
mortgage modifications that are designed to return greater cash flow to
investors than other loss-mitigation activities, including foreclosure,
and result in positive net present value for the investor.
(c) Shared Appreciation Mortgage Modification.--For purpose of the
pilot program, a shared appreciation mortgage modification shall--
(1) reduce the loan-to-value ratio of a covered mortgage to
95 percent within 3 years, by reducing the amount of principal
under the covered mortgage by \1/3\ at the end of each year for
3 years;
(2) reduce the interest rate for a covered mortgage, if a
reduction of principal under paragraph (1) would not result in
a reduced monthly payment that is affordable to the homeowner;
(3) reduce the amount of any periodic payment required to
be made by the homeowner, so that the amount payable by the
homeowner is equal to the amount that would be payable by the
homeowner if, on the date on which the shared appreciation
mortgage modification takes effect--
(A) all reductions of the amount of principal under
paragraph (1) had been made; and
(B) any reduction in the interest rate under
paragraph (2) for which the covered mortgage is
eligible had been made;
(4) require the homeowner to pay to the investor after
refinancing or selling the real property securing a covered
mortgage a percentage of the amount of any increase (not to
exceed 50 percent of such increase) in the value of the real
property during the period beginning on the date on which the
homeowner was approved to participate in the pilot program and
ending on the date of the refinancing or sale that is equal to
the percentage by which the investor reduced the amount of
principal under the covered mortgage under paragraph (1); and
(5) result in a positive net present value for the investor
after taking into account the principal reduction under
paragraph (1) and, if necessary, any interest rate reduction
under paragraph (2).
(d) Determination of Value of Home.--
(1) In general.--For purposes of this section, the value of
real property securing a covered mortgage shall be determined
by a licensed appraiser who is independent of and does not
otherwise do business with the homeowner, servicer, investor,
or an affiliate of the homeowner, servicer, or investor.
(2) Time for determination.--The value of real property
securing a covered mortgage shall be determined on a date that
is as close as practicable to the date on which a homeowner
begins to participate in a pilot program.
(3) Cost.--
(A) Responsibility for cost.--
(i) Initial cost.--The investor shall pay
the cost of an appraisal under paragraph (1).
(ii) Deduction from homeowner share.--At
the option of the investor, the cost of an
appraisal under paragraph (1) may be added to
the amount paid by the homeowner to the
investor under subsection (c)(4).
(B) Reasonableness of cost.--The cost of an
appraisal under paragraph (1) shall be reasonable, as
determined by the Director of the Federal Housing
Finance Agency and the Federal Housing Commissioner.
(4) Second appraisal.--At the time of refinancing or sale
of real property securing a covered mortgage, the investor may
request a second appraisal of the value of the real property,
at the expense of the investor, by a licensed appraiser who is
independent of and does not otherwise do business with the
homeowner, servicer, investor, or an affiliate of the
homeowner, servicer, or investor, if the investor believes that
the sale price or claimed value at the time of the refinancing
is not an accurate reflection of the fair market value of the
real property.
(e) Eligibility for Reduction of Principal.--Each pilot program
shall provide that a homeowner is not eligible for a reduction in the
amount of principal under a covered mortgage under a shared
appreciation mortgage modification if, after the homeowner begins
participating in the pilot program, the homeowner--
(1) is delinquent on more than 3 payments under the shared
appreciation mortgage modification during any of the 3
successive 1-year periods beginning on the date on which the
shared appreciation mortgage modification is made; and
(2) fails to be current with all payments described in
paragraph (1) before the end of each 1-year period described in
paragraph (1).
(f) Notification.--
(1) In general.--Each pilot program shall require that the
servicer of a covered mortgage transmit to each homeowner
participating in the pilot program written notice, in clear and
simple language, of how to maintain and submit any
documentation of capital improvements that is necessary to
ensure that the shares of any increase in the value of the real
property securing the covered mortgage to which the investor
and the homeowner are entitled are determined accurately.
(2) Timing.--The pilot program shall require that a
servicer provide the notice described in paragraph (1)--
(A) before the homeowner accepts a shared
appreciation mortgage modification; and
(B) before the homeowner sells or refinances the
real property securing the covered mortgage.
(g) Participation by Servicers.--The Director of the Federal
Housing Finance Agency shall require each enterprise to require that
any servicer of a covered mortgage in which the enterprise is an
investor participate in the pilot program of the Federal Housing
Finance Agency by offering shared appreciation mortgage modifications
to a random and statistically significant sampling of homeowners with
covered mortgages.
(h) Studies and Reports.--The Director of the Federal Housing
Finance Agency and the Federal Housing Commissioner shall--
(1) conduct annual studies of the pilot program of the
Federal Housing Finance Agency and the Federal Housing
Administration, respectively; and
(2) submit a report to Congress containing the results of
each study at the end of each of the 3 successive 1-year
periods beginning on the date on which the pilot program is
established.
(i) Termination.--On and after the date that is 2 years after the
date of enactment of this Act, the Director of the Federal Housing
Finance Agency and the Federal Housing Commissioner may not enter into
any agreement under the pilot program with respect to a shared
appreciation mortgage modification. | Preserving American Homeownership Act of 2012 - Requires the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner each to establish a pilot program to encourage the use of shared appreciation mortgage modifications that: (1) are designed to return greater cash flow to investors than other loss-mitigation activities, including foreclosure; and (2) result in positive net present value for the investor.
Requires a shared appreciation mortgage modification to: (1) reduce by specified action the loan-to-value ratio of a covered mortgage to 95% within 3 years; (2) reduce the interest rate if such a principal reduction would not result in an affordable reduced monthly payment; (3) reduce to a specified amount any periodic payment the homeowner is required to make; (4) require the homeowner to pay the investor, after refinancing or selling the real property securing a covered mortgage, up to 50% of the amount of any increase in the value of the real property during a specified period; and (5) result in a positive net present value for the investor after taking into account the principal reduction and, if necessary, any interest rate reduction. | {"src": "billsum_train", "title": "A bill to establish pilot programs to encourage the use of shared appreciation mortgage modifications, and for other purposes."} | 1,911 | 240 | 0.518511 | 1.560974 | 0.837017 | 6.223214 | 8.214286 | 0.955357 |
71, which recognized the United States
``national interest in helping to prevent and mitigate acts of
genocide and other mass atrocities against civilians, and
supporting and encouraging efforts to develop a whole of
government approach to prevent and mitigate such acts''.
(7) In 2012, President Obama, in Presidential Study
Directive 10, which ordered the creation of the Atrocities
Prevention Board, stated that he would ensure that the United
States Government has the required structures, tools, and
mechanisms to better prevent and respond to mass atrocities.
(8) In February 2014, James Clapper, the Director of
National Intelligence, stated in his annual national security
threat assessment to Congress--
(A) ``The overall risk of mass atrocities worldwide
will probably increase in 2014 and beyond.'';
(B) ``Many countries at risk of mass atrocities
will likely be open to influence to prevent or mitigate
them.''; and
(C) ``Much of the world will almost certainly turn
to the United States for leadership to prevent and
respond to mass atrocities.''.
(9) The United States can strengthen its atrocity
prevention and peacebuilding efforts by--
(A) supporting civil society which serves a central
role in promoting nonviolent conflict resolution and
supporting early warning;
(B) enhancing cooperation and understanding among
ethnic and religious groups, communities, and factions;
(C) working with the international community to
ensure shared responsibility by enhancing multilateral
and regional mechanisms that seek to prevent genocide
and mass atrocities;
(D) promoting effective accountability mechanisms
to deter individuals and entities that may incite or
commit genocide or mass atrocities; and
(E) implementing policies that hold accountable
individuals and entities that incite or commit genocide
or mass atrocities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Genocide.--The term ``genocide'' has the meaning given
the term in Article II of the United Nations Convention on the
Prevention and Punishment of the Crime of Genocide, opened for
signature in Paris December 9, 1948.
(2) Mass atrocity.--The term ``mass atrocity'' means large
scale and deliberate acts of violence against civilians and
includes crimes against humanity, ethnic cleansing, and war
crimes.
(3) Peacebuilding.--The term ``peacebuilding'' means
nonviolent activities designed to prevent conflict through--
(A) addressing root causes of violence;
(B) promoting sustainable peace;
(C) delegitimizing violence as a dispute resolution
strategy;
(D) building capacity within society to peacefully
manage disputes, including the capacity of governments
to address citizen grievances; and
(E) reducing vulnerability to triggers that may
spark violence.
SEC. 4. STATEMENT OF POLICY REGARDING GENOCIDE AND MASS ATROCITY
PREVENTION.
It is the policy of the United States--
(1) to regard the prevention of mass atrocities and
genocide as a core national security interest and a core moral
responsibility;
(2) to mitigate threats to United States security by
addressing the root causes of insecurity and violent conflict
to prevent--
(A) the mass slaughter of civilians;
(B) conditions that prompt internal displacement
and the flow of refugees across borders; and
(C) other violence that wreaks havoc on regional
stability and livelihoods;
(3) to enhance our Nation's capacity to prevent and address
the drivers of mass atrocities and violent conflict as part of
its humanitarian, development and strategic interests;
(4) to create a Government-wide strategy to prevent and
respond to the risk of genocide and mass atrocities by--
(A) strengthening the diplomatic, risk analysis and
monitoring, strategic planning, early warning, and
response capacities of the United States Government;
(B) improving the use of foreign assistance to
respond early, effectively, and urgently in order to
address the root causes and drivers of violence,
systemic patterns of human rights abuses, and mass
atrocities;
(C) supporting international atrocities prevention,
conflict prevention, peacekeeping, and peacebuilding
mechanisms;
(D) supporting and strengthening local civil
society, including human rights defenders and others
working to help prevent and respond to atrocities, and
protecting their ability to receive support from and
partner with civil society at large; and
(E) promoting financial transparency and enhancing
anti-corruption initiatives as part of addressing a
root cause of insecurity; and
(5) to employ a variety of unilateral, bilateral, and
multilateral means to prevent and respond to conflicts and mass
atrocities by--
(A) placing a high priority on timely, preventive
diplomatic efforts; and
(B) exercising a leadership role in promoting
international efforts to end crises peacefully.
SEC. 5. ATROCITIES PREVENTION BOARD.
(a) Establishment.--The President is authorized to establish an
interagency Atrocities Prevention Board (referred to in this section as
the ``Board'').
(b) Leadership.--The President shall appoint a Chair of the Board,
who shall--
(1) serve on the National Security Council staff with a
rank no lower than Senior Director (Chair); and
(2) report, through the National Security Advisor, to the
President.
(c) Responsibilities.--Under the direction of the Chair, the Board,
either on its own or through such executive departments and agencies as
may be appropriate, shall--
(1) meet regularly to ensure that atrocities and the risk
of atrocities throughout the world are adequately considered
and addressed;
(2) oversee the development and execution of policies and
tools to enhance the capacity of the United States to prevent
and respond to atrocities worldwide;
(3) monitor developments throughout the world that heighten
the risk of atrocities;
(4) analyze and closely review specific atrocity threats or
situations of heightened concern;
(5) identify any gaps in United States policies concerning
regions or particular countries;
(6) provide the President with recommendations and
potential improvements to policies, programs, resources, and
tools related to atrocity prevention and response;
(7) conduct outreach, including regular consultations with
representatives of nongovernmental organizations dedicated to
atrocity prevention and response and other appropriate
parties--
(A) to receive assistance for the Board's efforts
to address emerging atrocity threats or situations and
develop new or improved policies and tools; and
(B) to provide an appropriate public understanding
of the work of the Board; and
(8) in carrying out paragraphs (1) through (7), focus on
particular ways for the United States Government to develop,
strengthen, and enhance its capabilities to--
(A) monitor, receive early warning of, and
coordinate responses to potential atrocities;
(B) deter and isolate perpetrators of atrocities
through all available authorities;
(C) promote accountability and deny impunity for
perpetrators of atrocities, within the United States
and throughout the world;
(D) engage allies and partners, including the
United Nations Office on Genocide Prevention and the
Responsibility to Protect and other multilateral and
regional institutions, to build capacities and mobilize
action for preventing and responding to atrocities;
(E) encourage the deployment of civilian advisors
to prevent and respond to atrocities;
(F) increase capacity and develop doctrine for the
United States foreign service, civil service, armed
services, development professionals, and other actors
to engage in the full spectrum of atrocity prevention
and response activities;
(G) develop and implement tailored foreign
assistance programs that address and mitigate the risks
of atrocities;
(H) ensure intelligence collection, analysis, and
sharing of appropriate information; and
(I) address any other issues that the Board
determines to be appropriate.
(d) Composition.--The Board shall be constituted as an interagency
body composed of designated representatives, at the Assistant Secretary
level or higher, of--
(1) the Department of State;
(2) the United States Agency for International Development;
(3) the Department of Defense;
(4) the Department of Justice;
(5) the Department of the Treasury;
(6) the Department of Homeland Security;
(7) the Central Intelligence Agency;
(8) the Office of the Director of National Intelligence;
(9) the United States Mission to the United Nations;
(10) the Federal Bureau of Investigation; and
(11) such other executive departments, agencies, or offices
as the Chair may designate.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
United States Agency for International Development, shall submit an
unclassified report, with a classified annex if necessary, to the
Committee on Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Appropriations of the
House of Representatives that includes--
(1) an interagency review consisting of--
(A) an evaluation of the efficacy of current
efforts based on United States and locally identified
indicators, including capacities and constraints for
Government-wide detection, early warning and response,
information-sharing, contingency planning, and
coordination of efforts to prevent and respond to
situations of genocide, mass atrocities, and other mass
violence, such as gender-based violence;
(B) an assessment of the funding expended by
relevant Federal agencies on atrocity prevention
activities, including the legal, procedural, and
resource constraints faced by the Department of State
and the United States Agency for International
Development throughout respective budgeting, strategic
planning, and management cycles to support conflict and
atrocity prevention activities in countries identified
to be at risk of atrocities;
(C) current annual global assessments of sources of
instability, conflict, and mass atrocities;
(D) recommendations to further strengthen United
States capabilities described in subparagraph (A); and
(E) consideration of analysis, reporting, and
policy recommendations to prevent and respond to
atrocities produced by civil society, academic, and
other nongovernmental organizations and institutions;
(2) recommendations to ensure shared responsibility by--
(A) enhancing multilateral mechanisms for
preventing genocide and atrocities, including
strengthening the role of international organizations
and international financial institutions in conflict
prevention, mitigation, and response; and
(B) strengthening regional organizations; and
(3) the implementation status of the recommendations
contained in the interagency review described in paragraph (1).
(f) Materials and Briefings.--The Chair and members of the Board
shall--
(1) provide annual briefings to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives; and
(2) provide briefings and materials, as appropriate, to the
relevant congressional committees.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2017, 2018,
and 2019 to carry out this section.
SEC. 6. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITY
PREVENTION.
Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) instruction on recognizing patterns of escalation and
early warning signs of potential atrocities or violence,
including gender-based violence, and methods of conflict
assessment, peacebuilding, mediation for prevention, and early
action and response.''.
SEC. 7. REPORT OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
The Director of National Intelligence should include, in his or her
annual testimony to Congress on threats to United States national
security--
(1) a review of countries and regions at risk of genocide
and mass atrocities; and
(2) whenever possible, specific mention of countries and
regions at immediate risk of genocide and mass atrocities.
SEC. 8. COMPLEX CRISES FUND.
(a) Establishment.--
(1) In general.--There is established in the Treasury of
the United States a fund, which shall be known as the ``Complex
Crises Fund'' (referred to in this section as the ``Fund''), to
enable the Administrator of the United States Agency for
International Development to support programs and activities to
prevent or respond to emerging or unforeseen foreign challenges
and complex crisis overseas, including potential mass
atrocities.
(2) Transfers.--Notwithstanding any other provision of law,
except section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d), the Secretary of the Treasury shall transfer to
the Fund such sums as may be appropriated or otherwise made
available for the purposes described in paragraph (1) and to
carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.). Amounts transferred to the Fund shall remain available
until expended.
(b) Purposes of Assistance.--Amounts in the Fund may be expended--
(1) to mitigate or respond to emerging or unforeseen
complex crises, including urgent humanitarian, political,
social, or economic challenges that threaten stability in any
country or region;
(2) to counter the rise of violent conflict and
instability; or
(3) to advance the consolidation of peace and democracy.
(c) Limitations.--
(1) In general.--Amounts in the Fund may not be expended
for lethal assistance or to respond to natural disasters.
(2) Administrative expenses.--Not more than 5 percent of
the amounts in the Fund may be used for administrative
expenses.
(d) Congressional Notification.--Not later than 5 days before
amounts from the Fund are obligated, the Administrator of the United
States Agency for International Development shall submit notification
of such obligation to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(e) Waiver.--The notification requirement under subsection (d) may
be waived if--
(1) failure to do so would pose a substantial risk to human
health or welfare; and
(2) the congressional committees set forth in subsection
(d)--
(A) are notified not later than 3 days after an
obligation of funds; and
(B) are provided with an explanation of the
emergency circumstances that necessitated the waiver. | Genocide and Atrocities Prevention Act of 2016 This bill states that it is U.S. policy to regard the prevention of mass atrocities and genocide as a core national security interest and a core moral responsibility. The President may establish an interagency Atrocities Prevention Board, which shall: (1) ensure that atrocities and the risk of atrocities throughout the world are adequately considered and addressed, and (2) oversee the development and execution of policies and tools to enhance the capacity of the United States to prevent and respond to atrocities. The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service Officers in conflict and atrocity prevention. The bill establishes in the Treasury the Complex Crises Fund to enable the U.S. Agency for International Development to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and complex crisis overseas, including potential mass atrocities. | {"src": "billsum_train", "title": "Genocide and Atrocities Prevention Act of 2016"} | 3,136 | 195 | 0.537062 | 1.619313 | 0.740772 | 5.98773 | 18.349693 | 0.957055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canadian Waste Import Ban Act of
2003''.
SEC. 2. CANADIAN MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following:
``SEC. 4011. CANADIAN MUNICIPAL SOLID WASTE.
``(a) Definitions.--In this section:
``(1) Agreement.--The term `Agreement' means--
``(A) the Agreement Concerning the Transboundary
Movement of Hazardous Waste between the United States
and Canada, signed at Ottawa on October 28, 1986 (TIAS
11099) and amended on November 25, 1992; and
``(B) any regulations promulgated to implement and
enforce that Agreement.
``(2) Canadian municipal solid waste.--The term `Canadian
municipal solid waste' means municipal solid waste that is
generated in Canada.
``(3) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
means--
``(i) material discarded for disposal by--
``(I) households (including single
and multifamily residences); and
``(II) public lodgings such as
hotels and motels; and
``(ii) material discarded for disposal that
was generated by commercial, institutional, and
industrial sources, to the extent that the
material--
``(I)(aa) is essentially the same
as material described in clause (i); or
``(bb) is collected and disposed of
with material described in clause (i)
as part of a normal municipal solid
waste collection service; and
``(II) is not subject to regulation
under subtitle C.
``(B) Inclusions.--The term `municipal solid waste'
includes--
``(i) appliances;
``(ii) clothing;
``(iii) consumer product packaging;
``(iv) cosmetics;
``(v) debris resulting from construction,
remodeling, repair, or demolition of a
structure;
``(vi) disposable diapers;
``(vii) food containers made of glass or
metal;
``(viii) food waste;
``(ix) household hazardous waste;
``(x) office supplies;
``(xi) paper; and
``(xii) yard waste.
``(C) Exclusions.--The term `municipal solid waste'
does not include--
``(i) solid waste identified or listed as a
hazardous waste under section 3001, except for
household hazardous waste;
``(ii) solid waste, including contaminated
soil and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604,
9606);
``(II) a response action taken
under a State law with authorities
comparable to the authorities contained
in either of those sections; or
``(III) a corrective action taken
under this Act;
``(iii) recyclable material--
``(I) that has been separated, at
the source of the material, from waste
destined for disposal; or
``(II) that has been managed
separately from waste destined for
disposal, including scrap rubber to be
used as a fuel source;
``(iv) a material or product returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible potential reuse;
``(v) solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility (which facility is in
compliance with applicable State and
local land use and zoning laws and
regulations) or facility unit--
``(aa) that is owned or
operated by the generator of
the waste;
``(bb) that is located on
property owned by the generator
of the waste or a company
with which the generator is affiliated; or
``(cc) the capacity of
which is contractually
dedicated exclusively to a
specific generator;
``(vi) medical waste that is segregated
from or not mixed with solid waste;
``(vii) sewage sludge or residuals from a
sewage treatment plant;
``(viii) combustion ash generated by a
resource recovery facility or municipal
incinerator; or
``(ix) waste from a manufacturing or
processing (including pollution control)
operation that is not essentially the same as
waste normally generated by households.
``(b) Ban on Canadian Municipal Solid Waste.--
``(1) In general.--Except as provided in paragraph (2),
until the date on which the Administrator promulgates
regulations to implement and enforce the Agreement (including
notice and consent provisions of the Agreement), no person may
import into any State, and no solid waste management facility
may accept, Canadian municipal solid waste for the purpose of
disposal or incineration of the Canadian municipal solid waste.
``(2) Election by governor.--The Governor of a State may
elect to opt out of the ban under paragraph (1), and consent to
the importation and acceptance by the State of Canadian
municipal solid waste before the date specified in that
paragraph, if the Governor submits to the Administrator a
notice of that election by the Governor.
``(c) Authority of Administrator.--
``(1) In general.--Beginning immediately after the date of
enactment of this section, the Administrator shall--
``(A) perform the functions of the Designated
Authority of the United States described in the
Agreement with respect to the importation and
exportation of municipal solid waste under the
Agreement; and
``(B) implement and enforce the Agreement
(including notice and consent provisions of the
Agreement).
``(2) Consent to importation.--In considering whether to
consent to the importation of Canadian municipal solid waste
under article 3(c) of the Agreement, the Administrator shall--
``(A) obtain the consent of each State into which
the Canadian municipal solid waste is to be imported;
and
``(B) consider the impact of the importation on
homeland security, public health, and the
environment.''.
(b) Conforming Amendment.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item
relating to section 4010 the following:
``Sec. 4011. Canadian municipal solid waste.''. | Canadian Waste Import Ban Act of 2003 - Amends the Solid Waste Disposal Act to prohibit the importation into any State, and acceptance by a solid waste management facility, of Canadian municipal solid waste for disposal or incineration until the date on which the Administrator of the Environmental Protection Agency (EPA) promulgates regulations to implement and enforce the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada.
Authorizes State Governors to opt out of such prohibition pending promulgation of regulations if notice is submitted to the Administrator.
Requires the Administrator to: (1) perform the functions of the Designated Authority of the United States described in the Agreement with respect to the importation and exportation of municipal solid waste; and (2) implement and enforce the Agreement.
Directs the Administrator, when making importation decisions under the Agreement, to obtain the consent of each State and to consider the impact of importation on homeland security, public health, and the environment. | {"src": "billsum_train", "title": "A bill to amend the Solid Waste Disposal Act to prohibit the importation of Canadian municipal solid waste without State consent."} | 1,498 | 211 | 0.54136 | 1.39041 | 0.80748 | 4.054645 | 7.622951 | 0.907104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Employer-Employee
Cooperation Act of 1997''.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
The Congress declares that the following is the policy of the
United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communications, bilateral
and consensual problem solving, and shared accountability.
Dispute resolution procedures are fair, determinative, simple,
fast and inexpensive, and effectively and swiftly deal with
issues. Labor-management cooperation fully utilizes the
strengths of both parties to best serve the interests of the
public, operating as a team to carry out the public safety
mission in a quality work environment. In many public safety
agencies it is the union that provides the institutional
stability as elected leaders and appointees come and go.
(2) The health and safety of the Nation and the best
interest of public safety employers and employees can be best
protected by the settlement of issues through the processes of
collective bargaining.
(3) The Federal Government shall make available
governmental facilities for conciliation, mediation, and
voluntary arbitration to aid and encourage employers and the
representatives of their employees to reach and maintain
agreements concerning rates of pay, hours, and working
conditions, and to make all reasonable efforts to settle their
differences by mutual agreement reached through collective
bargaining or by such methods as may be provided for in any
applicable agreement for the settlement of disputes.
(4) Certain controversies which arise involving collective
bargaining agreements may be avoided or minimized through
mediations and conciliation.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Director'' means the Director of the Federal
Mediation and Conciliation Service.
(2) The term ``public safety officer'' means an employee of
a public safety agency who is a law enforcement officer, a
firefighter, or emergency medical services personnel. The term
includes an individual who is temporarily transferred to a
supervisory or administrative position, but does not include a
permanent management or supervisory employee.
(3) The term ``firefighter'' means an individual employed
in a fire department who--
(A) primarily performs work directly related to the
control and extinguishment of fires;
(B) is responsible for the maintenance and use of
firefighting apparatus and equipment, fire prevention
and investigation, communications and dispatch; or
(C) provides emergency medical care.
(4) The term ``law enforcement officer'' means a member of
a law enforcement agency serving in a law enforcement position,
which is usually indicated by formal training (regardless of
whether the officer has completed or been assigned to such
training) and usually accompanied by the power to make arrests.
(5) The term ``emergency medical services personnel'' means
an individual who provides out-of-hospital emergency medical
care, including an emergency medical technician, paramedic, or
first responder.
(6) The term ``law enforcement agency'' means a State or
local public agency that is charged by law with the duty to
prevent or investigate crimes or apprehend or hold in custody
persons charged with or convicted of crimes.
(7) The term ``management or supervisory employee''
includes any public safety personnel exempted from the
provisions of chapter 8 of title 29, United States Code.
(8) The terms ``employer'' and ``public safety employer''
mean any State, political subdivision of a State, the District
of Columbia, or any territory or possession of the United States.
SEC. 4. RIGHT OF PUBLIC SAFETY OFFICERS TO ORGANIZE AND BARGAIN
COLLECTIVELY.
(a) Minimum Procedures.--To be exempt from the requirements of
section 5, a State shall--
(1) grant public safety employees the right to form and
join a labor organization which does not include management and
supervisory employees and which is, or seeks to be, recognized
as the exclusive bargaining agent of such employees;
(2) require public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), agree to bargain with the labor organization,
and to commit any agreements to writing in a contract or
memorandum of understanding;
(3) allow bargaining over hours, wages, terms, and
conditions of employment;
(4) prohibit bargaining over issues which are inherent
management functions;
(5) protect all existing collective bargaining agreements,
memoranda of understanding, certifications, recognitions, and
elections;
(6) require fact finding in the event of an interest
impasse;
(7) allow the parties voluntarily to agree to submit
disagreements to arbitration;
(8) require enforcement through State courts of all rights,
responsibilities, and protections provided in this section and
of any written contract or memorandum of understanding; and
(9) prohibit strikes and lockouts.
(b) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Federal Mediation
and Conciliation Service shall issue a determination as to
whether a State meets the requirements of subsection (a).
(2) Subsequent determinations.--After the expiration of the
180-day period referred to in paragraph (1), an employer or
labor organization may request the Director of the Federal
Mediation and Conciliation Service to determine whether the
State meets the requirements of subsection (a). The Director
shall issue such a determination not later than 30 days after
written receipt of such a request.
(3) Failure to meet requirements.--A State that does not
meet or exceed the requirements of subsection (a) shall be
subject to the regulations and procedures described in section
5.
SEC. 5. FEDERAL MEDIATION AND CONCILIATION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Director of the Federal Mediation and
Conciliation Service shall issue regulations establishing collective
bargaining procedures for public safety employers and employees in
States that are not granted an exemption under section 4.
(b) Role of FMCS.--The regulations described in subsection (a)
shall incorporate the rights and responsibilities in section 4(a), and
shall use the services of the Federal Mediation and Conciliation
Service. The Federal Mediation and Conciliation Service shall have the
same authority as a State Labor Relations Board, or in a case where no
such Board exists, the National Labor Relations Board, for public
safety employers and employees covered under this Act.
(c) Enforcement.--A public safety employer, employee, and labor
organization each shall have the right to seek enforcement of this
section through appropriate State courts.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
A public safety employer, employee, or labor organization may not
engage in lockouts or strikes.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
A certification, recognition, election-held, collective bargaining
agreement or memorandum of understanding which has been issued,
approved, or ratified by any public employee relations board or
commission or by any State or political subdivision or its agents
(management officials) in effect on the day before the date of
enactment of this Act shall not be invalidated by enactment of this
Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | Public Safety Employer-Employee Cooperation Act of 1997 - Provides collective bargaining rights for public safety officers employed by States or local governments.
Requires States to grant public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees. Specifies related requirements for public safety employers.
Requires the Director the Federal Mediation and Conciliation Service (FMCS) to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that fail to comply with the requirements of this Act. Gives the FMCS the same authority as a State Labor Relations Board (or of the National Labor Relations Board where no such State Board exists) for public safety employers and employees covered by this Act. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such regulations through appropriate State courts.
Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes.
Provides that existing collective bargaining units and agreements shall not be invalidated by this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Public Safety Employer-Employee Cooperation Act of 1997"} | 1,633 | 258 | 0.537143 | 1.632276 | 0.89295 | 4.16895 | 6.958904 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Dependents Education Act of
1993''.
SEC. 2. FUNDING RESPONSIBILITY FOR MILITARY CONNECTED CHILDREN.
Title I of the Act of September 30, 1950 (Public Law 874, Eighty-
first Congress) is amended by adding at the end the following new
section:
``funding responsibility for military connected children
``Sec. 8. (a) Computation of Amount.--
``(1) In general.--For the purpose of computing the amount
which a local educational agency is entitled to receive under
section 2, 3 or 4 for military connected children in each
fiscal year, the Secretary shall determine, for each local
educational agency receiving assistance under this Act, the
number of children referred to in--
``(A) section 3(a) who reside on a military
installation;
``(B) section 3(b)(1) who reside on a military
installation;
``(C) section 3(b)(2) who have a parent employed on
a military installation; and
``(D) section 3(b)(3).
``(2) Total amount of payments.--The Secretary shall
determine the total amount of payments all local educational
agencies are entitled to receive under section 2, 3 or 4 for
military connected children in each fiscal year.
``(b) Transfer of Funds.--From any amounts available to the
Secretary of Defense, the Secretary of Defense shall transfer to the
Secretary of Education in each fiscal year the total amount of funds
necessary for the Secretary of Education to make all of the payments
described in subsection (a)(2) for such fiscal year.
``(c) Special Rules.--Notwithstanding any other provision of law,
funds made available by the Secretary of Defense to the Secretary of
Education for military connected children pursuant to subsection (b)
shall be--
``(1) the only funds used to make payments under section 2,
3 or 4 to local educational agencies for military connected
children; and
``(2) distributed to such local educational agencies in
accordance with the provisions of this Act which are not
inconsistent with--
``(A) the provisions of this section; and
``(B) shifting only the funding responsibility for
such military connected children from the Department of
Education to the Department of Defense.
``(d) Definitions.--For the purpose of this section--
``(1) the term `military connected children' means the
children described in subparagraphs (A) through (D) of
subsection (a)(1); and
``(2) the term `military installation' has the same meaning
given to such term in section 2801(c) of title 10, United
States Code.''.
SEC. 3. MILITARY CONNECTED CHILDREN WITH DISABILITIES.
Subparagraph (C) of section 3(d)(2) of the Act of September 30,
1950 (Public Law 874, Eighty-first Congress) is amended--
(1) by redesignating clauses (ii), (iii) and (iv) as
clauses (iii), (iv) and (v), respectively;
(2) in clause (i), by striking ``and children with specific
learning disabilities for whom a determination is made under
subsection (a)(2) or (b)(3)'';
(3) by inserting after clause (i) the following new clause:
``(ii)(I) The amount of an entitlement of any local
educational agency under this section for any fiscal year with
respect to military connected children with disabilities and
for whom such local educational agency is providing a program
designed to meet the special and related needs of such children
shall be--
``(aa) in the case of any local educational agency
with respect to which the number of such children is
determined under subsection (a), an amount equal to 100
percent of the average per pupil expenditure in the
State or such expenditure in the United States,
whichever is greater, multiplied by the number of such
children determined under such subsection plus the
product obtained with respect to such agency under
division (bb); and
``(bb) in any other case, an amount equal to 25
percent of the average per pupil expenditure in the
State or such expenditure in the United States,
whichever is greater, multiplied by the number of such
children determined with respect to such agency for
such fiscal year under subsection (b).
``(II) For the purpose of this clause, the term `military
connected children with disabilities' means individuals who
are--
``(aa) military connected children as such term is
defined in section 8(d)(1); and
``(bb) children with disabilities.'';
(4) in clause (iii) (as redesignated in paragraph (1)), by
striking ``division (iii)'' and inserting ``division (iv)'';
and
(5) by amending clause (v) (as redesignated in paragraph
(1)) to read as follows:
``(v) For the purpose of this subparagraph the term
`children with disabilities' means--
``(I) children with disabilities as such
term is defined in section 602(1) of the
Individuals with Disabilities Education Act;
and
``(II) children with specific learning
disabilities as such term is defined in section
602(15) of such Act.''. | Military Dependents Education Act of 1993 - Amends Federal law for impact aid to local educational agencies to shift funding responsibility for militarily connected children (including those with disabilities) from the Department of Education to the Department of Defense. | {"src": "billsum_train", "title": "Military Dependents Education Act of 1993"} | 1,181 | 49 | 0.55129 | 1.236956 | 1.191482 | 3.095238 | 26.595238 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Abuse Insurance
Protection Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Abuse.--The term ``abuse'' means the occurrence of one
or more of the following acts by a current or former household
or family member, intimate partner, or caretaker:
(A) Attempting to cause or causing another person
bodily injury, physical harm, substantial emotional
distress, psychological trauma, rape, sexual assault,
or involuntary sexual intercourse.
(B) Engaging in a course of conduct or repeatedly
committing acts toward another person, including
following the person without proper authority and under
circumstances that place the person in reasonable fear
of bodily injury or physical harm.
(C) Subjecting another person to false imprisonment
or kidnapping.
(D) Attempting to cause or causing damage to
property so as to intimidate or attempt to control the
behavior of another person.
(2) Abuse-related medical condition.--The term ``abuse-
related medical condition'' means a medical condition which
arises in whole or in part out of an action or pattern of
abuse.
(3) Abuse status.--The term ``abuse status'' means the fact
or perception that a person is, has been, or may be a subject
of abuse, irrespective of whether the person has sustained
abuse-related medical conditions or has incurred abuse-related
claims.
(4) Health benefit plan.--The term ``health benefit plan''
means any public or private entity or program that provides for
payments for health care, including--
(A) a group health plan (as defined in section 607
of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1167)) or a multiple employer welfare
arrangement (as defined in section 3(40) of such Act
(29 U.S.C. 1102(40)) that provides health benefits;
(B) any other health insurance arrangement,
including any arrangement consisting of a hospital or
medical expense incurred policy or certificate,
hospital or medical service plan contract, or health
maintenance organization subscriber contract;
(C) workers' compensation or similar insurance to
the extent that it relates to workers' compensation
medical benefits (as defined by the Federal Trade
Commission); and
(D) automobile medical insurance to the extent that
it relates to medical benefits (as defined by the
Federal Trade Commission).
(5) Health carrier.--The term ``health carrier'' means a
person that contracts or offers to contract on a risk-assuming
basis to provide, deliver, arrange for, pay for or reimburse
any of the cost of health care services, including a sickness
and accident insurance company, a health maintenance
organization, a nonprofit hospital and health service
corporation or any other entity providing a plan of health
insurance, health benefits or health services.
(6) Insured.--The term ``insured'' means a party named on a
policy, certificate, or health benefit plan, including an
individual, corporation, partnership, association,
unincorporated organization or any similar entity, as the
person with legal rights to the benefits provided by the
policy, certificate, or health benefit plan. For group
insurance, such term includes a person who is a beneficiary
covered by a group policy, certificate, or health benefit plan.
For life insurance, the term refers to the person whose life is
covered under an insurance policy.
(7) Insurer.--The term ``insurer'' means any person,
reciprocal exchange, interinsurer, Lloyds insurer, fraternal
benefit society, or other legal entity engaged in the business
of insurance, including agents, brokers, adjusters, and third
party administrators. The term also includes health carriers,
health benefit plans, and life, disability, and property and
casualty insurers.
(8) Policy.--The term ``policy'' means a contract of
insurance, certificate, indemnity, suretyship, or annuity
issued, proposed for issuance or intended for issuance by an
insurer, including endorsements or riders to an insurance
policy or contract.
(9) Subject of abuse.--The term ``subject of abuse'' means
a person against whom an act of abuse has been directed, a
person who has prior or current injuries, illnesses, or
disorders that resulted from abuse, or a person who seeks, may
have sought, or had reason to seek medical or psychological
treatment for abuse, protection, court-ordered protection, or
shelter from abuse.
SEC. 3. DISCRIMINATORY ACTS PROHIBITED.
(a) In General.--No insurer or health carrier may, directly or
indirectly, engage in any of the following acts or practices on the
basis that the applicant or insured, or any person employed by the
applicant or insured or with whom the applicant or insured is known to
have a relationship or association, is, has been, or may be the subject
of abuse:
(1) Denying, refusing to issue, renew or reissue, or
canceling or otherwise terminating an insurance policy or
health benefit plan.
(2) Restricting, excluding, or limiting insurance or health
benefit plan coverage for losses incurred as a result of abuse
or denying a claim incurred by an insured as a result of abuse,
except as otherwise permitted or required by State laws
relating to life insurance beneficiaries.
(3) Adding a premium differential to any insurance policy
or health benefit plan.
(4) Terminating health coverage for a subject of abuse
because coverage was originally issued in the name of the
abuser and the abuser has divorced, separated from, or lost
custody of the subject of abuse or the abuser's coverage has
terminated voluntarily or involuntarily and the subject of
abuse does not qualify for extension of coverage under part 6
of subtitle B of title I or the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1161 et seq.) or 4980B of the
Internal Revenue Code of 1986. Nothing in this paragraph
prohibits the insurer from requiring the subject of abuse to
pay the full premium for the subject's coverage under the
health plan if the requirements are applied to all insureds of
the health carrier. The insurer may terminate group coverage
after the continuation coverage required by this paragraph has
been in force for 18 months if it offers conversion to an
equivalent individual plan. The continuation of health coverage
required by this paragraph shall be satisfied by any extension
of coverage under part 6 of subtitle B of title I or the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161
et seq.) or 4980B of the Internal Revenue Code of 1986 provided
to a subject of abuse and is not intended to be in addition to
any extension of coverage provided under part 6 of subtitle B
of title I or the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1161 et seq.) or 4980B of the Internal Revenue
Code of 1986.
(b) Use of Information.--
(1) In general.--No person employed by or contracting with
an insurer or health benefit plan may use, disclose, or
transfer information relating to an applicant's or insured's
abuse status or abuse-related medical condition or the
applicant's or insured's status as a family member, employer,
or associate, person in a relationship with a subject of abuse
for any purpose unrelated to the direct provision of health care
services unless such use, disclosure, or transfer is required by an
order of an entity with authority to regulate insurance or an order of
a court of competent jurisdiction. In addition, such a person may not
disclose or transfer information relating to an applicant's or
insured's location or telephone number. Nothing in this paragraph shall
be construed as limiting or precluding a subject of abuse from
obtaining the subject's own insurance records from an insurer.
(2) Authority of subject of abuse.--A subject of abuse, at
the absolute discretion of the subject of abuse, may provide
evidence of abuse to an insurer for the limited purpose of
facilitating treatment of an abuse-related condition or
demonstrating that a condition is abuse-related. Nothing in
this paragraph shall be construed as authorizing an insurer or
health carrier to disregard such provided evidence.
SEC. 4. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.
Insurers shall develop and adhere to written policies specifying
procedures to be followed by employees, contractors, producers, agents
and brokers for the purpose of protecting the safety and privacy of a
subject of abuse and otherwise implementing the provisions of this Act
when taking an application, investigating a claim, or taking any other
action relating to a policy or claim involving a subject of abuse.
SEC. 5. REASONS FOR ADVERSE ACTIONS.
An insurer that takes an action that adversely affects a subject of
abuse, shall advise the subject of abuse applicant or insured of the
specific reasons for the action in writing. Reference to general
underwriting practices or guidelines does not constitute a specific
reason.
SEC. 6. LIFE INSURANCE.
Nothing in this Act shall be construed to prohibit a life insurer
from declining to issue a life insurance policy if the applicant or
prospective owner of the policy is or would be designated as a
beneficiary of the policy, and if--
(1) the applicant or prospective owner of the policy lacks
an insurable interest in the insured; or
(2) the applicant or prospective owner of the policy is
known, on the basis of police or court records, to have
committed an act of abuse against the proposed insured.
SEC. 7. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from abuse is prohibited without
the informed consent of the subject of abuse.
SEC. 8. ENFORCEMENT.
(a) Federal Trade Commission.--The Federal Trade Commission shall
have the power to examine and investigate any insurer to determine
whether such insurer has been or is engaged in any act or practice
prohibited by this Act. If the Federal Trade Commission determines an
insurer has been or is engaged in any act or practice prohibited by
this Act, the Commission may take action against such insurer by the
issuance of a cease and desist order as if the insurer was in violation
of section 5 of the Federal Trade Commission Act. Such cease and desist
order may include any individual relief warranted under the
circumstances, including temporary, preliminary, and permanent
injunctive and compensatory relief.
(b) Private Cause of Action.--An applicant or insured who believes
that the applicant or insured has been adversely affected by an act or
practice of an insurer in violation of this Act may maintain an action
against the insurer in a Federal or State court of original
jurisdiction. Upon proof of such conduct by a preponderance of the
evidence, the court may award appropriate relief, including temporary,
preliminary, and permanent injunctive relief and compensatory and
punitive damages, as well as the costs of suit and reasonable fees for
the aggrieved individual's attorneys and expert witnesses. With respect
to compensatory damages, the aggrieved individual may elect, at any
time prior to the rendering of final judgment, to recover in lieu of
actual damages, an award of statutory damages in the amount of $5,000
for each violation.
SEC. 9. EFFECTIVE DATE.
This Act shall apply with respect to any action taken on or after
the date of the enactment of this Act, except that section 4 shall only
apply to actions taken after the expiration of 60 days after such date. | Victims of Abuse Insurance Protection Act - Prohibits insurers and health carriers from engaging in specified acts (such as denying, terminating, or limiting coverage) on the basis that the applicant or insured (or any person with whom the applicant or insured is associated) is, has been, or may be the subject of abuse involving a current or former household or family member, intimate partner, or caretaker. Prohibits insurers from using, disclosing, or transferring information about an applicant's or insured's abuse status or abuse-related medical condition for any purpose unrelated to the direct provision of health care unless required by an order of an insurance regulatory entity or a court order. Prohibits disclosure or transfer of an applicant's or insured's location or telephone number.
Requires insurers to develop and follow written procedures to protect the safety and privacy of an abuse subject.
Requires an insurer that takes any adverse action regarding an abuse subject to advise the individual of the specific reasons for the action.
Prohibits subrogation of claims resulting from abuse without the consent of the abuse subject.
Empowers the Federal Trade Commission to examine and investigate any insurer regarding compliance with this Act. Provides for a private cause of action against an insurer in Federal or State court by an abuse subject applicant or insured claiming to be adversely affected by an act or practice of the insurer. | {"src": "billsum_train", "title": "Victims of Abuse Insurance Protection Act"} | 2,532 | 307 | 0.512087 | 1.58031 | 0.786254 | 3.812977 | 8.896947 | 0.927481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Cybersecurity Workforce
Assessment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives; and
(C) the Committee on House Administration of the
House of Representatives.
(2) Cybersecurity work category; data element code;
specialty area.--The terms ``Cybersecurity Work Category'',
``Data Element Code'', and ``Specialty Area'' have the meanings
given such terms in the Office of Personnel Management's Guide
to Data Standards.
(3) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE.
(a) In General.--The head of each Federal agency shall--
(1) identify all cybersecurity workforce positions within
the agency;
(2) determine the primary Cybersecurity Work Category and
Specialty Area of such positions; and
(3) assign the corresponding Data Element Code, as set
forth in the Office of Personnel Management's Guide to Data
Standards which is aligned with the National Initiative for
Cybersecurity Education's National Cybersecurity Workforce
Framework report, in accordance with subsection (b).
(b) Employment Codes.--
(1) Procedures.--Not later than 90 days after the date of
the enactment of this Act, the head of each Federal agency
shall establish procedures--
(A) to identify open positions that include
cybersecurity functions (as defined in the OPM Guide to
Data Standards); and
(B) to assign the appropriate employment code to
each such position, using agreed standards and
definitions.
(2) Code assignments.--Not later than 9 months after the
date of the enactment of this Act, the head of each Federal
agency shall assign the appropriate employment code to--
(A) each employee within the agency who carries out
cybersecurity functions; and
(B) each open position within the agency that has
been identified as having cybersecurity functions.
(c) Progress Report.--Not later than 1 year after the date of the
enactment of this Act, the Director shall submit a progress report on
the implementation of this section to the appropriate congressional
committees.
SEC. 4. IDENTIFICATION OF CYBERSECURITY WORK CATEGORY AND SPECIALTY
AREAS OF CRITICAL NEED.
(a) In General.--Beginning not later than 1 year after the date on
which the employment codes are assigned to employees pursuant to
section 3(b)(2), and annually through 2021, the head of each Federal
agency, in consultation with the Director and the Secretary, shall--
(1) identify Cybersecurity Work Categories and Specialty
Areas of critical need in the agency's cybersecurity workforce;
and
(2) submit a report to the Director that--
(A) describes the Cybersecurity Work Categories and
Specialty Areas identified under paragraph (1); and
(B) substantiates the critical need designations.
(b) Guidance.--The Director shall provide Federal agencies with
timely guidance for identifying Cybersecurity Work Categories and
Specialty Areas of critical need, including--
(1) current Cybersecurity Work Categories and Specialty
Areas with acute skill shortages; and
(2) Cybersecurity Work Categories and Specialty Areas with
emerging skill shortages.
(c) Cybersecurity Critical Needs Report.--Not later than 18 months
after the date of the enactment of this Act, the Director, in
consultation with the Secretary, shall--
(1) identify Specialty Areas of critical need for
cybersecurity workforce across all Federal agencies; and
(2) submit a progress report on the implementation of this
section to the appropriate congressional committees.
SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS.
The Comptroller General of the United States shall--
(1) analyze and monitor the implementation of sections 3
and 4; and
(2) not later than 3 years after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees that describes the status of such implementation. | Federal Cybersecurity Workforce Assessment Act - Requires the head of each federal agency to identify cybersecurity workforce positions within the agency, determine the primary Cybersecurity Work Category and Specialty Area (CWCSA) of such positions, and assign the corresponding Data Element Code. Directs each agency head to establish procedures to: (1) identify open positions that include cybersecurity functions, and (2) assign the appropriate employment code to each such position and to each agency employee who carries out cybersecurity functions. Directs each agency head, beginning not later than one year after such employment codes are assigned and annually through 2021, to submit a report to the Director of the Office of Personnel Management (OPM) that identifies the CWCSAs of critical need in the agency's cybersecurity workforce and substantiates the critical need designations. Requires the Director to: (1) provide agencies with timely guidance for identifying CWCSAs of critical need, including current categories and areas with acute skill shortages and with emerging skill shortages; and (2) identify Specialty Areas of critical need for the cybersecurity workforce across all federal agencies. Directs the Comptroller General (GAO) to analyze, monitor, and report on this Act's implementation. | {"src": "billsum_train", "title": "Federal Cybersecurity Workforce Assessment Act"} | 984 | 262 | 0.722593 | 2.042695 | 0.974887 | 3.427928 | 3.86036 | 0.932432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children and Family HIV/AIDS
Research and Care Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) More than 2,000 children worldwide are infected with
HIV each day, the vast majority through mother to child
transmission.
(2) More than 3,700 children and youth in the United States
under the age of 13 are living with HIV and AIDS.
(3) Young people ages 15 through 24 represent 50 percent of
all new HIV infections worldwide.
(4) Each day more than 6,000 youth become infected with
HIV.
(5) Of the more than 40,000 Americans newly infected with
HIV every year, half are among people under 25 years old.
(6) Women account for more than a quarter of all new HIV
infections in the United States and young women represent 58
percent of new HIV cases among people ages 13 to 19.
(7) Title IV of the Ryan White Comprehensive AIDS Resources
Emergency Act of 1990 (Public Law 101-381) is a successful
model of family-centered, coordinated health care and
supportive services for women, children, youth and families.
(8) Most programs under title IV of the Ryan White
Comprehensive AIDS Resources Emergency Act of 1990 are the
principal source of medical care for HIV-positive children,
youth, and pregnant women in their geographic area.
(9) Children and youth living with HIV and AIDS have unique
needs for specialized services in medical care and psychosocial
support.
(10) Title IV of the Ryan White Comprehensive AIDS
Resources Emergency Act of 1990, including its Adolescent
Initiative, is the leading national effort to link HIV-positive
youth to comprehensive medical care and support services.
(11) Each year more than 53,000 women, children, and youth
receive services funded under title IV of the Ryan White
Comprehensive AIDS Resources Emergency Act of 1990.
(12) With no preventive intervention, an HIV-positive
pregnant woman has a 25 percent chance of passing on the virus
to her baby. With optimal care, including preventive drug
interventions, the rate of mother-to-child transmission of HIV
drops to 1 to 2 percent.
(13) Services provided by programs funded under title IV of
the Ryan White Comprehensive AIDS Resources Emergency Act of
1990 have been essential in reducing the number of mother-to-
child HIV infections in the United States from approximately
2,000 to fewer than 300 per year.
(14) The Institute of Medicine recommends routine,
voluntary HIV testing of pregnant women as a means to
increasing the proportion of women tested and, ultimately,
reducing mother-to-child transmission of HIV.
(15) The Centers for Disease Control and Prevention also
recommends a routine, voluntary approach to HIV testing of
pregnant women as an effective means to reduce mother-to-child
transmission of HIV.
(16) Experts believe that vaccines to prevent HIV infection
offer the best hope of controlling the global pandemic.
However, some of the populations hardest hit by the disease
(infants, preadolescents, and adolescents) are at risk of being
left behind in the search for an effective vaccine against the
virus.
(17) To date, the vast majority of HIV vaccine trials have
not included pediatric populations. Of the 110 trials that have
been completed, only two of them included these populations. Of
the 40 trials that are currently being conducted, only one
involves pediatric populations.
(18) Because we cannot assume that a vaccine tested in
adults will also be safe and effective when used in pediatric
populations, it will be important to ensure that promising
vaccines are tested in all relevant pediatric populations as
early as is medically and ethically appropriate.
SEC. 3. ENSURING FAMILY-CENTERED, COORDINATED CARE FOR CHILDREN AND
FAMILIES OF HIV/AIDS.
Section 2671 of the Public Health Service Act (42 U.S.C. 300ff-71)
is amended--
(1) in subsection (d)(1), by striking ``for'' and inserting
``coordinated, family-centered care, including''; and
(2) in subsection (k), by striking ``1996 through 2000''
and inserting ``2005 through 2010''.
SEC. 4. EXPANDING CARE FOR YOUTH.
Section 2671(a) of the Public Health Service Act (42 U.S.C. 300ff-
71(a)) is amended by adding at the end thereof the following:
``(3) In the case of youth with HIV, providing health care
and other supportive services designed to recruit and retain
youth in care. For purposes of this paragraph, the term `youth
with HIV' means individuals ages 13 through 24 infected through
all modes of transmission including mother-to-child.''.
SEC. 5. ENSURING ADEQUATE RESOURCES FOR CHILDREN AND FAMILIES.
(a) Women, Infants, Children, and Youth Provisions.--
(1) Emergency relief.--Section 2604(b)(4) of the Public
Health Service Act (42 U.S.C. 300ff-14(b)(4)) is amended by
adding at the end the following:
``(C) Data.--In determining the amount of funds to
use for services under subparagraph (A), the chief
elected official of the eligible area involved shall
use HIV case data (rather than AIDS case data) as soon
as the use of such data is adopted for purposes of
allocating any other funding authorized under this
title.''.
(2) General grants.--Section 2611(b) of the Public Health
Service Act (42 U.S.C. 300ff-21(b)) is amended by adding at the
end the following:
``(3) Data.--In determining the amount of funds to use for
services under paragraph (1), the State involved shall use HIV
case data (rather than AIDS case data) as soon as the use of
such data is adopted for purposes of allocating any other
funding authorized under this title.
``(4) Report.--Not later than October 1, 2007, the
Secretary shall submit to the appropriate committees of
Congress a report on--
``(A) the status of HIV case data implementation in
relation to the allocation of funds under this
subsection and under section 2604(b)(4); and
``(B) if such data is being used for allocating
resources under this title, the impact of the
transition from AIDS case data to HIV case data on the
resources directed to women, infants, children and
youth under this subsection and under section
2604(b)(4).''.
(b) CDC Guidelines for Pregnant Women.--Section 2625 of the Public
Health Service Act (42 U.S.C. 300ff-33) is amended by adding at the end
the following:
``(d) Demonstration Grants.--
``(1) In general.--The Secretary shall award demonstration
grants to public and nonprofit private entities to enable such
entities to conduct assessments of the effectiveness of each of
the following strategies in reducing the mother-to-child
transmission of HIV:
``(A) Increasing the routine, voluntary HIV testing
of pregnant women, including rapid testing at the time
of labor for women whose HIV status is unknown.
``(B) Increasing access to prenatal care for HIV-
positive pregnant women and providing intensive case
management and support services for HIV-positive
pregnant women.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to entities that serve
pregnant women in areas where mother-to-child HIV transmission
persists.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $10,000,000
for fiscal year 2005, and such sums as may be necessary for
each of fiscal years 2006 through 2010.''.
SEC. 6. ENSURING ACCESS TO RESEARCH FOR INFANTS, CHILDREN, AND YOUTH.
(a) In General.--Part D of title XXVI of the Public Health Service
Act is amended by inserting after section 2673 (42 U.S.C. 300ff-73) the
following:
``SEC. 2673A. PEDIATRIC HIV VACCINE TESTING.
``(a) In General.--Not later than 120 days after the date of
enactment of the Children and Family HIV/AIDS Research and Care Act of
2004, the Director of the National Institutes of Health, acting through
the Director of the Office of AIDS Research and in collaboration with
the Secretary of Defense, relevant institutes and centers of the
National Institutes of Health, and other federally funded HIV vaccine
research programs, shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives, a report on the status of
activities under the most recent plan of the National Institutes of
Health for HIV-related research related to the testing of potential HIV
vaccine candidates in relevant pediatric populations.
``(b) Requirements.--The report submitted under subsection (a)
shall include--
``(1) plans for expanding existing capacity for HIV vaccine
candidate testing in relevant pediatric populations across all
institutes, centers, and clinical trials networks of the
National Institutes of Health, and other federally funded HIV
vaccine research programs;
``(2) plans for increasing coordination across relevant
institutes and centers of the National Institutes of Health,
other federally funded HIV vaccine research programs, the Food
and Drug Administration, the Centers for Disease Control and
Prevention, and the Partnership for AIDS Vaccine Evaluation, in
advancing pediatric HIV vaccine testing and for identifying
opportunities for collaboration with activities under the
authority of the Office of the Global HIV/AIDS Coordinator;
``(3) appropriate principles for initiating HIV vaccine
testing in relevant pediatric populations, including
recommendations for sequencing the enrollment of adults and
relevant pediatric populations and for addressing issues
related to human subjects protections for children involved in
clinical research; and
``(4) proposed community education efforts in support of
the inclusion of relevant pediatric populations in HIV vaccine
clinical trials.
``(c) Guidance.--Not later than 120 days after the date of
enactment of the Children and Family HIV/AIDS Research and Care Act of
2004, the Commissioner of Food and Drugs, in consultation with
appropriate public and private entities, shall issue guidance on--
``(1) the minimum requirements for obtaining approval of
the Food and Drug Administration to test an HIV vaccine in
pediatric populations; and
``(2) the minimum requirements for obtaining Food and Drug
Administration approval of a pediatric indication of an HIV
vaccine.
``(d) Commitment to Additional Research.--The Director of the
National Institutes of Health shall invest in domestic and
international research on the following:
``(1) The long-term health effects of preventive drug
regimens on HIV-exposed pediatric populations.
``(2) The long-term health, psycho-social, and prevention
needs for pediatric populations perinatally HIV-infected.
``(3) The transition to adulthood for HIV-infected
pediatric populations.
``(4) Safer and more effective treatment options for
pediatric populations with HIV disease.
``(e) Pediatric Populations.--In this section, the term `pediatric
populations' includes neonate, infants, children, and adolescents, and
the term `relevant pediatric populations' means pediatric populations
at risk of HIV infection, including infants, preadolescents, and
adolescents.''.
(b) Coordinated Services.--Section 2671(b)(1)(C) of the Public
Health Service Act (42 U.S.C. 300ff-71(b)(1)(C)) is amended by
inserting ``including HIV vaccine research'' after ``linkages to
research''. | Children and Family HIV/AIDS Research and Care Act of 2004 - Amends the Public Health Service Act to require that recipients of certain grants related to human immunodeficiency virus (HIV) research and services for women, infants, and children agree to provide coordinated, family-centered care. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants to provide health care and other supportive services to youth with HIV designed to recruit and retain youth in care.
Requires that chief elected officials in eligible areas and States allocate certain grant funds using HIV case data rather than acquired immune deficiency syndrome (AIDS) case data as soon as such data is adopted for other allocation purposes. Requires the Secretary to report on the status of using such HIV case data and the impact of this transition on the resources directed to women, infants, children and youth.
Requires the Secretary to award demonstration grants to public and nonprofit private entities to conduct assessments of the effectiveness of certain strategies in reducing the mother-to-child transmission of HIV.
Requires the Director of NIH, acting through the Director of the Office of AIDS Research, to report on activities related to the testing of potential HIV vaccine candidates in relevant pediatric populations.
Requires the Commission of Food and Drugs to issue guidance on the minimum requirements for obtaining Food and Drug Administration (FDA) approval to test an HIV vaccine in pediatric populations and for a pediatric indication of an HIV vaccine.
Requires the Director of NIH to invest in domestic and international research on specified topics related to HIV and pediatric populations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to reauthorize and extend certain programs to provide coordinated services and research with respect to children and families with HIV/AIDS."} | 2,536 | 354 | 0.49007 | 1.533504 | 0.676477 | 3.719745 | 7.538217 | 0.89172 |
SECTION 1. CERTAIN PRODUCTS.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new headings:
`` 9902.01.00 Trisubstituted Free No change No change On or before 12/ ...
oxazolidinone 31/2011.......
(CAS No. 860399-
11-7) (provided
for in subheading
2934.99.20)......
9902.01.00 Trisubstituted Free No change No change On or before 12/ ...
oxazolidinone 31/2011.......
(CAS No. 854602-
01-0) (provided
for in subheading
2934.99.20)......
9902.01.00 Naphtho[1,2- Free No change No change On or before 12/ ...
d]thiazolium, 2- 31/2011.......
[[5-chloro-3-(3-
sulfopropyl)-
2(3H)-
benzothiazolylide
ne]methyl]-1-(3-
sulfopropyl)-,
inner salt,
compd. with N,N-
diethylethanamine
(1:1) (CAS No.
102731-88-4)
(provided for in
subheading
2934.99.20)......
9902.01.00 Benzothiazolium, 2- Free No change No change On or before 12/ ...
[[3-[(3,6- 31/2011.......
dimethyl-2(3H)-
benzothiazolylide
ne)methyl]-5-
phenyl-2-
cyclohexen-1-
ylidene]methyl]-
3,6-dimethyl-,
salt with 4-
ethylbenzenesulfo
nic acid (1:1)
(CAS No. 160911-
24-0) (provided
for in subheading
2934.99.20)......
9902.01.00 Benzoxazolium, 5- Free No change No change On or before 12/ ...
chloro-2-[2-[[5- 31/2011.......
phenyl-3-(2-
sulfoethyl)-2(3H)-
benzoxazolylidene
] methyl]-1-
butenyl]-3-(3-
sulfopropyl)-,
inner salt,
compound with N,N-
diethylethanamine
(1:1) (CAS No.
106518-55-2)
(provided for in
subheading
2934.99.20)......
9902.01.00 Copoly[N-(4- Free No change No change On or before 12/ ...
sulfamoylphenyl) 31/2011.......
methacrylamide/
methylmethacrylat
e/acrylonitrile
(CAS No. 141634-
00-6) (provided
for in subheading
3906.90.50)......
9902.01.00 3-Pyrazolidinone, Free No change No change On or before 12/ ...
4-hexadecyl-1- 31/2011.......
phenyl (CAS No.
202483-63-4)
(provided for in
subheading
2933.19.90)......
9902.01.00 Poly[(ally 2- Free No change No change On or before 12/ ''.
methyl-2- 31/2011.......
propenoate)-co-
(cyclohexyl2-
hydroxymethyl-2-
propenoate)-co-(2-
propenoic acid)]
(CAS No. 860399-
10-6) (provided
for in subheading
3208.90.00)......
(b) Effective Date.--The amendment made by subsection (a) applies
to articles entered, or withdrawn from warehouse for consumption, on or
after the 15th day after the date of the enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain products. | {"src": "billsum_train", "title": "To suspend temporarily the duty on certain products."} | 902 | 23 | 0.34009 | 0.877235 | -0.363991 | 2.888889 | 31.777778 | 0.777778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Gang Violence Act''.
SEC. 2. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS GANG
MEMBER.
(a) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend chapter 3 of the Federal
Sentencing Guidelines so that, except with respect to
trafficking in cocaine base, if a defendant was a member of a
criminal street gang at the time of the offense, the offense
level is increased by 6 levels.
(2) Construction with other guidelines.--The amendment made
pursuant to paragraph (1) shall provide that the increase in
the offense level shall be in addition to any other adjustment
under chapter 3 of the Federal Sentencing Guidelines.
(3) Definition.--For purposes of this section, the term
``criminal street gang'' has the meaning given that term in
section 521(a) of title 18, United States Code, as amended by
section 3 of this Act.
SEC. 3. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS.
Section 521 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Definitions.--'' and
inserting ``(a) Definitions.--For purposes of this
section the following definitions shall apply:'';
(B) by striking ```conviction''' and inserting the
following:
``(1) Conviction.--The term `conviction''';
(C) in paragraph (1), as so designated, by striking
``violent or controlled substances felony'' and
inserting ``predicate gang crime''; and
(D) by striking ```criminal street gang''' and all
that follows through the end of the subsection and
inserting the following:
``(2) Criminal street gang.--The term `criminal street
gang' means an ongoing group, club, organization, or
association of 3 or more persons, whether formal or informal--
``(A) a primary activity of which is the commission
of 1 or more predicate gang crimes;
``(B) the members of which engage, or have engaged
during the 5-year period preceding the date in
question, in a pattern of criminal activity involving 1
or more predicate gang crimes; and
``(C) the activities of which affect interstate or
foreign commerce.
``(3) Pattern of criminal activity.--The term `pattern of
criminal activity' means the commission of 2 or more predicate
gang crimes--
``(A) at least 1 of which was committed after the
date of enactment of the Federal Gang Violence Act;
``(B) the last of which was committed not later
than 3 years after the commission of another predicate
gang crime; and
``(C) which were committed on separate occasions.
``(4) Predicate gang crime.--The term `predicate gang
crime' means--
``(A) an offense described in subsection (c);
``(B) a State offense--
``(i) involving a controlled substance (as
defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) for which the
maximum penalty is imprisonment for not less
than 5 years; or
``(ii) that is a felony crime of violence
that has as an element the use or attempted use
of physical force against the person of
another;
``(C) any Federal or State felony offense that by
its nature involves a substantial risk that physical
force against the person of another may be used in the
course of committing the offense, including--
``(i) assault with a deadly weapon;
``(ii) homicide or manslaughter;
``(iii) shooting at an occupied dwelling or
motor vehicle;
``(iv) kidnapping;
``(v) carjacking;
``(vi) robbery;
``(vii) drive-by-shooting;
``(viii) tampering with or retaliating
against a witness, victim, informant, or juror;
``(ix) rape;
``(x) mayhem;
``(xi) torture; and
``(xii) arson;
``(D) any Federal or State offense that is--
``(i) grand theft;
``(ii) burglary;
``(iii) looting;
``(iv) felony extortion;
``(v) possessing a concealed weapon;
``(vi) grand theft auto;
``(vii) money laundering
``(viii) felony vandalism;
``(ix) unlawful sale of a firearm; or
``(x) obstruction of justice; and
``(E) a conspiracy, attempt, or solicitation to
commit any offense described in subparagraphs (A)
through (D).''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``continuing
series of offenses described in subsection (c)'' and
inserting ``pattern of criminal activity''; and
(B) in paragraph (3), by striking ``years for--''
and all that follows through the end of the paragraph
and inserting ``years for a predicate gang crime.''.
SEC. 4. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF
CRIMINAL STREET GANGS.
(a) Travel Act Amendments.--
(1) Prohibited conduct and penalties.--Section 1952(a) of
title 18, United States Code, is amended to read as follows:
``(a) Whoever travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with intent to
--
``(1) distribute the proceeds of any unlawful activity;
``(2) commit any crime of violence to further any unlawful
activity; or
``(3) otherwise promote, manage, establish, carry on, or
facilitate the promotion, management, establishment, or
carrying on, of any unlawful activity,
and thereafter performs, attempts to perform, or conspires to perform--
``(A) an act described in paragraph (1) or (3)
shall be fined under this title, imprisoned not more
than 10 years, or both; ;or
``(B) an act described in paragraph (2) shall be
fined under this title, imprisoned for not more than 20
years, or both, and if death results shall be sentenced
to death or be imprisoned for any term of years or for
life.''.
(2) Unlawful activities.--Section 1952(b) of title 18,
United States Code, is amended to read as follows:
``(b) As used in this section--
``(1) the term `unlawful activity' means--
``(A) activity of a criminal street gang as defined
in section 521 of this title;
``(B) any business enterprise involving gambling,
liquor on which the Federal excise tax has not been
paid, narcotics or controlled substances (as defined in
section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6)), or prostitution offenses in violation
of the laws of the State in which the offense is
committed or of the United States.
``(C) extortion; bribery; arson; robbery; burglary;
assault with a deadly weapon; retaliation against or
intimidation of witnesses, victims, jurors, or
informants; assault resulting in bodily injury;
possession or trafficking of stolen property;
trafficking in firearms; kidnapping; alien smuggling;
shooting at an occupied dwelling or motor vehicle; or
insurance fraud; in violation of the laws of the State
in which the offense is committed or of the United
States; or
``(D) any act that is indictable under subchapter
II of chapter 53 of title 31, United States Code, or
under section 1956 or 1957 of this title; and
``(2) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994(p) of titl3 28, United States Code, the United States Sentencing
Commission shall amend chapter 2 of the Federal Sentencing Guidelines
so that--
(1) the base offense level for traveling in interstate or
foreign commerce in aid of a street gang or other racketeering
enterprise is increased to 12; and
(2) the base offense level for the commission of a violent
crime in aid of a street gang or other racketeering enterprise
is increased to 24.
SEC. 5. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG
ACTIVITY.
(a) Prohibited Acts.--Chapter 26 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 522. Recruitment of persons to participate in criminal gang
activity
``(a) Prohibited Act.--It shall be unlawful for any person to--
``(1) use any facility of, or travel in, interstate or
foreign commerce, or cause another to do so, to solicit,
request, induce, counsel, command, cause, or facilitate the
participation of, a person to participate in a criminal street
gang, or otherwise cause another to do so, or conspire to do
so; or
``(2) solicit, request, induce, counsel, command, cause, or
facilitate the participation of a person to engage in crime for
which such person may be prosecuted in a court of the United
States, or otherwise cause another to do so, or conspire to do
so.
``(b) Penalties.--A person who violates subsection (a) shall--
``(1)(A) if the person is a minor, be imprisoned for not
less than 4 years and not more than 10 years, fined not more
than $250,000, or both; or
``(B) if the person is not a minor, be imprisoned for not
less than 1 year and not more than 10 years, fined not more
than $250,000, or both; and
``(2) be liable for any costs incurred by the Federal
Government or by any State or local government for housing,
maintaining, and treating the minor until the minor reaches the
age of 18.
``(c) Definitions.--For purposes of this section--
``(1) the term `criminal street gang' has the same meaning
given such term in section 521; and
``(2) the term `minor' means a person who is younger than
18 years of age.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States Sentencing
Commission shall amend chapter 2 of the Federal Sentencing Guidelines
so that the base offense level for recruitment of a minor to
participate in a gang activity is 12.
(c) Technical Amendment.--The analysis for chapter 26 of title 18,
United States Code, is amended by adding at the end the following new
item:
``522. Recruitment of persons to participate in criminal gang
activity.''.
SEC. 6. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or'' before ``(E)''; and
(2) by inserting before the semicolon at the end of the
paragraph the following: ``, or (F) any offense against the
United States that is punishable by imprisonment for more than
1 year and that involved the use of a person under the age of
18 years in the commission of the offense''.
SEC. 7. TRANSFER OF FIREARMS TO MINORS FOR USE IN CRIME.
Section 924(h) of title 18, United States Code, is amended by
striking ``10 years, fined in accordance with this title, or both'' and
inserting ``10 years, and if the transferee is a person who is under 18
years of age, not less than 3 years; fined under this title; or both''.
SEC. 8. PENALTIES.
Section 924(a) of title 18, United States Code, is amended--
(1) by redesignating paragraph (5), as added by section
110201(b)(2) of the Violent Crime Control and Law Enforcement
Act of 1994, as paragraph (6); and
(2) in paragraph (6), as so redesignated--
(A) by striking subparagraph (A);
(B) in subparagraph (B)--
(i) by striking ``(B) A person other than a
juvenile who knowingly'' and inserting ``(A) A
person who knowingly'';
(ii) in clause (i), by striking ``1 year''
and inserting ``not less than 1 year and not
more than 5 years''; and
(iii) in clause (ii), by inserting ``not
less than 1 year and'' after ``imprisoned'';
and
(C) by adding at the end the following new
subparagraph:
``(B) Notwithstanding subparagraph (A), no mandatory
minimum sentence shall apply to a juvenile who is less than 13
years of age.''.
SEC. 9. THE JAMES GUELFF BODY ARMOR ACT.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 931. Use of body armor in Federal offenses
``(a) Prohibited Activity.--It shall be unlawful to use body armor
in the commission of a Federal crime.
``(b) Applicability.--This section shall not apply if the Federal
crime in which the body armor is used constitutes a violation of the
civil rights of a person by a law enforcement officer acting under
color of the authority of such law enforcement officer.
``(c) Definitions.--For purposes of this section--
``(1) the term `body armor' means any product sold or
offered for sale as personal protective body covering intended
to protect against gunfire, regardless of whether the product
is to be worn alone or is sold as a complement to another
product or garment; and
``(2) the term `law enforcement officer' means any officer,
agent, or employee of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
``(d) Penalties.--
``(1) Imprisonment.--Whoever knowingly violates this
section shall be imprisoned for a term of 2 years.
``(2) Construction.--A sentence under this paragraph shall
be consecutive to any sentence imposed for the Federal crime in
which the body armor was used.''.
(b) Conforming Amendment.--The analysis for chapter 44 of title 18,
United States Code, is amended by adding at the end the following new
item:
``931. Use of body armor in Federal offenses.''.
SEC. 10. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT
PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by adding ``or'' at the end of clause (ii); and
(3) by adding at the end the following new clause:
``(iii) any act of juvenile delinquency
that if committed by an adult would be an
offense described in clause (i) or (ii);''.
SEC. 11. INCREASE IN TIME LIMITS FOR JUVENILE PROCEEDINGS.
Section 5036 of title 18, United States Code, is amended by
striking ``thirty'' and inserting ``70''.
SEC. 12. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING AND FIREARMS
OFFENSES.
Section 1961(1) of title 18, United States Code, as amended by
section 6 of this Act, is amended by inserting before the semicolon at
the end the following: ``, (G) any act, or conspiracy to commit any
act, in violation of section 274(a)(1)(A), 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 1327, or
1328), or (H) any act or conspiracy to commit any act in violation of
chapter 44 of this title (relating to firearms)''.
SEC. 13. USE OF LINGUISTS.
(a) In General.--The Secretary of State shall identify qualified
translators who the Secretary shall make available to assist Federal
law enforcement agencies in criminal investigations by monitoring legal
wiretaps and translating recorded conversations.
(b) Emphasis.--In carrying out subsection (a), the Secretary of
State shall place special emphasis on translators in States in which
most criminal street gangs and organized crime syndicates operate.
SEC. 14. ADDITIONAL PROSECUTORS.
There are authorized to be appropriated $20,000,000 for each of
fiscal years 1997, 1998, 1999, 2000, and 2001 for the hiring of
additional Assistant United States Attorneys to prosecute violent youth
gangs. | Federal Gang Violence Act - Directs the United States Sentencing Commission to amend chapter three of the Federal Sentencing Guidelines to increase the offense level by six, in addition to any other adjustment, except with respect to trafficking in cocaine base, if a defendant was a member of a criminal street gang at the time of the offense.
Revises Federal criminal code provisions regarding criminal street gangs to modify or establish the definitions of "conviction," "criminal street gang," and "pattern of criminal activity" to make reference to "predicate gang crimes." Defines "predicate gang crimes" to include: (1) a State offense that involves a controlled substance for which the maximum penalty is not less than five years' imprisonment or that is a felony crime of violence that has as an element the use or attempted use of physical force against another; (2) any Federal or State felony offense that involves a substantial risk that physical force may be used against another; and (3) specified Federal or State offenses, including a conspiracy, attempt, or solicitation to commit such offenses.
Increases penalties for interstate and foreign travel or transportation in aid of racketeering. Includes criminal street gang activity within the term "unlawful activity" for purposes of such provisions. Directs the Commission to increase the base offense level for: (1) traveling in interstate or foreign commerce in aid of a street gang or other racketeering enterprise; and (2) the commission of a violent crime in aid of a street gang or other racketeering enterprise.
Prohibits and sets penalties for: (1) soliciting or recruiting persons to participate in criminal gang activity; and (2) using body armor in the commission of a Federal crime.
Makes: (1) crimes involving the use of minors, firearms offenses, and alien smuggling predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act.
Increases penalties for transferring a firearm to a minor, with knowledge that it will be used to commit a crime of violence or drug trafficking crime.
Increases the time limit within which an alleged delinquent who is in detention pending trial must be brought to trial.
Requires the Secretary of State to identify qualified translators to be made available to assist Federal law enforcement agencies in criminal investigations by monitoring legal wiretaps and translating recorded conversations.
Authorizes appropriations for the hiring of additional Assistant U.S. Attorneys to prosecute violent youth gangs. | {"src": "billsum_train", "title": "Federal Gang Violence Act"} | 4,073 | 576 | 0.597928 | 1.791247 | 0.70618 | 3.780992 | 7.450413 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmers Disaster Assistance Act of
2011''.
SEC. 2. SUPPLEMENTAL EMERGENCY DISASTER ASSISTANCE.
(a) Definitions.--In this section:
(1) Disaster county.--The term ``disaster county'' means a
county included in the geographic area covered by a qualifying
natural disaster declaration for the 2011 crop year.
(2) Eligible producer.--The term ``eligible producer''
means an agricultural producer in a disaster county.
(3) Eligible specialty crop producer.--The term ``eligible
specialty crop producer'' means an agricultural producer that,
for the 2011 crop year, as determined by the Secretary--
(A) produced, or was prevented from planting, a
specialty crop; and
(B) experienced crop losses in a disaster county
due to excessive rainfall or related condition.
(4) Qualifying natural disaster declaration.--The term
``qualifying natural disaster declaration'' means a natural
disaster declared by the Secretary for production losses under
section 321(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Specialty crop.--The term ``specialty crop'' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621
note).
(b) Supplemental Direct Payment.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use such sums as are necessary
to make supplemental payments under sections 1103 and 1303 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713,
8753) to eligible producers on farms located in disaster
counties that had at least 1 crop of economic significance
(other than crops intended for grazing) suffer at least a 5-
percent crop loss due to a natural disaster, including quality
losses, as determined by the Secretary, in an amount equal to
90 percent of the direct payment the eligible producers
received for the 2011 crop year on the farm.
(2) Acre program.--Eligible producers that received
payments under section 1105 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8715) for the 2011 crop year and
that otherwise meet the requirements of paragraph (1) shall be
eligible to receive supplemental payments under that paragraph
in an amount equal to 90 percent of the reduced direct payment
the eligible producers received for the 2011 crop year under
section 1103 or 1303 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8713, 8753).
(3) Insurance requirement.--As a condition of receiving
assistance under this subsection, eligible producers on a farm
that--
(A) in the case of an insurable commodity, did not
obtain a policy or plan of insurance for the insurable
commodity under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) (other than for a crop insurance
pilot program under that Act) for each crop of economic
significance (other than crops intended for grazing),
shall obtain such a policy or plan for those crops for
the next available crop year, as determined by the
Secretary; or
(B) in the case of a noninsurable commodity, did
not file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for the noninsurable commodity under section
196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333) for each crop of economic
significance (other than crops intended for grazing),
shall obtain such coverage for those crops for the next
available crop year, as determined by the Secretary.
(4) Relationship to other law.--Assistance received under
this subsection shall be included in the calculation of farm
revenue for the 2011 crop year under section 531(b)(4)(A) of
the Federal Crop Insurance Act (7 U.S.C. 1531(b)(4)(A)) and
section 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C.
2497(b)(4)(A)).
(c) Specialty Crop Assistance.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use such sums as necessary,
which shall remain available until September 30, 2012, to carry
out a program of grants to States to assist eligible specialty
crop producers for losses due to excessive rainfall and related
conditions affecting the 2011 crops.
(2) Notification.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall notify the State
department of agriculture (or similar entity) in each State of
the availability of funds to assist eligible specialty crop
producers, including such terms as are determined by the
Secretary to be necessary for the equitable treatment of
eligible specialty crop producers.
(3) Provision of grants.--
(A) In general.--The Secretary shall make grants to
States for disaster counties with excessive rainfall
and related conditions on a pro rata basis based on the
value of specialty crop losses in those counties during
the 2011 calendar year, as determined by the Secretary.
(B) Timing.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall make
grants to States to provide assistance under this
subsection.
(C) Maximum grant.--The maximum amount of a grant
made to a State under this subsection may not exceed
$40,000,000.
(4) Requirements.--The Secretary shall make grants under
this subsection only to States that demonstrate to the
satisfaction of the Secretary that the State will--
(A) use grant funds to assist eligible specialty
crop producers;
(B) provide assistance to eligible specialty crop
producers not later than 90 days after the date on
which the State receives grant funds; and
(C) not later than 30 days after the date on which
the State provides assistance to eligible specialty
crop producers, submit to the Secretary a report that
describes--
(i) the manner in which the State provided
assistance;
(ii) the amounts of assistance provided by
type of specialty crop; and
(iii) the process by which the State
determined the levels of assistance to eligible
specialty crop producers.
(5) Relation to other law.--Assistance received under this
subsection shall be included in the calculation of farm revenue
for the 2011 crop year under section 531(b)(4)(A) of the
Federal Crop Insurance Act (7 U.S.C. 1531(b)(4)(A)) and section
901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C.
2497(b)(4)(A)).
SEC. 3. ELIMINATION OF LIMITATIONS ON CERTAIN WAIVERS FOR BORROWERS
ELIGIBLE FOR DIRECT FARM OPERATING LOANS FOR FARMING OR
RANCHING OPERATIONS IN COUNTIES SUBJECT TO A DISASTER
DECLARATION ISSUED IN 2011.
The numerical and durational limitations on waivers which may be
granted under section 311(c)(4)(B) of the Consolidated Farm and Rural
Development Act shall not apply with respect to an operating loan for a
farming or ranching operation located in a county which is found by the
Secretary of Agriculture to have been substantially affected by a
natural disaster in the United States or a major disaster or emergency
designated by the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, that occurred in calendar year
2011.
SEC. 4. SUSPENSION OF LIMITATION ON PERIOD FOR WHICH BORROWERS ARE
ELIGIBLE FOR GUARANTEED FARM OPERATING LOANS FOR FARMING
OR RANCHING OPERATIONS IN COUNTIES SUBJECT TO A DISASTER
DECLARATION ISSUED IN 2011.
Section 5102 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1949 note; Public Law 107-171) is amended--
(1) in the section heading by inserting ``for farming or
ranching operations in counties subject to a disaster
declaration issued in 2011'' after ``assistance'';
(2) by striking ``2010'' and inserting ``2013''; and
(3) by inserting ``in the case of a guaranteed operating
loan for a farming or ranching operation located in a county
which is found by the Secretary of Agriculture to have been
substantially affected by a natural disaster in the United
States or a major disaster or emergency designated by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, that occurred in calendar year 2011''
before the period. | Farmers Disaster Assistance Act of 2011 - Directs the Secretary of Agriculture (USDA) to make supplemental payments to agricultural producers receiving direct payments for covered commodities, direct payments for peanuts, or average crop revenue election (ACRE) payments in disaster counties that had qualifying losses for the 2011 crop year.
Sets forth related insurance requirements.
Directs the Secretary to provide grants to qualifying states through September 30, 2012, to assist specialty crop producers for losses due to excessive rainfall and related conditions affecting the 2011 crops.
Eliminates numerical and durational limitations on operating loan waivers for a farm or a ranch in a county which in 2011: (1) has been substantially affected by a natural disaster, or (2) is included in a presidentially-designated major disaster or emergency area.
Amends the Farm Security and Rural Investment Act of 2002 to suspend through December 31, 2013, the limitation on the period for which borrowers are eligible for guaranteed farm operating loans in a county which in 2011: (1) has been substantially affected by a natural disaster, or (2) is included in a presidentially-designated major disaster or emergency area. | {"src": "billsum_train", "title": "To provide supplemental emergency disaster assistance to agricultural producers for certain crop losses during the 2011 crop year, to eliminate limitations on certain waivers for borrowers eligible for direct farm operating loans, and to suspend the limitation on the period for which borrowers are eligible for guaranteed farm operating loans, for farming or ranching operations in counties subject to a disaster declaration issued in 2011."} | 1,948 | 234 | 0.635744 | 1.645513 | 0.830528 | 3.15 | 7.545455 | 0.913636 |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) There are approximately 100,000,000 unexploded
antipersonnel landmines strewn in more than 60 countries around
the world, and tens of millions of antipersonnel landmines are
stored in stockpiles. The Department of State reports that
``landmines may be the most toxic and widespread pollution
facing mankind''.
(2) Like chemical and biological weapons, landmines kill
and maim indiscriminately.
(3) After the United States adopted a unilateral moratorium
on the export of antipersonnel landmines, the United Nations
General Assembly unanimously called for an international
moratorium on such exports, and the Governments of France,
Germany, Greece, Belgium, the Netherlands, Poland, Slovakia,
and South Africa have each announced an export moratorium. The
Government of Cambodia has stated that it will no longer use or
purchase antipersonnel landmines.
(4) Despite such actions, far more antipersonnel landmines
are being strewn than are being cleared. Each month, at least
1,200 persons, mostly innocent civilians, are killed or injured
by landmines. In some countries, more than one third of all
casualties of landmines are women and children.
(5) With hundreds of types of antipersonnel landmines being
produced in at least 50 countries, only international
cooperation on limits on the production, possession, transfer,
and use of anti-personnel landmines will stop the slaughter of
innocent lives.
(6) A United Nations conference to review the 1980
Conventional Weapons Convention, including Protocol II to the
Convention (commonly referred to as the ``Landmine Protocol''),
is planned for 1995. Meetings of governmental experts to
prepare for the conference have begun. This is a critical time
for United States leadership to help solve the landmine crisis.
SEC. 2. POLICY.
It is the sense of Congress that the President should--
(1) actively seek an international agreement prohibiting
the production, possession, transfer, and use of antipersonnel
landmines; and
(2) as interim measures to be pursued during the seeking of
such prohibitions, actively seek international agreements,
modifications of the 1980 Conventional Weapons Convention, or
other agreements or arrangements to limit further the
production, possession, transfer, and use of antipersonnel
landmines.
SEC. 3. MORATORIUM ON THE PRODUCTION AND PROCUREMENT OF ANTIPERSONNEL
LANDMINES.
(a) Sense of Congress.--It is the sense of Congress that a
moratorium by the United States on the purchase and production of
antipersonnel landmines would encourage other nations to adopt similar
measures.
(b) Moratorium.--Effective 90 days after the date of the enactment
of this Act, the United States Government shall not purchase or produce
antipersonnel landmines.
(c) Period of Moratorium.--The prohibition set forth in subsection
(b) shall continue until the end of the one-year period beginning on
the date of the enactment of this Act.
(d) Actions by Other Nations.--(1) The Congress urges the
President, during the period referred to in subsection (c), to
encourage each nation which is a major producer of antipersonnel
landmines to adopt a moratorium similar to the moratorium described in
subsection (b).
(2) If the President determines during the period referred to in
subsection (c) that nations that are major producers of antipersonnel
landmines have adopted moratoria similar to the moratorium described in
subsection (b), the President may extend the moratorium for such
additional time as the President considers appropriate.
(3) For the purposes of this subsection, the term ``major producers
of antipersonnel landmines'' include the following:
(A) Belgium.
(B) Bulgaria.
(C) The Peoples Republic of China.
(D) Egypt.
(E) France.
(F) Germany.
(G) Hungary.
(H) Italy.
(I) Pakistan.
(J) Russia.
(K) South Africa.
(L) The United Kingdom.
SEC. 4. AUTHORIZATION OF FUNDS FOR DEMINING ACTIVITIES FOR FISCAL YEAR
1995.
There is hereby authorized to be appropriated to the Department of
Defense for fiscal year 1995 the sum of $25,000,000 for--
(1) humanitarian activities relating to the clearing and
disarming of landmines and the protection of civilians from
landmines (including activities relating to the furnishing of
education, training, technical assistance, demining equipment
and technology and activities relating to research and
development on demining equipment and technology); and
(2) contributions to United Nations funds and to
nongovernmental organizations to support such activities.
SEC. 5. ANALYSIS AND ASSESSMENT OF COSTS AND EFFECTS OF ANTIPERSONNEL
LANDMINES.
(a) Analysis.--(1) Not later than six months after the date of the
enactment of this Act, the Administrator of the Agency for
International Development and the Secretary of State shall submit to
Congress a joint report containing a quantitative and qualitative
analysis of the social, economic, and environmental costs and effects
of the use of antipersonnel landmines.
(2) The analysis shall cover not less than three countries (as
jointly determined by the Administrator and the Secretary) in which the
presence of landmines presents significant social, economic, and
environmental problems.
(3) In preparing the report, the Administrator and the Secretary
shall rely on any appropriate governmental and nongovernmental
materials and sources of information that are available to them.
(b) Assessment.--(1) The Secretary of Defense shall submit to
Congress a report setting forth the total number of members of the
United States Armed Forces killed or wounded by antipersonnel landmines
during each of the following periods:
(A) World War II.
(B) The Korean conflict.
(C) The Vietnam era.
(D) The Persian Gulf War.
(2) The Secretary of Defense shall submit the report under this
subsection at the same time that the report required under subsection
(a) is submitted.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``antipersonnel landmine'' means any of the
following:
(A) Any munition placed under, on, or near the
ground or other surface area, delivered by artillery,
rocket, mortar, or similar means, or dropped from an
aircraft and which is designed, constructed, adapted,
or designed to be adapted to be detonated or exploded
by the presence, proximity, or contact of a person.
(B) Any device or material which is designed,
constructed, adapted, or designed to be adapted to kill
or injure and which functions unexpectedly when a
person disturbs or approaches an apparently harmless
object or performs an apparently safe act.
(2) The term ``1980 Conventional Weapons Convention'' means
the 1980 Conventional Weapons Convention on Production or
Restrictions on the Use of Certain Conventional Weapons Which
May Be Deemed To Be Excessively Injurious or To Have
Indiscriminate Effects, done at New York on April 10, 1981. | Expresses the sense of the Congress that: (1) the President should seek an international agreement prohibiting the production, possession, transfer, and use of antipersonnel landmines; and (2) a moratorium by the United States on the purchase and production of antipersonnel landmines would encourage other nations to adopt similar measures.
Prohibits the U.S. Government from purchasing or producing such landmines effective 90 days after this Act's enactment date. Continues such moratorium for one year from this Act's enactment date. Urges the President to encourage other nations which are major producers of such landmines to adopt similar moratoria. Authorizes the President to extend the moratorium if other nations have adopted similar moratoria.
Authorizes appropriations to the Department of Defense for: (1) humanitarian activities relating to the clearing and disarming of landmines and the protection of civilians from landmines; and (2) contributions to United Nations funds and nongovernmental organizations to support such activities.
Directs the Administrator of the Agency for International Development and the Secretary of State to submit to the Congress a quantitative and qualitative analysis of the social, economic, and environmental costs and effects of antipersonnel landmines.
Requires the Secretary of Defense to report to the Congress on the total number of members of the armed forces killed or wounded by antipersonnel landmines during World War II, the Korean conflict, the Vietnam era, and the Persian Gulf War. | {"src": "billsum_train", "title": "To state the sense of Congress on the production, possession, transfer, and use of antipersonnel landmines, to place a moratorium on United States production of antipersonnel landmines, and for other purposes."} | 1,595 | 328 | 0.63438 | 2.349434 | 0.827645 | 4.834586 | 5.330827 | 0.924812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Parity Act of 1996''.
SEC. 2. PLAN PROTECTIONS FOR INDIVIDUALS WITH A MENTAL ILLNESS.
(a) Permissible Coverage Limits Under a Group Health Plan.--
(1) Aggregate lifetime limits.--
(A) In general.--With respect to a group health
plan offered by a health insurance issuer, that applies
an aggregate lifetime limit to plan payments for
medical or surgical services covered under the plan, if
such plan also provides a mental health benefit such
plan shall--
(i) include plan payments made for mental
health services under the plan in such
aggregate lifetime limit; or
(ii) establish a separate aggregate
lifetime limit applicable to plan payments for
mental health services under which the dollar
amount of such limit (with respect to mental
health services) is equal to or greater than
the dollar amount of the aggregate lifetime
limit on plan payments for medical or surgical
services.
(B) No lifetime limit.--With respect to a group
health plan offered by a health insurance issuer, that
does not apply an aggregate lifetime limit to plan
payments for medical or surgical services covered under
the plan, such plan may not apply an aggregate lifetime
limit to plan payments for mental health services
covered under the plan.
(2) Annual limits.--
(A) In general.--With respect to a group health
plan offered by a health insurance issuer, that applies
an annual limit to plan payments for medical or
surgical services covered under the plan, if such plan
also provides a mental health benefit such plan shall--
(i) include plan payments made for mental
health services under the plan in such annual
limit; or
(ii) establish a separate annual limit
applicable to plan payments for mental health
services under which the dollar amount of such
limit (with respect to mental health services)
is equal to or greater than the dollar amount
of the annual limit on plan payments for
medical or surgical services.
(B) No annual limit.--With respect to a group
health plan offered by a health insurance issuer, that
does not apply an annual limit to plan payments for
medical or surgical services covered under the plan,
such plan may not apply an annual limit to plan
payments for mental health services covered under the
plan.
(b) Rule of Construction.--
(1) In general.--Nothing in this section shall be construed
as prohibiting a group health plan offered by a health
insurance issuer, from--
(A) utilizing other forms of cost containment not
prohibited under subsection (a); or
(B) applying requirements that make distinctions
between acute care and chronic care.
(2) Nonapplicability.--This section shall not apply to--
(A) substance abuse or chemical dependency
benefits; or
(B) health benefits or health plans paid for under
title XVIII or XIX of the Social Security Act.
(3) State law.--Nothing in this section shall be construed
to preempt any State law that provides for greater parity with
respect to mental health benefits than that required under this
section.
(c) Small Employer Exemption.--
(1) In general.--This section shall not apply to plans
maintained by employers that employ less than 26 employees.
(2) Application of certain rules in determination of
employer size.--For purposes of this subsection--
(A) Application of aggregation rule for
employers.--All persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
of the Internal Revenue Code of 1986 shall be treated
as 1 employer.
(B) Employers not in existence in preceding year.--
In the case of an employer which was not in existence
throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
(C) Predecessors.--Any reference in this subsection
to an employer shall include a reference to any
predecessor of such employer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Group health plan.--
(A) In general.--The term ``group health plan''
means an employee welfare benefit plan (as defined in
section 3(1) of the Employee Retirement Income Security
Act of 1974) to the extent that the plan provides
medical care (as defined in paragraph (2)) and
including items and services paid for as medical care)
to employees or their dependents (as defined under the
terms of the plan) directly or through insurance,
reimbursement, or otherwise.
(B) Medical care.--The term ``medical care'' means
amounts paid for--
(i) the diagnosis, cure, mitigation,
treatment, or prevention of disease, or amounts
paid for the purpose of affecting any structure
or function of the body,
(ii) amounts paid for transportation
primarily for and essential to medical care
referred to in clause (i), and
(iii) amounts paid for insurance covering
medical care referred to in clauses (i) and
(ii).
(2) Health insurance coverage.--The term ``health insurance
coverage'' means benefits consisting of medical care (provided
directly, through insurance or reimbursement, or otherwise and
including items and services paid for as medical care) under
any hospital or medical service policy or certificate, hospital
or medical service plan contract, or health maintenance
organization contract offered by a health insurance issuer.
(3) Health insurance issuer.--The term ``health insurance
issuer'' means an insurance company, insurance service, or
insurance organization (including a health maintenance
organization, as defined in paragraph (4)) which is licensed to
engage in the business of insurance in a State and which is
subject to State law which regulates insurance (within the
meaning of section 514(b)(2) of the Employee Retirement Income
Security Act of 1974), and includes a plan sponsor described in
section 3(16)(B) of the Employee Retirement Income Security Act
of 1974 in the case of a group health plan which is an employee
welfare benefit plan (as defined in section 3(1) of such Act).
Such term does not include a group health plan.
(4) Health maintenance organization.--The term ``health
maintenance organization'' means--
(A) a federally qualified health maintenance
organization (as defined in section 1301(a) of the
Public Health Service Act),
(B) an organization recognized under State law as a
health maintenance organization, or
(C) a similar organization regulated under State
law for solvency in the same manner and to the same
extent as such a health maintenance organization.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands.
SEC. 4. SUNSET.
Section 2 shall cease to be effective on September 30, 2001.
SEC. 5. FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM.
For the Federal Employee Health Benefit Program, sections 2 and 3
will take effect on October 1, 1997.
SEC. 6. EXEMPTION.
Notwithstanding the provisions of this Act, if the provisions of
this Act result in a 1 percent or greater increase in the cost of a
group health plan's premiums, the purchaser is exempt from the
provisions of this Act. | Mental Health Parity Act of 1996 - Requires a group health plan that applies an aggregate lifetime (or annual) limit for medical or surgical services, if the plan also provides a mental health benefit, to include mental health payments in that limit or establish a separate aggregate lifetime (or annual) limit for mental health services, with the mental health limit not less than the medical or surgical limit. Prohibits a group health plan that does not apply a medical or surgical limit from applying a mental health limit. Exempts employers with fewer than 26 employees. Makes this Act ineffective after September 30, 2001. Exempts a purchaser from this Act if the Act's provisions result in a one percent or greater increase in the cost of a group health plan's premiums. | {"src": "billsum_train", "title": "Mental Health Parity Act of 1996"} | 1,622 | 174 | 0.654433 | 1.628379 | 0.829404 | 3.053691 | 10.248322 | 0.90604 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Media Marketing Accountability Act
of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Children have easy access to a variety of media and
entertainment options without leaving their own homes. The vast
majority of homes with children have a VCR, a CD player, and
either a video game console or a personal computer.
(2) Children, and especially teenagers, spend a large
amount of time listening to music, seeing movies, and playing
video games. Specifically:
(A) Children ages 8 through 13 spend approximately
3 hours per week in a movie theater, on average. In
addition, 62 percent of children ages 9 through 17
spent an average of 52 minutes per day watching video
tapes.
(B) 82 percent of children play video games, and do
so for 33 minutes per day, on average.
(C) Children ages 14 through 18 listen to music
approximately 2\1/2\ hours per day on average.
(3) Teenagers spend tens of millions of dollars annually on
movies, music, and video games, making them a highly valuable
demographic group to the producers and distributors of
entertainment products.
(4) Media violence can be harmful to children. Most
scholarly studies on the impact of media violence find a high
correlation between exposure to violent content and aggressive
or violent behavior. Additional studies find a high correlation
between exposure to violent content and a desensitization to
and acceptance of violence in society.
(5) On September 11, 2000, the Federal Trade Commission
reported that companies in the music, movie, and video game
industries routinely target children under age 17 in the
advertisement of adult-rated products. Specifically:
(A) The Commission found that 80 percent of the R-
rated movies studied had been targeted to children. In
addition, marketing plans for 64 percent of the R-rated
movies studied explicitly mentioned children under age
17 as part of the target audience.
(B) The Commission found that all marketing plans
for music recordings with explicit content labels
either explicitly mentioned children under age 17 as
part of the target audience or called for ad placement
in media that would reach a majority or substantial
percentage of children under age 17.
(C) The Commission found that 70 percent of Mature-
rated video games studied were targeted to children
under age 17, and 51 percent explicitly mentioned
children under age 17 as part of the target audience.
Additionally, the Commission found that 91 percent of
the video game manufacturers studied had at one time
expressly identified children under age 17 as the core,
primary, or secondary audience of an M-rated game.
(6) To correct this problem, the Commission called on these
industries to adopt voluntary, uniform policies expressly
prohibiting these practices and to enforce these policies with
real sanctions for violations.
(7) To date, as the Commission noted in a follow-up report
released on April 24, 2001, only the video game industry has
agreed to adopt such a marketing code. The Commission also
noted that, despite some encouraging changes in behavior since
the release of the Commission's original report in 2000, a
number of companies in all three industries have nevertheless
continued to market adult-rated products in venues popular with
children.
(8) Because the entertainment industry continues to target
its advertising of adult-rated products to children, there is
need for narrowly targeted legislation to prohibit, as a false
and deceptive trade practice, the targeting of children in the
advertisement and other marketing of products rated for adults,
and to authorize the Federal Trade Commission to stop these
practices.
TITLE I--TARGETED MARKETING OF ADULT-RATED MEDIA TO CHILDREN
SEC. 101. PROHIBITION ON TARGETED MARKETING TO MINORS OF ADULT-RATED
MEDIA AS UNFAIR OR DECEPTIVE PRACTICE.
(a) In General.--The targeted advertising or other marketing to
minors of an adult-rated motion picture, music recording, or electronic
game, in or affecting commerce, shall be treated as a deceptive act or
practice within the meaning of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45), and is hereby declared unlawful.
(b) Treatment as Targeted Advertising or Marketing to Minors.--For
purposes of this section, the advertising or other marketing of an
adult-rated motion picture, music recording, or electronic game shall
be treated as targeted advertising or other marketing of such product
to minors if--
(1) the advertising or marketing--
(A) is intentionally directed to minors; or
(B) is presented to an audience of which a
substantial proportion is minors; or
(2) the Commission determines that the advertising or
marketing is otherwise directed or targeted to minors.
SEC. 102. SAFE HARBOR.
(a) In General.--The advertising or other marketing to minors of an
adult-rated motion picture, music recording, or electronic game shall
not be treated as targeted advertising or other marketing to minors,
for purposes of section 101, if the producer or distributor responsible
for the advertising or marketing adheres to a voluntary self-regulatory
system with respect to such product that satisfies the criteria under
subsection (b) and is subject to the sanctions referred to in
subsection (b)(3).
(b) Criteria.--The Federal Trade Commission shall, by rule,
establish the criteria referred to in subsection (a). Under such
criteria, a voluntary self-regulatory system shall include the
following elements:
(1) An age-based rating or labeling system for the product
in question.
(2) For all products that are rated or labeled as adult-
rated under such system--
(A) prohibitions on the targeted advertising or
other marketing to minors of such products; and
(B) other policies to restrict, to the extent
feasible, the sale, rental, or viewing to or by minors
of such products.
(3) Procedures, including sanctions for non-complying
producers and distributors, meeting such requirements as the
Commission includes in such criteria in order to assure
compliance with the prohibitions and other policies referred to
in paragraph (2).
SEC. 103. REGULATIONS.
(a) In General.--The Federal Trade Commission shall prescribe rules
that define with specificity the acts or practices that are deceptive
acts or practices under section 101.
(b) In Particular.--The rules under subsection (a)--
(1) shall specify criteria for determining whether or not
an audience is comprised of a substantial proportion of minors
for purposes of section 101(b)(1)(B); and
(2) may include requirements for the purpose of preventing
acts or practices that are deceptive acts or practices under
section 101.
SEC. 104. MATTERS RELATING TO REGULATIONS.
(a) In General.--The Federal Trade Commission shall prescribe rules
under sections 102 and 103 in accordance with the provisions of section
553 of title 5, United States Code.
(b) Time Limit.--The Commission shall prescribe the regulations
required under sections 102 and 103(b)(1) not later than 12 months
after the date of the enactment of this Act.
SEC. 105. ENFORCEMENT.
(a) In General.--This title shall be enforced by the Federal Trade
Commission under the provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(b) Actions by Commission.--
(1) In general.--The Commission shall prevent any person
from violating section 101, or a rule of the Commission under
section 103, in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act were incorporated into and made a part of this title.
(2) Particular rules.--A rule prescribed under section
103(b)(1) shall be treated as a rule prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)), and any violation of a rule prescribed under
such section 103 shall be treated as a violation of a rule
respecting unfair or deceptive acts or practices under section
5 of the Federal Trade Commission Act (15 U.S.C. 45).
(3) Rights and liabilities of parties.--Any person or
entity that violates section 101, or a rule of the Commission
under section 103, shall be subject to the penalties, and
entitled to the privileges and immunities, provided in the
Federal Trade Commission Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of that Act were
incorporated into and made a part of this title.
(c) Effect on Other Laws.--Nothing in this title shall be construed
to limit the authority of the Commission under any other provision of
law.
SEC. 106. DEFINITIONS.
In this title:
(1) Adult-rated.--The term ``adult-rated'', in the case of
a motion picture, music recording, or electronic game, means a
rating or label voluntarily assigned by the producer or
distributor of such product, including a rating or label
assigned pursuant to an industry-wide rating or labeling
system, which rating or label--
(A) indicates or signifies that--
(i) such product is or may be appropriate
or suitable only for adults; or
(ii) access to such product by minors
should be restricted; or
(B) in the case of a music recording, advises or
signifies that such product may contain explicit
content, including strong language or expressions of
violence, sex, or substance abuse.
(2) Minor.--The term ``minor'' means an individual below
the age established under the rating or labeling system in
question to be an appropriate audience for adult-oriented
material, but in no event includes an individual 17 years of
age or older. If no specific age is so established under the
rating or labeling system in question, the term means an
individual less than 17 years of age.
(3) Adult.--The term ``adult'' means an individual who is
no longer a minor.
(4) Electronic game.--The term ``electronic game'' means
any interactive entertainment software, including any computer
game, video game, or on-line game, sold or rented on any
tangible medium or by any electronic or on-line medium by which
the right to play a specified interactive-entertainment-software
product is purchased.
(5) Motion picture.--The term ``motion picture'' means any
theatrical motion picture shown in a commercial theater or sold
or rented by videotape, digital recording, or other tangible
medium or by any electronic or on-line medium by which the
right to play an individual theatrical motion picture is
purchased, except that such term shall not include anything
shown on broadcast television or cable television.
(6) Music recording.--The term ``music recording'' means
any recording of music sold or rented on compact disk, tape
cassette, vinyl record, music video, or other tangible medium
or by any electronic or on-line medium by which the right to
hear a specified work of music is purchased, except that such
term shall not include anything shown on broadcast television
or cable television.
SEC. 107. EFFECTIVE DATE.
This title shall take effect 90 days after the date of the
enactment of this Act.
TITLE II--OTHER MATTERS
SEC. 201. STUDY OF MARKETING PRACTICES OF ENTERTAINMENT INDUSTRIES
REGARDING ADULT-RATED MATERIALS.
(a) In General.--The Federal Trade Commission shall conduct a study
of the advertising and other marketing practices of the motion picture
industry, music recording industry, and electronic game industry
regarding adult-rated motion pictures, music recordings, and electronic
games.
(b) Matters To Be Studied.--In conducting the study under
subsection (a), the Commission may examine--
(1) whether and to what extent the industries referred to
in that subsection direct to minors the advertising and
marketing of adult-rated materials, including--
(A) whether such materials are advertised or
promoted in media outlets in which minors are present
in substantial numbers or comprise a substantial
percentage of the audience; and
(B) whether such industries use other marketing
practices designed to attract minors to such materials;
(2) whether and to what extent retail merchants, movie
theaters, or others who engage in the sale or rental for a fee
of products of such industries--
(A) have policies to restrict the sale, rental, or
viewing to or by minors of adult-rated materials; and
(B) have procedures to ensure compliance with such
policies;
(3) whether and to what extent such industries require,
monitor, or encourage the enforcement of their voluntary rating
or labeling systems by industry members, retail merchants,
movie theaters, or others who engage in the sale or rental for
a fee of the products of such industries;
(4) whether and to what extent such industries engage in
activities to educate the public in the existence, use, or
efficacy of their voluntary rating or labeling systems; and
(5) whether and to what extent the policies and procedures
referred to in paragraph (2), any activities referred to in
paragraphs (3) and (4), and any other activities of such
industries are effective in restricting the access of minors to
adult-rated materials.
(c) Factors in Determination.--In determining whether the products
of an industry are adult-rated for purposes of subsection (b), the
Commission shall use the voluntary industry rating or labeling system
of the industry, both as in effect on the date of the enactment of this
Act and as modified after that date.
(d) Authorities.--In conducting the study under subsection (a), the
Commission may use its authority under section 6(b) of the Federal
Trade Commission Act (15 U.S.C. 46(b)) to require the filing of reports
or answers in writing to specific questions, as well as to obtain
information, oral testimony, documentary material, or tangible things.
(e) Reports.--
(1) Requirement.--The Commission shall submit to Congress
and the public two reports on the study under subsection (a),
as follows:
(A) An initial report, not later than two years
after the date of the enactment of this Act.
(B) A final report, not later than six years after
that date.
(2) Elements.--Each report under paragraph (1) shall
include--
(A) a description of the study conducted under
subsection (a) during the period covered by the report;
(B) any findings and recommendations of the
Commission arising out of the study as of the end of
that period; and
(C) the identification of the particular producers
and distributors, if any, engaged in advertising or
other marketing practices relevant to such findings and
recommendations.
(f) Definitions.--In this section, the terms ``adult-rated'',
``electronic game'', ``motion picture'', ``music recording'', and
``minor'' have the meanings given those terms in section 106.
SEC. 202. SEPARABILITY.
If any provision of this Act, or the application of such provision
to any person, partnership, corporation, or circumstance, is held
invalid, the remainder of this Act, and the application of such
provision to any other person, partnership, corporation, or
circumstance, shall not be affected thereby. | Media Marketing Accountability Act of 2001 - Declares that targeted marketing to minors of an adult-rated motion picture, music recording, or electronic game shall be treated as a deceptive act or practice within the meaning of the Federal Trade Commission Act, and considered unlawful unless the producer or distributor responsible for advertising or marketing adheres to a voluntary self-regulatory system that comports with criteria established by the Federal Trade Commission (FTC).Grants the FTC enforcement powers. Directs the FTC to study and report to Congress on marketing practices of the motion picture, music recording and electronic game industries with respect to adult-rated products, including the identification of particular producers and distributors engaged in such practices. | {"src": "billsum_train", "title": "A bill to prohibit the targeted marketing to minors of adult-rated media as an unfair or deceptive practice, and for other purposes."} | 3,380 | 152 | 0.38737 | 1.128684 | 0.640608 | 4.46875 | 24.859375 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Investor Protection Act of
2004''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Chairman'' means the Chairman of the
Securities and Exchange Commission;
(2) the terms ``broker'', ``dealer'', and ``securities''
have the same meanings as in section 3 of the Securities
Exchange Act of 1934;
(3) the term ``Commission'' means the Securities and
Exchange Commission; and
(4) the term ``individual investors'' means
nonprofessional, noninstitutional investors, as a class,
including small investors.
SEC. 3. DIVISION OF THE INVESTOR.
(a) Establishment.--There is established within the Commission the
Division of the Investor.
(b) Director.--
(1) Appointment.--The Division of the Investor shall be
headed by a Director, who shall be appointed by the Commission
from among individuals who have--
(A) a demonstrated commitment to the rights and
interests of individual investors and to the public
interest;
(B) experience in advocating for, educating, or
otherwise assisting individual investors; and
(C) knowledge of the financial markets.
(2) Report to chairman.--The Director of the Division of
the Investor shall report directly to the Chairman.
(c) Duties of the Division.--The duties of the Division of the
Investor shall be--
(1) to serve as an advocate for individual investors by--
(A) assessing and advocating for the interests of
individual investors;
(B) providing views to the Commission and
Commission staff as to whether policy proposals and
proposed rules effectively serve, and, if appropriate,
how they can better serve, the interests of individual
investors;
(C) identifying areas of concern to individual
investors that may warrant or benefit from Commission
action;
(D) conducting qualitative and quantitative
research to determine the information and other needs
of individual investors; and
(E) serving as a liaison between investor advocacy
organizations and the Commission, and developing
processes to receive meaningful input from such
organizations and from individual investors;
(2) to assist and educate individual investors by
performing the functions performed on the day before the
effective date of this Act by the Director of the Office of
Investor Education and Assistance (previously known as the
Office of Consumer Affairs), as set forth in section 200.24a of
title 17 of the Code of Federal Regulations, as in effect on
the effective date of this Act, including--
(A) developing and disseminating educational
materials to individual investors;
(B) receiving, tracking, and analyzing complaints
from individual investors about entities regulated by
the Commission, and transmitting to other offices and
divisions within the Commission and to the Commission
itself relevant information from such individual
investors; and
(C) providing information to individual investors
concerning entities regulated by the Commission, the
operation of the securities markets, and the functions
of the Commission; and
(3) to perform other functions to promote the interests of
individual investors, as the Chairman determines appropriate.
(d) Small Investors.--In carrying out this section, the Division of
the Investor shall pay particular attention to the needs and interests
of small investors.
(e) Views on Proposed Rules.--Whenever the Commission proposes a
new rule or an amendment to an existing rule, or otherwise solicits
public comment on a matter of importance to individual investors, the
Director of the Division of the Investor shall prepare a written
summary of the Division's views on the proposed rule or other matter,
and the Commission shall include the summary in its Notice of Proposed
Rulemaking or other public solicitation of comments.
SEC. 4. OFFICE OF RISK ASSESSMENT.
(a) Establishment.--There is established within the Commission the
Office of Risk Assessment.
(b) Director.--
(1) Appointment.--The Office of Risk Assessment shall be
headed by a Director, who shall be appointed by the Commission
from among individuals who have--
(A) demonstrated experience in public and private
risk analysis or in uncovering and investigating
financial fraud or other financial misconduct, or both;
(B) knowledge of the financial markets; and
(C) demonstrated commitment to the public interest.
(2) Report to chairman.--The Director of the Office of Risk
Assessment shall report directly to the Chairman.
(c) Duties of the Office.--The duties of the Office of Risk
Assessment shall be--
(1) to assess industry practices within the jurisdiction of
the Commission to identify any risks associated with those
practices that could most likely harm investors and the public;
(2) to develop strategies to address and mitigate any such
risks, and prevent or lessen the potential harm to investors
and the public;
(3) to coordinate risk assessment and risk management
activities throughout the Commission; and
(4) to prepare annual reports to the Commission assessing
areas that potentially pose the most significant risks to
investors during the 3-year period following submission of each
such report.
(d) Use of Information.--In performing its duties under this
section, the Office of Risk Assessment shall seek and make use of
information from a wide range of sources, both within and outside of
the Commission, including securities filings, information gathered in
compliance inspections and examinations, consumer complaints, tips from
individuals working within publicly traded corporations or the
securities industry, academic research, and relevant information from
industry and other sources, consistent with applicable privacy and
other laws.
SEC. 5. CONSUMER RESEARCH.
(a) In General.--Whenever it considers requiring significant
disclosures to investors, whether in advertising, on web sites, or in
documents required by law or regulation, the Commission shall consider
and give weight to empirical evidence as to whether the proposed
disclosure as a whole, including its wording, its format, the context
and location in which it appears, and the timing and manner of its
dissemination, is likely to meaningfully improve understanding by
individual investors to assist them in making wise financial decisions,
and whether alternative disclosures would be more effective in
improving investor understanding.
(b) Types of Evidence.--Empirical evidence referred to in
subsection (a)--
(1) may be qualitative or quantitative;
(2) should be of a type that relevant experts would
consider competent and reliable evidence of the understanding
of average investors; and
(3) may include evidence developed by the Commission or by
others.
SEC. 6. FUND SUMMARIES.
(a) Summaries Required.--
(1) In general.--Section 12 of the Investment Company Act
of 1940 (15 U.S.C. 80a-12) is amended by adding at the end the
following:
``(h) Summaries Required for Open-End Companies.--It shall be
unlawful for an open-end registered investment company to offer its
securities for sale, unless, prior to completion of the sale, it
provides to investors a summary of relevant characteristics of the
investment, including information on expenses, risk, and
diversification, and any other information that the Commission
determines will assist investors in making wise financial decisions.''.
(2) Effective date.--Section 12(h) of the Investment
Company Act of 1940, as added by paragraph (1) of this
subsection, shall become effective on the earlier of--
(A) the effective date of regulations issued under
subsection (c); or
(B) 1 year after the date of enactment of this Act.
(b) Study.--The Commission shall conduct a study, including
usability testing where appropriate, to determine--
(1) the information most likely to assist average mutual
fund investors in making wise financial decisions; and
(2) the best media and format in which to present such
information so as to ensure that it is readily accessible and
understandable to average investors.
(c) Implementing Regulations.--Not later than 1 year after the date
of enactment of this Act, the Commission shall issue final regulations
implementing the requirements of section 12(h) of the Investment
Company Act of 1940, as added by subsection (a), and specifying the
content and format of the summary required under that section 12(h),
consistent with the findings of the Commission in the study conducted
under subsection (b), except that such summary shall not exceed in
length the equivalent of 4 printed pages of text. | Small Investor Protection Act of 2004 - Establishes the Division of the Investor within the Securities and Exchange Commission (SEC) to: (1) serve as advocate for individual investors, including serving as liaison between investor advocacy organizations and the SEC; and (2) assist and educate individual investors by performing the functions previously performed by the Director of the Office of Investor Education and Assistance (previously known as the Office of Consumer Affairs), paying particular attention to the needs and interests of small investors.
Establishes the Office of Risk Assessment within the SEC to: (1) assess industry practices within the jurisdiction of the SEC to identify any risks associated with those practices that could most likely harm investors and the public; and (2) develop strategies to address and mitigate such risks, and prevent or lessen the potential harm to investors and the public.
Requires the Commission, whenever it considers requiring significant disclosures to investors (whether in advertising, on web sites, or in documents required by law or regulation), to consider and give weight to empirical evidence as to: (1) whether the proposed disclosure as a whole is likely to improve meaningfully individual investor understanding to assist investors in making wise financial decisions; and (2) whether alternative disclosures would be more effective in improving investor understanding.
Amends the Investment Company Act of 1940 to declare that it shall be unlawful for an open-end registered investment company to offer its securities for sale, unless, prior to completion of the sale, it provides investors with a summary of relevant characteristics of the investment, including information on expenses, risk, and diversification, and any other information that the SEC determines will assist investors in making wise financial decisions. | {"src": "billsum_train", "title": "A bill to amend the securities laws to provide for enhanced mutual fund investor protections, and for other purposes."} | 1,756 | 340 | 0.598022 | 1.965981 | 0.867747 | 6.137195 | 5.219512 | 0.978659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Taxpayer Reimbursement Act
of 2007''.
SEC. 2. PROHIBITING USE OF FEDERAL FUNDS IN SUPPORT OF TRAVEL WHICH
INCLUDES POLITICAL CAMPAIGN OR FUNDRAISING EVENTS.
(a) Prohibition.--No funds of the Federal government may be used to
carry out or support any travel undertaken by a covered executive
branch official away from the official's designated post of duty if at
any time while the official is away from the official's designated post
of duty the official attends any political campaign event or any
political fundraising event, unless the office of the official is
reimbursed for the actual costs incurred by the Federal government in
carrying out or supporting such travel (subject to subsection (b)) by--
(1) the principal campaign committee of the candidate, in
the case of an event held in support of a candidate; or
(2) the political committee involved, in the case of an
event held in support of a political committee of a political
party.
(b) Special Rules for Presidential and Vice Presidential Travel.--
In the case of travel undertaken by the President or the Vice
President, the amount of the reimbursement required to be made under
subsection (a) shall be subject to the following:
(1) In the case of travel undertaken by the President or
the Vice President which includes a political campaign event in
support of the President's or Vice President's own campaign--
(A) the amount of the reimbursement required to be
made for the costs of using an aircraft or other form
of transportation may not exceed the commercial charter
rate for an airplane or other form of transportation
sufficient in size to accommodate the campaign-related
travelers, including the President or the Vice
President, members of the news media, and the Secret
Service (taking into account any reimbursement paid by
members of the news media); and
(B) any costs attributable to the provision of
services by the Secret Service shall be excluded.
(2) In the case of travel undertaken by the President or
the Vice President for a political campaign event or a
political fundraising event on behalf of more than one sponsor,
candidate, or political party, the amount required to be
reimbursed shall be allocated among the sponsors, candidates,
or political parties involved in accordance with a formula
established under regulations promulgated by the Federal
Election Commission which are consistent with the requirements
regarding the reimbursement rate described in paragraph (1).
(c) Exception for Personal Compensation.--Subsection (a) does not
apply with respect to amounts paid as salary to a covered executive
branch official.
(d) Application to Certain Travel by Members of House of
Representatives.--This section shall apply with respect to funds used
to carry out or support travel undertaken by a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress) in the same manner as it applies to a covered legislative
branch official, other than funds in any Member's Representational
Allowance. Nothing in the previous sentence may be construed to waive
or otherwise affect any provision of law or any rule or regulation of
the House of Representatives which prohibits the use of official funds
of the House to support any purposes not related to the official and
representational duties of a Member of the House.
(e) Definitions.--In this section, the following definitions apply:
(1) The term ``covered executive branch official'' means--
(A) the President, the Vice President, and any
other individual whose official travel expenses may be
paid using funds under chapter 2 of title 3, United
States Code; and
(B) the head of any executive agency (as defined in
section 105 of title 5, United States Code).
(2) The term ``designated post of duty'' has the meaning
given such term under chapter 57 of title 5, United States
Code, except that in the case of a covered executive branch
official described in paragraph (1)(A), such term means the
White House.
(3) The term ``political campaign event'' means, with
respect to a covered executive branch official, an event held
in support of a candidate for election for any Federal, State,
or local public office or any national, State, or local
political party at which the official endorses or supports (or
could reasonably be determined to endorse or support) such a
candidate or political party.
(4) The term ``political committee'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.).
(5) The term ``political fundraising event'' means any
event during which funds are raised to support any candidate
for election for any Federal, State, or local public office or
any national, State, or local political party, including an
event at which a donation of funds to support any such
candidate or party is required in order to attend.
(6) The term ``principal campaign committee'' has the
meaning given such term in the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), except that in the case of a
candidate for election for State or local public office, the
determination of the principal campaign committee shall be made
in accordance with the applicable law of the State involved.
SEC. 3. REQUIRING REIMBURSEMENT BY CAMPAIGNS.
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 new section:
``requiring reimbursement of certain state and local government
security costs
``Sec. 325. (a) Requiring Reimbursement.--If a State or unit of
local government incurs costs for providing security and related
services as the result of the attendance by a covered executive branch
official at a political campaign event or a political fundraising
event, the actual costs incurred in providing such services shall be
reimbursed--
``(1) in the case of an event held in support of a
candidate, by the principal campaign committee of the
candidate; and
``(2) in the case of an event held in support of a
political committee of a political party, by the committee
involved.
``(b) Exception for Certain Presidential and Vice Presidential
Events.--Subsection (a) shall not apply with respect to costs which are
incurred as the result of the attendance of the President or Vice
President at a political campaign event held in support of the
President's or Vice President's own campaign.
``(c) Definitions.--In this section, the terms `covered executive
branch official', `political campaign event', and `political
fundraising event' have the meaning given such terms in section 2(e) of
the Campaign Taxpayer Reimbursement Act of 2007.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to travel undertaken on or after the date of the enactment of
this Act. | Campaign Taxpayer Reimbursement Act of 2007 - Prohibits the use of federal funds to carry out or support any travel undertaken by a covered executive branch official away from his or her designated post of duty if at any time while the official is away he or she attends any political campaign or fundraising event, unless the official's office is reimbursed by the appropriate political committee for the actual travel costs incurred.
Makes special rules for presidential and vice presidential travel.
Applies this Act to travel by Members of the House of Representatives.
Amends the Federal Election Campaign Act of 1971 to require political committee reimbursement of certain state and local government security costs resulting from attendance by a covered executive branch official, other than the President or Vice President, at a political campaign or fundraising event. | {"src": "billsum_train", "title": "To prohibit the use of Federal funds in support of any travel undertaken by the President, Vice President, or certain other executive branch officials which includes the attendance by the official at any political campaign or fundraising event unless the sponsor of the event reimburses the Federal government for the actual costs incurred in support of the travel, and for other purposes."} | 1,532 | 172 | 0.665776 | 1.900411 | 0.9095 | 4.033784 | 9.75 | 0.939189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Transactions which Operate
to Promote Fraud, Risk, and Underdevelopment Act'' or the ``STOP FRAUD
Act''.
SEC. 2. MORTGAGE FRAUD.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1351. Mortgage fraud
``(a) In General.--It shall be unlawful for any mortgage
professional to knowingly execute, or attempt to execute, a scheme or
artifice--
``(1) to defraud any natural person or financial
institution in connection with the offer or extension of
consumer credit (as such term is defined in subsections (e) and
(h) under section 103 of the Truth in Lending Act (15 U.S.C.
1602(e) and (h))), which credit is, or is to be, secured by an
interest--
``(A) in real property; or
``(B) in personal property used or expected to be
used as the principal dwelling (as such term is defined
under section 103(v) of the Truth in Lending Act (15
U.S.C. 1602(v))) of the natural person to whom such
consumer credit is offered or extended; or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any money or property, including
without limitation in the form of fees or charges, from a
natural person in connection with an extension of consumer
credit secured by an interest--
``(A) in real property; or
``(B) in personal property used or expected to be
used as the principal dwelling of such natural person;
``(b) Penalty.--Any person who violates paragraph (1) shall be
fined not more than $5,000,000, or imprisoned not more than 35 years,
or both.
``(c) Private Right of Action by Persons Aggrieved.--Any person
aggrieved by a violation of this section, or any regulation under this
section may, but shall not be required to, file suit in any district
court of the United States having jurisdiction of the parties to such
suit--
``(1) without respect to the amount in controversy;
``(2) without regard to the citizenship of the parties; and
``(3) without regard to exhaustion of any administrative
remedies.
``(d) Rule of Construction.--Nothing in this section shall be
construed to modify, lessen, or otherwise affect any other provision of
this title relating to the rights afforded to financial institutions.
``(e) Definition.--As used in this section, the term `mortgage
professional' includes real estate appraisers, real estate accountants,
real estate attorneys, real estate brokers, mortgage brokers, mortgage
underwriters, mortgage processors, mortgage settlement companies,
mortgage title companies, mortgage loan originators, and any other
provider of professional services engaged in the mortgage process.''.
(b) Table of Sections.--The table of sections for chapter 63 of
title 18, United States Code, is amended by inserting after the item
relating to section 1350 the following:
``1351. Mortgage fraud.''.
(c) Conforming Amendment.--Section 3293(2) of title 18, United
States Code, is amended by striking ``or 1343'' and inserting ``, 1343,
or 1351''.
SEC. 3. MANDATORY REPORTING REQUIREMENTS.
(a) Definition of Financial Institution.--Section 5312(a)(2)(U) of
title 31, United States Code, is amended by--
(1) inserting ``and companies'' after ``persons'';
(2) inserting ``, transactions,'' after ``closings''; and
(3) inserting after ``settlements'' the following: ``,
including the Federal National Mortgage Association, the
Government National Mortgage Association, the Federal Home Loan
Mortgage Corporation, mortgage appraisers, real estate
accountants, real estate attorneys, real estate brokers,
mortgage underwriters, mortgage processors, mortgage settlement
and title companies, mortgage brokers, mortgage loan
originators, and any other mortgage professional engaged in the
mortgage industry''.
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
issue regulations to implement the amendments made in
subsection (a).
(2) Content of regulation.--A regulation required under
paragraph (1) shall include a requirement that any suspicious
activity by an individual or entity described in section
5312(a)(2)(U) be reported to the Secretary of the Treasury.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to implement the regulations
issued under subsection (b).
SEC. 4. LAW ENFORCEMENT AND INDUSTRY COMMUNICATION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Attorney General, in consultation with the
Secretary of the Treasury, shall establish a system by which mortgage
brokers, lenders, and other authorized mortgage professionals may
register and receive updates from Federal law enforcement agencies on--
(1) suspicious activity trends in the mortgage industry;
and
(2) mortgage fraud-related convictions.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to establish and maintain the
system required under subsection (a).
SEC. 5. DEBARRED OR CENSURED MORTGAGE PROFESSIONAL DATABASE.
(a) Establishment.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Attorney General shall establish a
Debarred or Censured Mortgage Professional Database that may be
accessed by authorized banks and mortgage professionals to
determine the Federal and State bar status of mortgage
professionals regulated by any Federal or State agency.
(2) Private certification boards.--Any widely accepted
private certification board shall have authority to access,
maintain, and update the Debarred or Censured Mortgage
Professional Database established in paragraph (1) for purposes
of adding or removing the information of any mortgage
professional contained in such Database.
(3) Definition of widely accepted private certification
board.--Not later than 18 months after the date of enactment of
this Act, the Attorney General, in consultation with the
Secretary of the Treasury, shall determine the definition of
the term ``widely accepted private certification board''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to establish and maintain the
database required under subsection (a).
SEC. 6. HOUSING COUNSELING.
Section 106 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701x), is amended by adding at the end the following:
``(g) Counseling for Mortgage Fraud.--
``(1) In general.--The Secretary is authorized to provide,
or contract with public or private organizations to provide,
information, advice, counseling, and technical assistance to
tenants, homeowners, and other consumers with respect to
mortgage fraud, as such activity is described in section 1351
of title 18, United States Code.
``(2) Preference for states with higher incidents of
mortgage fraud.--In distributing any funds authorized under
paragraph (3), the Secretary shall give preference to those
States with the highest rates of mortgage fraud, as such rates
are determined by--
``(A) the Director of the Federal Bureau of
Investigation; and
``(B) mortgage industry statistics.
``(3) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000, to implement the
provisions of this subsection.''.
SEC. 7. STATE APPRAISAL DEMONSTRATION PROJECTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Housing and Urban Development
shall provide grants to State appraisal agencies to improve the
monitoring and enforcement of housing appraisal regulations in that
State.
(b) Application.--Each State appraisal agency seeking a grant under
this section shall submit an application to the Secretary of Housing
and Urban Development at such time, in such manner, and containing such
information as the Secretary may require.
(c) Preference for States With Higher Incidents of Mortgage
Fraud.--In distributing any grant amounts authorized under this
section, the Secretary of Housing and Urban Development shall give
preference to those States with the highest rates of mortgage fraud, as
such rates are determined by--
(1) the Director of the Federal Bureau of Investigation;
and
(2) mortgage industry statistics.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000, to implement the provisions of this section.
SEC. 8. LAW ENFORCEMENT GRANTS TO STATE AND LOCAL LAW ENFORCEMENT
AGENCIES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Attorney General shall provide grants to
assist State and local law enforcement agencies in--
(1) establishing and improving mortgage fraud task forces;
and
(2) improving communications regarding mortgage fraud cases
between such agencies and other Federal, State and local law
enforcement agencies.
(b) Application.--Each State or local law enforcement agency
seeking 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 may require.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $40,000,000, to implement the provisions of this section.
SEC. 9. ADDITIONAL DOJ FUNDING.
In addition to any other amounts otherwise authorized to be
appropriated under this Act, there are authorized to be appropriated to
the Attorney General $5,000,000, to increase mortgage fraud
investigation efforts undertaken by the Department of Justice. | Stopping Transactions which Operate to Promote Fraud, Risk, and Underdevelopment Act or the STOP FRAUD Act - Amends federal criminal law to make it unlawful for any mortgage professional (as defined by this Act) to execute, or attempt to execute, a scheme or artifice to: (1) defraud any natural person or financial institution in connection with the offer of consumer credit secured by an interest in real property, or in personal property used or expected to be used as a principal dwelling; or (2) falsely obtain any money or property from a natural person in connection with an extension of consumer credit secured by an interest in real property, or in personal property used or expected to be used as the principal dwelling of such natural person.
Provides for: (1) fines and/or imprisonment for violations of such provisions; and (2) a private right of action.
Includes within the definition of "financial institution" for specified federal monetary transaction provisions the Federal National Mortgage Association (Fannie Mae), the Government National Mortgage Association (Ginnie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), mortgage appraisers, real estate accountants, real estate attorneys, real estate brokers, mortgage underwriters, mortgage processors, mortgage settlement and title companies, mortgage brokers, mortgage loan originators, and any other mortgage professional engaged in the mortgage industry.
Amends the Housing and Urban Development Act of 1968 to authorize the Secretary of Housing and Urban Development to provide tenants, homeowners, and other consumers with mortgage fraud counseling. | {"src": "billsum_train", "title": "A bill to stop transactions which operate to promote fraud, risk, and under-development, and for other purposes."} | 2,209 | 325 | 0.643834 | 2.176134 | 0.873321 | 4.901024 | 6.761092 | 0.90785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stroke Treatment and Ongoing
Prevention Act''.
SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT REGARDING STROKE
PROGRAMS.
(a) Stroke Education and Information Programs.--Title III of the
Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding
at the end the following:
``PART R--STROKE EDUCATION, INFORMATION, AND DATA COLLECTION PROGRAMS
``SEC. 399AA. STROKE PREVENTION AND EDUCATION CAMPAIGN.
``(a) In General.--The Secretary shall carry out an education and
information campaign to promote stroke prevention and increase the
number of stroke patients who seek immediate treatment.
``(b) Authorized Activities.--In implementing the education and
information campaign under subsection (a), the Secretary may--
``(1) make public service announcements about the warning
signs of stroke and the importance of treating stroke as a
medical emergency;
``(2) provide education regarding ways to prevent stroke
and the effectiveness of stroke treatment; and
``(3) carry out other activities that the Secretary
determines will promote prevention practices among the general
public and increase the number of stroke patients who seek
immediate care.
``(c) Measurements.--In implementing the education and information
campaign under subsection (a), the Secretary shall--
``(1) measure public awareness before the start of the
campaign to provide baseline data that will be used to evaluate
the effectiveness of the public awareness efforts;
``(2) establish quantitative benchmarks to measure the
impact of the campaign over time; and
``(3) measure the impact of the campaign not less than once
every 2 years or, if determined appropriate by the Secretary,
at shorter intervals.
``(d) No Duplication of Effort.--In carrying out this section, the
Secretary shall avoid duplicating existing stroke education efforts by
other Federal Government agencies.
``(e) Consultation.--In carrying out this section, the Secretary
may consult with organizations and individuals with expertise in stroke
prevention, diagnosis, treatment, and rehabilitation.
``SEC. 399BB. PAUL COVERDELL NATIONAL ACUTE STROKE REGISTRY AND
CLEARINGHOUSE.
``The Secretary, acting through the Centers for Disease Control and
Prevention, shall maintain the Paul Coverdell National Acute Stroke
Registry and Clearinghouse by--
``(1) continuing to develop and collect specific data
points and appropriate benchmarks for analyzing care of acute
stroke patients;
``(2) collecting, compiling, and disseminating information
on the achievements of, and problems experienced by, State and
local agencies and private entities in developing and
implementing emergency medical systems and hospital-based
quality of care interventions; and
``(3) carrying out any other activities the Secretary
determines to be useful to maintain the Paul Coverdell National
Acute Stroke Registry and Clearinghouse to reflect the latest
advances in all forms of stroke care.
``SEC. 399CC. STROKE DEFINITION.
``For purposes of this part, the term `stroke' means a `brain
attack' in which blood flow to the brain is interrupted or in which a
blood vessel or aneurysm in the brain breaks or ruptures.
``SEC. 399DD. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$5,000,000 for each of fiscal years 2006 through 2010.''.
(b) Emergency Medical Professional Development.--Section 1251 of
the Public Health Service Act (42 U.S.C. 300d-51) is amended to read as
follows:
``SEC. 1251. MEDICAL PROFESSIONAL DEVELOPMENT IN ADVANCED STROKE AND
TRAUMATIC INJURY TREATMENT AND PREVENTION.
``(a) Residency and Other Professional Training.--The Secretary may
make grants to public and nonprofit entities for the purpose of
planning, developing, and enhancing approved residency training
programs and other professional training for appropriate health
professions in emergency medicine, including emergency medical services
professionals, to improve stroke and traumatic injury prevention,
diagnosis, treatment, and rehabilitation.
``(b) Continuing Education on Stroke and Traumatic Injury.--
``(1) Grants.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may make grants to qualified entities for the
development and implementation of education programs for
appropriate health care professionals in the use of newly
developed diagnostic approaches, technologies, and therapies
for health professionals involved in the prevention, diagnosis,
treatment, and rehabilitation of stroke or traumatic injury.
``(2) Distribution of grants.--In awarding grants under
this subsection, the Secretary shall give preference to
qualified entities that will train health care professionals
that serve areas with a significant incidence of stroke or
traumatic injuries.
``(3) Application.--A qualified entity desiring a grant
under this subsection shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a plan for
the rigorous evaluation of activities carried out with amounts
received under the grant.
``(4) Definitions.--For purposes of this subsection:
``(A) The term `qualified entity' means a
consortium of public and private entities, such as
universities, academic medical centers, hospitals, and
emergency medical systems that are coordinating
education activities among providers serving in a
variety of medical settings.
``(B) The term `stroke' means a `brain attack' in
which blood flow to the brain is interrupted or in
which a blood vessel or aneurysm in the brain breaks or
ruptures.
``(c) Report.--Not later than 1 year after the allocation of grants
under this section, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
results of activities carried out with amounts received under this
section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2006 through 2010. The Secretary shall equitably allocate the
funds authorized to be appropriated under this section between efforts
to address stroke and efforts to address traumatic injury.''.
SEC. 3. PILOT PROJECT ON TELEHEALTH STROKE TREATMENT.
(a) Establishment.--Part D of title III of the Public Health
Service Act (42 U.S.C. 254b et seq.) is amended by inserting after
section 330L the following:
``SEC. 330M. TELEHEALTH STROKE TREATMENT GRANT PROGRAM.
``(a) Grants.--The Secretary may make grants to States, and to
consortia of public and private entities located in any State that is
not a grantee under this section, to conduct a 5-year pilot project
over the period of fiscal years 2006 through 2010 to improve stroke
patient outcomes by coordinating health care delivery through
telehealth networks.
``(b) Administration.--The Secretary shall administer this section
through the Director of the Office for the Advancement of Telehealth.
``(c) Consultation.--In carrying out this section, for the purpose
of better coordinating program activities, the Secretary shall consult
with--
``(1) officials responsible for other Federal programs
involving stroke research and care, including such programs
established by the Stroke Treatment and Ongoing Prevention Act;
and
``(2) organizations and individuals with expertise in
stroke prevention, diagnosis, treatment, and rehabilitation.
``(d) Use of Funds.--
``(1) In general.--The Secretary may not make a grant to a
State or a consortium under this section unless the State or
consortium agrees to use the grant for the purpose of--
``(A) identifying entities with expertise in the
delivery of high-quality stroke prevention, diagnosis,
treatment, and rehabilitation;
``(B) working with those entities to establish or
improve telehealth networks to provide stroke treatment
assistance and resources to health care professionals,
hospitals, and other individuals and entities that
serve stroke patients;
``(C) informing emergency medical systems of the
location of entities identified under subparagraph (A)
to facilitate the appropriate transport of individuals
with stroke symptoms;
``(D) establishing networks to coordinate
collaborative activities for stroke prevention,
diagnosis, treatment, and rehabilitation;
``(E) improving access to high-quality stroke care,
especially for populations with a shortage of stroke
care specialists and populations with a high incidence
of stroke; and
``(F) conducting ongoing performance and quality
evaluations to identify collaborative activities that
improve clinical outcomes for stroke patients.
``(2) Establishment of consortium.--The Secretary may not
make a grant to a State under this section unless the State
agrees to establish a consortium of public and private
entities, including universities and academic medical centers,
to carry out the activities described in paragraph (1).
``(3) Prohibition.--The Secretary may not make a grant
under this section to a State that has an existing telehealth
network that is or may be used for improving stroke prevention,
diagnosis, treatment, and rehabilitation, or to a consortium
located in such a State, unless the State or consortium agrees
that--
``(A) the State or consortium will use an existing
telehealth network to achieve the purpose of the grant;
and
``(B) the State or consortium will not establish a
separate network for such purpose.
``(e) Priority.--In selecting grant recipients under this section,
the Secretary shall give priority to any applicant that submits a plan
demonstrating how the applicant, and where applicable the members of
the consortium described in subsection (d)(2), will use the grant to
improve access to high-quality stroke care for populations with
shortages of stroke-care specialists and populations with a high
incidence of stroke.
``(f) Grant Period.--The Secretary may not award a grant to a State
or a consortium under this section for any period that--
``(1) is greater than 3 years; or
``(2) extends beyond the end of fiscal year 2010.
``(g) Restriction on Number of Grants.--In carrying out the 5-year
pilot project under this section, the Secretary may not award more than
7 grants.
``(h) Application.--To seek a grant under this section, a State or
a consortium of public and private entities shall submit an application
to the Secretary in such form, in such manner, and containing such
information as the Secretary may require. At a minimum, the Secretary
shall require each such application to outline how the State or
consortium will establish baseline measures and benchmarks to evaluate
program outcomes.
``(i) Definition.--In this section, the term `stroke' means a
`brain attack' in which blood flow to the brain is interrupted or in
which a blood vessel or aneurysm in the brain breaks or ruptures.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2006, $13,000,000 for fiscal year 2007, $15,000,000 for fiscal year
2008, $8,000,000 for fiscal year 2009, and $4,000,000 for fiscal year
2010.''.
(b) Study; Reports.--
(1) Final report.--Not later than March 31, 2011, the
Secretary of Health and Human Services shall conduct a study of
the results of the telehealth stroke treatment grant program
under section 330M of the Public Health Service Act (added by
subsection (a)) and submit to the Congress a report on such
results that includes the following:
(A) An evaluation of the grant program outcomes,
including quantitative analysis of baseline and
benchmark measures.
(B) Recommendations on how to promote stroke
networks in ways that improve access to clinical care
in rural and urban areas and reduce the incidence of
stroke and the debilitating and costly complications
resulting from stroke.
(C) Recommendations on whether similar telehealth
grant programs could be used to improve patient
outcomes in other public health areas.
(2) Interim reports.--The Secretary of Health and Human
Services may provide interim reports to the Congress on the
telehealth stroke treatment grant program under section 330M of
the Public Health Service Act (added by subsection (a)) at such
intervals as the Secretary determines to be appropriate.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize the Secretary
of Health and Human Services to establish Federal standards for the
treatment of patients or the licensure of health care professionals. | Stroke Treatment and Ongoing Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out a national education campaign to promote stroke prevention and increase the number of stroke patients who seek immediate treatment.
Requires the Secretary, acting through the Centers for Disease Control (CDC), to maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse by collecting specific data points and benchmarks for stroke care analysis and by compiling and disseminating information on State, local, and private care system achievements and problems.
Defines "stroke" as an attack in which blood flow to the brain is interrupted or in which a blood vessel or aneurysm in the brain breaks or ruptures.
Includes stroke and traumatic injury prevention, diagnosis, and treatment within the grant program for emergency medicine residency training.
Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to qualified entities for education programs for health care professionals in the use of diagnostic approaches, technologies, and therapies for stroke and traumatic injury prevention, diagnosis, treatment, and rehabilitation. Gives preference to qualified entities that will train professionals that serve areas with a significant incidence of stroke or traumatic injuries.
Authorizes the Secretary, through the Director of the Office for the Advancement of Telehealth, to make up to seven grants to States and to consortia of public and private entities in any non-grantee State to conduct a five-year pilot project to improve stroke patient outcomes by coordinating health care through telehealth networks. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to strengthen education, prevention, and treatment programs relating to stroke, and for other purposes."} | 2,823 | 344 | 0.636829 | 1.799006 | 0.777178 | 5.240678 | 8.691525 | 0.942373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children Health Insurance Act of
1996''.
SEC. 2. HEALTH INSURANCE AVAILABILITY FOR CHILDREN.
(a) In General.--The Internal Revenue Code of 1986 (as amended by
the Health Insurance Portability and Accountability Act of 1996) is
amended by adding at the end the following:
``Subtitle L--Health Insurance Availability for Children
``CHAPTER 101--HEALTH INSURANCE AVAILABILITY FOR CHILDREN
``Sec. 9901. Excise tax on failure to
meet requirement of access to
coverage.
``Sec. 9902. Requirement of access to
coverage.
``Sec. 9903. Definitions.
``SEC. 9901. EXCISE TAX ON FAILURE TO MEET REQUIREMENT OF ACCESS TO
COVERAGE.
``(a) Imposition of Tax.--There is hereby imposed a tax on the
failure of--
``(1) a group health plan to meet the coverage requirements
of section 9902(a); and
``(2) an insurer that offers health insurance coverage
(other than to a group health plan subject to paragraph (1)) to
meet the requirements of section 9902(b).
``(b) Amount of Tax.--
``(1) Group health plan.--
``(A) In general.--The amount of tax imposed by
subsection (a)(1) on any failure with respect to a
participant or beneficiary of a group health plan shall
be 25 percent of each premium received by the group
health plan for the plan year in which such failure
occurs.
``(B) Self-insured plans.--In the case that the
group health plan is self-insured, the cost to the plan
of the coverage of participants and beneficiaries shall
be treated as the premium received for the purposes of
subparagraph (A).
``(2) Insurer offering individual health insurance
coverage.--The amount of tax imposed by subsection (a)(2) on
any failure of an insurer with respect to an individual
described in paragraph (1) or (2) of section 9902(b) shall be
25 percent of the total amount of the premiums paid to the
insurer for such coverage for the plan year in which such
failure occurs.
``(c) Limitations on Amount of Tax.--
``(1) Tax not to apply where failure not discovered
exercising reasonable diligence.--No tax shall be imposed by
subsection (a) on any failure during any period for which it is
established to the satisfaction of the Secretary that none of
the persons referred to in subsection (e) knew, or exercising
reasonable diligence would have known, that such failure
existed.
``(2) Tax not to apply to failures corrected within 30
days.--No tax shall be imposed by subsection (a) on any failure
if--
``(A) such failure was due to reasonable cause and
not to willful neglect, and
``(B) such failure is corrected during the 30-day
period beginning on the 1st date any of the persons
referred to in subsection (e) knew, or exercising
reasonable diligence would have known, that such
failure existed.
``(3) Waiver.--In the case of a failure which is due to
reasonable cause and not to willful neglect, the Secretary may
waive part or all of the tax imposed by subsection (a) to the
extent that the payment of such tax would be excessive relative
to the failure involved.
``(d) Tax Not To Apply to Certain Plans.--This section shall not
apply to--
``(1) any governmental plan (within the meaning of section
414(d)), or
``(2) any church plan (within the meaning of section
414(e)).
``(e) Liability for Tax.--The following shall be responsible for
the tax imposed by subsection (a):
``(1) In the case of the tax imposed by subsection (a)(1)
on a group health plan, the plan.
``(2) In the case of the tax imposed by subsection (a)(2)
on an insurer offering health insurance coverage, the insurer.
``SEC. 9902. REQUIREMENT OF ACCESS TO COVERAGE.
``(a) Group Health Plans.--
``(1) In general.--Each group health plan that provides
coverage to any participant (or beneficiary) must offer
qualifying coverage for each qualifying young dependent of an
individual who is a participant or beneficiary under the plan.
``(2) Timing of offer.--The offer under paragraph (1) shall
be made at the time a person first becomes a qualifying young
dependent and at least annually thereafter.
``(b) Health Insurance Coverage.--Each insurer that offers health
insurance coverage in the individual market must offer qualifying
coverage for each individual who is under 21 years of age, residing in
the United States, and a citizen or national of the United States (or
alien permanently residing in the United States under color of law).
``(c) Qualifying Coverage.--For purposes of this section--
``(1) In general.--The term `qualifying coverage' means
coverage of health care benefits that provides for at least the
following benefits, without any limitation based on a pre-
existing condition with respect to such benefits and without
any waiting period for coverage with respect to such benefits:
``(A) Medicare benefits.--Benefits provided under
parts A and B of title XVIII of the Social Security
Act, or benefits determined to be actuarially
equivalent to (or greater than) such benefits; except
that in no case shall the coinsurance attributable to
benefits under part B of such title exceed (with
respect to provision of an item or service) the lesser
of $10 or 10 percent of the recognized payment amount
with respect to such item or service (determined
without regard to cost-sharing).
``(B) Well child care benefits.--
``(i) In general.--Payment for the
following items and services, without the
application of deductibles, coinsurance, and
copayments:
``(I) Newborn and well-baby care,
including normal newborn care and
pediatrician services for high-risk
deliveries.
``(II) Well-child care, including
routine office visits, routine
immunizations (including the vaccine
itself), routine laboratory tests, and
preventive dental care.
``(ii) Periodicity schedule.--The
Secretary, in consultation with the American
Academy of Pediatrics, shall establish a
schedule of periodicity for services described
in clause (i) which reflects the general,
appropriate frequency with which such services
should be provided to health children.
``(2) Managed care permitted.--Nothing in this section
shall be construed as limiting the providers through whom the
benefits described in paragraph (1) may be provided so long as
there is reasonable access to such benefits.
``(d) Qualifying Young Dependent.--For purposes of this section,
the term `qualifying young dependent' means an individual who is under
21 years of age, residing in the United States, is a citizen or
national of the United States (or alien permanently residing in the
United States under color of law), and a dependent (as defined in
section 152) of the individual.
``SEC. 9903. DEFINITIONS.
``In this chapter--
``(1) Group health plan.--The term `group health plan' has
the meaning given such term in section 5000(b)(1), but does not
include such a plan that has medical benefits that only consist
of coverage described in paragraph (2)(B).
``(2) Health insurance coverage.--
``(A) In general.--Except as provided in
subparagraph (B), the term `health insurance coverage'
means benefits consisting of medical care (provided
directly, through insurance or reimbursement, or
otherwise) under any hospital or medical service policy
or certificate, hospital or medical service plan
contract, or health maintenance organization group
contract offered by an insurer or a health maintenance
organization.
``(B) Exception.--Such term does not include
coverage under any separate policy, certificate, or
contract only for one or more of any of the following:
``(i) Coverage for accident, credit-only,
vision, disability income, long-term care,
nursing home care, community-based care dental,
on-site medical clinics, or employee assistance
programs, or any combination thereof.
``(ii) Medicare supplemental health
insurance (within the meaning of section
1882(g)(1) of the Social Security Act (42
U.S.C. 1395ss(g)(1))) and similar supplemental
coverage provided under a group health plan.
``(iii) Coverage issued as a supplement to
liability insurance.
``(iv) Liability insurance, including
general liability insurance and automobile
liability insurance.
``(v) Workers' compensation or similar
insurance.
``(vi) Automobile medical-payment
insurance.
``(vii) Coverage for a specified disease or
illness.
``(viii) Hospital or fixed indemnity
insurance.
``(ix) Short-term limited duration
insurance.
``(x) Such other coverage, comparable to
that described in previous clauses, as may be
specified in regulations prescribed under this
title.
``(3) Health maintenance organization.--The term `health
maintenance organization' means--
``(A) a federally qualified health maintenance
organization (as defined in section 1301(a) of the
Public Health Service Act (42 U.S.C. 300e(a))),
``(B) an organization recognized under State law as
a health maintenance organization, or
``(C) a similar organization regulated under State
law for solvency in the same manner and to the same
extent as such a health maintenance organization,
if it is subject to State law which regulates insurance (within
the meaning of section 514(b)(2) of the Employee Retirement
Income Security Act of 1974).
``(4) Insurer.--The term `insurer' means an insurance
company, insurance service, or insurance organization
(including a health maintenance organization) which is licensed
to engage in the business of insurance in a State and which is
subject to State law which regulates insurance (within the
meaning of section 514(b)(2)(A) of the Employee Retirement
Income Security Act of 1974).
``(5) Individual market.--The term `individual market'
means the market for health insurance coverage offered to
individuals and not to employers or in connection with a group
health plan and does not include the market for such coverage
issued only by an insurer that makes such coverage available
only on the basis of affiliation with an association.
``(6) Incorporation of certain definitions.--The terms
`beneficiary' and `participant' have the meanings given such
terms in section 3 of the Employee Retirement Income Security
Act of 1974.''.
(b) Clerical Amendment.--The table of contents for the Internal
Revenue Code of 1986 is amended by adding after the item relating to
subtitle K the following new item:
``Subtitle L. Health Insurance
Availability for Children.''
(c) Effective Date.--The requirement of section 9902 of the
Internal Revenue Code of 1986 (as added by subsection (a) of this
section) shall take effect on January 1, 1998, and shall apply to
coverage offered on or after such date regardless of whether the plan
year began before such date.
SEC. 3. REFUNDABLE TAX CREDIT FOR PURCHASE OF HEALTH COVERAGE FOR
CHILDREN.
(a) General Rule.--Subpart C of part IV of subchapter A of chapter
1 of the Internal Revenue Code of 1986 is amended by redesignating
section 35 as section 36 and by inserting after section 34 the
following new section:
``SEC. 35. PURCHASE OF HEALTH COVERAGE FOR CHILDREN.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to 80 percent of the qualified health
premiums paid in the taxable year by the taxpayer.
``(b) Application of Credit Against Tax Liability.--
``(1) In general.--The credit allowable under subsection
(a) shall be applied against tax liability at the rate of $0.50
of credit for each $1 of tax liability.
``(2) Tax liability.--For the purposes of paragraph (1),
the term `tax liability' means the excess (if any) of--
``(A) the sum of--
``(i) the tax imposed by this chapter for
the taxable year (reduced by the credits
allowable against such tax other than the
credits allowable under this subpart), and
``(ii) the taxpayer's social security taxes
for such taxable year, over
``(B) the credit allowed for the taxable year under
section 32.
``(3) Social security taxes.--For purposes of paragraph
(2)--
``(A) In general.--The term `social security taxes'
means, with respect to any taxpayer for any taxable
year--
``(i) the amount of the taxes imposed by
sections 3101 and 3201(a) on amounts received
by the taxpayer during the calendar year in
which the taxable year begins,
``(ii) one-half of the amount of the taxes
imposed by section 1401 on the self-employment
income of the taxpayer for the taxable year,
and
``(iii) one-half of the amount of the taxes
imposed by section 3211(a)(1) on amounts
received by the taxpayer during the calendar
year in which the taxable year begins.
``(B) Coordination with special refund of social
security taxes.--The term `social security taxes' shall
not include any taxes to the extent the taxpayer is
entitled to a special refund of such taxes under
section 6413(c).
``(C) Special rule.--Any amounts paid pursuant to
an agreement under section 3121(l) (relating to
agreements entered into by American employers with
respect to foreign affiliates) which are equivalent to
the taxes referred to in subparagraph (A)(i) shall be
treated as taxes referred to in such subparagraph.
``(c) Definitions.--For the purposes of this section--
``(1) Qualified health premium.--The term `qualified health
premium' means the amount paid for health coverage of a
qualifying young dependent.
``(2) Health coverage.--The term `health coverage' means
health insurance coverage (as defined by section 9902(b)) that
includes qualifying coverage (as defined by section 9902(c)).
``(3) Qualifying young dependent.--The term `qualifying
young dependent' has the meaning given such term by section
9902(d).''.
(b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 35 and inserting the following new items:
``Sec. 35. Purchase of health coverage
for children.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Children Health Insurance Act of 1996 - Amends the Internal Revenue Code, as amended by the Health Insurance Portability and Accountability Act of 1996, to: (1) require group health plans and health insurers to provide access to coverage for a participant's or beneficiary's qualifying children; and (2) impose a noncompliance excise tax.
Amends the Code to provide a tax credit for an individual who purchases child health care coverage. | {"src": "billsum_train", "title": "Children Health Insurance Act of 1996"} | 3,414 | 97 | 0.561128 | 1.213766 | 0.886146 | 2.674699 | 37.566265 | 0.86747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simple Savings Tax Relief Act of
2003''.
SEC. 2. EXEMPTION OF CERTAIN INTEREST INCOME FROM TAX.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to amounts specifically
excluded from gross income) is amended by inserting after section 115
the following new section:
``SEC. 116. PARTIAL EXCLUSION OF INTEREST RECEIVED BY INDIVIDUALS.
``(a) Exclusion From Gross Income.--Gross income does not include
interest otherwise includible in gross income which is received during
the taxable year by an individual.
``(b) Limitations.--
``(1) Maximum amount.--The aggregate amount excluded under
subsection (a) for any taxable year shall not exceed--
``(A) in the case of any taxable year beginning in
2004, $200 ($400 in the case of a joint return), and
``(B) in the case of any taxable year beginning
after 2004, $400 (twice such amount in the case of a
joint return).
``(2) Inflation adjustment.--In the case of any taxable
year beginning after 2005, the $400 amount contained in
paragraph (1)(B) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2004' for `calendar year
1992' in subparagraph (B) thereof.
If any increase under the preceding sentence is not a
multiple of $10, such increase shall be rounded to the
nearest multiple of $10.
``(c) Interest.--For purposes of this section, the term `interest'
means--
``(1) interest on deposits with a bank (as defined in
section 581),
``(2) amounts (whether or not designated as interest) paid
in respect of deposits, investment certificates, or
withdrawable or repurchasable shares, by--
``(A) a mutual savings bank, cooperative bank,
domestic building and loan association, industrial loan
association or bank, or credit union, or
``(B) any other savings or thrift institution which
is chartered and supervised under Federal or State law,
the deposits or accounts in which are insured under Federal or
State law or which are protected and guaranteed under State
law.
``(d) Certain Nonresident Aliens Ineligible for Exclusion.--For
purposes of this section, in the case of a nonresident alien
individual, subsection (a) shall apply only in determining the taxes
imposed for the taxable year pursuant to sections 871(b)(1) and
877(b).''.
(b) Conforming Amendments.--
(1) Subparagraph (C) of section 32(c)(5) of such Code is
amended by striking ``or'' at the end of clause (i), by
striking the period at the end of clause (ii) and inserting ``;
or'', and by inserting after clause (ii) the following new
clause:
``(iii) interest received during the
taxable year which is excluded from gross
income under section 116.''.
(2) Subparagraph (A) of section 32(i)(2) of such Code is
amended by inserting ``(determined without regard to section
116)'' before the comma.
(3) Subparagraph (B) of section 86(b)(2) of such Code is
amended to read as follows:
``(B) increased by the sum of--
``(i) the amount of interest received or
accrued by the taxpayer during the taxable year
which is exempt from tax, and
``(ii) the amount of interest received
during the taxable year which is excluded from
gross income under section 116.''.
(4) Subsection (d) of section 135 of such Code is amended
by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Coordination with section 116.--This section shall be
applied before section 116.''.
(5) Paragraph (2) of section 265(a) of such Code is amended
by inserting before the period ``, or to purchase or carry
obligations or shares, or to make deposits, to the extent the
interest thereon is excludable from gross income under section
116''.
(6) Subsection (c) of section 584 of such Code is amended
by adding at the end the following new flush sentence:
``The proportionate share of each participant in the amount of interest
received by the common trust fund and to which section 116 applies
shall be considered for purposes of such section as having been
received by such participant.''.
(7) Subsection (a) of section 643 of such Code is amended
by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Interest.--There shall be included the amount of any
interest excluded from gross income pursuant to section 116.''.
(8) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 115 the following new item:
``Sec. 116. Partial exclusion of
dividends and interest received
by individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Simple Savings Tax Relief Act of 2003 - Amends the Internal Revenue Code to exclude from gross income up to $400 (twice such amount on a joint return) of interest income annually. Provides for an inflation adjustment to such amount. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from gross income certain interest amounts received by individuals."} | 1,256 | 53 | 0.53353 | 1.174464 | 1.013958 | 2.844444 | 25.444444 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teaching Geography Is Fundamental
Act''.
SEC. 2. GEOGRAPHY EDUCATION.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended--
(1) by redesignating part C (20 U.S.C. 1041) as part D;
(2) by redesignating section 261 (20 U.S.C. 1041) as
section 291; and
(3) by inserting after part B (20 U.S.C. 1031 et seq.) the
following:
``PART C--GEOGRAPHY EDUCATION
``SEC. 261. FINDINGS.
``Congress makes the following findings:
``(1) The economic stature and competitiveness of the
United States requires increasingly sophisticated levels of
geographic knowledge and mastery of geographic tools.
``(2) It is estimated that the United States geospatial
industry generated $73,000,000,000 in revenue last year, with
500,000 high-wage jobs and that the industry is growing at
between 25-30 percent per year. This burgeoning industry will
not be able to maximize its growth potential without a
sustained Federal investment in geography education.
``(3) A 2012 report by a Council on Foreign Relations task
force, U.S. Education Reform and National Security, states that
the lack of global awareness among United States citizens
increasingly jeopardizes their ability to interact with local
and global peers, or participate meaningfully in business,
diplomatic, and military situations.
``(4) Geographic literacy is essential to a well prepared
citizenry in the 21st century because geographic factors assume
greater importance as the world's economies, societies, and
political structures grow more global in scale.
``(5) The 2010 National Assessment of Educational Progress
in geography shows that fewer than 30 percent of students
tested in grades 4, 8, and 12 scored at grade-level or above.
These scores have stayed the same or gotten worse, since the
last time the test was administered in 2001.
``(6) The National Academy of Sciences urged creation of a
national program to improve the geographic competence of the
United States general population and the school age population.
``(7) Geography is one of the `core academic subjects'
defined under the Elementary and Secondary Education Act of
1965.
``(8) A recent National Geographic Society survey found
that all 50 States and the District of Columbia recognize
geography in their curricula or content standards, and an
increasing number require geography for graduation and include
geography in mandated statewide assessments.
``(9) Seven of 10 educators responding to a National
Geographic survey felt their professional development
opportunities in geography were inadequate and half believed
their schools had inadequate basic materials for teaching
geography.
``(10) The National Geographic Society has spent more than
25 years pioneering an extraordinarily effective national
program for improving the teaching of geography by engaging
university faculty geographers and highly trained teachers in
State Geographic Alliances dedicated to providing high-quality
professional development opportunities for kindergarten through
grade 12 teachers.
``(11) More than 80 colleges and universities in all 50
States have received grants from the National Geographic
Society to support State Geographic Alliances and their
professional development programs. Alliance-trained
kindergarten through grade 12 teachers and their higher
education partners conduct workshops, develop localized
teaching materials, and facilitate communication among
thousands of teachers whose responsibilities include teaching
of geography in various formats and grade levels.
``(12) A study by Mid-continent Research for Education and
Learning that assessed student academic achievement in
geography on the National Assessment of Educational Progress
showed that students taught by Alliance-trained teachers
outperformed other students by almost 10 percent.
``(13) We live in a changing world with multiple and
evolving threats to national security, including terrorism,
asymmetrical warfare, and social unrest. As the nature of the
threat evolves, so do the tools, knowledge, and skills needed
to respond. A 2013 National Academies report states that it is
likely that qualified GIS (Geography Information Systems) and
remote sensing experts are already hard to find. Long before
2030, competition and a small number of graduates will likely
result in shortages in all emerging areas and in the core areas
of cartography, photogrammetry, and geodesy.
``SEC. 262. PURPOSE AND OBJECTIVES.
``(a) Purpose.--The purpose of this part is to--
``(1) promote geographic literacy and improved
understanding of global cultures among kindergarten through
grade 12 students by expanding programs that employ the
geographic knowledge and expertise of faculty members in
institutions of higher education for the benefit of
kindergarten through grade 12 teachers; and
``(2) otherwise advance geographic literacy.
``(b) Objectives.--The objectives of this part are the following:
``(1) To increase students' knowledge of, and achievement
in, standards-based geography to enable the students to become
better informed and more productive citizens.
``(2) To increase the number of highly qualified teachers
of United States and world geography and to enable the
teachers--
``(A) to improve student mastery of geographic
principles; and
``(B) to increase practical applications of those
principles.
``(3) To encourage geographic education research, to
develop and disseminate effective instructional materials, and
to promote replication of best practices and exemplary programs
that foster geographic literacy.
``(4) To assist States in measuring the impact of education
in geography.
``(5) To leverage and expand private and public support for
geography education partnerships at national, State, and local
levels.
``SEC. 263. GRANT PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award a grant to
a national nonprofit education organization or a consortium of national
nonprofit education organizations (referred to in this part as an
`eligible entity') that has as its primary purpose the improvement of
the quality of student understanding of geography through effective
teaching of geography in the Nation's classrooms.
``(b) Application.--An eligible entity that desires a grant under
this part shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary may
require.
``SEC. 264. USE OF FUNDS.
``(a) Direct Activities.--An eligible entity that receives a grant
under this part shall use not more than 25 percent of the funds made
available through the grant for a fiscal year to--
``(1) strengthen and expand the eligible entity's
relationships with institutions of higher education and with
State and local agencies and other public and private
organizations with a commitment to geography education and the
benefits of geography education;
``(2) support and promote research-based training of
teachers of geography and related disciplines in kindergarten
through grade 12 as a means of broadening student knowledge of
the world, including the dissemination of information on
effective practices and research findings concerning the
teaching of geography;
``(3) support research on effective geography teaching
practices and the development of assessment instruments and
strategies to document student understanding of geography;
``(4) convene national conferences on geography education
to assess the current State of geographic literacy and to
identify strategies for improvement; and
``(5) develop and disseminate appropriate research-based
materials to foster geographic literacy.
``(b) Subgrants.--
``(1) In general.--An eligible entity that receives a grant
under this part shall use not more than 75 percent of the funds
made available through the grant for a fiscal year to award
subgrants to eligible recipients.
``(2) Eligible recipient defined.--In this part, the term
`eligible recipient' means an institution of higher education
associated with--
``(A) a State geographic alliance;
``(B) a nonprofit educational organization;
``(C) a State educational agency or local
educational agency; or
``(D) a partnership between or among an alliance,
organization, or agency described in subparagraph (A),
(B) or (C).
``(3) Eligible recipient applications.--
``(A) Submission.--An eligible recipient that
desires to receive a subgrant under this part shall
submit an application to the eligible entity at such
time, in such manner, and accompanied by such
information as the eligible entity may require.
``(B) Review.--
``(i) In general.--The eligible entity
shall invite individuals described in clause
(ii) to review all applications from eligible
recipients for a subgrant under this part and
to make recommendations to the eligible entity
regarding the approval of the applications.
``(ii) Reviewers.--The individuals the
eligible entity shall invite to review
applications are the following:
``(I) Leaders in the field of
geography education.
``(II) Such other individuals as
the eligible entity may determine are
necessary or desirable.
``(4) Subgrant uses of funds.--An eligible recipient that
receives a subgrant under this part shall use the subgrant
funds for 1 or more of the following activities:
``(A) Conducting teacher training programs that use
effective and research-based approaches to the teaching
of geography at the kindergarten through grade 12
level.
``(B) Applying Geographic Information System (GIS)
or other geographic technological tools to the teaching
of geography.
``(C) Applying Internet and other distance learning
technology to the teaching of geography or to the
continuing education of teachers.
``(D) Promoting rigorous academic standards and
assessment techniques to guide and measure student
performance in geography.
``(E) Promoting research in geography education,
emphasizing research that leads to improving student
achievement.
``(F) Carrying out local, field-based activities
for teachers and students to improve their knowledge of
the concepts and tools of geography while enhancing
understanding of their home region.
``(G) Promoting comparative studies of world
cultures, economies, and environments.
``(H) Encouraging replication of best practices and
model programs to promote geographic literacy.
``(I) Developing and disseminating effective,
research-based geography learning materials.
``(J) Convening State-based conferences to assess
the state of geographic literacy and to identify
strategies for improvement.
``(5) Matching requirements.--
``(A) In general.--In order to be eligible to
receive a subgrant under this part, an eligible
recipient shall provide assurances in the application
submitted under paragraph (3) to provide matching funds
as described in subparagraph (B) towards the costs of
the activities assisted under the subgrant.
``(B) Amount.--An eligible recipient shall provide
matching funds in an amount equal to 20 percent of the
subgrant funds received under this part for the second
and each succeeding fiscal year for which subgrant
funds are received.
``(C) Source of matching funds.--Matching funds may
be provided in cash or in kind, fairly evaluated,
including facilities, staffing salaries, and
educational materials.
``SEC. 265. ADMINISTRATIVE COSTS.
``An eligible entity that receives a grant under this part for a
fiscal year, and each eligible recipient receiving a subgrant under
this part for a fiscal year, may use not more than 15 percent of the
funds made available through the grant or subgrant, respectively, for
administrative costs.
``SEC. 266. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$15,000,000 for fiscal year 2014 and each of the 4 succeeding fiscal
years.''. | Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II (Teacher Quality Enhancement). Authorizes the Secretary of Education to award a grant to a national nonprofit education organization or consortium, with 75% to be used for matching subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies. Requires program participants to use their grants and subgrants to enhance the geographic literacy of students in kindergarten through grade 12 by supporting specified activities, including: (1) educational research; (2) teacher training; (3) the development of effective teaching tools and learning materials; (4) the application of rigorous academic standards and assessment techniques; (5) comparative studies of world cultures, economies, and environments; and (6) the exchange of information regarding the state of geographic literacy and strategies for its improvement. | {"src": "billsum_train", "title": "Teaching Geography Is Fundamental Act"} | 2,520 | 193 | 0.436579 | 1.348577 | 0.731747 | 2.567416 | 13.679775 | 0.938202 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class College Tuition Tax
Credit Expansion Act of 2008''.
SEC. 2. QUALIFIED TUITION AND RELATED EXPENSES CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
(relating to Hope and Lifetime Learning Credits) is amended to read as
follows:
``SEC. 25A. QUALIFIED TUITION AND RELATED EXPENSES CREDIT.
``(a) Allowance of Credit.--In the case of any eligible individual
for whom an election is in effect under this section, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 50 percent of so much of the qualified
tuition and related expenses paid by the taxpayer during the taxable
year (for education furnished to the eligible individual during any
academic period beginning in such taxable year) as does not exceed
$10,000.
``(b) Limitations.--
``(1) Modified adjusted gross income limitation.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) for the taxable year shall be reduced (but not
below zero) by the amount determined under paragraph
(2).
``(B) Amount of reduction.--The amount determined
under this paragraph is the amount which bears the same
ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) the applicable amount under
paragraph (4), bears to
``(ii) $5,000 ($10,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(D) Applicable amount.--The applicable amount
under this subparagraph is--
``(i) in the case of a joint return, 200
percent of the dollar amount in effect under
subparagraph (B) for the taxable year, and
``(ii) in any other case, $100,000.
``(2) Credit allowed for only 4 taxable years.--An election
to have this section apply with respect to any eligible
individual may not be made for any taxable year if such an
election (by the taxpayer or any other individual) is in effect
with respect to such individual for any 4 prior taxable years.
``(c) Definitions.--For purposes of this section--
``(1) Eligible individual.--The term `eligible individual'
means any individual described in paragraph (2).
``(2) Qualified tuition and related expenses.--
``(A) In general.--The term `qualified tuition and
related expenses' means tuition and fees required for
the enrollment or attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151, at an eligible
educational institution for courses of
instruction of such individual at such
institution.
``(B) Books.--Such term shall include books
required for such individual's academic courses of
instruction at the eligible educational institution.
``(C) Exception for education involving sports,
etc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies, unless such course or other
education is part of the individual's degree program.
``(D) Exception for nonacademic fees.--Such term
does not include student activity fees, athletic fees,
insurance expenses, or other expenses unrelated to an
individual's academic course of instruction.
``(3) Eligible educational institution.--The term `eligible
educational institution' means an institution--
``(A) which is described in section 481 of the
Higher Education Act of 1965, as in effect on the date
of the enactment of the Taxpayer Relief Act of 1997,
and
``(B) which is eligible to participate in a program
under title IV of the Higher Education Act of 1965.
``(d) Special Rules.--
``(1) Identification requirement.--No credit shall be
allowed under subsection (a) to a taxpayer with respect to an
eligible student unless the taxpayer includes the name and
taxpayer identification number of such student on the return of
tax for the taxable year.
``(2) Adjustment for certain scholarships.--The amount of
qualified tuition and related expenses otherwise taken into
account under subsection (a) with respect to an individual for
an academic period shall be reduced (before the application of
subsections (a) and (b)) by the sum of any amounts paid for the
benefit of such individual which are allocable to such period
as--
``(A) a qualified scholarship which is excludable
from gross income under section 117,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or under chapter 1606 of title 10, United
States Code, and
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for such student's educational expenses, or
attributable to such individual's enrollment at an
eligible educational institution, which is excludable
from gross income under any law of the United States.
``(3) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins--
``(A) no credit shall be allowed under subsection
(a) to such individual for such individual's taxable
year, and
``(B) qualified tuition and related expenses paid
by such individual during such individual's taxable
year shall be treated for purposes of this section as
paid by such other taxpayer.
``(4) Treatment of certain prepayments.--If qualified
tuition and related expenses are paid by the taxpayer during a
taxable year for an academic period which begins during the
first 3 months following such taxable year, such academic
period shall be treated for purposes of this section as
beginning during such taxable year.
``(5) Denial of double benefit.--No credit shall be allowed
under this section for any expense for which deduction is
allowed under any other provision of this chapter.
``(6) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(7) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2009, the $100,000 amount in subsection (b)(1)(D)(ii)
shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2008' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $1,000, such amount shall be rounded
to the next lowest multiple of $1,000.
``(f) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any expense which was taken into account in determining the amount
of such credit.''.
(b) Repeal of Deduction for Qualified Tuition and Related
Expenses.--Part VII of subchapter B of chapter 1 of such Code (relating
to additional itemized deductions for individuals) is amended by
striking section 222.
(c) Conforming Amendments.--(1) Section 62(a) of such Code is
amended by striking paragraph (18).
(2) Subparagraph (A) of section 86(b)(2) of such Code is amended by
striking ``, 222''.
(3) Subparagraph (B) of section 72(t)(7) of such Code is amended by
striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''.
(4) Subparagraph (A) of section 135(c)(4) of such Code is amended
by striking ``, 222''.
(5) Subparagraph (A) of section 137(b)(3) of such Code is amended
by striking ``, 222''.
(6) Subparagraph (A) of section 199(d)(2) of such Code is amended
by striking ``, 222''.
(7) Clause (ii) of section 219(g)(3)(A) of such Code is amended by
striking ``, 222''.
(8) Clause (i) of section 221(b)(2)(C) of such Code is amended by
striking ``, 222''.
(9) Clause (iii) of section 469(i)(3)(F) of such Code is amended by
striking ``221, and 222'' and inserting ``and 221''.
(10) Subsection (d) of section 221 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in paragraph (2)(B)
and inserting ``section 25A(d)(2)'', and
(B) by striking ``section 25A(f)(2)'' in the second
sentence of paragraph (2) and inserting ``section 25A(c)(3)''.
(11) Paragraph (3) of section 221(d) of such Code is amended to
read as follows:
``(3) Eligible student.--The term `eligible student' means,
with respect to any academic period, a student who--
``(A) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)), as in effect on the date of the enactment
of the Taxpayer Relief Act of 1997, and
``(B) is carrying at least \1/2\ the normal full-
time workload for the course of study the student is
pursuing.''.
(12) Subclause (I) of section 529(c)(3)(B)(v) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''.
(13) Clause (i) of section 529(e)(3)(B) of such Code is amended by
striking ``section 25A(b)(3)'' and inserting ``section 221(d)(3)''.
(14) Subclause (I) of section 530(d)(2)(C)(i) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting ``section
25A(d)(2)''.
(15) Clause (iii) of section 530(d)(4)(B) of such Code is amended
by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''.
(16) Section 1400O of such Code is amended by adding at the end the
following flush sentence:
``For purposes of this section, any reference to section 25A shall be
treated as a reference to such section as in effect on the day before
the date of the enactment of this sentence.''.
(17) Subparagraph (J) of section 6213(g)(2) of such Code is amended
by striking ``section 25A(g)(1)'' and inserting ``section 25A(d)(1)''.
(d) Clerical Amendments.--(1) The table of sections for subpart A
of part IV of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 25A and inserting the following:
``25A. Qualified tuition and related expenses credit.''.
(2) The table of sections for part VII of subchapter B of chapter 1
of such Code is amended by striking the item relating to section 222.
(e) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2008, for education furnished
in academic periods beginning after such date. | Middle Class College Tuition Tax Credit Expansion Act of 2008 - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a tax credit for 50% of qualified tuition and related expenses (including required books), up to $10,000, for attendance at an institution of higher education. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to consolidate the current education tax incentives as one credit against income tax for qualified tuition and related expenses."} | 2,952 | 65 | 0.519782 | 1.206381 | 0.490858 | 2.457627 | 43.677966 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Foreign Intelligence
Surveillance to Defend the Nation and the Constitution Act of 2007''.
SEC. 2. PURPOSE.
The purpose of this Act is to facilitate the acquisition of foreign
intelligence information by providing for the electronic surveillance
of persons reasonably believed to be outside the United States pursuant
to methodologies proposed by the Attorney General, reviewed by the
Foreign Intelligence Surveillance Court, and applied by the Attorney
General without further court approval, unless otherwise required under
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).
SEC. 3. ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ELECTRONIC
SURVEILLANCE.
(a) In General.--The Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended by inserting after section 105 the
following:
``clarification of electronic surveillance of persons outside the
united states
``Sec. 105A. Notwithstanding any other provision of this Act, a
court order is not required for the acquisition of the contents of any
communication between persons that are not located within the United
States for the purpose of collecting foreign intelligence information,
without respect to whether the communication passes through the United
States or the surveillance device is located within the United States.
``additional procedure for authorizing certain electronic surveillance
``Sec. 105B. (a) In General.--Notwithstanding any other provision
of this title, the Attorney General, upon the authorization of the
President, may apply to a judge of the court established under section
103(a) for an ex parte order, or an extension of an order, authorizing
electronic surveillance for periods of not more than 1 year, for the
purpose of acquiring foreign intelligence information, in accordance
with this section.
``(b) Application.--
``(1) Specific persons and places not required.--An
application for an order, or extension of an order, submitted
under subsection (a) shall not be required to identify--
``(A) the persons, other than a foreign power,
against whom electronic surveillance will be directed;
or
``(B) the specific facilities, places, premises, or
property at which the electronic surveillance will be
directed.
``(2) Contents.--An application for an order, or extension
of an order, submitted under subsection (a) shall include--
``(A) a statement that the electronic surveillance
is directed at persons reasonably believed to be
outside the United States;
``(B) the identity of the Federal officer seeking
to conduct such electronic surveillance;
``(C) a description of--
``(i) the methods to be used by the
Attorney General to determine, during the
duration of the order, that there is a
reasonable belief that the targets of the
electronic surveillance are persons outside the
United States; and
``(ii) the procedures to audit the
implementation of the methods described in
clause (i) to achieve the objective described
in that clause;
``(D) a description of the nature of the
information sought, including the identity of any
foreign power against whom electronic surveillance will
be directed; and
``(E) a statement of the means by which the
electronic surveillance will be effected and such other
information about the surveillance techniques to be
used as may be necessary to assess the proposed
minimization procedures.
``(c) Application Approval; Order.--
``(1) Application approval.--A judge considering an
application for an order, or extension of an order, submitted
under subsection (a) shall approve such application if the
Attorney General certifies in writing under oath, and the judge
upon consideration of the application determines, that--
``(A) the acquisition does not constitute
electronic surveillance within the meaning of paragraph
(1) or (3) of section 101(f);
``(B) the methods described by the Attorney General
under subsection (b)(2)(B)(i) are reasonably designed
to determine whether the persons are outside the United
States;
``(C) a significant purpose of the electronic
surveillance is to obtain foreign intelligence
information; and
``(D) the proposed minimization procedures meet the
definition of minimization procedures under section
101(h).
``(2) Order.--A judge approving an application pursuant to
paragraph (1) shall issue an order that--
``(A) authorizes electronic surveillance as
requested, or as modified by the judge;
``(B) requires a communications service provider,
custodian, or other person who has the lawful authority
to access the information, facilities, or technical
assistance necessary to accomplish the electronic
surveillance, upon the request of the applicant, to
furnish the applicant forthwith with such information,
facilities, or technical assistance in a manner that
will protect the secrecy of the electronic surveillance
and produce a minimum of interference with the services
that provider, custodian, or other person is providing
the target of electronic surveillance;
``(C) requires such communications service
provider, custodian, or other person, upon the request
of the applicant, to maintain under security procedures
approved by the Attorney General and the Director of
National Intelligence any records concerning the
acquisition or the aid furnished;
``(D) directs the Federal Government to compensate,
at the prevailing rate, a person for providing
information, facilities, or assistance pursuant to such
order; and
``(E) directs the applicant to follow the
minimization procedures as proposed or as modified by
the court.
``(3) Assessment of compliance with minimization
procedures.--At or before the end of the period of time for
which electronic surveillance is approved by an order or an
extension under this section, the judge may assess compliance
with the minimization procedures by reviewing the circumstances
under which information concerning United States persons was
acquired, retained, or disseminated.
``(d) Guidelines for Surveillance of United States Persons.--Not
later than 15 days after the date of the enactment of this section, the
Attorney General shall establish guidelines that are reasonably
designed to ensure that an application is filed under section 104, if
otherwise required by this Act, when the Attorney General seeks to
initiate electronic surveillance, or continue electronic surveillance
that began under this section, of a United States person.
``(e) Submission of Orders, Guidelines, and Audits.--
``(1) Orders.--Upon the entry of an order under subsection
(c)(2), the Attorney General shall submit to the appropriate
committees of Congress such order.
``(2) Guidelines.--Upon the establishment of the guidelines
under subsection (d), the Attorney General shall submit to the
appropriate committees of Congress and the court established
under section 103(a) such guidelines.
``(3) Audits.--Not later than 60 days after the date of the
enactment of this section, and every 60 days thereafter until
the expiration of all orders issued under this section, the
Inspector General of the Department of Justice shall complete
an audit on the compliance with the guidelines established
under subsection (d) and shall submit to the appropriate
committees of Congress, the Attorney General, the Director of
National Intelligence, and the court established under section
103(a)--
``(A) the results of such audit;
``(B) a list of any targets of electronic
surveillance under this section determined to be in the
United States; and
``(C) the number of persons in the United States
whose communications have been intercepted under this
section.
``(f) Immediate Emergency Authorization.--
``(1) In general.--Notwithstanding any other provision of
this title, during the first 15 days following the date of the
enactment of this section, upon the authorization of the
President, the Attorney General may authorize electronic
surveillance without a court order under this title until the
date that is 15 days after the date on which the Attorney
General authorizes such electronic surveillance if the Attorney
General determines--
``(A) that an emergency situation exists with
respect to the employment of electronic surveillance to
obtain foreign intelligence information before an order
authorizing such surveillance can with due diligence be
obtained; and
``(B) the electronic surveillance will be directed
at persons reasonably believed to be outside the United
States.
``(2) Pending order.--
``(A) Initial extension.--If at the end of the
period in which the Attorney General authorizes
electronic surveillance under paragraph (1), the
Attorney General has submitted an application for an
order under subsection (a) but the court referred to in
section 103(a) has not approved or disapproved such
application, such court may authorize the Attorney
General to extend the emergency authorization of
electronic surveillance under paragraph (1) for not
more than 15 days.
``(B) Subsequent extension.--If at the end of the
extension of the emergency authorization of electronic
surveillance under subparagraph (A) the court referred
to in section 103(a) has not approved or disapproved
the application referred to in subparagraph (A), such
court may authorize the Attorney General to extend the
emergency authorization of electronic surveillance
under paragraph (1) for not more than 15 days.
``(3) Maximum length of authorization.--Notwithstanding
paragraphs (1) and (2), in no case shall electronic
surveillance be authorized under this subsection for a total of
more than 45 days without a court order under this title.
``(4) Minimization procedures.--The Attorney General shall
ensure that any electronic surveillance conducted pursuant to
paragraph (1) or (2) is in accordance with minimization
procedures that meet the definition of minimization procedures
in section 101(h).
``(5) Information, facilities, and technical assistance.--
Pursuant to an authorization of electronic surveillance under
this subsection, the Attorney General may direct a
communications service provider, custodian, or other person who
has the lawful authority to access the information, facilities,
or technical assistance necessary to accomplish such electronic
surveillance to--
``(A) furnish the Attorney General forthwith with
such information, facilities, or technical assistance
in a manner that will protect the secrecy of the
electronic surveillance and produce a minimum of
interference with the services that provider,
custodian, or other person is providing the target of
electronic surveillance; and
``(B) maintain under security procedures approved
by the Attorney General and the Director of National
Intelligence any records concerning the acquisition or
the aid furnished.
``(g) Prohibition on Liability for Providing Assistance.--Section
105(i), relating to protection from liability for the furnishing of
information, facilities, or technical assistance pursuant to a court
order under this Act, shall apply to this section.
``(h) Effect of Section on Other Authorities.--The authority under
this section is in addition to the authority to conduct electronic
surveillance under sections 104 and 105.
``(i) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate; and
``(2) the Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of
Representatives.''.
(b) Technical and Conforming Amendment.--The table of contents in
the first section of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended by inserting after the item
relating to section 105 the following:
``Sec. 105A. Clarification of electronic surveillance of persons
outside the United States.
``Sec. 105B. Additional procedure for authorizing certain electronic
surveillance.''.
(c) Sunset.--
(1) In general.--Except as provided in paragraph (2),
effective on the date that is 120 days after the date of the
enactment of this Act, sections 105A and 105B of the Foreign
Intelligence Surveillance Act of 1978, as added by subsection
(a), are hereby repealed.
(2) Exception.--Any order under section 105B of the Foreign
Intelligence Surveillance Act of 1978, as added by this Act, in
effect on such date that is 120 days after the date of the
enactment of this Act, shall continue in effect until the date
of the expiration of such order. | Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for the acquisition of communication between non-U.S. persons who are not located within the United States for collecting foreign intelligence information, whether or not the communication passes through the United States or the surveillance device is located within the United States.
Allows the Attorney General (AG), upon authorization of the President, to apply to the Foreign Intelligence Surveillance Court (Court) for an order, or the extension of an order, authorizing for up to one year the acquisition of communications of persons outside the United States who are non-U.S. persons. Allows the AG to authorize such surveillance without a court order for up to 15 days if the AG determines that an emergency situation exists with respect to obtaining such information before an order authorizing the surveillance can be obtained. Authorizes the AG, in either case, to direct a communications service provider, custodian, or other person who has access to such information to furnish the AG with the required information and to maintain appropriate records concerning acquisition of the information. | {"src": "billsum_train", "title": "To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain electronic surveillance."} | 2,718 | 270 | 0.580202 | 1.625078 | 0.880642 | 4.00885 | 11.234513 | 0.902655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copyright Technical Corrections Act
of 2001''.
SEC. 2. CORRECTIONS TO 1999 ACT.
Title I of the Intellectual Property and Communications Omnibus
Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-
113, is amended as follows:
(1) Section 1007 is amended--
(A) in paragraph (2), by striking ``paragraph (2)''
and inserting ``paragraph (2)(A)''; and
(B) in paragraph (3), by striking ``1005(e)'' and
inserting ``1005(d)''.
(2) Section 1006(b) is amended by striking
``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''.
(3)(A) Section 1006(a) is amended--
(i) in paragraph (1), by adding ``and'' after the
semicolon;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph
(2).
(B) Section 1011(b)(2)(A) is amended to read as follows:
``(A) in paragraph (1), by striking `primary
transmission made by a superstation and embodying a
performance or display of a work' and inserting
`performance or display of a work embodied in a primary
transmission made by a superstation or by the Public
Broadcasting Service satellite feed';''.
SEC. 3. AMENDMENTS TO TITLE 17, UNITED STATES CODE.
Title 17, United States Code, is amended as follows:
(1) Section 119(a)(6) is amended by striking ``of
performance'' and inserting ``of a performance''.
(2)(A) The section heading for section 122 is amended by
striking ``rights; secondary'' and inserting ``rights:
Secondary''.
(B) The item relating to section 122 in the table of
contents for chapter 1 is amended to read as follows:
``122. Limitations on exclusive rights: Secondary transmissions by
satellite carriers within local markets.''.
(3)(A) The section heading for section 121 is amended by
striking ``reproduction'' and inserting ``Reproduction''.
(B) The item relating to section 121 in the table of
contents for chapter 1 is amended by striking ``reproduction''
and inserting ``Reproduction''.
(4)(A) Section 106 is amended by striking ``107 through
121'' and inserting ``107 through 122''.
(B) Section 501(a) is amended by striking ``106 through
121'' and inserting ``106 through 122''.
(C) Section 511(a) is amended by striking ``106 through
121'' and inserting ``106 through 122''.
(5) Section 101 is amended--
(A) by moving the definition of ``computer
program'' so that it appears after the definition of
``compilation''; and
(B) by moving the definition of ``registration'' so
that it appears after the definition of ``publicly''.
(6) Section 110(4)(B) is amended in the matter preceding
clause (i) by striking ``conditions;'' and inserting
``conditions:''.
(7) Section 118(b)(1) is amended in the second sentence by
striking ``to it''.
(8) Section 119(b)(1)(A) is amended--
(A) by striking ``transmitted'' and inserting
``retransmitted''; and
(B) by striking ``transmissions'' and inserting
``retransmissions''.
(9) Section 203(a)(2) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) the'' and inserting
``(A) The''; and
(ii) by striking the semicolon at the end
and inserting a period;
(B) in subparagraph (B)--
(i) by striking ``(B) the'' and inserting
``(B) The''; and
(ii) by striking the semicolon at the end
and inserting a period; and
(C) in subparagraph (C), by striking ``(C) the''
and inserting ``(C) The''.
(10) Section 304(c)(2) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) the'' and inserting
``(A) The''; and
(ii) by striking the semicolon at the end
and inserting a period;
(B) in subparagraph (B)--
(i) by striking ``(B) the'' and inserting
``(B) The''; and
(ii) by striking the semicolon at the end
and inserting a period; and
(C) in subparagraph (C), by striking ``(C) the''
and inserting ``(C) The''.
(11) The item relating to section 903 in the table of
contents for chapter 9 is amended by striking ``licensure'' and
inserting ``licensing''.
SEC. 4. OTHER AMENDMENTS.
(a) Amendment to Title 18.--Section 2319(e)(2) of title 18, United
States Code, is amended by striking ``107 through 120'' and inserting
``107 through 122''.
(b) Standard Reference Data.--(1) Section 105(f) of Public Law 94-
553 is amended by striking ``section 290(e) of title 15'' and inserting
``section 6 of the Standard Reference Data Act (15 U.S.C. 290e)''.
(2) Section 6(a) of the Standard Reference Data Act (15 U.S.C.
290e) is amended by striking ``Notwithstanding'' and all that follows
through ``United States Code,'' and inserting ``Notwithstanding the
limitations under section 105 of title 17, United States Code,''. | Copyright Technical Corrections Act of 2001 - Makes technical amendments to the Intellectual Property and Communications Omnibus Reform Act of 1999 and other copyright law. | {"src": "billsum_train", "title": "To make technical corrections in copyright law."} | 1,432 | 34 | 0.449935 | 1.042326 | 0.530441 | 3.153846 | 46.538462 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Silvio O. Conte Disabilities
Prevention Act''.
SEC. 2. ESTABLISHMENT OF SILVIO O. CONTE DISABILITIES PREVENTION
PROGRAM.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 314 the following new
section:
``silvio o. conte disabilities prevention program
``Sec. 315. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may make
grants to and enter into contracts with public and nonprofit private
entities for the purpose of carrying out programs for the prevention of
disabilities and the prevention of secondary conditions resulting from
disabilities.
``(b) Certain Authorized Activities.--With respect to the
prevention of disabilities and conditions described in subsection (a),
activities for which the Secretary may provide financial assistance
under such subsection include--
``(1) coordinating prevention activities;
``(2) conducting demonstrations and interventions;
``(3) conducting surveillances and studies;
``(4) educating the public; and
``(5) educating and training health professionals
(including allied health professionals) and conducting
activities to improve the clinical skills of such
professionals.
``(c) Priorities.--The Secretary, in consultation with the National
Council on Disabilities, shall establish priorities among the
activities that are to be carried out under subsection (a).
``(d) Reports to Secretary.--The Secretary may provide financial
assistance under subsection (a) only if the applicant involved agrees
to submit to the Secretary such reports as the Secretary may require
with respect to such assistance.
``(e) Application for Assistance.--The Secretary may provide
financial assistance under subsection (a) only if an application for
such assistance is submitted to the Secretary and the application is in
such form, is made in such manner, and contains such agreements,
assurances, and information as the Secretary determines to be necessary
to carry out this section.
``(f) Limitation Regarding Education of Health Professionals.--In
providing financial assistance under subsection (a), the Secretary may
not, for activities described in subsection (b)(5), obligated more than
10 percent of the amounts appropriated under subsection (k) for any
fiscal year.
``(g) Technical Assistance.--The Secretary may provide training,
technical assistance, and consultations with respect to the planning,
development, and operation of any program for the prevention of
disabilities or the prevention of secondary conditions resulting from
disabilities.
``(h) Provision of Supplies and Services in Lieu of Funds.--
``(1) In general.--Upon the request of a recipient of
financial assistance under subsection (a), the Secretary may,
subject to paragraph (2), provide supplies, equipment, and
services for the purpose of aiding the recipient in carrying
out such subsection and, for such purpose, may detail to the
recipient any officer or employee of the Department of Health
and Human Services.
``(2) Corresponding reduction in payments.--With respect to
a request by a recipient for purposes of paragraph (1), the
Secretary shall reduce the amount of payments under subsection
(a) to the recipient by an amount equal to the costs of
detailing personnel (including pay, allowances, and travel
expenses) and the fair market value of any supplies, equipment,
or services provided by the Secretary. The Secretary shall, for
the payment of expenses incurred in complying with such
request, expend the amounts withheld.
``(i) Evaluations and Reports.--
``(1) Evaluations.--The Secretary shall, directly or
through contracts with public or private entities, provide for
evaluations of programs carried out pursuant to subsection (a).
``(2) Reports.--Not later than January 31 of 1995 and of
every second year thereafter, the Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives, and to the Committee on Labor and Human
Resources of the Senate, a report summarizing evaluations
carried out pursuant to paragraph (1). The Secretary shall
provide a copy of each such report to the National Council on
Disability.
``(j) Definitions.--For purposes of this section:
``(1) The term `financial assistance' means a grant or
contract.
``(2) The term `prevention' means activities that address
the causes of disabilities and secondary conditions resulting
from disabilities, and activities that address the functional
limitations involved and the exacerbation of such limitations,
including activities that--
``(A) eliminate or reduce the factors that cause or
predispose an individual to disabilities or that
increase the prevalence of disabilities;
``(B) increase the early identification of existing
problems to eliminate circumstances that create or
increase functional limitations; and
``(C) mitigate against the effects of disabilities
throughout the life of the individual.
``(k) Authorization of Appropriations.--For the purpose of
providing financial assistance under this section, there are authorized
to be appropriated $15,000,000 for fiscal year 1994, $20,000,000 for
fiscal year 1995, $25,000,000 for fiscal year 1996, and such sums as
may be necessary for each of the fiscal years 1997 and 1998.''.
Passed the House of Representatives June 14, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Silvio O. Conte Disabilities Prevention Act - Amends the Public Health Service Act to authorize grants and contracts for the prevention of disabilities and the prevention of secondary conditions resulting from disabilities, including through demonstrations and interventions, surveillances and studies, public education, and training health professionals. Authorizes appropriations. | {"src": "billsum_train", "title": "Silvio O. Conte Disabilities Prevention Act"} | 1,178 | 70 | 0.567018 | 1.3644 | 0.985559 | 3.545455 | 20.218182 | 0.890909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Christa McAuliffe Commemorative Coin
Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Christa McAuliffe was a social studies teacher at
Concord High School in Concord, New Hampshire.
(2) In 1985, Christa McAuliffe was selected to be the first
participant in the Teacher in Space program of the National
Aeronautics and Space Administration.
(3) On January 28, 1986, Christa McAuliffe and 6 other
astronauts were tragically killed during the Space Shuttle
Challenger disaster.
(4) In 1989, For Inspiration and Recognition of Science and
Technology (in this Act referred to as ``FIRST'') was founded
to inspire young people's interest and participation in science
and technology.
(5) The mission of FIRST ``is to inspire young people to be
science and technology leaders, by engaging them in exciting
mentor-based programs that build science, engineering, and
technology skills, that inspire innovation, and that foster
well-rounded life capabilities including self-confidence,
communication, and leadership''.
(6) Each year, more than 1,000,000 children from the United
States and more than 86 countries participate in a FIRST
program.
(7) Studies have shown that alumni of FIRST programs are
more likely to become scientists and engineers and to volunteer
in their communities.
(8) FIRST is dedicated to carrying on the mission of
Christa McAuliffe of inspiring students and creating a new
generation of dreamers and innovators.
(9) 2016 marks the 30th anniversary of the Space Shuttle
Challenger tragedy.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of Christa McAuliffe, the
Secretary of the Treasury (hereafter referred to in this Act as the
``Secretary'') shall mint and issue not more than 350,000 $1 coins,
each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain at least 90 percent silver.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall bear--
(A) an image of and the name of Christa McAuliffe
on the obverse side; and
(B) a design on the reverse side that depicts the
legacy of Christa McAuliffe as a teacher.
(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 ``2018''; 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
family of Christa McAuliffe and FIRST; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2018, and ending on
December 31, 2018.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided under section 7(a) with respect
to the coins; and
(3) the cost of designing and issuing the coins,
including--
(A) labor;
(B) materials;
(C) dies;
(D) use of machinery;
(E) overhead expenses;
(F) marketing; and
(G) shipping.
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of the
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, and section 8(2), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the FIRST robotics program for the purpose of engaging
and inspiring young people, through mentor-based programs, to become
leaders in the fields of science, technology, engineering, and
mathematics.
(c) Audits.--The FIRST robotics program shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with respect to the amounts received under subsection (b).
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act result in no
net cost to the Federal Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7(b) until the
total cost of designing and issuing all of the coins authorized
by this Act, including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping, is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code. | Christa McAuliffe Commemorative Coin Act of 2016 This bill directs the Department of the Treasury to mint and issue not more than 350,000 $1 silver coins in commemoration of Christa McAuliffe. The design of the coins shall bear an image of and the name of Christa McAuliffe on the obverse side and a design on the reverse side that depicts the legacy of McAuliffe as a teacher. Treasury may issue the coins from January 1-December 31, 2018. All surcharges received by Treasury from the sale of the coins shall be paid to the FIRST robotics program for the purpose of engaging and inspiring young people, through mentor-based programs, to become leaders in the fields of science, technology, engineering, and mathematics. | {"src": "billsum_train", "title": "Christa McAuliffe Commemorative Coin Act of 2016"} | 1,436 | 166 | 0.651322 | 2.32895 | 0.816847 | 6.392593 | 9.592593 | 0.97037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Five-Star Generals Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States Army Command and General Staff
College at Fort Leavenworth, Kansas (in this Act referred to as
the ``CGSC'') has, in its many evolutionary forms, served this
Nation consistently and well for 127 years, since its founding
in 1881;
(2) the CGSC has played a decisive role in the education
and training of officers, particularly in their field grade
years of service, in times of war and peace, since its
establishment;
(3) the CGSC has had a salutatory effect on many fields of
battle by providing its officer student bodies the necessary
skills of battle management, leadership development, and the
most modern and effective command and staff action procedures,
all of which have been key to this Nation's success in its many
conflicts which, thereby, have preserved its freedoms and way
of life;
(4) the CGSC does not have a commemorative coin cast in
celebrating its long and honorable history, displaying its
heritage, and serving as a reminder to the holder of such coins
of the service to the Nation its graduates have provided in war
and peace;
(5) the CGSC is the Nation's largest and oldest military
staff college, and continues to educate officers of all
branches of the United States Armed Forces, select members of
civilian government, and officers from many friendly and allied
nations from around the globe;
(6) located squarely in the American heartland, the CGSC
will continue to serve as a beacon of light to the proposition
of intellectual curiosity and professional military excellence
in the development of its students, and serve as a link to
American citizenry grateful for the sacrifices, some in the
fullest measure of duty and devotion to the Nation, made by its
graduates;
(7) the United States Army Command and General Staff
College Foundation, Inc. (in this Act referred to as the
``Foundation'') is dedicated to promoting excellence in the
faculty and students of the CGSC, and to seek new ways to
educate and remind citizens of the capable and selfless service
of United States military officers, and to imbue in them a
sense of pride in those who bear the burden of military
leadership in the Nation's wars and in times of peace;
(8) the Foundation is a nongovernmental, member-based, and
publicly supported nonprofit organization that is entirely
dependent on funds from members, donations, and grants for its
functions and supports exclusively the CGSC;
(9) the Foundation uses funding to provide the Margin of
Excellence to the programs and activities of the CGSC in
support of the educational needs of the general officer corps
of the Armed Forces, and the faculty and staff attendant
thereto;
(10) in 2006, the Secretary of the Army accepted the first
Foundation gift in support of the CGSC;
(11) the Foundation is actively engaged in the initial
stages of its first capital campaign to support the CGSC;
(12) the 5 Five-Star Generals who attended or taught at the
CGSC at Fort Leavenworth are Douglas MacArthur, George C.
Marshall, Henry ``Hap'' Arnold, Dwight D. Eisenhower, and Omar
N. Bradley;
(13) Douglas MacArthur, General of the Army--
(A) was a distinguished soldier, scholar, and
strategist who gave 61 years of service to his country;
(B) commanded the 42d Division in World War I, and
later served as the Chief of the Army General Staff;
(C) prior to retirement, was the Military Advisor
to the Commonwealth of the Philippines;
(D) in 1941, was recalled to active duty as
Commanding General, United States Army, Far East;
(E) was awarded the Medal of Honor for his heroic
defense of the Philippines;
(F) after being ordered to depart the Philippines
by the President, inspired the world with his
statement, ``I shall return'';
(G) led forces under his command to defeat those of
the Empire of Japan;
(H) after accepting the Japanese surrender,
directed the highly successful reconstruction of the
Japanese nation, and served as the first commander of
United Nations Forces during the Korean War; and
(I) son of General Arthur MacArthur, spent time as
a child at Fort Leavenworth and taught as a Captain in
the Field Engineering School, and served as the
adjutant, quartermaster, and commanding officer of the
3d Engineer Battalion (later reflagged as the 2d
Engineer Battalion);
(14) George C. Marshall, General of the Army--
(A) entered the Army from the Virginia Military
Institute in 1902;
(B) during a long career of public service,
distinguished himself as a leader, tactician,
strategist, statesman and, truly, as the ``Organizer of
Victory'';
(C) in World War I, was regarded as 1 of the most
talented staff officers in the United States Army;
(D) after World War I, and after many long and
challenging duties during the interwar years, was
appointed United States Army Chief of the General Staff
in 1939;
(E) during World War II, achieved recognition as
one of America's greatest military leaders;
(F) as chief strategist of World War II, materially
assisted in directing the Allied Powers to victory;
(G) in 1947, was appointed Secretary of State;
(H) had an outstanding career as a statesman,
proving equal to his brilliant military career;
(I) was awarded the Nobel Peace Prize for his
conception and implementation of the European Recovery
Program, and, subsequently, served as the Secretary of
Defense for 1 year; and
(J) graduated from the United States Army School of
the Line in 1907 and the United States Army Staff
College in 1908, followed by instructor duty at Fort
Leavenworth in 1909 and 1910;
(15) Henry H. ``Hap'' Arnold, General of the Army--
(A) is the only officer in the history of the
United States to earn the ranks of General of the Army
and General of the Air Force;
(B) a graduate of the United States Military
Academy at West Point in 1907 and received his pilot
training in 1911 from the Wright brothers in Dayton,
Ohio;
(C) became 1 of the Nation's strongest advocates
for air power, and personally held numerous records and
trophies for flying achievements, including the first
delivery of United States mail by air, and many
accomplishments in and from the air in the World Wars,
particularly in World War II, were heavily influenced
by his genius;
(D) as a result of his contributions, gave a third
dimension to battles of World War II through massed air
power, sweeping the skies of the enemy and denying to
the enemy mobility on the ground;
(E) received a citation which reads in part: ``from
conception to execution, General Arnold's leadership
guided the mightiest air force in history''; and
(F) was at Fort Leavenworth as a student at the
CGSC from 1928 through 1929;
(16) Dwight D. Eisenhower, General of the Army--
(A) in 1915, began a career of distinguished public
service, reaching the highest positions of military and
civil leadership in the United States;
(B) during World War II, as Commander in Chief,
Allied Expeditionary Force, led the invasion of North
Africa and the defeat of the German forces on that
continent;
(C) in 1944, as Supreme Allied Commander, Allied
Expeditionary Force, was instructed ``You will enter
the continent of Europe, and, in conjunction with other
United Nations, undertake operations aimed at the heart
of Germany and the destruction of her armed forces'';
(D) in accomplishing that mission, commanded the
largest combination of land, sea, and air forces in
history;
(E) following World War II, was instrumental in the
development of the North Atlantic Treaty Organization;
(F) after his brilliant military career, he was
elected 34th president of the United States;
(G) served at Fort Leavenworth from 1917 through
1918 as a tactical instructor officer for a course for
lieutenants, and in 1925 through 1926, was a student at
the CGSC, from which he was the honor graduate of his
class; and
(17) Omar N. Bradley, General of the Army--
(A) throughout his distinguished military career,
was recognized as an exceptional leader, tactician, and
educator;
(B) as Commandant of the Infantry School, developed
the officer candidate program, through which more than
45,000 leaders of United States combat forces in World
War II were commissioned;
(C) during World War II, successfully commanded a
division, corps, Army, and Army Group;
(D) while commanding II Corps, was instrumental in
defeating German forces in North Africa and Sicily;
(E) reached a peak in his successful career as a
field commander when, as commander of the 12th Army
Group, which contained the largest number of Americans
to ever serve under 1 commander, he greatly assisted in
the liberation of Europe;
(F) became the Army Chief of Staff in 1948 and the
first Chairman of the Joint Chiefs of Staff in 1949;
and
(G) was at Fort Leavenworth as a student at the
CGSC, from 1928 through 1929.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and celebration of the Five-Star
Generals' attendance and graduation from the CGSC, and notwithstanding
any other provision of law, the Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins, which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall include the portraits of Generals George C. Marshall,
Douglas MacArthur, Dwight D. Eisenhower, Henry ``Hap'' Arnold,
and Omar N. Bradley.
(2) Designations 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 ``2013''; 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 --
(1) be selected by the Secretary, after consultation with
the Command and General Staff College Foundation, and the
Commission of Fine Arts; and
(2) be reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facilities.--For each of the 3 coins minted under this
Act, at least 1 facility shall be used to strike proof quality coins,
while at least 1 other facility shall be used to strike the
uncirculated quality coins.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2013.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Command and General Staff College Foundation to help finance their
support of the CGSC.
(c) Audits.--The Command and General Staff College Foundation shall
be subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received by the
Foundation under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of enactment of this Act).
The Secretary of the Treasury may issue guidance to carry out this
subsection. | Five-Star Generals Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins in recognition of five United States Army Five-Star Generals: George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry "Hap" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth, Kansas.
Requires the design of the coins to include portraits of the generals.
Restricts the issuance of such coins to calendar 2013.
Requires specified surcharges in the sale of such coins, which shall be paid promptly to the Command and General Staff College Foundation to help finance its support of the College. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in recognition of 5 United States Army Five-Star Generals, George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry \"Hap\" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth Kansas, to coincide with the celebration of the 132nd Anniversary of the founding of the United States Army Command and General Staff College."} | 3,268 | 169 | 0.42584 | 1.52897 | 0.51144 | 2.957143 | 22.064286 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Addiction Treatment Act of
2000''.
SEC. 2. AMENDMENT TO CONTROLLED SUBSTANCES ACT.
(a) In General.--Section 303(g) of the Controlled Substances Act
(21 U.S.C. 823(g)) is amended--
(1) in paragraph (2), by striking ``(A) security'' and
inserting ``(i) security'', and by striking ``(B) the
maintenance'' and inserting ``(ii) the maintenance'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by inserting ``(1)'' after ``(g)'';
(4) by striking ``Practitioners who dispense'' and
inserting ``Except as provided in paragraph (2), practitioners
who dispense''; and
(5) by adding at the end the following paragraph:
``(2)(A) Subject to subparagraphs (D) and (J), the requirements of
paragraph (1) are waived in the case of the dispensing (including the
prescribing), by a practitioner, of narcotic drugs in schedule III, IV,
or V or combinations of such drugs if the practitioner meets the
conditions specified in subparagraph (B) and the narcotic drugs or
combinations of such drugs meet the conditions specified in
subparagraph (C).
``(B) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to a practitioner are that, before the
initial dispensing of narcotic drugs in schedule III, IV, or V or
combinations of such drugs to patients for maintenance or
detoxification treatment, the practitioner submit to the Secretary a
notification of the intent of the practitioner to begin dispensing the
drugs or combinations for such purpose, and that the notification
contain the following certifications by the practitioner:
``(i) The practitioner is a qualifying physician (as
defined in subparagraph (G)).
``(ii) With respect to patients to whom the practitioner
will provide such drugs or combinations of drugs, the
practitioner has the capacity to refer the patients for
appropriate counseling and other appropriate ancillary
services.
``(iii) In any case in which the practitioner is not in a
group practice, the total number of such patients of the
practitioner at any one time will not exceed the applicable
number. For purposes of this clause, the applicable number is
30, except that the Secretary may by regulation change such
total number.
``(iv) In any case in which the practitioner is in a group
practice, the total number of such patients of the group
practice at any one time will not exceed the applicable number.
For purposes of this clause, the applicable number is 30,
except that the Secretary may by regulation change such total
number, and the Secretary for such purposes may by regulation
establish different categories on the basis of the number of
practitioners in a group practice and establish for the various
categories different numerical limitations on the number of
such patients that the group practice may have.
``(C) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to narcotic drugs in schedule III, IV,
or V or combinations of such drugs are as follows:
``(i) The drugs or combinations of drugs have, under the
Federal Food, Drug, and Cosmetic Act or section 351 of the
Public Health Service Act, been approved for use in maintenance
or detoxification treatment.
``(ii) The drugs or combinations of drugs have not been the
subject of an adverse determination. For purposes of this
clause, an adverse determination is a determination published
in the Federal Register and made by the Secretary, after
consultation with the Attorney General, that the use of the
drugs or combinations of drugs for maintenance or
detoxification treatment requires additional standards
respecting the qualifications of practitioners to provide such
treatment, or requires standards respecting the quantities of
the drugs that may be provided for unsupervised use.
``(D)(i) A waiver under subparagraph (A) with respect to a
practitioner is not in effect unless (in addition to conditions under
subparagraphs (B) and (C)) the following conditions are met:
``(I) The notification under subparagraph (B) is in writing
and states the name of the practitioner.
``(II) The notification identifies the registration issued
for the practitioner pursuant to subsection (f).
``(III) If the practitioner is a member of a group
practice, the notification states the names of the other
practitioners in the practice and identifies the registrations
issued for the other practitioners pursuant to subsection (f).
``(ii) Upon receiving a notification under subparagraph (B), the
Attorney General shall assign the practitioner involved an
identification number under this paragraph for inclusion with the
registration issued for the practitioner pursuant to subsection (f).
The identification number so assigned clause shall be appropriate to
preserve the confidentiality of patients for whom the practitioner has
dispensed narcotic drugs under a waiver under subparagraph (A).
``(iii) Not later than 45 days after the date on which the
Secretary receives a notification under subparagraph (B), the Secretary
shall make a determination of whether the practitioner involved meets
all requirements for a waiver under subparagraph (B). If the Secretary
fails to make such determination by the end of the such 45-day period,
the Attorney General shall assign the physician an identification
number described in clause (ii) at the end of such period.
``(E)(i) If a practitioner is not registered under paragraph (1)
and, in violation of the conditions specified in subparagraphs (B)
through (D), dispenses narcotic drugs in schedule III, IV, or V or
combinations of such drugs for maintenance treatment or detoxification
treatment, the Attorney General may, for purposes of section 304(a)(4),
consider the practitioner to have committed an act that renders the
registration of the practitioner pursuant to subsection (f) to be
inconsistent with the public interest.
``(ii)(I) A practitioner who in good faith submits a notification
under subparagraph (B) and reasonably believes that the conditions
specified in subparagraphs (B) through (D) have been met shall, in
dispensing narcotic drugs in schedule III, IV, or V or combinations of
such drugs for maintenance treatment or detoxification treatment, be
considered to have a waiver under subparagraph (A) until notified
otherwise by the Secretary.
``(II) For purposes of subclause (I), the publication in the
Federal Register of an adverse determination by the Secretary pursuant
to subparagraph (C)(ii) shall (with respect to the narcotic drug or
combination involved) be considered to be a notification provided by
the Secretary to practitioners, effective upon the expiration of the
30-day period beginning on the date on which the adverse determination
is so published.
``(F)(i) With respect to the dispensing of narcotic drugs in
schedule III, IV, or V or combinations of such drugs to patients for
maintenance or detoxification treatment, a practitioner may, in his or
her discretion, dispense such drugs or combinations for such treatment
under a registration under paragraph (1) or a waiver under subparagraph
(A) (subject to meeting the applicable conditions).
``(ii) This paragraph may not be construed as having any legal
effect on the conditions for obtaining a registration under paragraph
(1), including with respect to the number of patients who may be served
under such a registration.
``(G) For purposes of this paragraph:
``(i) The term `group practice' has the meaning given such
term in section 1877(h)(4) of the Social Security Act.
``(ii) The term `qualifying physician' means a physician
who is licensed under State law and who meets one or more of
the following conditions:
``(I) The physician holds a subspecialty board
certification in addiction psychiatry from the American
Board of Medical Specialties.
``(II) The physician holds an addiction
certification from the American Society of Addiction
Medicine.
``(III) The physician holds a subspecialty board
certification in addiction medicine from the American
Osteopathic Association.
``(IV) The physician has, with respect to the
treatment and management of opiate-dependent patients,
completed not less than eight hours of training
(through classroom situations, seminars at professional
society meetings, electronic communications, or
otherwise) that is provided by the American Society of
Addiction Medicine, the American Academy of Addiction
Psychiatry, the American Medical Association, the
American Osteopathic Association, the American
Psychiatric Association, or any other organization that
the Secretary determines is appropriate for purposes of
this subclause.
``(V) The physician has participated as an
investigator in one or more clinical trials leading to
the approval of a narcotic drug in schedule III, IV, or
V for maintenance or detoxification treatment, as
demonstrated by a statement submitted to the Secretary
by the sponsor of such approved drug.
``(VI) The physician has such other training or
experience as the State medical licensing board (of the
State in which the physician will provide maintenance
or detoxification treatment) considers to demonstrate
the ability of the physician to treat and manage
opiate-dependent patients.
``(VII) The physician has such other training or
experience as the Secretary considers to demonstrate
the ability of the physician to treat and manage
opiate-dependent patients. Any criteria of the
Secretary under this subclause shall be established by
regulation. Any such criteria are effective only for 3
years after the date on which the criteria are
promulgated, but may be extended for such additional
discrete 3-year periods as the Secretary considers
appropriate for purposes of this subclause. Such an
extension of criteria may only be effectuated through a
statement published in the Federal Register by the
Secretary during the 30-day period preceding the end of
the 3-year period involved.
``(H)(i) In consultation with the Administrator of the Drug
Enforcement Administration, the Administrator of the Substance Abuse
and Mental Health Services Administration, the Director of the Center
for Substance Abuse Treatment, the Director of the National Institute
on Drug Abuse, and the Commissioner of Food and Drugs, the Secretary
shall issue regulations (through notice and comment rulemaking) or
issue practice guidelines to address the following:
``(I) Approval of additional credentialing bodies and the
responsibilities of additional credentialing bodies.
``(II) Additional exemptions from the requirements of this
paragraph and any regulations under this paragraph.
Nothing in such regulations or practice guidelines may authorize any
Federal official or employee to exercise supervision or control over
the practice of medicine or the manner in which medical services are
provided.
``(ii) Not later than 120 days after the date of the enactment of
the Drug Addiction Treatment Act of 2000, the Secretary shall issue a
treatment improvement protocol containing best practice guidelines for
the treatment and maintenance of opiate-dependent patients. The
Secretary shall develop the protocol in consultation with the Director
of the National Institute on Drug Abuse, the Director of the Center for
Substance Abuse Treatment, the Administrator of the Drug Enforcement
Administration, the Commissioner of Food and Drugs, the Administrator
of the Substance Abuse and Mental Health Services Administration, and
other substance abuse disorder professionals. The protocol shall be
guided by science.
``(I) During the 3-year period beginning on the date of the
enactment of the Drug Addiction Treatment Act of 2000, a State may not
preclude a practitioner from dispensing or prescribing drugs in
schedule III, IV, or V, or combinations of such drugs, to patients for
maintenance of detoxification treatment in accordance with this
paragraph unless, before the expiration of that 3-year period, the
State enacts a law prohibiting a practitioner from dispensing such
drugs or combinations of drug.
``(J)(i) This paragraph takes effect on the date of the enactment
of the Drug Addiction Treatment Act of 2000, and remains in effect
thereafter except as provided in clause (iii) (relating to a decision
by the Secretary or the Attorney General that this paragraph should not
remain in effect).
``(ii) For purposes relating to clause (iii), the Secretary and the
Attorney General may, during the 3-year period beginning on the date of
the enactment of the Drug Addiction Treatment Act of 2000, make
determinations in accordance with the following:
``(I) The Secretary may make a determination of whether
treatments provided under waivers under subparagraph (A) have
been effective forms of maintenance treatment and
detoxification treatment in clinical settings; may make a
determination of whether such waivers have significantly
increased (relative to the beginning of such period) the
availability of maintenance treatment and detoxification
treatment; and may make a determination of whether such waivers
have adverse consequences for the public health.
``(II) The Attorney General may make a determination of the
extent to which there have been violations of the numerical
limitations established under subparagraph (B) for the number
of individuals to whom a practitioner may provide treatment;
may make a determination of whether waivers under subparagraph
(A) have increased (relative to the beginning of such period)
the extent to which narcotic drugs in schedule III, IV, or V or
combinations of such drugs are being dispensed or possessed in
violation of this Act; and may make a determination of whether
such waivers have adverse consequences for the public health.
``(iii) If, before the expiration of the period specified in clause
(ii), the Secretary or the Attorney General publishes in the Federal
Register a decision, made on the basis of determinations under such
clause, that this paragraph should not remain in effect, this paragraph
ceases to be in effect 60 days after the date on which the decision is
so published. The Secretary shall in making any such decision consult
with the Attorney General, and shall in publishing the decision in the
Federal Register include any comments received from the Attorney
General for inclusion in the publication. The Attorney General shall in
making any such decision consult with the Secretary, and shall in
publishing the decision in the Federal Register include any comments
received from the Secretary for inclusion in the publication.''.
(b) Conforming Amendments.--Section 304 of the Controlled
Substances Act (21 U.S.C. 824) is amended--
(1) in subsection (a), in the matter after and below
paragraph (5), by striking ``section 303(g)'' each place such
term appears and inserting ``section 303(g)(1)''; and
(2) in subsection (d), by striking ``section 303(g)'' and
inserting ``section 303(g)(1)''.
SEC. 3. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS REGARDING DEPARTMENT
OF HEALTH AND HUMAN SERVICES.
For the purpose of assisting the Secretary of Health and Human
Services with the additional duties established for the Secretary
pursuant to the amendments made by section 2, there are authorized to
be appropriated, in addition to other authorizations of appropriations
that are available for such purpose, such sums as may be necessary for
fiscal year 2000 and each subsequent fiscal year.
Passed the House of Representatives July 19, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Requires that: (1) the practitioner, before dispensing schedule III-V drugs to patients for maintenance or detoxification treatment, submit to the Secretary a notification of intent to begin dispensing such drugs for that purpose, including certifications that the practitioner is a "qualifying physician" (defined to mean a physician who is licensed under State law and meets specified training and experience requirements), and has the capacity to refer the patients for appropriate counseling and other appropriate ancillary; and (2) the schedule III-V drugs have been approved for use in maintenance or detoxification treatment and have not been the subject of an "adverse determination" (i.e., requires additional standards regarding the qualifications of practitioners to provide such treatment, or requires standards regarding the quantities of the drugs that may be provided for unsupervised use).Sets forth specified procedural requirements to make the waiver effective. Directs the Attorney General, upon receiving a notification under this Act, to assign the practitioner involved an identification number for inclusion with the registration issued for the practitioner. Requires that the identification number be appropriate to preserve the confidentiality of patients for whom the practitioner has dispensed narcotic drugs under the waiver. Directs: (1) the Secretary, within 45 days after receiving a notification, to make a determination of whether the practitioner involved meets all waiver requirements; and (2) the Attorney General, if the Secretary fails to make such determination by the end of such period, to assign the physician an identification number.Requires the Secretary, in consultation with the Administrator of the Drug Enforcement Administration, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Center for Substance Abuse Treatment, the Director of the National Institute on Drug Abuse, and the Commissioner of Food and Drugs (consulted parties), to issue regulations or practice guidelines to address: (1) approval of additional credentialing bodies and their responsibilities; and (2) additional exemptions. Specifies that nothing in such regulations or guidelines may authorize any Federal official or employee to exercise supervision or control over the practice of medicine or the manner in which medical services are provided.Directs the Secretary: (1) to issue a treatment improvement protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients; and (2) to develop the protocol in consultation with the consulted parties and other substance abuse disorder professionals, with the protocol guided by science.Prohibits a State, for three years, from precluding a practitioner from dispensing or prescribing drugs in schedule III-V to patients for maintenance of detoxification treatment unless the State enacts a law prohibiting a practitioner from dispensing such drugs.Authorizes the Secretary and the Attorney General, for three years, to make determinations regarding whether: (1) treatments provided under such waivers have been effective forms of maintenance and detoxification treatment in clinical settings; (2) such waivers have significantly increased the availability of such treatment; and (3) such waivers have adverse public health consequences. Authorizes the Secretary or the Attorney General, after consulting each other, to terminate the waiver mechanism after announcing their decision in the Federal Register. Authorizes appropriations to assist the Secretary with the additional duties established for the Secretary pursuant to this Act. | {"src": "billsum_train", "title": "Drug Addiction Treatment Act of 2000"} | 3,400 | 691 | 0.609361 | 2.106992 | 0.780538 | 4.607843 | 5.236928 | 0.947712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Access and Claims
Moratorium Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Many consumers use vitamins, minerals, herbs, amino
acids, and other dietary supplements.
(2) There has been a public campaign to convince consumers
that the Food and Drug Administration intends to require
prescriptions for many dietary supplements, or that the FDA
will otherwise act to take these products off the market.
(3) Due to public concern, it is appropriate for Congress
to assure consumers that they will have access to the dietary
supplements that are currently on the market.
(4) The dietary supplement industry is concerned that the
Nutrition Labeling and Education Act of 1990 will prohibit
health claims on dietary supplements. Congress shall extend the
moratorium on FDA actions under such Act with respect to
dietary supplements.
TITLE I--ACCESS TO DIETARY SUPPLEMENTS
SEC. 101. REFERENCE.
Whenever in this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Federal Food, Drug, and Cosmetic Act.
SEC. 102. ACCESS TO DIETARY SUPPLEMENTS.
(a) FDA May Not Require Prescriptions for Dietary Supplements.--
Section 503(b) (21 U.S.C. 353(b)) is amended by adding at the end the
following:
``(6) For a dietary supplement marketed on or before November 15,
1993, the Secretary may not, after November 15, 1993, require a
prescription . For a dietary supplement first marketed after November
15, 1993, this subsection as it was in effect on the date of the
enactment of the Dietary Supplement Access and Claims Moratorium Act of
1993 shall apply.''.
(b) FDA May Not Require Premarket Approval for Dietary
Supplements.--
(1) Food additives.--Section 201(s) (21 U.S.C. 321(s)) is
amended--
(A) by striking out the period at the end of
subparagraph (5) and inserting in lieu thereof ``;
or''; and
(B) by adding after subparagraph (5) the following:
``(6) any dietary ingredient in a dietary supplement.''.
(2) Drugs.--Section 201(g)(1) (21 U.S.C. 321(g)(1)) is
amended by adding at the end the following: ``A dietary
supplement which was on the market on or before November 15,
1993, and for which no claim is made is not a drug.''.
(c) Burden of Proof on FDA.--
(1) In general.--Section 402 (21 U.S.C. 342) is amended by
adding at the end the following:
``(f) If it contains a dietary ingredient at a level that may be
injurious to health or is a dietary supplement which when used in
accordance with the conditions of use may be injurious to health.''.
(2) Conforming amendment.--Section 402 (21 U.S.C. 342) is
amended by striking ``food'' in the matter preceding paragraph
(a) and inserting ``food or dietary supplement''.
(d) Definitions.--
(1) In general.--Section 201 (21 U.S.C. 321) is amended by
adding at the end the following:
``(gg) The term `dietary ingredient' means--
``(1) a vitamin,
``(2) a mineral,
``(3) an herb,
``(4) an amino acid, or
``(5) other ingredient,
contained in a product marketed in the United States as a dietary
supplement on or before November 15, 1993.
``(hh) The term `dietary supplement' means a product which contains
one or more dietary ingredients and--
``(1) which is marketed to supplement the diet,
``(2) which is intended for use in tablet, capsule, powder,
softgel, or liquid form and if in liquid form is formulated in
a fluid carrier and is intended for ingestion in daily
quantities measured in drops or similar small units of measure,
``(3) which is not represented for use as conventional food
or as a sole item of a meal or of the diet, and
``(4) which does not include any ingredient other than a
vitamin or mineral which has been approved as the active
ingredient of a drug.''.
(2) Secretarial action.--For purposes of the definitions
added by paragraph (1), the Secretary of Health and Human
Services shall, not later than 180 days after the date of the
enactment of this Act, issue a regulation identifying the
dietary ingredients which were marketed on or before November
15, 1993.
TITLE II--MORATORIUM ON DIETARY SUPPLEMENT CLAIMS
SEC. 201. REFERENCE.
Whenever in this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Prescription Drug User Fee Act of 1992.
SEC. 202. PROHIBITION OF IMPLEMENTATION.
Section 202(a)(1) (21 U.S.C. 343 note) is amended--
(1) by striking ``December 15, 1993'' and inserting ``June
30, 1994'', and
(2) by inserting ``amino acids,'' after ``herbs,''.
SEC. 203. ISSUANCE OF REGULATIONS.
The amendments made by sections 202(a)(2)(B)(i) and
202(a)(2)(B)(ii) (21 U.S.C. 343 note) are each amended--
(1) by striking ``December 31, 1993'' and inserting ``June
30, 1994'', and
(2) by inserting ``amino acids,'' after ``herbs,''.
SEC. 204. STATE ENFORCEMENT.
The amendment made by section 202(a)(3) (21 U.S.C. 343 note) is
amended by striking ``to such dietary supplement on December 31, 1993''
and inserting ``to dietary supplements of vitamins, minerals, herbs,
amino acids, or other similar nutritional substances on June 30,
1994''.
SEC. 205. CLAIM APPROVAL.
Section 202(b) (21 U.S.C. 343 note) is amended--
(1) by striking ``December 15, 1993'' and inserting ``June
30, 1994'', and
(2) by inserting ``amino acids,'' after ``herbs,''. | Dietary Supplement Access and Claims Moratorium Act of 1993 -
Title I: Access to Dietary Supplements
- Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Secretary of Health and Human Services from requiring: (1) a prescription for a dietary supplement marketed on or before November 15, 1993; and (2) premarket approval for dietary supplements.
Specifies that a food shall be deemed to be adulterated if it contains a dietary ingredient at a level that may be injurious to health or is a dietary supplement which when used in accordance with the conditions of use may be injurious to health.
Title II: Moratorium on Dietary Supplement Claims
- Amends the Prescription Drug User Fee Act of 1992 to prohibit the Secretary from implementing the Nutrition Labeling and Education Act of 1990 or any amendment made by such Act earlier than June 30, 1994, with respect to dietary supplements of vitamins, minerals, herbs, amino acids, or other similar nutritional substances.
Prohibits the Secretary from issuing any final regulations applicable to such substances before that date. Specifies that any such proposed regulations shall not be considered to be final regulations until that date.
Makes the effective date for provisions dealing with State enforcement with respect to such substances June 30, 1994.
Permits the Secretary, earlier than that date, to approve specified health claims made with respect to such substances. | {"src": "billsum_train", "title": "Dietary Supplement Access and Claims Moratorium Act of 1993"} | 1,551 | 305 | 0.646743 | 1.822166 | 0.708274 | 4.69403 | 4.970149 | 0.865672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Security Accounts for
Individuals with Disabilities Act of 2007''.
SEC. 2. FINANCIAL SECURITY ACCOUNTS FOR INDIVIDUALS WITH DISABILITIES.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by inserting
after part VIII the following new part:
``PART IX--SAVINGS FOR INDIVIDUALS WITH DISABILITIES
``Sec. 530A. Financial security accounts for individuals with
disabilities.
``SEC. 530A. FINANCIAL SECURITY ACCOUNTS FOR INDIVIDUALS WITH
DISABILITIES.
``(a) General Rule.--A financial security account for an individual
with a disability shall be exempt from taxation under this subtitle.
Notwithstanding the preceding sentence, such account shall be subject
to the taxes imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable organizations).
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Financial security account for an individual with a
disability.--The term `financial security account for an
individual with a disability' means a trust created or
organized in the United States (and designated as a financial
security account for an individual with a disability at the
time created or organized) exclusively for the purpose of
paying qualified disability expenses of an individual who is
disabled and who is the designated beneficiary of the trust,
but only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted--
``(i) unless it is in cash, and
``(ii) except in the case of rollover
contributions described in subsection (c)(4),
if such contribution would result in aggregate
contributions for the taxable year and all
preceding taxable years exceeding $500,000.
``(B) The trustee is a bank (as defined in section
408(n)), a parent or guardian of the designated
beneficiary, a designee of a parent or guardian of the
designated beneficiary, the designated beneficiary, or
another person, who demonstrates to the satisfaction of
the Secretary that the manner in which that person will
administer the trust will be consistent with the
requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust shall not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Qualified disability expenses.--The term `qualified
disability expenses' means, with respect to an individual with
a disability, amounts paid or incurred, not compensated for by
insurance or otherwise, for--
``(A) education, medical and dental care, community
based support services, employment training and
support, moving, and assistive technology,
``(B) after the designated beneficiary has attained
the age of 18, housing and transportation, and
``(C) funeral and burial services and property.
``(3) Individual with a disability.--An individual is an
individual with a disability if such individual is receiving
supplemental security income benefits under title XVI of the
Social Security Act or an individual otherwise eligible to
receive such benefits notwithstanding the income and assets
tests required for eligibility for such benefits.
``(4) Rules relating to estate and gift tax.--Rules similar
to the rules of paragraphs (2), (4), and (5) of section 529(c)
shall apply for purposes of this section.
``(c) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of a financial
security account for an individual with a disability shall be
included in gross income by the payee or distributee, as the
case may be, for the taxable year in which received in the
manner as provided in section 72.
``(2) Distributions for benefit of designated
beneficiary.--
``(A) In general.--No amount shall be includible in
gross income under paragraph (1) if the qualified
disability expenses of the designated beneficiary
during the taxable year are not less than the aggregate
distributions during the taxable year.
``(B) Distributions in excess of expenses.--If such
aggregate distributions exceed such expenses during the
taxable year, the amount otherwise includible in gross
income under paragraph (1) shall be reduced by the
amount which bears the same ratio to the amount which
would be includible in gross income under paragraph (1)
(without regard to this subparagraph) as the qualified
disability expenses bear to such aggregate
distributions.
``(C) Disallowance of excluded amounts as
deduction, credit, or exclusion.--No deduction, credit,
or exclusion shall be allowed to the taxpayer under any
other section of this chapter for any qualified
disability expenses to the extent taken into account in
determining the amount of the exclusion under this
paragraph.
``(3) Additional tax for distributions not used for benefit
of designated beneficiary.--
``(A) In general.--The tax imposed by this chapter
for any taxable year on any taxpayer who receives a
payment or distribution from a financial security
account for an individual with a disability shall be
increased by 10 percent of the amount thereof which is
includible in gross income under paragraph (1).
``(B) Exception.--Subparagraph (A) shall not apply
if the payment or distribution is made to a beneficiary
(or to the estate of the designated beneficiary) on or
after the death of the designated beneficiary.
``(C) Contributions returned before certain date.--
Subparagraph (A) shall not apply to the distribution of
any contribution made during a taxable year if--
``(i) such distribution is made before the
first day of the sixth month of the taxable
year following the taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in gross income for the taxable year in which
such excess contribution was made.
``(4) Rollovers.--Paragraph (1) shall not apply to any
amount paid or distributed from a financial security account
for an individual with a disability to the extent that the
amount received is paid, not later than the 60th day after the
date of such payment or distribution, into another financial
security account for an individual with a disability for the
benefit of the same beneficiary. The preceding sentence shall
not apply to any payment or distribution if it applied to any
prior payment or distribution during the 12-month period ending
on the date of the payment or distribution.
``(5) Change in beneficiary.--Any change in the beneficiary
of a financial security account for an individual with a
disability shall not be treated as a distribution for purposes
of paragraph (1) if the new beneficiary is disabled and is a
member of the family (as defined in section 529(e)(2)) of the
old beneficiary.
``(d) Tax Treatment of Accounts.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to any financial
security account for an individual with a disability.
``(e) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if--
``(1) the assets of such account are held by a bank (as
defined in section 408(n) or another person who demonstrates,
to the satisfaction of the Secretary, that the manner in which
he will administer the account will be consistent with the
requirements of this section, and
``(2) the custodial account would, except for the fact that
it is not a trust, constitute an account described in
subsection (c)(1).
For purposes of this title, in the case of a custodial account treated
as a trust by reason of the preceding sentence, the custodian of such
account shall be treated as the trustee thereof.
``(g) Reports.--The trustee of a financial security account for an
individual with a disability shall make such reports regarding such
account to the Secretary and to the beneficiary of the account with
respect to contributions, distributions, and such other matters as the
Secretary may require. The reports required by this subsection shall be
filed at such time and in such manner and furnished to such individuals
at such time and in such manner as may be required.
``(h) Coordination With Means-Tested Programs.--Amounts held by, or
paid or distributed from, a financial security account for an
individual with a disability shall not be treated as income or assets,
and shall not be taken into account in determining eligibility for, or
the amount or extent of, benefits provided by any program funded in
whole or in part with Federal funds.''.
(b) Conforming Amendments.--
(1) Penalty for failure to meet minimum distribution
requirement.--Subsection (c) of section 4974 of such Code is
amended by striking ``or'' at the end of paragraph (4), by
striking the period at the end of paragraph (5) and inserting
``, or'', and by inserting after paragraph (5) the following
new paragraph:
``(6) any financial security account for an individual with
a disability (as defined in section 530A(b)).''.
(2) Tax on prohibited transactions.--
(A) In general.--Paragraph (1) of section 4975(e)
of such Code (defining plan) is amended by
redesignating subparagraph (G) as subparagraph (H), by
striking ``or'' at the end of subparagraph (F), and by
adding after subparagraph (F) the following:
``(G) a financial security account for an
individual with a disability described in section 530A,
or''.
(B) Exemption.--Subsection (d) of section 4975 of
such Code (relating to exemptions) is amended by
striking ``or'' at the end of paragraph (22), by
striking the period at the end of paragraph (23) and
inserting ``; or'', and by inserting after paragraph
(23) the following:
``(24) in the case of a financial security account for an
individual with a disability, any transaction to provide
housing or other services by a family member to or for the
designated beneficiary of the trust to the extent that such
transaction does not exceed the fair market value of the
housing or service (as the case may be) provided.''.
(C) Special rule.--Subsection (c) of section 4975
of such Code (relating to tax on prohibited
transactions) is amended by adding at the end the
following new paragraph:
``(7) Special rule for financial security account for
individuals with disabilities.--An individual for whose benefit
a financial security account for an individual with a
disability is established and any contributor to such account
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 section 530A(d)
applies with respect to such transaction.''.
(3) Rollovers from qualified tuition programs and education
savings accounts.--
(A) Qualified tuition programs.--Paragraph (3) of
section 529(c) of such Code is amended by adding at the
end the following new subparagraph:
``(E) Contributions to financial security account
for an individual with a disability.--Subparagraph (A)
shall not apply to that portion of any distribution
which, within 60 days of such distribution, is
contributed to a financial security account for an
individual with a disability for the benefit of the
designated beneficiary.''.
(B) Education savings account.--Subsection (d) of
section 530 of such Code is amended by adding at the
end the following new paragraph:
``(9) Contributions to financial security account for an
individual with a disability.--Paragraph (1) shall not apply to
any amount paid or distributed from a Coverdell education
savings account to the extent that the amount received is paid,
not later than the 60th day after the date of such payment or
distribution, into a financial security account for an
individual with a disability for the benefit of the same
beneficiary.''.
(4) Reports.--Paragraph (2) of section 6693(a) of such Code
is amended by striking ``and'' at the end of subparagraph (D),
by striking the period at the end of subparagraph (E) and
inserting ``and'', and by inserting after subparagraph (E) the
following new subparagraph:
``(F) section 530A(g) (relating to financial
security accounts for individuals with
disabilities).''.
(5) Exclusion from income.--Subsection (b) of section 1612
of the Social Security Act (42 U.S.C. 1382a) is amended by
striking ``or'' at the end of paragraph (22), by striking the
period at the end of paragraph (23) and inserting ``; or'', and
by inserting after paragraph (23) the following:
``(24) any contribution to a financial security account for
an individual with a disability.''.
(c) Clerical Amendment.--The table of parts for subchapter F of
chapter 1 of such Code is amended by inserting after the item relating
to part VIII the following new item:
``Part IX. Savings for Individuals With Disabilities.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Financial Security Accounts for Individuals with Disabilities Act of 2007 - Amends the Internal Revenue Code to establish tax-exempt financial security accounts for individuals with disabilities to pay certain expenses of such individuals, including expenses for education, medical care, and employment training. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the establishment of financial security accounts for the care of family members with disabilities."} | 3,090 | 57 | 0.524576 | 1.18846 | 0.510131 | 3.208333 | 58.833333 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care and Housing for Women
and Children Act of 1993''.
TITLE I--MATERNAL HEALTH CERTIFICATES PROGRAM
SEC. 101. MATERNAL HEALTH CERTIFICATES FOR ELIGIBLE PREGNANT WOMEN.
(a) Establishment of Maternal Health Certificates for Eligible
Pregnant Women.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish a program to provide maternal health certificates for
eligible pregnant women to use to cover expenses incurred in receiving
services at a maternity and housing services facility.
(b) Eligibility of Individuals.--
(1) In general.--A pregnant woman is eligible to receive a
maternal health certificate under the program established under
subsection (a) if the woman--
(A) has an annual individual income (determined
without taking into account the income of any parent or
guardian of the individual) not greater than 175
percent of the income official poverty line (as defined
by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of 1981) applicable
to such individual; and
(B) provides the Secretary with such other
information and assurances as the Secretary may
require.
(2) Income of estranged spouse not included.--In
determining the income of an individual for purposes of
paragraph (1)(A), there shall not be included the income of a
spouse if the spouse has been living apart from the woman for
not less than 6 months.
(3) Participation in afdc program not required.--An
individual otherwise eligible to receive a maternal health
certificate under the program established under subsection (a)
shall not be found ineligible to receive such a certificate
solely on the grounds that the individual does not receive aid
under the State plan for aid to families with dependent
children under part A of title IV of the Social Security Act.
(c) Limitations on Amount of Expenses Incurred.--A certificate
received under the program established under subsection (a) may be used
to cover an amount of expenses incurred by an individual at a maternity
housing and services facility that does not exceed an amount equal to--
(1) $100; multiplied by
(2) the number of days during which such services are
provided to the individual at such facility.
(d) Definitions.--For purposes of this section:
(1) Maternity and housing services facility.--The term
``maternity and housing services facility'' means a nonprofit
facility licensed or otherwise approved by the State in which
the facility is located to serve as a residence for not fewer
than 4 pregnant women during pregnancy and for a limited period
after the date on which the child carried during the pregnancy
is born, as the Secretary may determine, that provides such
pregnant women with appropriate supportive services, which may
include the following supportive services:
(A) Room and board.
(B) Medical care (provided either at the facility
or off-site) for the woman and her child, including
prenatal, delivery, and post-delivery care.
(C) Instruction and counseling regarding future
health care for the woman and her child.
(D) Nutrition services and nutrition counseling.
(E) Counseling and education concerning all aspects
of prenatal care, childbirth, and motherhood.
(F) General family counseling, including child and
family development counseling.
(G) Adoption counseling.
(H) Vocational and educational counseling and
services.
(I) Basic transportation services to enable the
woman to obtain services from the facility.
(2) Pregnant woman.--The term ``pregnant woman'' means a
woman determined to have one or more fetuses in utero.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(e) Authorization of Appropriations.--There are authorized to be
appropriated for maternal health certificates under this section--
(1) $50,000,000 for fiscal year 1993;
(2) $75,000,000 for fiscal year 1994; and
(3) $100,000,000 for fiscal year 1995.
TITLE II--REHABILITATION GRANTS FOR MATERNITY HOUSING AND SERVICES
FACILITIES
SEC. 201. ESTABLISHMENT OF GRANT PROGRAM.
The Secretary of Housing and Urban Development shall carry out a
program to provide assistance under this title to eligible nonprofit
entities for rehabilitation of existing structures for use as
facilities to provide housing and services to pregnant women.
SEC. 202. AUTHORITY AND APPLICATIONS.
(a) Authority.--The Secretary may make grants under the program
under this title to eligible nonprofit entities to rehabilitate
existing structures for use as maternity housing and services
facilities.
(b) Applications.--The Secretary may make grants only to nonprofit
entities that submit applications for grants under this title in the
form and manner that the Secretary shall prescribe, which shall include
assurances that grant amounts will be used to provide a maternity
housing and services facility.
SEC. 203. GRANT LIMITATIONS.
(a) Maximum Grant Amount.--A grant under this title may not be in
an amount greater than $1,000,000. An eligible nonprofit entity may not
receive more than 1 grant under this title in any fiscal year.
(b) Maximum Number of Grants.--The Secretary may not make grants
under this title to more than 100 eligible nonprofit entities in any
fiscal year.
(c) Use of Grants for Rehabilitation Activities.--Any eligible
nonprofit entity that receives a grant under this title shall use the
grant amounts for the acquisition or rehabilitation (or both) of
existing structures for use as a maternity housing and services
facility, which may include planning and development costs,
professional fees, and administrative costs related to such acquisition
or rehabilitation.
SEC. 204. REPORTS.
The Secretary shall require each eligible nonprofit entity that
receives a grant under this title to submit to the Secretary a report,
at such times and including such information as the Secretary shall
determine, describing the activities carried out by the eligible
nonprofit entity with the grant amounts.
SEC. 205. DEFINITIONS.
For purposes of this title:
(1) Eligible nonprofit entities.--The term ``eligible
nonprofit entity'' means any organization that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 that is exempt from
taxation under subtitle A of such Code; and
(B) has submitted an application under section
702(b) for a grant under this title.
(2) Maternity housing and services facility.--The term
``maternity housing and services facility'' means a facility
licensed or otherwise approved by the State in which the
facility is located to serve as a residence for not fewer than
4 pregnant women during pregnancy and for a limited period
after the date on which the child carried during the pregnancy
is born, as the Secretary may determine, that provides such
pregnant women with appropriate supportive services, which may
include the following services:
(A) Room and board.
(B) Medical care for the woman and her child,
including prenatal, delivery, and post-delivery care.
(C) Instruction and counseling regarding future
health care for the woman and her child.
(D) Nutrition services and nutrition counseling.
(E) Counseling and education concerning all aspects
of prenatal care, childbirth, and motherhood.
(F) General family counseling, including child and
family development counseling.
(G) Adoption counseling.
(H) Vocational and educational counseling and
services.
(I) Basic transportation services to enable the
woman to obtain services from the facility.
(J) Any other appropriate supportive services.
(3) Pregnant woman.--The term ``pregnant woman'' means a
woman determined to have one or more fetuses in utero.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$25,000,000 for fiscal year 1993, $40,000,000 for fiscal year 1994, and
$60,000,000 for fiscal year 1995. | TABLE OF CONTENTS:
Title I: Maternal Health Certificates Program
Title II: Rehabilitation Grants for Maternity Housing and
Services Facilities
Health Care and Housing for Women and Children Act of 1993 -
Title I: Maternal Health Certificates Program
- Directs the Secretary of Health and Human Services to establish a program to provide maternal health certificates for eligible pregnant women to cover expenses incurred at a maternity and housing services facility.
Authorizes appropriations.
Title II: Rehabilitation Grants for Maternity Housing and Services Facilities
- Directs the Secretary to establish a program of rehabilitation grants for maternity housing and services facilities.
Authorizes appropriations. | {"src": "billsum_train", "title": "Health Care and Housing for Women and Children Act of 1993"} | 1,810 | 145 | 0.57109 | 1.388607 | 0.632625 | 4.08871 | 13.185484 | 0.879032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rabbi Arthur Schneier Congressional
Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Rabbi Arthur Schneier, Spiritual Leader of Park East
Synagogue and Founder and President, Appeal of Conscience
Foundation, has played a pioneering role in promoting religious
freedom and human rights throughout the world, for close to
half a century.
(2) The President of the United States awarded him the
Presidential Citizens Medal for ``his service as an
international envoy for four administrations'' and as a
Holocaust survivor, ``devoting a lifetime to overcoming forces
of hatred and intolerance''.
(3) He received the United States Department of State
Special Recognition Award from Secretary Colin Powell for ``. .
. his ecumenical work in favor of mutual understanding,
tolerance and peace . . .''.
(4) In China in 2004, he headed an interfaith Appeal of
Conscience Foundation delegation which met with government
officials on behalf of religious freedom and strengthened
exchanges between religious communities in China and the United
States.
(5) He has regularly led delegations of religious leaders
to China since the early 1980s.
(6) In the Former Soviet Union, Rabbi Schneier was, in
2004, the keynote speaker at the Interreligious Conference on
Peace hosted by Patriarch Aleksey II.
(7) In Armenia in 2002, he held meetings with the
Catholicos of all Armenians and government leaders to help ease
tensions between Armenia and Turkey.
(8) He convened the Religious Summit on the Former
Yugoslavia in Switzerland and the Conflict Resolution
Conference in Vienna, mobilizing Catholic, Muslim, and Orthodox
Christian religious leaders to halt the bloodshed in former
Yugoslavia (1992, 1995).
(9) In the Balkans, Caucasus, and Central Asia, he
initiated the Peace and Tolerance Conference in Istanbul,
Turkey, in cooperation with the Turkish Government and the
Ecumenical Patriarch Bartholomew I (1994).
(10) In Bosnia-Herzegovina, he met with top government and
religious leaders in Sarajevo to promote healing and
conciliation between the Serbian Orthodox, Muslim, Catholic,
and Jewish communities (1997).
(11) Rabbi Schneier initiated the interfaith appeal to the
United Nations for the worldwide protection of holy sites,
which was adopted by the United Nations General Assembly in May
2001 as the resolution for the ``Protection of Religious
Sites''.
(12) In 1980, he initiated the Annual Seminar on Religious
Life to educate Foreign Service officers in the religious
traditions of the countries of their assignment.
(13) The Foreign Service Institute honored him in 2001 for
``20 years of excellent cooperation in furthering the objective
of religious freedom''.
(14) He was awarded the Department of State Special
Recognition Award from Secretary of State Hillary Clinton ``for
his 30 years of partnership in helping Foreign Affairs
professionals to better understand the right to religious
freedom in the countries in which they serve''.
(15) He has been very active in humanitarian missions, such
as mobilizing the American religious community in support for
the victims of the Armenian and Turkish earthquakes and
Romanian floods.
(16) A United States Alternate Representative to the United
Nations General Assembly and Chairman of the United States
Commission for the Preservation of America's Heritage Abroad,
he was one of 3 American religious leaders appointed by the
President of the United States to start the first dialogue on
religious freedom with President Jiang Zemin and other top
Chinese leaders (1998).
(17) He was a United States delegate to the Stockholm
International Forum for the Prevention of Genocide (2004).
(18) Born in Vienna, Austria, in 1930, Rabbi Schneier lived
under Nazi occupation in Budapest during World War II and
arrived in the United States in 1947.
(19) He holds the Ordination and Doctor of Divinity Degree
from Yeshiva University.
(20) In 2004, Yeshiva University honored him by
establishing the Rabbi Arthur Schneier Center for International
Affairs.
(21) He hosted Pope Benedict XVI at Park East Synagogue,
the first visit of a Pope to a synagogue in the United States
(2008), and the Ecumenical Patriarch Bartholomew (2009).
(22) He was invited by King Abdullah of Saudi Arabia as a
keynote to the Interfaith Conference (Madrid) (2008).
(23) He was appointed by the UN Secretary General to the
High Level Group ``Alliance of Civilizations'' (2005) and he
was appointed Ambassador of the UN Alliance of Civilizations
(2009).
(24) He was honored with the Knight Commander of the Order
of Civil Merit by the Kingdom of Spain, Officer of the Order of
the Legion d'honneur of France, Officer's Cross of the Order of
Merit of Germany, Grand Decoration of Honor in Gold with Star
for Service to the Republic of Austria, Order of the Republic
of Hungary, Officer's Cross of the Order of Merit of the
Republic of Poland, the Order of the Star of Italian
Solidarity, Grand Decoration of Honor in Gold for Special
Services to the Province of Vienna.
(25) He received the Order of St. Daniel of Moscow, for
``his leadership in inter-religious cooperation and the
strengthening of ties between American religious communities
and the Russian Orthodox Church'' (2004).
(26) He was selected Friend of the Armenians for his
``solidarity with Armenians in the cause of human rights''.
(27) He received the Order of St. Andrew the Apostle
Athenagoras Human Rights Award for ``his contributions to the
improvement of tolerance and peace among all religions
throughout the world'' (2008).
(28) He received the Guru Nanac Interfaith Prize, Hofstra
University for ``fostering religious tolerance and
cooperation'' (2010).
(29) He was the recipient of eleven honorary doctorates
from United States and foreign universities.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--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 a gold medal of appropriate design to Rabbi Arthur
Schneier in recognition of his pioneering role in promoting religious
freedom and human rights throughout the world, for close to half a
century.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Rabbi Arthur Schneier Congressional Gold Medal Act Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to Rabbi Arthur Schneier in recognition of his pioneering role in promoting religious freedom and human rights throughout the world for close to half a century. | {"src": "billsum_train", "title": "Rabbi Arthur Schneier Congressional Gold Medal Act"} | 1,638 | 81 | 0.500469 | 1.543717 | 0.803244 | 6.230769 | 23.492308 | 0.969231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``St. Augustine 450th Commemoration
Commission Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The founding of the city of St. Augustine, Florida, in
1565 established the first permanent European colony and the
birthplace of the Christian religion (particularly Roman
Catholicism) in the New World.
(2) The settlement of St. Augustine brought people from
throughout the Atlantic Basin together to form a multicultural
society, including peoples from Spain, England, and the rest of
Europe as well as Native Americans and Africans.
(3) The economic, political, religious, and other social
institutions that have developed over the 4\1/2\ centuries of
the continuous, uninterrupted existence of St. Augustine, the
oldest city in North America, continue to have profound effects
on the United States, on cross-cultural relationships, and on
the economic structure, status, and international influence of
the United States.
(4) The National Park Service, the State of Florida, the
city of St. Augustine, and the University of Florida
collectively own and operate significant resources related to
the history of St. Augustine.
(5) The city of St. Augustine has existed continuously
since 1565 and is the governmental entity responsible for
planning and implementing the commemoration of the 450th
anniversary of the founding of St. Augustine.
(6) The city of St. Augustine has created a committee to
prepare for the 450th anniversary commemoration, and planning
for the commemoration has been initiated.
(b) Purpose.--The purpose of this Act is to establish the St.
Augustine 450th Commemoration Commission to--
(1) ensure a suitable national observance of the 450th
anniversary of the city of St. Augustine by complementing the
programs and activities of the State of Florida and the city of
St. Augustine;
(2) cooperate with and assist in the programs and
activities of the State of Florida in observance of the 450th
anniversary of St. Augustine;
(3) assist in ensuring that the St. Augustine 450th
anniversary observances provide an excellent visitor experience
and beneficial interaction between visitors and the natural and
cultural resources of the St. Augustine sites;
(4) assist in ensuring that the St. Augustine 450th
anniversary observances are inclusive and appropriately
recognize the experiences of all peoples in St. Augustine's
history;
(5) provide assistance in the development of St. Augustine-
related programs and activities;
(6) facilitate international involvement in the St.
Augustine 450th anniversary observances;
(7) support and facilitate marketing efforts for a
commemorative coin, stamp, and related activities for the St.
Augustine 450th anniversary observances; and
(8) assist in the appropriate development of heritage
tourism and economic benefits to the United States through the
commemoration of the 450th anniversary of the city of St.
Augustine.
SEC. 3. DEFINITIONS.
In this Act--
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 450th anniversary of the founding of the
settlement of St. Augustine.
(2) Commission.--The term ``Commission'' means the St.
Augustine 450th Commemoration Commission established by section
4.
(3) Governor.--The term ``Governor'' means the Governor of
the State of Florida.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--
(A) In general.--The term ``State'' means the State
of Florida.
(B) Inclusion.--The term ``State'' includes
agencies and entities of the State of Florida.
SEC. 4. ESTABLISHMENT.
There is established a commission to be known as the St. Augustine
450th Commemoration Commission.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) plan, develop, and execute programs and activities
appropriate to commemorate the 450th anniversary of the
founding of St. Augustine, Florida;
(2) generally facilitate St. Augustine commemoration-
related activities throughout the United States;
(3) encourage civic, patriotic, historical, educational,
religious, economic, and other organizations throughout the
United States to organize and participate in anniversary
activities to expand understanding and appreciation of the
significance of the founding and continuing history of St.
Augustine;
(4) coordinate and facilitate scholarly research on,
publication about, and interpretation of, St. Augustine for the
education of the public; and
(5) ensure that the 450th anniversary of St. Augustine
provides a lasting legacy and long-term public benefit for the
United States by assisting in the development of appropriate
programs and facilities to accommodate those programs.
(b) Plans; Reports.--
(1) Strategic plan; annual performance plans.--In
accordance with the Government Performance and Results Act of
1993, the Commission shall prepare a strategic plan and annual
performance plans for the activities of the Commission carried
out under this Act.
(2) Final report.--Not later than December 31, 2015, the
Commission shall complete a final report that contains--
(A) a summary of the activities of the Commission;
(B) a final accounting of funds received and
expended by the Commission; and
(C) the findings and recommendations of the
Commission.
SEC. 6. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 16 members, of
whom--
(1) 3 members shall be appointed by the Secretary, taking
into consideration the recommendations of the St. Augustine
City Commission;
(2) 3 members shall be appointed by the Secretary, taking
into consideration the recommendations of the Governor;
(3) 1 member shall be an employee of the National Park
Service having experience relevant to the historic resources
relating to the city of St. Augustine and the commemoration, to
be appointed by the Secretary;
(4) 1 member shall be the Mayor of the city of St.
Augustine (or a designee);
(5) 1 member shall be an employee of the State University
System of Florida, to be appointed by the Secretary; and
(6) 5 members shall be individuals who are nonresidents of
the State of Florida who have an interest in, support for, and
expertise appropriate to the commemoration, to be appointed by
the Secretary, taking into consideration the recommendation of
Congress.
(b) Time of Appointment.--Each initial appointment of a member of
the Commission shall be made before the expiration of the 120-day
period beginning on the date of the enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member of the Commission shall be appointed
for the life of the Commission, unless a designee is appointed
pursuant to subsection (a)(4).
(2) Vacancies.--
(A) In general.--A vacancy on the Commission shall
be filled in the same manner in which the original
appointment was made.
(B) Partial term.--A member appointed to fill a
vacancy on the Commission shall serve for the remainder
of the term for which the predecessor of the member was
appointed.
(3) Continuation of membership.--If a member of the
Commission was appointed to the Commission as Mayor of the city
of St. Augustine or as an employee of the National Park Service
or the State University System of Florida, and ceases to hold
such position, that member may continue to serve on the
Commission for not longer than the 30-day period beginning on
the date that member ceases to hold such position.
(d) Meetings.--
(1) In general.--The Commission shall meet--
(A) at least 3 times each year; or
(B) at the call of the Chairperson or the majority
of the members of the Commission.
(2) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(e) Voting.--
(1) In general.--The Commission shall act only on an
affirmative vote of a majority of the members of the
Commission.
(2) Quorum.--A majority of the Commission shall constitute
a quorum.
(f) Chairperson.--The Secretary shall appoint a Chairperson of the
Commission, taking into consideration any recommendations of the
Governor.
(g) Compensation.--
(1) In general.--Except as provided in paragraph (2), a
member of the Commission shall serve without compensation.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation other than the compensation received for
the services of the member as an officer or employee of the
Federal Government.
(3) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
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 the duties of the Commission.
SEC. 7. DIRECTOR AND STAFF.
(a) In General.--The Chairperson of the Commission may, without
regard to the provisions of title 5, United States Code, appoint and
terminate an executive director and such other additional personnel as
are necessary to enable the Commission to perform the duties of the
Commission.
(b) Confirmation of Executive Director.--The employment of an
executive director shall be subject to confirmation by the Commission.
(c) Compensation.--
(1) In general.--Except as provided in paragraph (2), the
Chairperson of the Commission may fix the compensation of the
executive director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates.
(2) Maximum rate of pay.--The rate of pay for the executive
director and other personnel shall not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(d) Detail of Government Employees.--
(1) Federal employees.--
(A) In general.--At the request of the Commission,
the head of any Federal agency may detail, on a
reimbursable or non-reimbursable basis, any of the
personnel of the agency to the Commission to assist the
Commission in carrying out the duties of the Commission
under this Act. Any reimbursement under this paragraph
shall be credited to the appropriation, fund, or
account used for paying the amounts reimbursed.
(B) Civil service status.--The detail of an
employee under subparagraph (A) shall be without
interruption or loss of civil service status or
privilege.
(2) State employees.--The Commission may--
(A) accept the services of personnel detailed from
the State; and
(B) reimburse the State for services of detailed
personnel.
(e) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
(f) Support Services.--The Director of the National Park Service
shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request. Any
reimbursement under this paragraph shall be credited to the
appropriation, fund, or account used for paying the amounts reimbursed.
(g) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
(h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(i) No Effect on Authority.--Nothing in this section supersedes the
authority of the State, the National Park Service, the city of St.
Augustine, or any designee of the foregoing, concerning the
commemoration.
SEC. 8. POWERS.
(a) In General.--The Commission may--
(1) accept donations and make dispersions of money,
personal services, and real and personal property related to
St. Augustine and the significance of St. Augustine in the
history of the United States;
(2) appoint such advisory committees as the Commission
determines to be necessary to carry out this Act;
(3) authorize any member or employee of the Commission to
take any action that the Commission is authorized to take by
this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases, and other legal agreements, to
carry out this Act (except that any contracts, leases, and
other legal agreements made or entered into by the Commission
shall not extend beyond the date of termination of the
Commission);
(5) use the United States mails in the same manner and
under the same conditions as other Federal agencies;
(6) make grants in amounts not to exceed $10,000 per grant
to communities and nonprofit organizations to develop programs
to assist in the commemoration;
(7) make grants to research and scholarly organizations to
research, publish, or distribute information relating to the
early history of St. Augustine; and
(8) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
(b) Termination.--The Commission shall terminate on December 31,
2015.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, and such appropriated sums shall not expire and
shall remain until expended. | St. Augustine 450th Commemoration Commission Act of 2007 - Establishes the St. Augustine 450th Commemoration Commission to plan and execute programs and activities to commemorate the 450th anniversary of the founding of St. Augustine, Florida. | {"src": "billsum_train", "title": "To establish the St. Augustine 450th Commemoration Commission, and for other purposes."} | 3,030 | 58 | 0.608041 | 1.49114 | 0.99171 | 4.324324 | 75.243243 | 0.972973 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Children First
Child Support Reform 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. Modification of rule requiring assignment of support rights as
a condition of receiving TANF.
Sec. 3. Increasing child support payments to families and simplifying
child support distribution rules.
Sec. 4. State option to discontinue certain support assignments.
Sec. 5. Effective date.
SEC. 2. MODIFICATION OF RULE REQUIRING ASSIGNMENT OF SUPPORT RIGHTS AS
A CONDITION OF RECEIVING TANF.
Section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3))
is amended to read as follows:
``(3) No assistance for families not assigning certain
support rights to the state.--A State to which a grant is made
under section 403 shall require, as a condition of paying
assistance to a family under the State program funded under
this part, that a member of the family assign to the State any
rights the family member may have (on behalf of the family
member or of any other person for whom the family member has
applied for or is receiving such assistance) to support from
any other person, not exceeding the total amount of assistance
so paid to the family, which accrues during the period that the
family receives assistance under the program.''.
SEC. 3. INCREASING CHILD SUPPORT PAYMENTS TO FAMILIES AND SIMPLIFYING
CHILD SUPPORT DISTRIBUTION RULES.
(a) Distribution Rules.--
(1) In general.--Section 457(a) of the Social Security Act
(42 U.S.C. 657(a)) is amended to read as follows:
``(a) In General.--Subject to subsections (e) and (f), the amounts
collected on behalf of a family as support by a State under a plan
approved under this part shall be distributed as follows:
``(1) Families receiving assistance.--In the case of a
family receiving assistance from the State, the State shall--
``(A) pay to the Federal Government the Federal
share of the amount collected, subject to paragraph
(3)(A);
``(B) retain, or pay to the family, the State share
of the amount collected, subject to paragraph (3)(B);
and
``(C) pay to the family any remaining amount.
``(2) Families that formerly received assistance.--In the
case of a family that formerly received assistance from the
State:
``(A) Current support.--To the extent that the
amount collected does not exceed the current support
amount, the State shall pay the amount to the family.
``(B) Arrearages.--Except as otherwise provided in
the State plan approved under section 454, to the
extent that the amount collected exceeds the current
support amount, the State--
``(i) shall first pay to the family the
excess amount, to the extent necessary to
satisfy support arrearages not assigned under
section 408(a)(3);
``(ii) if the amount collected exceeds the
amount required to be paid to the family under
clause (i), shall--
``(I) pay to the Federal
Government, the Federal share of the
excess amount described in this clause,
subject to paragraph (3)(A); and
``(II) retain, or pay to the
family, the State share of the excess
amount described in this clause,
subject to paragraph (3)(B); and
``(iii) shall pay to the family any
remaining amount.
``(3) Limitations.--
``(A) Federal reimbursements.--The total of the
amounts paid by the State to the Federal Government
under paragraphs (1) and (2) with respect to a family
shall not exceed the Federal share of the amount
assigned with respect to the family under section 408(a)(3).
``(B) State reimbursements.--The total of the
amounts retained by the State under paragraphs (1) and
(2) with respect to a family shall not exceed the State
share of the amount assigned with respect to the family
under section 408(a)(3).
``(4) Families that never received assistance.--In the case
of any other family, the State shall pay the amount collected
to the family.
``(5) Families under certain agreements.--Notwithstanding
paragraphs (1) through (4), in the case of an amount collected
for a family in accordance with a cooperative agreement under
section 454(33), the State shall distribute the amount
collected under the terms of the agreement.
``(6) State financing options.--To the extent that the
State share of the amount payable to a family under paragraph
(2)(B) exceeds the amount that the State estimates (under
procedures approved by the Secretary) would have been payable
to the family under former section 457(a)(2)(B) (as in effect
for the State immediately before the date on which this
subsection, as amended by the Children First Child Support
Reform Act of 2001, first applies to the State) if such former
section had remained in effect, the State may elect to use the
grant made to the State under section 403(a) to pay the amount,
or to have the payment considered a qualified State expenditure
for purposes of section 409(a)(7), but not both.
``(7) State option to pass through additional support with
federal financial participation.--
``(A) In general.--Notwithstanding paragraphs (1)
and (2), a State shall not be required to pay to the
Federal Government the Federal share of an amount
collected on behalf of a family that is not a recipient
of assistance under the State program funded under part
A, to the extent that the State pays the amount to the
family.
``(B) Recipients of tanf for less than 5 years.--
``(i) In general.--Notwithstanding
paragraphs (1) and (2), a State shall not be
required to pay to the Federal Government the
Federal share of an amount collected on behalf
of a family that is a recipient of assistance
under the State program funded under part A
and, if the family includes an adult, that has
received the assistance for not more than 5
years after the date of enactment of this
paragraph, to the extent that--
``(I) the State pays the amount to
the family; and
``(II) subject to clause (ii), the
amount is disregarded in determining
the amount and type of the assistance
provided to the family.
``(ii) Limitation.--Of the amount
disregarded as described in clause (i)(II), the
maximum amount that may be taken into account
for purposes of clause (i) shall not exceed
$400 per month, except that, in the case of a
family that includes 2 or more children, the
State may elect to increase the maximum amount
to not more than $600 per month.
``(8) States with demonstration waivers.--Notwithstanding
the preceding paragraphs, a State with a waiver under section
1115 that became effective on or before October 1, 1997, the
terms of which allow passthrough of child support payments, may
pass through such payments in accordance with such terms with respect
to families subject to the waiver.''.
(2) State plan to include election as to which rules to
apply in distributing child support arrearages collected on
behalf of families formerly receiving assistance.--Section 454
of the Social Security Act (42 U.S.C. 654) is amended--
(A) by striking ``and'' at the end of paragraph
(32);
(B) by striking the period at the end of paragraph
(33) and inserting ``; and''; and
(C) by inserting after paragraph (33) the
following:
``(34) include an election by the State to apply section
457(a)(2)(B) or former section 457(a)(2)(B) (as in effect for
the State immediately before the date this paragraph, as
amended by the Children First Child Support Reform Act of 2001,
first applies to the State) to the distribution of the amounts
which are the subject of such sections, and for so long as the
State elects to so apply such former section, the amendments
made by section 2 of the Children First Child Support Reform
Act of 2001 shall not apply with respect to the State,
notwithstanding section 6(a) of such Act.''.
(3) Approval of estimation procedures.--Not later than
October 1, 2002, the Secretary of Health and Human Services, in
consultation with the States (as defined for purposes of part D
of title IV of the Social Security Act (42 U.S.C. 651 et
seq.)), shall establish the procedures to be used to make the
estimate described in section 457(a)(6) of such Act (42 U.S.C.
657(a)(6)).
(b) Current Support Amount Defined.--Section 457(c) of the Social
Security Act (42 U.S.C. 657(c)) is amended by adding at the end the
following:
``(5) Current support amount.--The term `current support
amount' means, with respect to amounts collected as support on
behalf of a family, the amount designated as the monthly
support obligation of the noncustodial parent in the order
requiring the support.''.
(c) Conforming Amendments.--
(1) Section 404(a) of the Social Security Act (42 U.S.C.
604(a)) is amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following:
``(3) to fund payment of an amount under section
457(a)(2)(B), but only to the extent that the State properly
elects under section 457(a)(6) to use the grant to fund the
payment.''.
(2) Section 409(a)(7)(B)(i) of the Social Security Act (42
U.S.C. 609(a)(7)(B)(i)) is amended--
(A) in subclause (I)(aa), by striking
``457(a)(1)(B)'' and inserting ``457(a)(1)''; and
(B) by adding at the end the following:
``(V) Portions of certain child
support payments collected on behalf of
and distributed to families no longer
receiving assistance.--Any amount paid
by a State under section 457(a)(2)(B),
but only to the extent that the State
properly elects under section 457(a)(6)
to have the payment considered a
qualified State expenditure.''.
SEC. 4. STATE OPTION TO DISCONTINUE CERTAIN SUPPORT ASSIGNMENTS.
Section 457(b) of the Social Security Act (42 U.S.C. 657(b)) is
amended by striking ``shall'' and inserting ``may''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--The amendments made by this section shall take
effect on October 1, 2005, and shall apply to payments under parts A
and D of title IV of the Social Security Act (42 U.S.C. 601 et seq. and
651 et seq.) for calendar quarters beginning on or after such date, and
without regard to whether regulations to implement the amendments (in
the case of State programs operated under such part D) are promulgated
by such date.
(b) State Option To Accelerate Effective Date.--In addition, a
State may elect to have the amendments made by section 2 or 3 apply to
the State and to amounts collected by the State, on and after such date
as the State may select that is after the date of enactment of this
Act, by including an election to that effect in the State plan under
part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). | Children First Child Support Reform Act of 2001 - Amends parts A (Temporary Assistance for Needy Families) (TANF) and D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to: (1) modify the rule requiring assignment of support rights as a condition of receiving TANF; (2) increase child support payments to families; (3) revise child support distribution rules; and (4) change from mandatory to discretionary the authority of States to retain certain support rights assignments after a certain date (thus giving them the option to discontinue such assignments). | {"src": "billsum_train", "title": "A bill to provide more child support money to families leaving welfare, and for other purposes."} | 2,731 | 130 | 0.592227 | 1.517565 | 0.685199 | 2.973684 | 21.280702 | 0.868421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Denial Order
Enforcement Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States to enforce denial
orders on covered telecommunications companies found to have violated
the export control or sanctions laws of the United States.
SEC. 3. IMPOSITION AND ENFORCEMENT OF DENIAL ORDERS WITH RESPECT TO
COVERED TELECOMMUNICATIONS COMPANIES.
(a) Imposition of Denial Orders.--
(1) In general.--Not later than 60 days after the date of
which a determination is made that a covered telecommunications
company is in violation of an export control or sanctions law
of the United States, the President shall impose a penalty
pursuant to a denial order with respect to the covered
telecommunications company or its agents or affiliates as
follows:
(A) The company and when acting for or on their
behalf, their successors, assigns, directors, officers,
employees, representatives, or agents (hereinafter each
a ``denied person''), may not, directly or indirectly,
participate in any way in any transaction involving any
commodity, software or technology (hereinafter
collectively referred to as ``item'') exported or to be
exported from the United States that is subject to the
Export Administration Regulations (as codified in
subchapter C of chapter VII of title 15, Code of
Federal Regulations, or any successor regulations), or
in any other activity subject to the Export
Administration Regulations.
(B) No person may, directly or indirectly, do any
of the following:
(i) Export or reexport to or on behalf of a
denied person any item subject to the Export
Administration Regulations.
(ii) Take any action that facilitates the
acquisition or attempted acquisition by a
denied person of the ownership, possession, or
control of any item subject to the Regulations
that has been or will be exported from the
United States, including financing or other
support activities related to a transaction
whereby a denied person acquires or attempts to
acquire such ownership, possession or control.
(iii) Take any action to acquire from or to
facilitate the acquisition or attempted
acquisition from a denied person of any item
subject to the Export Administration
Regulations that has been exported from the
United States.
(iv) Obtain from a denied person in the
United States any item subject to the Export
Administration Regulations with knowledge or
reason to know that the item will be, or is
intended to be, exported from the United
States.
(v) Engage in any transaction to service
any item subject to the Export Administration
Regulations that has been or will be exported
from the United States and which is owned,
possessed or controlled by a denied person, or
service any item, of whatever origin, that is
owned, possessed or controlled by a denied
person if such service involves the use of any
item subject to the Export Administration
Regulations that has been or will be exported
from the United States.
(2) Applicability.--Paragraph (1) shall apply on and after
the date of the enactment of this Act with respect to a
determination described in paragraph (1) that is made on or
after such date of enactment.
(b) Prohibition on Modification of Penalties.--Notwithstanding any
other provision of law, no official of an executive agency may modify
any penalty, including a penalty imposed pursuant to a denial order,
implemented by the Government of the United States with respect to a
covered telecommunications company or its agents or affiliates pursuant
to a determination that the company has violated an export control or
sanctions law of the United States until the date that is 30 days after
the President certifies to the appropriate congressional committees
that the company--
(1) has not, for a period of one year, conducted activities
in violation of the laws of the United States; and
(2) is fully cooperating with investigations into the
activities of the company conducted by the Government of the
United States, if any.
(c) Regulations.--The President is authorized to prescribe such
regulations as may be necessary to carry out this section.
(d) Definitions.--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate.
(2) Covered telecommunications company.--The term ``covered
telecommunications company'' means any of the following:
(A) Huawei Technologies Company or ZTE Corporation
(or any subsidiary or affiliate of such entities).
(B) Any other telecommunications company domiciled
in the People's Republic of China (or any subsidiary or
affiliate of such entities), excluding any subsidiary
of a foreign company domiciled in the People's Republic
of China.
(3) Executive agency.--The term ``executive agency''
means--
(A) an executive department specified in section
101 of title 5, United States Code;
(B) a military department specified in section 102
of title 5, United States Code;
(C) an independent establishment as defined in
section 104(1) of title 5, United States Code; and
(D) a wholly-owned Government corporation fully
subject to chapter 91 of title 31, United States Code. | Telecommunications Denial Order Enforcement Act This bill directs the President to impose penalties on telecommunications companies domiciled in China, including Huawei and ZTE, that violate U.S. export controls or sanctions. Chinese subsidiaries of foreign companies are excluded from the bill. The bill also prohibits executive agencies from reducing any penalty imposed on a Chinese telecommunications company for violating a sanction or export control, unless the President certifies that the company has not violated U.S. law for at least one year and is fully cooperating with investigations. | {"src": "billsum_train", "title": "Telecommunications Denial Order Enforcement Act"} | 1,195 | 122 | 0.408159 | 1.150787 | 0.615273 | 1.473118 | 11.956989 | 0.741935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postmasters Fairness and Rights
Act''.
SEC. 2. POSTMASTERS TO BE COVERED BY AGREEMENTS RELATING TO PAY
POLICIES AND SCHEDULES AND FRINGE BENEFIT PROGRAMS.
Section 1004 of title 39, United States Code, is amended by
redesignating subsections (g) and (h) as subsections (i) and (j),
respectively, and by inserting after subsection (f) the following:
``(g)(1) Within 45 days after each date on which an agreement is
reached on a collective bargaining agreement between the Postal Service
and the bargaining representative recognized under section 1203 which
represents the largest number of employees, the Postal Service shall
make a proposal for any changes in pay policies and schedules and
fringe benefit programs for postmasters which are to be in effect
during the same period as covered by such agreement.
``(2) The Postal Service and the postmasters' organization (or, if
more than 1, all postmasters' organizations) shall strive to resolve
any differences concerning the proposal described in paragraph (1).
``(3) If, within 60 days following the submission of the proposal,
the Postal Service and the postmasters' organization (or organizations)
are unable to reach agreement, either the Postal Service or the
postmasters' organization (or organizations jointly) shall have the
right to refer the dispute to an arbitration board established under
paragraph (4).
``(4) An arbitration board shall be established to consider and
decide a dispute arising under paragraph (3) and shall consist of 3
members, 1 of whom shall be selected by the Postal Service, 1 by the
postmasters' organization (or organizations jointly), and the third by
the 2 members thus selected. If either the Postal Service or the
postmasters' organization (or organizations) fail to select a member
within 30 days after the dispute is referred to an arbitration board
under this subsection, or if the members chosen fail to agree on the
third person within 5 days after their first meeting, the selection
shall be made by the Director of the Federal Mediation and Conciliation
Service.
``(5) The arbitration board shall give the parties a full and fair
hearing, including an opportunity for each party to present evidence in
support of its claims and an opportunity to present its case in person,
by counsel, or by such other representative as such party may elect.
Decisions by the arbitration board shall be conclusive and binding upon
the parties. The arbitration board shall render its decision within 45
days after its appointment.
``(6) Costs of the arbitration board shall be shared equally by the
Postal Service and the postmasters' organization (or organizations),
with the Postal Service to be responsible for one-half of those costs
and the postmasters' organization (or organizations) to be responsible
for the remainder.
``(7) Nothing in this subsection shall be considered to affect the
application of section 1005.''.
SEC. 3. RIGHT OF POSTMASTERS' ORGANIZATIONS TO PARTICIPATE IN PLANNING
AND DEVELOPMENT OF PROGRAMS.
The second sentence of section 1004(b) of title 39, United States
Code, is amended by striking ``or that a managerial organization (other
than an organization representing supervisors) represents a substantial
percentage of managerial employees,'' and inserting ``or that a
managerial organization (other than an organization representing
supervisors or postmasters) represents a substantial percentage of
managerial employees, or that an organization qualifies as a
postmasters' organization,''.
SEC. 4. POSTMASTERS AND POSTMASTERS' ORGANIZATION DEFINED.
Subsection (i) of section 1004 of title 39, United States Code, as
redesignated by section 2, is amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) `postmaster' means an individual who manages, with or
without the assistance of subordinate managers or supervisors,
the operations of a post office; and
``(4) `postmasters' organization' means, with respect to a
year, any organization of postmasters whose membership as of
June 30th of the preceding year included not less than 20
percent of all individuals employed as postmasters as of that
date.''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 1001(e) of title 39, United States Code, is amended (in
the matter before paragraph (1)) by inserting ``agreements under
section 1004(g),'' after ``regulations,''.
(b) Section 1003(a) of title 39, United States Code, is amended in
the first sentence by inserting ``section 1004(g) of this title,''
before ``section 8G''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect after the end of
the 90-day period beginning on the date of enactment of this Act. | Postmasters Fairness and Rights Act - Amends Federal law to prescribe guidelines within which the Postal Service shall propose changes in pay policies, schedules, and fringe benefit programs affecting postmasters which are to be in effect during the period covered by a collective bargaining agreement between the Postal Service and certain recognized bargaining representatives.Grants certain qualified postmasters' organizations the right to participate in program planning and development pertaining to pay policies, schedules, and fringe benefits. | {"src": "billsum_train", "title": "A bill to amend the provisions of title 39, United States Code, relating to the manner in which pay policies and schedules and fringe benefit programs for postmasters are established."} | 1,142 | 105 | 0.543163 | 1.418614 | 0.814139 | 2.783133 | 12.710843 | 0.831325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adams National Historical Park Act
of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in 1946, Secretary of the Interior J.A. Krug, by means of
the authority granted the Secretary of the Interior under section 2
of the Historic Sites Act of August 21, 1935, established the Adams
Mansion National Historic Site, located in Quincy, Massachusetts;
(2) in 1952, Acting Secretary of the Interior Vernon D.
Northrup enlarged the site and renamed it the Adams National
Historic Site, using the Secretary's authority as provided in the
Historic Sites Act;
(3) in 1972, Congress, through Public Law 92-272, authorized
the Secretary of the Interior to add approximately 3.68 acres at
Adams National Historic Site;
(4) in 1978, Congress, through Public Law 95-625, authorized
the Secretary of the Interior to accept by conveyance the
birthplaces of John Adams and John Quincy Adams, both in Quincy,
Massachusetts, to be managed as part of the Adams National Historic
Site;
(5) in 1980, Congress, through Public Law 96-435, authorized
the Secretary of the Interior to accept the conveyance of the
United First Parish Church in Quincy, Massachusetts, the burial
place of John Adams, Abigail Adams, and John Quincy Adams and his
wife, to be administered as part of the Adams National Historic
Site;
(6) the actions taken by past Secretaries of the Interior and
past Congresses to preserve for the benefit, education and
inspiration of present and future generations of Americans the
home, property, birthplaces and burial site of John Adams, John
Quincy Adams, and Abigail Adams, have resulted in a multi-site unit
of the National Park System with no overarching enabling or
authorizing legislation; and
(7) that the sites and resources associated with John Adams,
second President of the United States, his wife Abigail Adams, and
John Quincy Adams, sixth President of the United States, require
recognition as a national historical park in the National Park
System.
(b) Purpose.--The purpose of this Act is to establish the Adams
National Historical Park in the City of Quincy, in the Commonwealth of
Massachusetts, to preserve, maintain and interpret the home, property,
birthplaces, and burial site of John Adams and his wife Abigail, John
Quincy Adams, and subsequent generations of the Adams family associated
with the Adams property in Quincy, Massachusetts, for the benefit,
education and inspiration of present and future generations of
Americans.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Historical park.--The term ``historical park'' means the
Adams National Historical Park established in section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. ADAMS NATIONAL HISTORICAL PARK.
(a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain properties in Quincy, Massachusetts, associated with John
Adams, second President of the United States, his wife, Abigail Adams,
John Quincy Adams, sixth President of the United States, and his wife,
Louisa Adams, there is established the Adams National Historical Park
as a unit of the National Park System.
(b) Boundaries.--The historical park shall be comprised of the
following:
(1) All property administered by the National Park Service in
the Adams National Historic Site as of the date of enactment of
this Act, as well as all property previously authorized to be
acquired by the Secretary for inclusion in the Adams National
Historic Site, as generally depicted on the map entitled ``Adams
National Historical Park'', numbered NERO 386/80,000, and dated
April 1998.
(2) All property authorized to be acquired for inclusion in the
historical park by this Act or other law enacted after the date of
the enactment of this Act.
(c) Visitor and Administrative Sites.--To preserve the historical
character and landscape of the main features of the historical park,
the Secretary may acquire up to 10 acres for the development of
visitor, administrative, museum, curatorial, and maintenance facilities
adjacent to or in the general proximity of the property depicted on the
map identified in subsection (b)(1)(A).
(d) Map.--The map of the historical park shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
SEC. 5. ADMINISTRATION.
(a) In General.--The park shall be administered by the Secretary in
accordance with this section and the provisions of law generally
applicable to units of the National Park System, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3,
and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467), as amended.
(b) Cooperative Agreements.--(1) The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the park.
(2) Any payment made by the Secretary pursuant to a cooperative
agreement under this paragraph shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for purposes
contrary to the purposes of this Act, as determined by the Secretary,
shall result in a right of the United States to reimbursement of all
funds made available to such a project or the proportion of the
increased value of the project attributable to such funds as determined
at the time of such conversion, use, or disposal, whichever is greater.
(c) Acquisition of Real Property.--For the purposes of the park,
the Secretary is authorized to acquire real property with appropriated
or donated funds, by donation, or by exchange, within the boundaries of
the park.
(d) Repeal of Superceded Administrative Authorities.--
(1) Section 312 of the National Parks and Recreation Act of
1978 (Public Law 95-625; 92 Stat. 3479) is amended by striking
``(a)'' after ``SEC. 312''; and strike subsection (b) in its
entirety.
(2) The first section of Public Law 96-435 (94 Stat. 1861) is
amended by striking ``(a)'' after ``That''; and strike subsection
(b) in its entirety.
(e) References to the Historic Site.--Any reference in any law
(other than this Act), regulation, document, record, map, or other
paper of the United States to the Adams National Historic Site shall be
considered to be a reference to the historical park.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Adams National Historical Park Act of 1998 - Establishes the Adams National Historical Park in Quincy, Massachusetts, as a unit of the National Park System.
Authorizes appropriations. | {"src": "billsum_train", "title": "Adams National Historical Park Act of 1998"} | 1,546 | 41 | 0.553624 | 1.389301 | 0.670855 | 5.1875 | 45.53125 | 0.9375 |
SECTION 1. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED
HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS.
(a) Made Permanent.--Clause (iii) of section 529(e)(3)(A) of the
Internal Revenue Code of 1986 is amended by striking ``in 2009 or
2010''.
(b) Only for Use Primarily by the Beneficiary.--Clause (iii) of
section 529(e)(3)(A) of such Code is amended by striking ``used by the
beneficiary and the beneficiary's family'' and inserting ``used
primarily by the beneficiary''.
(c) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after December 31, 2010.
SEC. 2. INVESTMENT DIRECTION UNDER QUALIFIED TUITION PROGRAMS.
(a) In General.--Paragraph (4) of section 529(b) of the Internal
Revenue Code of 1986 is amended by striking the period at the end and
inserting ``more frequently than 4 times per calendar year.''.
(b) Clerical Amendment.--The heading for paragraph (4) of section
529(b) of such Code is amended by striking ``No investment direction''
and inserting ``Limited investment direction''.
(c) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2013.
SEC. 3. ELIMINATION OF DISTRIBUTION AGGREGATION REQUIREMENTS.
(a) In General.--Clause (ii) of section 529(c)(3)(D) of the
Internal Revenue Code of 1986 is amended by inserting before the comma
at the end the following: ``, except for purposes of calculating the
earnings portion of any distribution.''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions after December 31, 2013.
SEC. 4. CONTRIBUTION OF AMOUNTS PREVIOUSLY DISTRIBUTED IN CASE OF
WITHDRAWAL FROM SCHOOL.
(a) In General.--Paragraph (3) of section 529(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(E) Special rule for contributions relating to
withdrawal from school.--In the case of a beneficiary
who receives a refund of any qualified higher education
expenses from an eligible educational institution in
connection with withdrawal from enrollment at such
institution, subparagraph (A) shall not apply to that
portion of any distribution for the taxable year which
is recontributed to a qualified tuition program of
which such individual is a beneficiary, but only to the
extent such recontribution is made not later than 60
days after the date of such refund and does not exceed
the refunded amount.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to distributions after December 31, 2013.
SEC. 5. SPECIAL ROLLOVER TO ROTH IRA FROM LONG-TERM QUALIFIED TUITION
PROGRAM.
(a) In General.--Paragraph (3) of section 529(c) of the Internal
Revenue Code of 1986, as amended by this Act, is amended by adding at
the end the following new subparagraph:
``(F) Special rollover to roth ira from long-term
qualified tuition program.--For purposes of this
section--
``(i) In general.--In the case of a
distribution from a qualified tuition program
which has been maintained by an account owner
for the 10-year period ending on the date of
such distribution--
``(I) subparagraph (A) shall not
apply to any portion of such
distribution which, not later than 60
days after such distribution, is paid
into a Roth IRA maintained for the
benefit of such account owner or the
designated beneficiary under such
qualified tuition program, and
``(II) such portion shall be
treated as a rollover contribution for
purposes of section 408A(e).
``(ii) Limitation.--Clause (i) shall only
apply to so much of any distribution as does
not exceed the lesser of--
``(I) $25,000, or
``(II) the aggregate amount
contributed to the program (and
earnings attributable thereto) before
the 5-year period ending on the date of
the distribution.''.
(b) Qualified Rollover Contribution.--Paragraph (1) of section
408A(e) of such Code is amended by striking the period at the end of
subparagraph (B) and inserting ``, and'' and by inserting after
subparagraph (B) the following new subparagraph:
``(C) from a covered qualified tuition program (as
defined in section 529(c)(3)(F)(ii)).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to distributions after December 31, 2013. | Amends the Internal Revenue Code, with respect to tax-exempt qualified tuition programs (529 plans), to: (1) make permanent the allowance for computer technology and equipment expenses and require that such technology and equipment be used primarily by the plan beneficiary (formerly, beneficiary and beneficiary's family); (2) allow contributors to a 529 plan or a plan beneficiary to direct plan investments, but not more frequently than four times per calendar year; (3) permit a recontribution to a 529 plan of amounts refunded to a student who withdraws from an educational institution if the recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount; and (4) allow tax-free rollovers to a Roth individual retirement account (Roth IRA) of distributions from a qualified tuition program which has been maintained by the account holder for a 10-year period. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to improve 529 plans."} | 1,145 | 228 | 0.594248 | 1.730137 | 0.607172 | 2.558824 | 5.435294 | 0.805882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Safety Act
of 2003''.
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926A the following:
``Sec. 926B. Carrying of concealed firearms by qualified law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
law enforcement officer and who is carrying the identification required
by subsection (d) may carry a concealed firearm that has been shipped
or transported in interstate or foreign commerce, subject to subsection
(b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation, building,
base, or park.
``(c) As used in this section, the term `qualified law enforcement
officer' means an employee of a governmental agency who--
``(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and has
statutory powers of arrest;
``(2) is authorized by the agency to carry a firearm;
``(3) is not the subject of any disciplinary action by the
agency;
``(4) meets standards, if any, established by the agency
which require the employee to regularly qualify in the use of a
firearm; and
``(5) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is the
photographic identification issued by the governmental agency for which
the individual is, or was, employed as a law enforcement officer.
``(e) Defined Term.--As used in this section, the term `firearm'
does not include--
``(1) any machinegun (as defined in section 5845 of title
26);
``(2) any firearm silencer (as defined in section 921); and
``(3) any destructive device (as defined in section
921).''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926A the
following:
``926B. Carrying of concealed firearms by qualified law enforcement
officers.''.
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM
STATE LAWS PROHIBITING THE CARRYING OF CONCEALED
FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
further amended by inserting after section 926B the following:
``Sec. 926C. Carrying of concealed firearms by qualified retired law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
retired law enforcement officer and who is carrying the identification
required by subsection (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce, subject to
subsection (b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation, building,
base, or park.
``(c) As used in this section, the term `qualified retired law
enforcement officer' means an individual who--
``(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons of
mental instability;
``(2) before such retirement, was authorized by law to
engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any
person for, any violation of law, and had statutory powers of
arrest;
``(3)(A) before such retirement, was regularly employed as
a law enforcement officer for an aggregate of 15 years or more;
or
``(B) retired from service with such agency, after
completing any applicable probationary period of such service,
due to a service-connected disability, as determined by such
agency;
``(4) has a nonforfeitable right to benefits under the
retirement plan of the agency;
``(5) during the most recent 12-month period, has met, at
the expense of the individual, the State's standards for
training and qualification for active law enforcement officers
to carry firearms; and
``(6) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is
photographic identification issued by the agency for which the
individual was employed as a law enforcement officer.
``(e) Defined Term.--As used in this section, the term `firearm'
does not include--
``(1) any machinegun (as defined in section 5845 of title
26);
``(2) any firearm silencer (as defined in section 921); and
``(3) a destructive device (as defined in section 921).''.
(b) Clerical Amendment.--The table of sections for such chapter is
further amended by inserting after the item relating to section 926B
the following:
``926C. Carrying of concealed firearms by qualified retired law
enforcement officers.''. | (This measure has not been amended since it was introduced in the Senate on January 30, 2003. The summary of that version is repeated here.)Law Enforcement Officers Safety Act of 2003 - Amends the Federal criminal code to authorize qualified law enforcement officers (including certain qualified retired officers) carrying the photographic identification issued by their governmental agency, notwithstanding State or local laws, to carry a concealed firearm. Provides that such authorization shall not supersede State laws that: (1) permit private entities to prohibit the possession of concealed firearms on their property; or (2) prohibit the possession of firearms on State or local government property. Excludes from the definition of "firearm" any machine gun, firearm silencer, or destructive device. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns."} | 1,304 | 155 | 0.579197 | 1.498774 | 0.616945 | 2.246377 | 8.847826 | 0.826087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training for Future Jobs Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Local nonprofit organizations are effective providers
of job training for adults and out-of-school youth.
(2) Twelve Federal departments and independent agencies
administer over 100 Federal programs that provide over
$10,000,000,000 for job training for adults and out-of-school
youth.
(3) These multiple programs and multiple agencies--
(A) create confusion on the part of local service
providers and individuals seeking assistance; and
(B) lead to waste and inefficiency in Federal
programs.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a 5-year demonstration of
the economy and efficiency of centralizing Federal job training
programs.
SEC. 4. JOB TRAINING COUNCIL.
(a) Composition.--There is established the Job Training Council,
which shall be comprised of--
(1) the Director of the Office of Management and Budget,
(2) the Secretary of Agriculture,
(3) the Secretary of Commerce,
(4) the Secretary of Defense,
(5) the Secretary of Education,
(6) the Secretary of Health and Human Services, and
(7) the Secretary of Labor.
(b) Chairperson.--The Director of the Office of Management and
Budget shall be the Chairperson of the Council.
SEC. 5. GRANTS.
(a) General Authority.--The Council, subject to the availability of
appropriations, may make grants to--
(1) nonprofit organizations for the retraining of
dislocated workers; and
(2) nonprofit educational telecommunications organizations
to pay the Federal share of the costs of the development,
production, and distribution of instructional
telecommunications materials and services for use in local
vocational and technical educational schools and colleges.
Such organizations referred to in paragraph (1) may provide for the
recruitment of unemployed workers, vocational evaluation, assessment
and counseling services, vocational and technical training, support
services, and job placement assistance. The design and operation of
each organization referred to in paragraph (1) shall provide for the
utilization of appropriate existing Federal, State, and local programs.
(b) Use of Funds.--Grants awarded pursuant to this Act may be used
to provide--
(1) a sequential course of study that includes either
preproduced video courseware or direct interactive teaching
delivered via satellite, accompanied by a variety of print and
computer-based instructional materials;
(2) the development of individual videocassettes or a
series of videocassettes that supplement instruction, which
shall be distributed both via broadcast and nonbroadcast means;
(3) videodiscs that produce simulated hands-on training;
(4) teacher training programs for vocational educators and
administrators and correctional educators; and
(5) high technology manufacturing equipment and the
installation of such equipment in a nonprofit organization for
the purpose of training machine tool operators in skills
critical to building, operating, and maintaining such
equipment.
(c) Priority of Persons Served.--In awarding grants under this Act,
the Council shall give priority to programs or projects which serve--
(1) students in area vocational and technical schools;
(2) teachers, administrators, and counselors in need of
training or retraining;
(3) out-of-school adults in need of basic skills
improvement or a high school equivalency diploma to improve the
employability of such individuals;
(4) college students, particularly college students who are
working toward a 2-year associate degree from a technical or
community college;
(5) civilian workers in need of basic skills, vocational
instruction, or career counseling to retain employment; and
(6) civilian workers or military personnel who need to
improve their skills to obtain jobs in high-growth industries.
(d) Priority of Geographic Areas.--In awarding grants under this
Act, the Council shall give priority to areas of the country with high
rates of labor unemployment.
(e) Federal Share.--
(1) The Federal share of the cost of each project assisted
under this Act shall be 50 percent.
(2) The non-Federal share of the cost of each project
assisted under this Act shall be provided from non-Federal
sources.
SEC. 6. WAIVER OF REQUIREMENT.
The Council may waive for a nonprofit organization those
requirements of different existing Federal job training assistance
programs for adults and out-of-school youth that are inconsistent, if--
(1) such a waiver is likely to make the organization's job
training program more efficient; and
(2) the chief executive of the local government of the area
in which the organization is located certifies that the
organization's job training program is part of an economic
development plan adopted by the local government.
SEC. 7. DISSEMINATION OF INFORMATION.
The Council shall disseminate information on successful retraining
models developed by any recipient of a grant under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000,000 for grants by
the Council for each of the fiscal years 1994, 1995, 1996, 1997, and
1998.
SEC. 9. TERMINATION AND REPEAL; EVALUATION.
(a) Termination and Repeal.--This Act shall not be effective after,
and is repealed on, the date that is 5 years after the date of its
enactment.
(b) Evaluation.--The Comptroller General of the United States shall
submit to the Congress, by no later than 4 years after the date of the
enactment of this Act, a report describing the extent to which grants
under this Act have served to train people for jobs, including
recommendations with respect to extending the effectiveness of this
Act.
SEC. 10. REGULATIONS.
The Council shall issue regulations to implement this Act within
180 days after the date of its enactment.
SEC. 11. DEFINITIONS.
In this Act--
(1) the term ``Council'' means the Job Training Council
established in section 4;
(2) the term ``local government'' means any subdivision of
a State that is a unit of general local government (as that
term is defined in section 6501 of title 31, United States
Code); and
(3) the term ``nonprofit organization'' means any
organization that is owned and operated by 1 or more
corporations or associations whose net earnings do not benefit,
and cannot lawfully benefit, any private shareholder or entity. | Training for Future Jobs Act of 1993 - Establishes a five-year demonstration of centralizing Federal job training programs.
Establishes the Job Training Council, composed of the Secretaries of Agriculture, Commerce, Defense, Education, Health and Human Services, and Labor, and the Director of the Office of Management and the Budget as Chairperson.
Authorizes the Council to make matching grants to: (1) nonprofit organizations for retraining dislocated workers; and (2) nonprofit educational telecommunications organizations for developing, producing, and distributing instructional telecommunications materials and services for local vocational and technical educational schools and colleges.
Sets forth priorities for persons to be served and for areas of high labor unemployment rates.
Authorizes the Council to waive for a nonprofit organization inconsistent requirements of different Federal job training assistance programs for adults and out-of-school youth under specified conditions, including local government certification.
Directs the Council to disseminate information on successful retraining models developed by any grant recipient under this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Training for Future Jobs Act of 1993"} | 1,369 | 220 | 0.668737 | 1.92365 | 0.89919 | 3.766839 | 6.917098 | 0.896373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Marine Sanctuaries Renewal
Act of 1996''.
SEC. 2. REAUTHORIZATION OF THE NATIONAL MARINE SANCTUARIES ACT.
The National Marine Sanctuaries Act (16 U.S.C. 1431-1445a) is
amended as follows:
(1) In subsection 311(b) (16 U.S.C. 1442(b)), by adding
after the first sentence the following: ``The Secretary may
also create, or participate in the creation of, nonprofit
organizations to solicit donations to carry out the purposes
and policies of this title.''.
(2) In subsection 311(c) (16 U.S.C. 1442(c)), by adding at
the end of the subsection the following: ``The Secretary is
authorized to recruit, train, and accept the services of
individuals without compensation as volunteers, and may provide
for incidental expenses such as transportation, uniforms,
lodging, and subsistence of such volunteers. The provisions of
16 U.S.C. 742f(c)(3)-(5) shall apply to such volunteers.''.
(3) In section 313 (16 U.S.C. 1444), by striking ``and'' in
paragraph (3) and inserting ``; and (5) such sums as may be
necessary for fiscal years 1997, 1998, 1999, and 2000'' before
the period.
(4) In section 315(e)(3) (16 U.S.C. 1445a(e)(3)), by adding
before the period ``; such notice, however, need only be
published locally in the case of an advisory council
established to provide assistance to a particular sanctuary''.
(5) By adding the following new sections after section 315:
``SEC. 316. ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES.
``(a) In General.--To augment appropriations and enhance funding
for the designation and management of national marine sanctuaries, the
Secretary is authorized to develop, market, and sell symbols under this
section and products under section 317.
``(b) Program.--The Secretary's authority under this section
specifically includes--
``(1) the creation, adoption, and publication in the
Federal Register by the Secretary of a symbol for the national
marine sanctuary program, or for individual national marine
sanctuaries;
``(2) the solicitation of persons to be designated as
official sponsors of the national marine sanctuary program or
of individual national marine sanctuaries;
``(3) the designation of persons by the Secretary as
official sponsors of the national marine sanctuary program or
of individual sanctuaries;
``(4) the authorization by the Secretary of the use of any
symbol published under paragraph (1) by official sponsors of
the national marine sanctuary program or of individual national
marine sanctuaries;
``(5) the establishment of prices and collection by the
Secretary of monetary and/or in-kind payments from official
sponsors for the manufacture, reproduction, or use of the
symbols published under paragraph (1);
``(6) the establishment of a special interest-bearing
revolving fund;
``(7) the retention of any monetary proceeds collected
under paragraph (5) by the Secretary in the fund established
under paragraph (6); and
``(8) the use of in-kind proceeds collected under paragraph
(5) by the Secretary, and the expenditure of any amounts in the
fund established under paragraph (6), without appropriation, by
the Secretary to designate and manage national marine
sanctuaries.
``(c) Contract Authority.--The Secretary may contract with any
person for the creation of symbols or the solicitation of official
sponsors under subsection (b).
``(d) Restrictions.--The Secretary may restrict the use of the
symbols published under subsection (b), and the designation of official
sponsors of the national marine sanctuary program or of individual
national marine sanctuaries to ensure compatibility with the goals of
the national marine sanctuary program.
``(e) Property of the United States.--Any symbol which is adopted
by the Secretary and published in the Federal Register under subsection
(b) is deemed to be the property of the United States.
``(f) Prohibited Activities.--It is unlawful for any person--
``(1) designated as an official sponsor to influence or
seek to influence any decision by the Secretary or any other
Federal official related to the designation or management of a
national marine sanctuary, except to the extent that a person
who is not so designated may do so;
``(2) to represent himself or herself to be an official
sponsor absent a designation by the Secretary;
``(3) to manufacture, reproduce, or use any symbol adopted
by the Secretary absent designation as an official sponsor and
without payment of monetary and/or in-kind proceeds to the
Secretary; or
``(4) to violate any regulation promulgated by the
Secretary under this section.
``(g) Definition.--The term `official sponsor' means any person
designated by the Secretary who is authorized to manufacture,
reproduce, or use any symbol created, adopted, and published in the
Federal Register under this section for monetary and/or in-kind
proceeds paid to the Secretary.
``SEC. 317. CREATION AND SALE OF NATIONAL MARINE SANCTUARY PRODUCTS.
``(a) Authorization.--The Secretary is authorized to create,
market, and sell products to promote the National Marine Sanctuary
Program and may enter into exclusive or nonexclusive agreements
authorizing entities to create, market and/or sell such products on the
Secretary's behalf.
``(b) Proceeds.--The proceeds from sale of these products shall be
deposited in the interest bearing revolving fund established by section
316(b)(6).
``(c) Expenditure.--The Secretary may expend the proceeds from sale
of National Marine Sanctuary products deposited in the revolving fund
established by section 316(b)(6) and interest, without appropriation,
to designate and manage national marine sanctuaries.''. | National Marine Sanctuaries Renewal Act of 1996 - Amends the National Marine Sanctuaries Act to authorize the Secretary of Commerce to: (1) create, or participate in the creation of, nonprofit organizations to solicit donations to carry out the Act; and (2) recruit, train, and accept volunteer services and provide for incidental expenses such as transportation, uniforms, lodging, and subsistence of the volunteers.
Authorizes appropriations to carry out the Marine Protection, Research, and Sanctuaries Act of 1972.
Modifies national marine sanctuary advisory committee procedural requirements.
Authorizes: (1) the development, marketing, and sale of symbols, including a symbol for the national marine sanctuary program (NMSP); (2) the designation of persons as official sponsors of the NMSP or individual sanctuaries; (3) the creation, marketing, and sale of products to promote the NMSP; (4) establishment of a revolving fund containing sponsor payments and product sale proceeds; (5) the use of in-kind sponsor proceeds; and (6) the expenditure of fund amounts, without appropriation, to designate and manage sanctuaries. | {"src": "billsum_train", "title": "National Marine Sanctuaries Renewal Act of 1996"} | 1,321 | 246 | 0.641902 | 2.018697 | 0.875898 | 3.416667 | 5.569444 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Science for Nuclear
Waste Disposal Act of 2004''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Under the Nuclear Waste Policy Act of 1982, the storage
of high-level radioactive waste, transuranic waste, and spent
nuclear fuel is to be located at a central repository.
(2) The Department of Energy estimates that completing the
Yucca Mountain central repository project will cost
$58,000,000,000, making the project one of the most costly
public works projects in the world.
(3) Numerous geological and hydrological conditions found
at Yucca Mountain support the contention that Yucca Mountain is
not a suitable site for a central repository.
(4) Public health and safety regulations have consistently
been altered in order to make Yucca Mountain appear to be a
feasible option.
(5) Storing high-level radioactive waste in a central
repository at Yucca Mountain would require the transportation
of more than 70,000 tons of nuclear waste through 43 States,
and through hundreds of cities and towns. Fifty million
Americans live within one half mile of the shipping routes,
creating an unacceptable risk of catastrophic radiation
exposure.
(6) Current nuclear power reactor sites can safely store
high-level radioactive waste for another 100 years (according
to the Nuclear Regulatory Commission). By implementing the most
advanced existing technology, nuclear power reactor sites could
store waste for an additional 100 years, thus eliminating the
need to immediately site a central repository.
(7) The United States can create solutions to the long-term
problems of storing high-level radioactive waste by exploring
emerging technologies with the potential to neutralize highly
radioactive waste.
(8) The research, development, and utilization in the
United States of risk-decreasing technologies for the safe
disposal of nuclear waste is not only feasible, but it is our
best alternative to storing high-level nuclear waste at a
central repository.
(9) The Nuclear Waste Fund has accumulated more than
$10,000,000,000 to store high-level nuclear radioactive waste
in a central repository, a failed concept. Given the scientific
evidence against the Yucca Mountain site, and the health and
safety problems inherent in the concept of a central high-level
radioactive waste repository, the Nuclear Waste Fund should be
directed toward the research, development, and utilization of
these alternative waste storage and disposal technologies to
better protect our environment.
(10) The insurmountable problems associated with storing
nuclear waste in a central repository requires the Congress to
terminate the Yucca Mountain Project and to immediately launch
a focused research and development program to develop safe
nuclear waste disposal technologies.
SEC. 3. NUCLEAR WASTE FUND.
Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222) is amended--
(1) in subsection (a)--
(A) by striking ``Contracts.--(1) In the'' and all
that follows through ``described in subsection (d).''
and inserting ``Payments.--(1) The Secretary shall
provide for payments into the Nuclear Waste Fund of
fees pursuant to paragraph (2) for use as provided in
this section.'';
(B) by striking paragraphs (3), (5), and (6) and
redesignating paragraph (4) as paragraph (3); and
(C) in paragraph (3), as so redesignated by
subparagraph (B) of this paragraph--
(i) by striking ``paragraphs (2) and (3)
above'' and inserting ``paragraph (2)'';
(ii) by striking ``offset the costs as
defined in subsection (d) herein'' and
inserting ``support the uses described in
subsection (c)'';
(iii) by striking ``recover the costs
incurred'' and all that follows through ``full
cost recovery.'' and inserting ``support the
uses described in subsection (c), the Secretary
shall propose an adjustment to the fee to fully
support those uses. The Secretary shall also
annually adjust the fee for inflation.''; and
(iv) by striking ``this proposal for such
an adjustment to Congress'' and all that
follows through ``the Energy Policy and
Conservation Act'' and inserting ``proposals
for fee adjustment to Congress'';
(2) by striking subsections (b) and (d);
(3) by redesignating subsections (c) and (e) as subsections
(b) and (d), respectively;
(4) in subsection (b), as so redesignated by paragraph (3)
of this section--
(A) by striking ``, (b), and (e)'' and inserting
``and (d)'' in paragraph (1);
(B) by inserting ``and'' at the end to paragraph
(1);
(C) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(D) by striking paragraph (3);
(5) by inserting after subsection (b), as so redesignated
by paragraph (3) of this section, the following new subsection:
``(c) Uses of Nuclear Waste Fund.--The Nuclear Waste Fund shall be
available to the Secretary only to pay the cost of research,
development, and utilization in the United States of risk-decreasing
technologies, with an emphasis on technologies that--
``(1) increase the length of time that nuclear waste can be
safely stored at or near--
``(A) in the case of waste existing on the date of
enactment of the 21st Century Science for Nuclear Waste
Disposal Act of 2004, the site where the waste was
located on such date of enactment; and
``(B) in the case of waste not existing on the date
of enactment of the 21st Century Science for Nuclear
Waste Disposal Act of 2004, the site where the waste is
generated;
``(2) require the least amount of transportation of nuclear
waste practicable; and
``(3) reduce the level of radiation of the nuclear waste.
The Government shall not use any funds for research, development, or
implementation of a central high-level radioactive waste and spent
nuclear fuel repository.''; and
(6) in subsection (d), as so redesignated by paragraph (3)
of this section, by striking ``subsection (d)'' in paragraph
(6) and inserting ``subsection (c)''.
SEC. 4. REPEALS AND REDESIGNATIONS.
(a) In General.--The Nuclear Waste Policy Act of 1982 is amended--
(1) by redesignating section 151 as section 10 and moving
it to appear after section 9, and by repealing the remainder of
title I;
(2) by repealing title II;
(3) by redesignating sections 302 and 306 as sections 11
and 12, respectively, and moving them to appear after section
10, and by repealing the remainder of title III;
(4) by repealing title IV; and
(5) by repealing title V.
(b) Conforming Amendments.--The Nuclear Waste Policy Act of 1982 is
amended--
(1) in section 2--
(A) by striking paragraphs (1), (2), (4), (5), (8),
(10), (11), (13), (14), (15), (17), (19), (21), (22),
(25), (26), (27), (28), (30), (31), (32), (33), and
(34);
(B) by redesignating paragraphs (3), (6), (7), (9),
(12), (16), (18), (20), (23), (24), and (29) as
paragraphs (1), (2), (3), (4), (5), (6), (7), (10),
(11), (12), and (13) respectively; and
(C) by inserting after paragraph (7), as so
redesignated by subparagraph (B) of this paragraph, the
following new paragraphs:
``(8) Research.--The term `research' includes both basic
and applied research.
``(9) Risk-decreasing technologies.--The term `risk-
decreasing technologies' means technologies that reduce the
adverse impact nuclear waste has on human and ecological health
and well-being through reduction in radiation levels and other
methods.''; and
(2) in section 8--
(A) by striking ``subsection (c)'' and inserting
``subsection (b)'' in subsection (a);
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection
(b).
(c) Table of Contents Amendments.--The items in the table of
contents of the Nuclear Waste Policy Act of 1982 relating to titles I
through V are repealed, and the following items are inserted after the
item relating to section 9:
``Sec. 10. Financial arrangements for site closure.
``Sec. 11. Nuclear Waste Fund.
``Sec. 12. Nuclear Regulatory Commission training authorization.''.
SEC. 5. REPEAL OF SPECIAL RULES FOR NUCLEAR DECOMMISSIONING COSTS.
(a) In General.--Section 468A of the Internal Revenue Code of 1986
is hereby repealed.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 172(f)(1) of such Code is
amended by striking ``or 468A(a)''.
(2) The table of sections for subpart C of part II of
subchapter E of chapter 1 of such Code is amended by striking
the item relating to section 468A.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | 21st Century Science for Nuclear Waste Disposal Act of 2004 - Amends the Nuclear Waste Policy Act of 1982 to repeal the authority of the Secretary of Energy (Secretary) to enter into contracts for the acceptance of title, transportation, and disposal of spent nuclear fuel or high-level radioactive waste.
Declares that the Nuclear Waste Fund shall be available to the Secretary only to pay the cost of research, development, and utilization in the United States of risk-decreasing technologies, with an emphasis on technologies that: (1) increase the length of time that nuclear waste can be safely stored at or near areas where currently located or where (in the future) generated; (2) require the least amount of transportation of nuclear waste practicable; and (3) reduce the level of radiation of the nuclear waste.
Prohibits the government from using funds for research, development, or implementation of a central high-level radioactive waste and spent nuclear fuel repository.
Repeals the Nuclear Waste Policy Act of 1982, but retains requirements governing: (1) financial arrangements for site closure for low-level radioactive waste; (2) the Nuclear Waste Fund; and (3) Nuclear Regulatory Commission training authorization.
Amends the Internal Revenue Code to repeal special rules governing nuclear decommissioning costs. | {"src": "billsum_train", "title": "To redirect the Nuclear Waste Fund established under the Nuclear Waste Policy Act of 1982 into research, development, and utilization of risk-decreasing technologies for the onsite storage and eventual reduction of radiation levels of nuclear waste, and for other purposes."} | 2,086 | 268 | 0.587819 | 1.820975 | 0.783089 | 5.891129 | 8.447581 | 0.923387 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Innovation Modernization by
Laboratory Empowerment Act'' or the ``NIMBLE Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--The term ``National Laboratory''
means a Department of Energy nonmilitary national laboratory,
including--
(A) Ames Laboratory;
(B) Argonne National Laboratory;
(C) Brookhaven National Laboratory;
(D) Fermi National Accelerator Laboratory;
(E) Idaho National Laboratory;
(F) Lawrence Berkeley National Laboratory;
(G) National Energy Technology Laboratory;
(H) National Renewable Energy Laboratory;
(I) Oak Ridge National Laboratory;
(J) Pacific Northwest National Laboratory;
(K) Princeton Plasma Physics Laboratory;
(L) Savannah River National Laboratory;
(M) Stanford Linear Accelerator Center;
(N) Thomas Jefferson National Accelerator Facility;
and
(O) any laboratory operated by the National Nuclear
Security Administration, but only with respect to the
civilian energy activities thereof.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.
(a) In General.--Subject to subsections (b) and (c), the Secretary
shall delegate to directors of the National Laboratories signature
authority with respect to any agreement described in subsection (b) the
total cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1 million, if such an
agreement falls within the scope of--
(1) a strategic plan for the National Laboratory that has
been approved by the Department; or
(2) the most recent congressionally approved budget for
Department activities to be carried out by the National
Laboratory.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a non-Federal work-for-others agreement; and
(3) any other agreement determined to be appropriate by the
Secretary, in collaboration with the directors of the National
Laboratories.
(c) Administration.--
(1) Accountability.--The director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department, including by ensuring that the
agreement does not compromise any national security, economic,
or environmental interest of the United States.
(2) Certification.--The director of the affected National
Laboratory and the affected contractor shall certify that each
activity carried out under a project for which an agreement is
entered into under this section does not present, or minimizes,
any apparent conflict of interest, and avoids or neutralizes
any actual conflict of interest, as a result of the agreement
under this section.
(3) Availability of records.--Within 30 days of entering an
agreement under this section, the director of a National
Laboratory shall submit to the Secretary for monitoring and
review all records of the National Laboratory relating to the
agreement.
(4) Rates.--The director of a National Laboratory may
charge higher rates for services performed under a partnership
agreement entered into pursuant to this section, regardless of
the full cost of recovery, if such funds are used exclusively
to support further research and development activities at the
respective National Laboratory.
(d) Exception.--This section does not apply to any agreement with a
majority foreign-owned company.
(e) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
the subparagraphs appropriately;
(B) by striking ``Each Federal agency'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 3(a) of the NIMBLE Act, approval by the
Secretary of Energy shall not be required for any technology
transfer agreement proposed to be entered into by a National
Laboratory of the Department of Energy, the total cost of which
(including the National Laboratory contributions and project
recipient cost share) is less than $1 million.''; and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
SEC. 4. SAVINGS CLAUSE.
Nothing in this Act or an amendment made by this Act abrogates or
otherwise affects the primary responsibilities of any National
Laboratory to the Department.
Passed the House of Representatives June 27, 2018.
Attest:
KAREN L. HAAS,
Clerk. | National Innovation Modernization by Laboratory Empowerment Act or the NIMBLE Act This bill directs the Department of Energy (DOE) to delegate signature authority to the nonmilitary national laboratories for certain agreements. Activity under such an agreement must have a total cost of less than $1 million (including the contributions of the national laboratory and the cost share of the contractor). Agreements must fall within the scope of: a strategic plan for the laboratory that has been approved by DOE, or the most recent congressionally approved budget for DOE activities that are to be carried out by the laboratory. | {"src": "billsum_train", "title": "National Innovation Modernization by Laboratory Empowerment Act"} | 1,097 | 123 | 0.605273 | 1.597124 | 0.667176 | 2.752294 | 9.33945 | 0.880734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Liberty Protection Act of
2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Deeply embedded in the history and traditions of the
United States is the protection of religious freedom. The First
Amendment of the United States Constitution states ``Congress
shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof'', and thus, it gives
general protection for individuals' religious beliefs and
practices.
(2) Repeatedly during the existence of the United States,
Congress has reaffirmed the freedom of religion by enacting,
among other things, title VII of the Civil Rights Act of 1964,
the Church amendment, the Weldon amendment, section 245 of the
Public Health Service Act, and the Religious Freedom
Restoration Act of 1993. Through their passage, the United
States has augmented religious freedoms and set the precedent
of protection of conscience rights.
(3) The Weldon amendment has been regularly included in
appropriations legislation for the Department of Health and
Human Services. The Weldon amendment prohibits Federal
agencies, States, and local governments that receive the
appropriated funds in the respective Act from discriminating
among institutional or individual health care professionals,
organizations, facilities, and plans on the basis of a health
care entity's refusal to provide, pay for, provide coverage of,
or refer for abortions.
(4) The United States has a history of protecting
individuals, organizations, facilities, and plans from being
penalized or discriminated against due to their religious
beliefs and moral values. Until the enactment of the Patient
Protection and Affordable Care Act (Public Law 111-148), the
Federal Government has never sought to impose specific health
care coverage or care requirements that infringe on the
conscience rights of insurers, purchasers of insurance, plan
sponsors, beneficiaries, and other stakeholders, such as
individual or institutional health care entities.
(5) The Patient Protection and Affordable Care Act grants
the Department of Health and Human Services the authority to
provide a list of detailed services to be included as essential
health benefits (as defined in section 1302(a) of the Patient
Protection and Affordable Care Act), and preventive health
services described in section 2713 of the Public Health Service
Act. These services represent a new nationwide coverage
requirement for health plans.
(6) The Patient Protection and Affordable Care Act provides
a narrow exemption for religious groups that object to
participation in government health programs generally, but it
does not allow purchasers, plan sponsors, and other
stakeholders with religious or moral objections to specific
required items or services to decline providing or obtaining
coverage of such items or services, or allow health care
entities with such objections to decline to provide them.
(7) By creating new barriers to health insurance and
causing the loss of existing insurance arrangements, these
inflexible mandates in the Patient Protection and Affordable
Care Act jeopardize the ability of individuals to exercise
their rights of conscience and their ability to freely
participate in the health insurance and health care
marketplace.
(8) In a significant move from the current free insurance
coverage market, the Department of Health and Human Services
issued an interim rule on August 1, 2011, requiring individual
and group health plans to cover free sterilization and all
contraceptives approved by the Food and Drug Administration.
(9) Within the list of contraceptives approved by the Food
and Drug Administration are drugs containing abortifacient
substances and effects, including Levonorgestral commonly known
as Plan B and ulipristal acetate marketed as Ella. Thus, the
Patient Protection and Affordable Care Act effectively mandates
employers to provide health care insurance covering abortion
drugs and services, which is a violation of numerous Federal
provisions aforementioned.
(10) On January 20, 2012, the Department of Health and
Human Services announced that it would not broaden the
religious exemption it included in its August 1, 2011, interim
rule. Instead, it gave institutions and employers with
religious and moral objections to including free sterilization
and all contraceptives approved by the Food and Drug
Administration in their offered health insurance plan an
additional year to ``adapt'' their consciences to the mandate.
SEC. 3. PROTECTING RIGHTS OF CONSCIENCE.
(1) Prohibition on implementation of certain rules.--
Notwithstanding any other provision of law, the Secretary of
Health and Human Services shall not implement or enforce any
provision of the interim final rule published on July 19, 2010
(75 Federal Register 41726) or any amendment to such rule,
including the amendment published on August 3, 2011 (76 Federal
Register 46621), insofar as such provision or amendment relates
to requiring any individual or entity to provide coverage of
sterilization or contraceptive services to which the individual
or entity is opposed on the basis of religious belief.
(2) Clarification on application to ppaca requirements.--
Section 1302(b) of the Patient Protection and Affordable Care
Act (Public Law 111-148; 42 U.S.C. 18022(b)) is amended by
adding at the end the following new paragraph:
``(6) Special rule.--A health plan shall not be considered
to have failed to provide the essential health benefits package
described in subsection (a) (or preventive health services
described in section 2713 of the Public Health Service Act), to
fail to be a qualified health plan, or to fail to fulfill any
other requirement under this title on the basis that the plan
does not provide (or pay for) coverage of sterilization or
contraceptive services because--
``(A) providing (or paying for) such coverage is
contrary to the religious or moral beliefs of the
sponsor, issuer, or other entity offering the plan; or
``(B) such coverage, in the case of individual
coverage, is contrary to the religious or moral beliefs
of the purchaser or beneficiary of the coverage.''. | Religious Liberty Protection Act of 2012 - Prohibits the Secretary of Health and Human Services (HHS) from implementing or enforcing any provision of the interim final rule published on July 19, 2010, related to the coverage of preventive health services under the Patient Protection and Affordable Care Act (PPACA) or any amendment to such rule insofar as such provision or amendment require any individual or entity to provide coverage of sterilization or contraceptive services to which the individual or entity is opposed on the basis of religious belief.
Amends PPACA to declare that a health plan shall not be considered to have failed to provide essential health benefits, to fail to be a qualified health plan, or to fail to fulfill any other requirements on the basis that the plan does not provide or pay for coverage of sterilization or contraceptive services because: (1) providing or paying for such coverage is contrary to the religious or moral beliefs of the sponsor, issuer, or other entity offering the plan; or (2) such coverage, in the case of individual coverage, is contrary to the religious or moral beliefs of the purchaser or beneficiary of the coverage. | {"src": "billsum_train", "title": "To prohibit the Secretary of Health and Human Services from implementing certain rules relating to the health insurance coverage of sterilization and contraceptives approved by the Food and Drug Administration."} | 1,239 | 237 | 0.547672 | 1.611855 | 0.915367 | 6.767442 | 5.618605 | 0.962791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Congressionally Mandated
Reports Act''.
SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS.
(a) Requirement To Establish Website.--Not later than one year
after the date of the enactment of this Act, the Public Printer shall
establish and maintain a website accessible by the public that allows
the public to obtain electronic copies of all congressionally mandated
reports in one place. The Public Printer may publish other reports on
such website.
(b) Content and Function.--The Public Printer shall ensure that the
website required under subsection (a) includes the following:
(1) With respect to each congressionally mandated report,
each of the following:
(A) A citation to the statute or conference report
requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, in an
open format that is platform independent and that is
available to the public without restrictions, including
restrictions that would impede the re-use of the
information in the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee receiving
the report, if applicable.
(v) Subject tags.
(vi) The serial number, Superintendent of
Documents number, or other identification
number for the report, if applicable.
(vii) The statute or conference report
requiring the report.
(viii) Key words.
(ix) Full text search.
(x) Any other relevant information
specified by the Public Printer.
(D) The time and date when the report was required
to be submitted, and when the report was submitted, to
the website.
(E) Access to the report not later than 30 calendar
days after its submission to Congress.
(F) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports or a selection of reports retrieved using a
search.
(3) A means for the head of each Federal agency to publish
on the website each congressionally mandated report of the
agency, as required by section 3.
(4) A list form for all congressionally mandated reports
that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) reports not submitted.
(c) Free Access.--The Public Printer may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the website required under subsection (a).
(d) Upgrade Capability.--The website required under subsection (a)
shall be enhanced and updated as necessary to carry out the purposes of
this Act.
SEC. 3. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--The head of each
Federal agency shall publish congressionally mandated reports of the
agency on the website required under section 2(a)--
(1) in an open format that is platform independent, machine
readable, and available to the public without restrictions
(except the redaction of information described under section
5), including restrictions that would impede the re-use of the
information in the reports; and
(2) in accordance with the guidance issued under subsection
(c).
(b) Submission of Additional Information.--The head of each Federal
agency shall submit to the Public Printer the information required
under subparagraphs (A) through (D) of section 2(b)(1) with respect to
each congressionally mandated report published pursuant to subsection
(a).
(c) Guidance.--Not later than eight months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Public Printer, shall issue guidance
to agencies on the implementation of this Act.
SEC. 4. REMOVING AND ALTERING REPORTS.
A report submitted to be published to the website required under
section 2(a) may only be changed or removed, with the exception of
technical changes, by the head of the Federal agency concerned with the
express, written consent of the chairman of each congressional
committee to which the report is submitted.
SEC. 5. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(a) In General.--Nothing in this Act shall be construed to require
the disclosure of information or records that are exempt from public
disclosure under section 552 of title 5, United States Code, or to
impose any affirmative duty on the Public Printer to review
congressionally mandated reports submitted for publication to the
website established under section 2(a) for the purpose of identifying
and redacting such information or records.
(b) Redaction of Report.--With respect to each congressionally
mandated report, the relevant head of each Federal agency shall redact
any information that may not be publicly released under section 552(b)
of title 5, United States Code, before submission for publication on
the website established under section 2(a), and shall--
(1) redact only such information from the report;
(2) identify where any such redaction is made in the
report; and
(3) identify the exemption under which each such redaction
is made.
SEC. 6. DEFINITIONS.
In this Act:
(1) Congressionally mandated report.--The term
``congressionally mandated report'' means a report that is
required to be submitted to either House of Congress or any
committee of Congress by statute or by a conference report that
accompanies legislation enacted into law.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government Accountability
Office.
SEC. 7. IMPLEMENTATION.
Except as provided in section 3(c), this Act shall be implemented
not later than one year after the date of the enactment of this Act and
shall apply with respect to congressionally mandated reports submitted
to Congress on or after the date occurring one year after such date of
enactment. | Access to Congressionally Mandated Reports Act - Requires the Public Printer to establish and maintain a website accessible by the public for obtaining electronic copies of all congressionally mandated reports in one place. Requires each federal agency to provide the Public Printer with electronic copies of its congressionally mandated reports for publication on the website. Prohibits an agency head from changing or removing a report published on the website, except for technical changes, without the express, written consent of the chairman of each congressional committee to which the report is submitted. Exempts information or records that are exempt from public disclosure under the Freedom of Information Act (FOIA) from publication on the website. Requires each agency head to redact from congressionally mandated reports any information that may not be publicly released under FOIA before submission for publication on the website. | {"src": "billsum_train", "title": "Access to Congressionally Mandated Reports Act"} | 1,383 | 186 | 0.650551 | 1.724016 | 0.895862 | 4.503311 | 8.602649 | 0.927152 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Streets Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Complete street.--The term ``complete street'' means a
roadway that safely accommodates all travelers, particularly
public transit users, bicyclists, pedestrians (including
individuals of all ages and individuals with mobility, sensory,
neurological, or hidden disabilities), motorists and freight
vehicles, to enable all travelers to use the roadway safely and
efficiently.
(2) Complete streets policy; complete streets principle.--
The terms ``complete streets policy'' and ``complete streets
principle'' mean a transportation law, policy, or principle at
the local, State, regional, or Federal level that ensures--
(A) the safe and adequate accommodation, in all
phases of project planning and development, of all
users of the transportation system, including
pedestrians, bicyclists, public transit users,
children, older individuals, individuals with
disabilities, motorists, and freight vehicles; and
(B) the consideration of the safety and convenience
of all users in all phases of project planning and
development.
(3) Local jurisdiction.--The term ``local jurisdiction''
means any unit of local government.
(4) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
the term in section 134(b) of title 23, United States Code.
(5) Roadway.--The term ``roadway'' means--
(A) the defined Federal functional classification
roadway system; and
(B) each bridge structure providing a connection
for such a roadway system.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(7) Senior manager.--The term ``senior manager'' means--
(A) the director of a State department of
transportation (or a designee);
(B) the director of a metropolitan planning
organization (or a designee); and
(C) the director of a regional, county, or city
transportation agency that is primarily responsible for
planning and approval of transportation projects (or a
designee).
(8) Transportation improvement program.--The term
``transportation improvement program'' has the meaning given
the term ``TIP'' in section 134(b) of title 23, United States
Code.
SEC. 3. COMPLETE STREETS POLICY.
(a) Law or Policy.--Not later than October 1 of the fiscal year
that begins 2 years after the date of enactment of this Act each State
and metropolitan planning organization shall have in effect--
(1) in the case of a State--
(A) a law requiring that, beginning on the
effective date of the State law, all transportation
projects in the State shall accommodate the safety and
convenience of all users in accordance with complete
streets principles; or
(B) an explicit State department of transportation
policy that, beginning on the effective date of the
policy, all transportation projects in the State shall
accommodate the safety and convenience of all users in
accordance with complete streets principles; and
(2) in the case of a metropolitan planning organization, an
explicit statement of policy that, beginning on the effective
date of the policy, all transportation projects under the
jurisdiction of the metropolitan planning organization shall
accommodate the safety and convenience of all users in
accordance with complete streets principles.
(b) Inclusions.--
(1) In general.--A law or policy described in subsection
(a) shall--
(A) apply to each federally funded project of each
State department of transportation or metropolitan
planning organization transportation improvement
program;
(B) include a statement that each project under the
transportation improvement program makes streets or
affected rights-of-way accessible to the expected users
of that facility, of all ages and abilities, including
pedestrians, bicyclists, transit vehicles and users,
freight vehicles, and motorists;
(C) except as provided in paragraph (2), apply to
new road construction and road modification projects,
including design, planning, construction,
reconstruction, rehabilitation, maintenance, and
operations, for the entire right-of-way;
(D) indicate that improvements for the safe and
convenient travel by pedestrians or bicyclists of all
ages and abilities on or across streets shall be fully
assessed, considered, and documented as a routine
element of pavement resurfacing projects;
(E) delineate a clear procedure by which
transportation improvement projects may be exempted
from complying with complete streets principles, which
shall require--
(i) approval by the appropriate senior
manager, in accordance with subsection (d)(2);
and
(ii) documentation, with supporting data,
that indicates the basis for such an exemption;
(F) comply with up-to-date design standards,
particularly standards relating to providing access for
individuals with disabilities;
(G) require that complete streets principles be
applied in due consideration of the urban, suburban, or
rural context in which a project is located;
(H) include a list of performance standards with
measurable outcomes to ensure that the transportation
improvement program adheres to complete streets
principles; and
(I) directs agency staff to create an
implementation plan.
(2) Exception.--A law or policy described in subsection (a)
shall not apply to a new road construction or modification
project for which, as of the effective date of the law or
policy, at least 30 percent of the design phase is completed.
(c) Exemption Requirements and Procedures.--A law or policy
described in subsection (a) shall allow for a project-specific
exemption from an applicable complete streets policy if--
(1)(A) an affected roadway prohibits, by law, use of the
roadway by specified users, in which case a greater effort
shall be made to accommodate those specified users elsewhere,
including on roadways that cross or otherwise intersect with
the affected roadway;
(B) the cost to the exempted project in achieving
compliance with the applicable complete streets policy would be
excessively disproportionate (as defined in the 2001 Department
of Transportation Guidance on Accommodating Bicycle and
Pedestrian Travel), as compared to the need or probable use of
a particular complete street; or
(C) the existing and planned population, employment
densities, traffic volumes, or level of transit service around
a particular roadway is so low, that the expected users of the
roadway will not include pedestrians, public transportation,
freight vehicles, or bicyclists; and
(2) the project-specific exemption is approved by--
(A) a senior manager of the metropolitan planning
organization that approved the transportation
improvement program containing the exempted project;
(B) a senior manager of the relevant State
department of transportation; or
(C) in the case of a project for which neither the
metropolitan planning organization nor the State
department of transportation is the agency with primary
transportation planning authority, a senior manager of
the regional, county, or city agency responsible for
planning and approval of the project.
(d) Integration.--Each State department of transportation and
metropolitan planning organization implementing a complete streets
policy shall incorporate complete streets principles into all aspects
of the transportation project development, programming, and delivery
process, including project planning and identification, scoping
procedures, design approvals, design manuals, and performance measures.
(e) Reports.--
(1) In general.--Each State department of transportation
shall submit to the Secretary a report describing the
implementation by the State of measures to achieve compliance
with the requirements of this section, at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Determination by secretary.--On receipt of a report
under paragraph (1), the Secretary shall determine whether the
applicable State has achieved compliance with the requirements
of this section.
SEC. 4. CERTIFICATION.
(a) In General.--Not later than 1 year after the enactment of this
Act, the Secretary shall establish a method of evaluating compliance by
State departments of transportation and metropolitan planning
organizations with the requirements of this Act, including a
requirement that each State department of transportation and
metropolitan planning organization shall submit to the Secretary a
report describing--
(1) each complete streets policy adopted by the State
department of transportation or metropolitan planning
organization;
(2) the means of implementation by the State department of
transportation or metropolitan planning organization of the
complete streets policy; and
(3) the process for providing an exemption, from the
requirements of the complete streets policy of the State
department of transportation or metropolitan planning
organization.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing--
(1) the method established under subsection (a);
(2) the status of activities for adoption and
implementation by State departments of transportation and
metropolitan planning organizations of complete streets
policies;
(3) the tools and resources provided by the Secretary to
State departments of transportation and metropolitan planning
organizations to assist with that adoption and implementation;
and
(4) other measures carried out by the Secretary to
encourage the adoption of complete streets policies by local
jurisdictions.
SEC. 5. ACCESSIBILITY STANDARDS.
(a) Final Standards.--Not later than 1 year after the date of
enactment of this Act, the Architectural and Transportation Barriers
Compliance Board established by section 502(a)(1) of the Rehabilitation
Act of 1973 (29 U.S.C. 792(a)(1)) shall promulgate final standards for
accessibility of new construction and alteration of pedestrian
facilities for public rights-of-way.
(b) Temporary Standards.--During the period beginning on the date
of enactment of this Act and ending on the date on which the
Architectural and Transportation Barriers Compliance Board promulgates
final standards under subsection (a), a State or metropolitan planning
organization shall apply to public rights-of-way--
(1) the standards for accessible transportation facilities
contained in section 37.9 of title 49, Code of Federal
Regulations (as in effect on the date of enactment of this
Act); or
(2) if the standards referred to in paragraph (1) do not
address, or are inapplicable to, an affected public right-of-
way, the revised draft guidelines for accessible public rights-
of-way of the Architectural and Transportation Barriers
Compliance Board dated November 23, 2005.
SEC. 6. RESEARCH, TECHNICAL GUIDANCE, AND IMPLEMENTATION ASSISTANCE.
(a) Research.--
(1) In general.--The Secretary shall conduct research
regarding complete streets to assist States, metropolitan
planning organizations, and local jurisdictions in developing,
adopting, and implementing plans, projects, procedures,
policies, and training programs that comply with complete
streets principles.
(2) Participation.--The Secretary shall solicit
participation in the research program under paragraph (1) by--
(A) the American Association of State Highway and
Transportation Officials;
(B) the Institute of Transportation Engineers;
(C) the American Public Transportation Association;
(D) the American Planning Association;
(E) the National Association of Regional Councils;
(F) the Association of Metropolitan Planning
Organizations;
(G) the Insurance Institute for Highway Safety;
(H) the American Society of Landscape Architects;
(I) representatives of transportation safety,
disability, motoring, bicycling, walking, transit user,
aging, and air quality organizations; and
(J) other affected communities.
(3) Requirements.--The research under paragraph (1) shall--
(A) be based on the applicable statement of
complete streets research needs of the Transportation
Research Board, as described in TR Circular E110; and
(B) seek to develop new areas of inquiry, in
addition to that statement.
(b) Benchmarks and Guidance.--
(1) In general.--The research conducted under subsection
(a) shall be designed to result in the establishment of
benchmarks and the provision of practical guidance on methods
of effectively implementing complete streets policies and
complete streets principles that will accommodate all users
along a facility or corridor, including vehicles, pedestrians,
bicyclists, and transit users.
(2) Focus.--The benchmarks and guidance under paragraph (1)
shall--
(A) focus on modifying scoping, design, and
construction procedures to more effectively combine
particular methods of use into integrated facilities
that meet the needs of each method in an appropriate
balance; and
(B) indicate the expected operational and safety
performance of alternative approaches to facility
design.
(c) Data Collection.--The Secretary shall collaborate with the
Bureau of Transportation Statistics, the Federal Transit
Administration, and appropriate committees of the Transportation
Research Board--
(1) to collect data regarding a baseline nonmotorized and
transit use survey to be integrated into the National Household
Travel Survey; and
(2) to develop a survey tool for use by State departments
of transportation in identifying the multimodal capacity of
State and local roadways.
(d) Technical Guidance.--
(1) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall prepare and make
available to all States, metropolitan planning organizations,
and local jurisdictions a report that describes the best
practices by which transportation agencies throughout the
United States have implemented complete streets principles in
accordance with, or in anticipation of, the requirements of
this Act.
(2) Topics for emphasis.--In preparing the report under
paragraph (1), the Secretary shall place particular emphasis on
the following topics:
(A) Procedures for identifying the needs of users
of all ages and abilities of a particular roadway.
(B) Procedures for identifying the types and
designs of facilities needed to serve each class of
users.
(C) Safety and other benefits provided by the
implementation of complete streets principles.
(D) Common barriers to the implementation of
complete streets principles.
(E) Procedures for overcoming the most common
barriers to the implementation of complete streets
principles.
(F) Procedures for identifying the costs associated
with the implementation of complete streets principles.
(G) Procedures for maximizing local cooperation in
the introduction and implementation of complete streets
principles.
(H) Procedures for assessing and modifying the
facilities and operational characteristics of existing
roadways to improve consistency with complete streets
principles. | Safe Streets Act of 2013 - Requires each state to have in effect within two years a law, or each state department of transportation and metropolitan planning organization (MPO) an explicit policy statement, that requires all federally-funded transportation projects, with certain exceptions, to accommodate the safety and convenience of all users in accordance with certain complete streets principles. Defines "complete streets principles" as federal, state, local, or regional level transportation laws, policies, or principles which ensure that the safety and convenience of all users of a transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, motorists, freight vehicles, and individuals with disabilities, are accommodated in all phases of project planning and development. Allows such law or policy to make project-specific exemptions from such principles only if: (1) affected roadways prohibit specified users by law from using them, the cost of a compliance project would be excessively disproportionate to the need, or the population, employment densities, traffic volumes, or level of transit service around a roadway is so low that the expected roadway users will not include pedestrians, public transportation, freight vehicles, or bicyclists; and (2) all such exemptions are properly approved. Requires the Secretary of Transportation (DOT) to establish a method for evaluating compliance by state departments of transportation and MPOs with complete streets principles. Requires the Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way. Requires the Secretary to conduct research regarding complete streets to: (1) assist states, MPOs, and local jurisdictions in developing and implementing complete streets-compliant plans, projects, procedures, policies, and training programs; and (2) establish benchmarks for, and provide technical guidance on, implementing complete streets policies and principles. | {"src": "billsum_train", "title": "Safe Streets Act of 2013"} | 3,033 | 405 | 0.665228 | 2.056954 | 0.819846 | 3.560563 | 8.261972 | 0.901408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earmark Elimination Act of 2011''.
SEC. 2. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS.
(a) Prohibition.--
(1) In general.--It shall not be in order in the House of
Representatives to consider any bill, joint resolution,
amendment, or conference report if the bill, joint resolution,
amendment, or conference report, or any accompanying report or
joint explanatory statement of managers, includes a
congressional earmark, limited tax benefit, or limited tariff
benefit.
(2) Procedure.--If a point of order is raised under
paragraph (1) with respect to a congressional earmark, limited
tax benefit, or limited tariff benefit and the point of order
is sustained, the congressional earmark, limited tax benefit,
or limited tariff benefit shall be deemed to be stricken from
the measure involved.
(3) Special procedure for conference report and amendments
between the houses.--
(A) In general.--If a point of order is raised and
sustained under paragraph (1) with respect to a
conference report or a motion that the House recede
from its disagreement to a Senate amendment and concur
therein, with or without amendment, then after
disposition of all such points of order the conference
report or motion, as the case may be, shall be
considered as rejected and the matter remaining in
disagreement shall be disposed of under subparagraph
(B) or (C), as the case may be.
(B) Conference reports.--After the House has
sustained one or more points of order under paragraph
(1) with respect to a conference report--
(i) if the conference report accompanied a
House measure amended by the Senate, the
pending question shall be whether the House
shall recede and concur in the Senate amendment
with an amendment consisting of so much of the
conference report as was not rejected; and
(ii) if the conference report accompanied a
Senate measure amended by the House, the
pending question shall be whether the House
shall insist further on the House amendment.
(C) Motions.--After the House has sustained one or
more points of order under paragraph (1) with respect
to a motion that the House recede and concur in a
Senate amendment, with or without amendment, the
following motions shall be privileged and shall have
precedence in the order stated:
(i) A motion that the House recede and
concur in the Senate amendment with an
amendment in writing then available on the
floor.
(ii) A motion that the House insist on its
disagreement to the Senate amendment and
request a further conference with the Senate.
(iii) A motion that the House insist on its
disagreement to the Senate amendment.
(b) Determination by House.--If a point of order is raised under
this section and the Chair is unable to ascertain whether a provision
constitutes a congressional earmark, limited tax benefit, or limited
tariff benefit, the Chair shall put the question to the House and the
question shall be decided without debate or intervening motion.
(c) Conforming Amendment.--Rule XXI of the Rules of the House of
Representatives is amended by striking clause 9.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``congressional earmark'' means a provision or
report language included primarily at the request of a Member,
Delegate, Resident Commissioner, or Senator 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;
(2) the term ``limited tax benefit'' means--
(A) any revenue-losing provision that--
(i) provides a Federal tax deduction,
credit, exclusion, or preference to 10 or fewer
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
(B) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986; and
(3) the term ``limited tariff benefit'' means a provision
modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities. | Earmark Elimination Act of 2011 - Makes it out of order in the House of Representatives to consider a bill, joint resolution, or any other measure that includes a congressional earmark or limited tax or tariff benefit.
Makes a conforming amendment to Rule XXI (Restrictions on Certain Bills) of the Rules of the House of Representatives. | {"src": "billsum_train", "title": "To prohibit the consideration in the House of Representatives of any legislation containing an earmark."} | 987 | 83 | 0.49783 | 1.247707 | 0.616739 | 2.68254 | 14.619048 | 0.873016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Those Who Serve Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Increasing numbers of members of the Armed Forces
serving in Afghanistan and Iraq are suffering from the
significant injuries of the current conflict: post traumatic
stress disorder and traumatic brain injury (hereafter in this
Act referred to as ``PTSD'' and ``TBI'', respectively) .
(2) A recent report by the RAND Corporation estimated that
of the 1.64 million individuals who have been deployed to
Afghanistan and Iraq, approximately 300,000 individuals
currently suffer from PTSD or major depression and that 320,000
report having a probable TBI during deployment.
(3) The need for mental health services is likely to
increase because deployment lengths have increased in the last
year, the number of troops who have served in multiple
deployments is increasing, and the breaks between deployments
have been infrequent.
(4) Several experts have noted the difficulties faced by
members of the Armed Forces in getting screened, diagnosed, and
treated for PTSD and TBI. The RAND report found that, of those
who met diagnostic criteria for PTSD or major depression, only
53 percent had seen a physician or mental health provider to
seek help for a mental health problem in the past 12 months.
(5) Stigma remains a critical barrier to members of the
Armed Forces who may be in need of psychological care,
especially fears that seeking mental health care will lower the
confidence of others in their abilities, threaten career
advancement and security clearances, and possibly cause removal
from their unit.
(6) Stigma may be greatest among those individuals with the
greatest need for mental health services.
(7) To combat stigma, the Mental Health Task Force of the
Department of Defense and others have noted the need for the
Department to reexamine its policies, including those policies
related to command notification or self-disclosure of
psychological health issues that contribute to fears that
seeking mental health care will negatively affect career
opportunities or advancement.
(8) The Mental Health Task Force stated that this
``widespread perception that seeking psychological health
services is costly to an individual's career . . . must be
challenged through thoughtful refinements in command
notification policies, including redefining the balance between
the need to encourage those in need to seek help and the need
for commanders to know in order to maintain force readiness''.
(9) Congress recognizes that much change is under way to
implement numerous recommendations to address concerns that
soldiers in need of mental health services for PTSD and other
conditions are not receiving, including efforts led by the
Department of Defense and the Department of Veterans Affairs.
(10) However, without addressing stigma at all levels,
including structurally, these laudable efforts may not
accomplish their goals.
(11) In its July 2007 report, the Mental Health Task Force
called for ending overly conservative policies that have the
unintentional consequence of fueling erroneous beliefs that
seeking psychological health care invariably results in
permanent damage to one's military career. For example, the
Task Force called for allowing, in the case of alcohol use by a
member of the Armed Forces, for the member to receive
appropriate and non-prejudicial education and preventive
services, without a requirement for command notification, when,
in a clinician's judgment, the alcohol use does not warrant a
diagnosis of substance abuse or dependency or does not require
entry into a formal treatment program.
(12) In May, responding to some of these concerns,
Secretary of Defense Robert Gates reportedly approved a change
in the Department's security clearance process to help remove
the stigma associated with seeking mental health care. Under
the change, members of the Armed Forces and employees of the
Department of Defense who have received mental health care will
no longer have to acknowledge that when they fill out standard
security clearance forms, unless the treatment was court-
ordered or involved violence.
(13) Congress encourages the Department to explore further
changes to notification and other policies to further reduce
stigma among members of the Armed Forces, especially as it
relates to career opportunities.
SEC. 3. MENTAL HEALTH SERVICES ACCESS DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--The Secretary of Defense shall
conduct a demonstration project designed to develop and test options
for the following:
(1) Increasing access of members of the Armed Forces
returning from deployment abroad, and family members of such
members, to accessible, safe, and confidential mental health
counseling.
(2) Reducing stigma and perceived career repercussions
associated with such members seeking such services.
(3) Making high quality mental health services more user
friendly and accessible for members of the Armed Forces and
their family members, including making services available
outside standard working hours.
(b) Purpose.--The purpose of the demonstration project is to
provide high-quality treatment, using (to the extent practicable)
evidence-based treatment, for a broad range of mental health
conditions, including post-traumatic stress disorder and depression,
with the goal of early intervention to promote effective coping and
resilience.
(c) Duration of Project.--The demonstration project authorized by
this section shall be implemented for a period of three years beginning
not later than one year after the date of the enactment of this Act.
SEC. 4. SPECIAL WORKING GROUP ON CONFIDENTIALITY.
(a) Establishment.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Health Affairs, shall establish a
Special Working Group, which shall be composed of mental health
professionals from each of the Armed Forces, officials from the Surgeon
General Offices at each Armed Force, members of the Armed Forces who
have been deployed in support of Operation Enduring Freedom or
Operation Iraqi Freedom, and other members as determined appropriated
by the Assistant Secretary.
(b) Appointment.--The Secretary shall make every effort to appoint
members of the working group not later than 60 days after the date of
the enactment of this Act.
(c) Purpose.--The Special Working Group shall develop guidelines
and make recommendations about regulations to ensure that
confidentiality is protected to the maximum extent possible for members
of the Armed Forces participating in the demonstration project.
(d) Specific Duties.--In addition to such other duties as the
Secretary may assign to the Working Group, the duties of the Working
Group shall include the following:
(1) Review of requirements for documentation of health care
visits.--The review of current policies, questionnaires, and
other relevant documents that require official documentation of
health care visits by a member of the Armed Forces seeking
mental health services, including when access to such services
must be documented in the personnel record of a member.
(2) Criteria for changes to command notification.--The
development of guidelines and criteria for the demonstration
project to address any needed changes to military command
notification requirements to ensure that a visit to an off-base
treatment site by a member of the Armed Forces for mental
health services is not recorded on any military medical or
other record of the member, except in accordance with
guidelines developed under paragraph (3).
(3) Guidelines for breach of confidentiality.--The
development of guidelines for the demonstration project to
address the circumstances under which the confidentiality
protections afforded to a member of the Armed Forces
participating in the demonstration project may be breached and
notification to military commanders and documentation in
personnel records may be made. Such guidelines shall provide,
in general, that confidentiality may be broken only if a mental
health professional determines that the member is a threat to
the member or to another person.
(4) Criteria to limit access to treatment records.--The
development of criteria for the demonstration project for
limiting access to the treatment records of members of the
Armed Forces treated at the demonstration locations, including
when to allow, if appropriate, appropriate access and
notification to military commanders consistent with guidelines
developed under paragraph (3).
(5) Criteria for fitness for duty.--The development of
criteria for determining fitness for duty and deployment for a
member of the Armed Forces that does not depend solely on the
number of visits to mental health providers by the member.
(6) Guidelines for payment.--The development of guidelines
for ensuring that demonstration sites under the demonstration
project receive payment from the Department of Defense for
treating members of the Armed Forces notwithstanding any
requirements of the Department that prohibit such payments
without certain commander notification or personnel
documentation requirements.
(7) Changes related to disclosure of services received
under project.--The provision of changes as necessary to ensure
that those receiving care at demonstration locations are not
required to reveal any services they receive at these locations
on any military form or questionnaire, except to comply with
any guidelines developed under paragraph (3).
(8) Standards to assess effectiveness of project.--The
development of evaluation standards and criteria to use to
assess the effectiveness of the demonstration project in
increasing access to care, decreasing stigma, and improving
high quality mental health care provided to members of the
Armed Forces. As appropriate, the evaluation should be
structured to include both pre- and post-demonstration
assessments of changes in--
(A) access and utilization of care;
(B) costs of care;
(C) outcomes of care;
(D) member satisfaction with access to and quality
of care; and
(E) impact on the ability of military commanders to
determine member fitness for duty and deployability.
(e) Submission of Plan and Deadline.--
(1) Plan.--The Special Working Group shall submit to the
Secretary of Defense a plan with details on the implementation
and evaluation of the demonstration project. After approval of
the plan by the Secretary, the Special Working Group shall
submit to Congress the plan.
(2) Deadline.--All duties of the Special Working group,
including submission of the plan under paragraph (1), shall be
completed before selection of any site of the demonstration
project under section 3 but in no case shall the date of
completion of such duties be later than one year after the date
of the enactment of this Act.
(f) Application of Guidelines and Recommendations.--The guidelines
and other recommendations, including changes and standards, developed
by the Special Working Group under this section shall be applicable
only to the demonstration project unless the Secretary of Defense
determines otherwise.
SEC. 5. ADVISORY GROUP FOR OVERSIGHT OF DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall establish an
advisory group of qualified individuals to oversee implementation of
the demonstration project.
(b) Duties.--The advisory group shall--
(1) ensure that the demonstration project adheres to the
guidelines developed by the Special Working Group under section
4;
(2) ensure that plans for implementing the demonstration at
selected sites are developed and include--
(A) outreach strategies to ensure that participants
in the project are informed about the availability of
the programs being provided under the project; and
(B) a plan for training and certifying mental
health providers as well as the development of
strategies and settings, including settings that are
not located at military treatment facilities, where
care can be offered;
(3) ensure that the demonstration project has detailed
evaluation plans, using the criteria and standards developed by
the Special Working Group; and
(4) ensure that independent evaluations of the
demonstration project are conducted in accordance with the
guidelines developed by the Special Working Group, and that the
results of those evaluations are provided to the Secretary of
Defense.
SEC. 6. REPORTS ON DEMONSTRATION PROJECT.
(a) Reports Required.--
(1) In general.--The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives two reports on the demonstration project.
(2) First report.--The first report shall examine and
assess the plan developed by the Special Working Group under
section 4(e)(1) for implementation and evaluation of the
demonstration project.
(3) Second report.--The second report shall include the
following:
(A) The results of the demonstration project,
evaluated in accordance with the guidelines and other
criteria, changes, and standards developed by the
Special Working Group.
(B) Recommendations on whether any of the policy
changes tested in the demonstration project should be
adopted throughout the Department of Defense.
(C) A plan to ensure that each member of the Armed
Forces participating in the demonstration project
continues to have access to mental health services and
providers after the conclusion of the demonstration
project.
(b) Deadlines.--The first report under this section shall be
submitted not later than one year after the date the demonstration
project begins to be implemented. The second report shall be submitted
at the completion of the demonstration project.
SEC. 7. STUDY AND REPORT ON RETENTION OF MILITARY MENTAL HEALTH
PROFESSIONALS.
(a) Study.--The Secretary of Defense, in consultation with the
Surgeon General of each branch of the Armed Forces, shall conduct a
study to determine the reasons for attrition among military mental
health professionals and to make recommendations to increase
recruitment and retention of military mental health professionals, such
as through scholarships, loan forgiveness, or updates in current
recruiting bonuses.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the study conducted and recommendations made under
subsection (a), including--
(1) the estimated cost of implementing each such
recommendation;
(2) with respect to each branch of the Armed Forces, an
estimate of the existing number of military mental health
professionals and the estimated number of such professionals
required to meet demand, including for future years, for mental
health services; and
(3) any recommendations for legislative changes necessary
to implement the recommendations made under such study.
(c) Military Mental Health Professional Defined.--For purposes of
this section, the term ``military mental health professional'' means a
mental health professional who provides mental health services to
members of the Armed Forces, whether such professional is a member of
the Armed Forces, an employee of the Department of Defense, or a
contractor of the Department of Defense. | Helping Those Who Serve Act - Directs the Secretary of Defense to conduct a demonstration project (project) designed to: (1) increase access of members of the Armed Forces (members) returning from deployment abroad, and their families, to accessible, safe, and confidential mental health counseling; (2) reduce the stigma and career repercussions associated with seeking such services; and (3) make high-quality mental health services more user-friendly to such members and their families.
Requires the Secretary to: (1) establish a Special Working Group to develop guidelines and recommendations to ensure the protection of confidentiality for members participating in the project; (2) establish an advisory group to oversee project implementation; (3) submit project reports to the congressional defense committees; and (4) conduct a study of reasons for attrition among military mental health professionals, and make recommendations to increase the recruitment and retention of such individuals. | {"src": "billsum_train", "title": "To require the Secretary of Defense to conduct a demonstration project regarding access to mental health services by members of the Armed Forces."} | 3,013 | 185 | 0.512468 | 1.65408 | 0.675473 | 3.134078 | 16.217877 | 0.96648 |
SECTION 1. INCENTIVE FOR INDIAN TRIBES TO ENSURE COLLECTION OF STATE
SALES TAXES.
Priority among Indian tribes competing for Federal grants shall be
given to Indian tribes that certify, through a process established by
the Secretary in consultation with the States, that retail
establishments operating on trust lands within a tribe's jurisdiction
are collecting and paying to the appropriate State all qualified State
retail taxes.
SEC. 2. CERTIFICATION OF FAILURE TO PAY TAX.
If an Indian or Indian tribe consistently and willfully fails--
(1) to pay any qualified State retail tax on any retail
item sold, by a retail establishment located on land that is
held in trust for the benefit of the Indian or Indian tribe, to
a person who is not either a member of the Indian tribe on
behalf of which the land is held in trust or a member of the
same Indian tribe as the Indian for whom the land is held in
trust;
(2) to make equal payment to the State in lieu of such
qualified State retail tax; or
(3) to make payment to a State pursuant to a compact
governing the payment of qualified State retail tax between the
Indian or Indian tribe and the State,
then the Governor or the Attorney General of the State may document and
certify such failure to the Assistant Secretary and request that the
land upon which the structure which houses the retail establishment is
located be taken out of trust status.
SEC. 3. NOTICE OF REQUEST; COMMENT PERIOD.
(a) Notice.--
(1) Federal register.--Not later than 30 days after
receiving documentation, certification, and a request from the
Governor or attorney general of a State in accordance with
section 2, the Assistant Secretary shall publish notice of the
request and the reason therefor in the Federal Register.
(2) Other notice.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall promulgate rules
to ensure prompt notification of any Indian or Indian tribe
regarding whose land a request for removal from trust has been
made under section 2, the time and manner in which the Indian
or Indian tribe has to respond to the request, and the Indian
or Indian tribe's rights regarding the request.
(b) Comment Period.--The Assistant Secretary shall provide a period
of 90 days after the publication pursuant to subsection (a) for
interested persons to submit comments on the request.
(c) Hearing.--
(1) In general.--If a request is made under this Act for
removal of an Indian or Indian tribe's land from trust, the
Indian or Indian tribe may request a timely hearing on the
request to remove such land from trust.
(2) Time period.--If a hearing is requested under paragraph
(1) not later than 60 days after the publication pursuant to
subsection (a), the Secretary shall grant the hearing request.
A hearing under this paragraph shall be held not later than the
expiration of the 90-day period provided for comment under
subsection (b).
(3) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to implement this section.
SEC. 4. INVESTIGATION; PUBLICATION OF FINDINGS.
(a) Investigation.--Upon receipt of documentation, certification,
and a request from the Governor or attorney general of a State in
accordance with section 2, the Assistant Secretary shall begin an
investigation to verify that the Indian or Indian tribe consistently
and willfully failed to make payment described in paragraph (1), (2),
or (3) of section 2 as documented and certified by the Governor or
attorney general of the State.
(b) Determination.--Not later than 60 days after the completion of
the 90-day notice and comment period required by subsections 2(a) and
2(b), the Assistant Secretary shall publish the results of the
investigation in the Federal Register.
SEC. 5. REMOVAL OF LAND FROM TRUST.
(a) In General.--If the Assistant Secretary determines pursuant to
section 4 that an Indian or Indian tribe consistently and willfully
failed to make payment described in paragraph (1), (2), or (3) of
section 2 in relation to any retail item sold by a retail establishment
located on land that is held in trust for the benefit of the Indian or
Indian tribe to a person who is not either a member of the Indian tribe
on behalf of which the land is held in trust or a member of the same
Indian tribe as the Indian for whom the land is held in trust, the
Assistant Secretary shall inform the Secretary of such determination.
Upon receipt of such determination, the Secretary shall remove from
trust status such land as the Secretary determines to constitute the
extent of the retail operations.
(b) Effect of Removal From Trust.--Removal of land from trust under
this Act shall eliminate tribal authority regarding taxation and make
the property subject to all applicable State and local sales taxes on
goods purchased on such land regardless of the purchaser's status as a
tribal member.
(c) Effect of Payment or Agreement To Pay.--If, before the
Secretary removes land from trust status pursuant to subsection (a),
the Indian or Indian tribe that was determined to have failed to make
payment described in paragraph (1), (2), or (3) of section 2, makes all
such payments to the State or enters into an agreement with the State
to make such payment, the Governor or attorney general of the State,
the Indian, or the Indian tribe may inform the Assistant Secretary of
such payment or agreement and request that the land not be removed from
trust status. If the Governor or the attorney general of a State so
requests, the Assistant Secretary shall immediately inform the
Secretary of the request and the land shall not be removed from trust
status unless new documentation, certification, and a new request is
submitted, published, and investigated in accordance with this Act.
(d) Appeal of Decision.--The Secretary's determination under this
section shall be final agency action for purposes of judicial review.
(e) Trust Status Restored.--The Secretary shall take into trust for
the benefit of an Indian or an Indian tribe any land that was held in
trust for that Indian or Indian tribe but was taken out of trust in
accordance with the provisions of this Act, if each State in which such
land is located certifies to the Secretary that, for not less than 1
year following such removal, the Indian or Indian tribe has made all
applicable payments described in section 2 to the State or has entered
into an agreement with the State to make such payment.
SEC. 6. ELIGIBILITY FOR BENEFITS.
For the purposes of the delivery of services and benefits furnished
to federally recognized Indian tribes and members of such tribes, land
taken out of trust pursuant to this Act shall be considered part of the
service area of the Indian tribe on behalf of which the land was held
in trust or the Indian tribe of the Indian on whose behalf the land was
held in trust.
SEC. 7. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Assistant Secretary'' means the Assistant
Secretary of the Interior for Indian Affairs;
(2) the term ``Indian'' means any individual who is a
member of an Indian tribe;
(3) the term ``Indian tribe'' means any federally
recognized Indian tribe, band, nation, pueblo, or other
organized group or community, excluding any Alaska Native
village or regional corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act;
(4) the term ``qualified State retail tax'' means a
lawfully imposed, nondiscriminatory State excise or sales tax
on any retail item sold by a retail establishment located on
land that is held in trust for the benefit of the Indian or
Indian tribe to a person who is not either a member of the
Indian tribe on behalf of which the land is held in trust or a
member of the same Indian tribe as the Indian for whom the land
is held in trust; and
(5) the term ``Secretary'' means the Secretary of the
Interior.
SEC. 8. RULEMAKING AUTHORITY.
Except as otherwise provided in this Act, not less than 90 days
after the date of the enactment of this Act, the Secretary shall issue
interim rules to implement the provisions of this Act. | Provides that, among Indian tribes competing for Federal grants, priority shall be given to Indian tribes that certify, through a process established by the Secretary of the Interior, that retail establishments operating on trust lands within a tribes's jurisdiction are collecting and paying all qualified State retail taxes.
Sets forth procedures and penalties (including removal of tribal lands from trust status) regarding failure of Indians or Indian tribes to pay qualified State retail taxes on goods sold to nontribal members on tribal lands. | {"src": "billsum_train", "title": "To provide incentives for Indian tribes to collect and pay lawfully imposed State sales taxes on goods sold on tribal lands and to provide for penalties against Indian tribes that do not collect and pay such State sales taxes."} | 1,782 | 110 | 0.629756 | 1.67376 | 0.967634 | 3.967742 | 18.483871 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Micro Drone Safety and Innovation
Act of 2016''.
SEC. 2. OPERATION OF MICRO UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Subtitle B of title III of the FAA Modernization
and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is
amended by adding at the end the following:
``SEC. 337. SPECIAL RULE FOR MICRO UNMANNED AIRCRAFT SYSTEMS.
``(a) Requirements for Operation of Micro Unmanned Aircraft
Systems.--
``(1) In general.--A micro unmanned aircraft system and the
operator of that system shall qualify for the exemptions
described under subsections (b), (c), and (d) if the system is
operated--
``(A) at an altitude of less than 400 feet above
ground level;
``(B) at an airspeed not greater than 40 knots;
``(C) within the visual line of sight of the
operator;
``(D) during the hours between sunrise and sunset;
and
``(E) except as provided in paragraph (2), not less
than 5 statute miles from the geographic center of an
airport with an operational air traffic control tower
or an airport denoted on a current aeronautical chart
published by the Federal Aviation Administration.
``(2) Operation within 5 statute miles of an airport.--A
micro unmanned aircraft system may be operated within 5 statute
miles of an airport described in paragraph (1)(E) if, before
the micro unmanned aircraft system is operated within 5 statute
miles of the airport, the operator of the micro unmanned
aircraft system--
``(A) provides notice to the airport operator; and
``(B) in the case of an airport with an operational
air traffic control tower, receives approval from the
air traffic control tower.
``(b) Exemptions for Operators of Micro Unmanned Aircraft
Systems.--Notwithstanding sections 44703 and 44711 of title 49, United
States Code, part 61 of title 14, Code of Federal Regulations, or any
other provision of a statute, rule, or regulation relating to airman
certification, any person may operate a micro unmanned aircraft system
in accordance with subsection (a) without being required--
``(1) to pass any aeronautical knowledge test;
``(2) to meet any age or experience requirement; or
``(3) to obtain an airman certificate or medical
certificate.
``(c) Exemption From Airworthiness Standards.--Notwithstanding any
provision of chapter 447 of title 49, United States Code, or any other
provision of a statute, rule, or regulation relating to certification
of aircraft or aircraft parts or equipment, a micro unmanned aircraft
system operated in accordance with subsection (a) and component parts
and equipment for that system shall not be required to meet
airworthiness certification standards or to obtain an airworthiness
certificate.
``(d) Exemptions From Operational Regulations.--
``(1) Part 91 regulations.--Sections 91.7(a), 91.119(c),
91.121, 91.151(a)(1), 91.405(a), and 91.407(a)(1), paragraphs
(1) and (2) of section 91.409(a), and subsections (a) and (b)
of section 91.417 of title 14, Code of Federal Regulations,
shall not apply with respect to the operation of a micro
unmanned aircraft system in accordance with subsection (a).
``(2) Certificate of waiver or authorization.--A micro
unmanned aircraft system operated in accordance with subsection
(a) may be operated by any person without a certificate of
authorization or waiver from the Federal Aviation
Administration.
``(3) Future regulations.--A micro unmanned aircraft system
operated in accordance with subsection (a), and the operator of
such a system, shall be exempt from any additional requirements
that may be prescribed pursuant to this subtitle after the date
of the enactment of the Micro Drone Safety and Innovation Act
of 2016.
``(e) Alternative Regulations.--Instead of being operated in
accordance with subsection (a), a micro unmanned aircraft may be
operated pursuant to any form of authorization, operational rules, or
exemptions pertaining to unmanned aircraft systems prescribed by the
Administrator, except that a micro unmanned aircraft and its operator
shall be exempt from any requirement for an airman certificate or
medical certificate.
``(f) Micro Unmanned Aircraft System Defined.--In this section, the
term `micro unmanned aircraft system' means an unmanned aircraft system
the aircraft component of which weighs not more than 4.4 pounds,
including payload.''.
(b) Clerical Amendment.--The table of contents for the FAA
Modernization and Reform Act of 2012 is amended by inserting after the
item relating to section 336 the following:
``Sec. 337. Operation of micro unmanned aircraft systems.''. | Micro Drone Safety and Innovation Act of 2016 This bill amends the FAA Modernization and Reform Act of 2012 to make a special rule for any micro unmanned aircraft system whose aircraft component, including payload, weighs at most 4.4 pounds (micro drone). A micro drone and its operator shall qualify for exemptions from certain airman certification, airworthiness, and operational regulations if the system is operated: at an altitude under 400 feet above ground level, at an airspeed under 40 knots, within the operator's visual line of sight, between sunrise and sunset, and at least five statute miles from the geographic center of an airport that either has an operational air traffic control tower or is denoted on a current aeronautical chart published by the Federal Aviation Administration (FAA). A micro drone may also be operated within five statute miles of such an airport if, beforehand, the operator notifies the airport operator and receives approval from the air traffic control tower, if the airport has one. Under the exemptions of this bill, any person may operate a micro drone without being required to: pass any aeronautical knowledge test, meet any age or experience requirement, or obtain an airman certificate or medical certificate. In an alternative to the requirements of this bill, a micro drone may be operated pursuant to any form of FAA-prescribed authorization, operational rules, or exemptions pertaining to unmanned aircraft systems; but both the aircraft and its operator shall remain exempt from any requirement for an airman certificate or medical certificate. | {"src": "billsum_train", "title": "Micro Drone Safety and Innovation Act of 2016"} | 1,128 | 326 | 0.765168 | 2.165978 | 0.775598 | 3.301038 | 3.411765 | 0.906574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer and Environmental
Research Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Breast cancer is the second leading cause of cancer
deaths among American women.
(2) More women in the United States are living with breast
cancer than any other cancer (excluding skin cancer).
Approximately 3 million women in the United States are living
with breast cancer: 2 million who have been diagnosed and an
estimated 1 million who do not yet know they have the disease.
(3) Breast cancer is the most commonly diagnosed cancer
among women in the United States and worldwide (excluding skin
cancer). In 2001, it is estimated that 233,000 new cases of
breast cancer will be diagnosed among women in the United
States: 192,000 invasive breast cancer and 40,800 cases of
ductal carcinoma in situ (DCIS).
(4) Breast cancer is the second leading cause of breast
cancer death for women in the United States; approximately
40,000 women in the U.S. die from the disease each year. Breast
cancer is the leading cause of cancer death for U.S. women
between the ages of 20 and 59, and the leading cause of cancer
death for women worldwide.
(5) A woman in the United States has a 1 in 8 chance of
developing invasive breast cancer in her lifetime--this risk
was 1 in 11 in 1975. In 2001, a new case of breast cancer will
be diagnosed every 2 minutes, and a woman will die from breast
cancer every 13 minutes.
(6) All women are at risk for breast cancer. About 90
percent of women who develop breast cancer do not have a family
history of the disease.
(7) The National Action Plan on Breast Cancer, a public
private partnership, has recognized the importance of expanding
the scope and breadth of biomedical, epidemiological, and
behavioral research activities related to the etiology of
breast cancer and the role of the environment.
(8) To date, there has been only a limited research
investment to expand the scope or coordinate efforts across
disciplines or work with the community to study the role of the
environment in the development of breast cancer.
(9) In order to take full advantage of the tremendous
potential for avenues of prevention, the Federal investment in
the role of the environment and the development of breast
cancer should be expanded.
(10) In order to understand the effect of chemicals and
radiation on the development of cancer, multi-generational,
prospective studies are probably required.
SEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES; AWARDS FOR
DEVELOPMENT AND OPERATION OF RESEARCH CENTERS REGARDING
ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER.
Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285l et seq.) is amended by adding at the end the following
section:
``SEC. 463B. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED
TO BREAST CANCER.
``(a) In General.--The Director of the Institute, based on
recommendations from the Breast Cancer and Environmental Research
Advisory Panel (hereafter in this section referred to as the `Panel'),
shall make grants, after a process of peer review and programmatic
review, to public or nonprofit private entities for the development and
operation of not more than 8 centers for the purpose of conducting
multidisciplinary and multi-institutional research on environmental
factors that may be related to the etiology of breast cancer. Each such
center shall be known as a Breast Cancer and Environmental Research
Center of Excellence. The Panel shall oversee the peer review process
and shall conduct a programmatic review. The Panel will recommend the
funding criteria and mechanisms by which the grant funds shall be
allocated. The Panel shall make final programmatic recommendations on
allocation of grant funds.
``(b) Breast Cancer and Environmental Research Advisory Panel.--
``(1) In general.--The Secretary shall establish in the
Institute of Environmental Health Sciences the Breast Cancer
and Environmental Research Panel (hereafter in this section
individually referred to as the `Panel').
``(2) Membership.--The Panel shall be composed of nine
appointed members and nonvoting ex officio members. The
Secretary shall appoint--
``(A) six members from physicians, and other health
professionals, who are not officers or employees of the
United States, and who represent multiple disciplines,
including clinical, basic and public health sciences,
and also different geographical regions of the country,
individuals shall come from practice settings as well
as academia and other research settings. Panel members
should be experienced in biomedical review; and
``(B) three members from the general public who are
consumer representatives who have had breast cancer and
who represent a constituency.
``(3) Chair.--The members of the Panel shall select a
chairman from among the appointed members.
``(4) Meetings.--The Panel shall meet at the call of the
chairman or upon the request of the Director of the Institute,
but not less often than once a year.
``(c) Collaboration With Community.--Each center under subsection
(a) shall establish and maintain ongoing collaborations with community
organizations in the geographic area served by the center, including
those that represent women with breast cancer.
``(d) Coordination of Centers; Reports.--The Director of the
Institute shall, as appropriate, provide for the coordination of
information among centers under subsection (a) and ensure regular
communication between such centers, and may require the periodic
preparation of reports on the activities of the centers and the
submission of the reports to the Director.
``(e) Required Consortium.--Each center under subsection (a) shall
be formed from a consortium of cooperating institutions, meeting such
requirements as may be prescribed by the Director of the Institute.
Each center must require collaboration among highly accomplished
scientists, other health professionals and advocates of diverse
backgrounds from various areas of expertise.
``(f) Duration of Support.--Support of a center under subsection
(a) may be for a period not exceeding 5 years. Such period may be
extended for one or more additional periods not exceeding 5 years if
the operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the Director
of the Institute and if such group has recommended to the Director that
such period should be extended.
``(g) Geographic Distribution of Centers.--The Director of the
Institute shall, to the extent practicable, provide for an equitable
geographical distribution of centers under this section.
``(h) Innovative Approaches.--Centers shall use innovative
approaches to study unexplored or under explored areas of the
environment and breast cancer.
``(i) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $30,000,000
for each of the fiscal years 2002 through 2007. Such authorization is
in addition to any other authorization of appropriations that is
available for such purpose.''. | Breast Cancer and Environmental Research Act of 2001 - Amends the Public Health Service Act to direct the Director of the National Institute of Environmental Health Services, based on recommendations from the Breast Cancer and Environmental Research Advisory Panel (established by this Act), to make grants, after a process of peer review and programmatic review, to public or nonprofit private entities for the development and operation of not more than eight centers for the purpose of conducting multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer."} | 1,538 | 116 | 0.44604 | 1.222793 | 0.552153 | 7.097087 | 13.970874 | 0.961165 |
SECTION 1. CONSOLIDATION.
(a) Mandatory Assessment and Consolidation.--Subsection (h) of
section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is
amended by adding at the end the following:
``(3) Authority for mandatory assessment and mandatory
consolidation.--
``(A) Mandatory assessment.--A State with primary
enforcement responsibility or the Administrator (if the
State does not have primary enforcement responsibility)
may require the owner or operator of a public water
system to assess options for consolidation, or transfer
of ownership of the system, as described in paragraph
(1), if--
``(i) the public water system has
repeatedly failed to comply with one or more
national primary drinking water regulations;
``(ii) such consolidation or transfer is
feasible; and
``(iii) such consolidation or transfer
could result in greater compliance with
national primary drinking water regulations.
``(B) Mandatory consolidation.--A State with
primary enforcement responsibility or the Administrator
(if the State does not have primary enforcement
responsibility) may require the owner or operator of a
public water system to submit a plan for consolidation,
or transfer of ownership of the system, as described in
paragraph (1), and complete the actions required under
such plan if--
``(i) the owner or operator of the public
water system completed the assessment required
under paragraph (A), but did not complete
consolidation or transfer of ownership;
``(ii) since completing such assessment,
the public water system has failed to comply
with one or more national primary drinking
water regulations; and
``(iii) such consolidation or transfer is
feasible.
``(C) Regulations.--Not later than 2 years after
the date of enactment of this paragraph, the
Administrator shall promulgate regulations to implement
this paragraph.
``(4) Financial assistance.--Notwithstanding section
1452(a)(3), public water systems undertaking consolidation or
transfer of ownership pursuant to this section may receive
assistance under section 1452 to carry out such consolidation
or transfer.
``(5) Protection of non-responsible system.--
``(A) Identification of liabilities.--An owner or
operator of a public water system submitting a plan
pursuant to this section shall identify as part of such
plan--
``(i) any potential liability for damages
arising from each specific violation identified
in the plan of which the owner or operator is
aware or should be aware; and
``(ii) any funds or other assets available
to satisfy such liability that are available,
as of the date of submission of such plan, to
the public water system that committed such
violation.
``(B) Reservation of funds.--A public water system
that has completed consolidation with another public
water system pursuant to a plan approved or required
pursuant to this section shall not be liable in a civil
action for any damages arising from a specific
violation identified in such plan, except to the extent
to which funds or other assets are identified pursuant
to subparagraph (A)(ii) as available to satisfy such
liability.''.
(b) Retention of Primary Enforcement Authority.--
(1) In general.--Section 1413(a) of the Safe Drinking Water
Act (42 U.S.C. 300g-2(a)) is amended--
(A) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following
new paragraph:
``(6) has adopted and is implementing procedures for
requiring public water systems to assess options for, and
complete, consolidation or transfer of ownership, in accordance
with the regulations issued by the Administrator to implement
section 1414(i)(3); and''.
(2) Conforming amendment.--Section 1413(b)(1) of the Safe
Drinking Water Act (42 U.S.C. 300g-2(b)(1)) is amended by
striking ``of paragraphs (1), (2), (3), and (4)''. | This bill amends the Safe Drinking Water Act to authorize states and the Environmental Protection Agency to require public water systems that have repeatedly failed to comply with drinking water standards to assess options for consolidation. Public water systems are eligible for financial assistance to assist with undertaking consolidation activities. Additionally, the bill provides liability protection for compliant public water systems that consolidate with non-compliant systems. | {"src": "billsum_train", "title": "To amend the Safe Drinking Water Act with respect to the consolidation of public water systems, and for other purposes."} | 894 | 78 | 0.554391 | 1.318157 | 1.34322 | 1.945205 | 11.410959 | 0.767123 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family-Friendly Workplace Act''.
SEC. 2. COMPENSATORY TIME.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)
is amended by adding at the end the following:
``(r) Compensatory Time Off for Private Employees.--
``(1) General rule.--
``(A) Compensatory time off.--An employee may
receive, in accordance with this subsection and in lieu
of monetary overtime compensation, compensatory time
off at a rate not less than one and one-half hours for
each hour of employment for which overtime compensation
is required by this section.
``(B) Definition.--For purposes of this subsection,
the term `employee' does not include an employee of a
public agency.
``(2) Conditions.--An employer may provide compensatory
time to employees under paragraph (1)(A) only if such time is
provided in accordance with--
``(A) applicable provisions of a collective
bargaining agreement between the employer and the labor
organization which has been certified or recognized as
the representative of the employees under applicable
law; or
``(B) in the case of employees who are not
represented by a labor organization which has been
certified or recognized as the representative of such
employees under applicable law, an agreement arrived at
between the employer and employee before the
performance of the work and affirmed by a written or
otherwise verifiable record maintained in accordance
with section 11(c)--
``(i) in which the employer has offered and
the employee has chosen to receive compensatory
time in lieu of monetary overtime compensation;
and
``(ii) entered into knowingly and
voluntarily by such employees and not as a
condition of employment.
No employee may receive or agree to receive compensatory time
off under this subsection unless the employee has worked at
least 1000 hours for the employee's employer during a period of
continuous employment with the employer in the 12-month period
before the date of agreement or receipt of compensatory time
off.
``(3) Hour limit.--
``(A) Maximum hours.--An employee may accrue not
more than 160 hours of compensatory time.
``(B) Compensation date.--Not later than January 31
of each calendar year, the employee's employer shall
provide monetary compensation for any unused
compensatory time off accrued during the preceding
calendar year which was not used prior to December 31
of the preceding year at the rate prescribed by
paragraph (6). An employer may designate and
communicate to the employer's employees a 12-month
period other than the calendar year, in which case such
compensation shall be provided not later than 31 days
after the end of such 12-month period.
``(C) Excess of 80 hours.--The employer may provide
monetary compensation for an employee's unused
compensatory time in excess of 80 hours at any time
after giving the employee at least 30 days notice. Such
compensation shall be provided at the rate prescribed
by paragraph (6).
``(D) Policy.--Except where a collective bargaining
agreement provides otherwise, an employer which has
adopted a policy offering compensatory time to
employees may discontinue such policy upon giving
employees 30 days notice.
``(E) Written request.--An employee may withdraw an
agreement described in paragraph (2)(B) at any time. An
employee may also request in writing that monetary
compensation be provided, at any time, for all
compensatory time accrued which has not yet been used.
Within 30 days of receiving the written request, the
employer shall provide the employee the monetary
compensation due in accordance with paragraph (6).
``(4) Private employer actions.--An employer which provides
compensatory time under paragraph (1) to employees shall not
directly or indirectly intimidate, threaten, or coerce or
attempt to intimidate, threaten, or coerce any employee for the
purpose of--
``(A) interfering with such employee's rights under
this subsection to request or not request compensatory
time off in lieu of payment of monetary overtime
compensation for overtime hours; or
``(B) requiring any employee to use such
compensatory time.
``(5) Termination of employment.--An employee who has
accrued compensatory time off authorized to be provided under
paragraph (1) shall, upon the voluntary or involuntary
termination of employment, be paid for the unused compensatory
time in accordance with paragraph (6).
``(6) Rate of compensation.--
``(A) General rule.--If compensation is to be paid
to an employee for accrued compensatory time off, such
compensation shall be paid at a rate of compensation
not less than--
``(i) the regular rate received by such
employee when the compensatory time was earned;
or
``(ii) the final regular rate received by
such employee,
whichever is higher.
``(B) Consideration of payment.--Any payment owed
to an employee under this subsection for unused
compensatory time shall be considered unpaid overtime
compensation.
``(7) Use of time.--An employee--
``(A) who has accrued compensatory time off
authorized to be provided under paragraph (1); and
``(B) who has requested the use of such
compensatory time,
shall be permitted by the employee's employer to use such time
within a reasonable period after making the request if the use
of the compensatory time does not unduly disrupt the operations
of the employer.
``(8) Definitions.--The terms `overtime compensation' and
`compensatory time' shall have the meanings given such terms by
subsection (o)(7).''.
SEC. 3. REMEDIES.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended--
(1) in subsection (b), by striking ``(b) Any employer'' and
inserting ``(b) Except as provided in subsection (f), any
employer''; and
(2) by adding at the end the following:
``(f) An employer which violates section 7(r)(4) shall be liable to
the employee affected in the amount of the rate of compensation
(determined in accordance with section 7(r)(6)(A)) for each hour of
compensatory time accrued by the employee and in an additional equal
amount as liquidated damages reduced by the amount of such rate of
compensation for each hour of compensatory time used by such
employee.''.
SEC. 4. NOTICE TO EMPLOYEES.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Labor shall revise the materials the Secretary
provides, under regulations published at 29 CFR 516.4, to employers for
purposes of a notice explaining the Fair Labor Standards Act of 1938 to
employees so that such notice reflects the amendments made to such Act
by this Act.
SEC. 5. SUNSET.
This Act and the amendments made by this Act shall expire 5 years
after the date of the enactment of this Act. | Family-Friendly Workplace Act - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees, at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee.
Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year.
Requires an employer to give employees 30-day notice before discontinuing compensatory time off.
Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation; or (2) require an employee to use such compensatory time.
Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used. | {"src": "billsum_train", "title": "To amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector."} | 1,558 | 291 | 0.658943 | 1.980323 | 0.858917 | 3.117886 | 5.878049 | 0.890244 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Market Failure
Protection Act of 1999''.
SEC. 101. MARKETING ASSISTANCE LOANS.
(a) In General.--Section 132 of the Agricultural Market Transition
Act (7 U.S.C. 7232) is amended--
(1) in subsection (a)(1)--
(A) by striking ``be--'' and all that follows
through ``(A) not'' and inserting ``be not''; and
(B) by striking ``; but'' and all that follows
through ``per bushel'';
(2) in subsection (b)(1)--
(A) by striking ``be--'' and all that follows
through ``(A) not'' and inserting ``be not''; and
(B) by striking ``; but'' and all that follows
through ``per bushel'';
(3) in subsection (c)(2), by striking ``or more than
$0.5192 per pound'';
(4) in subsection (d)--
(A) by striking ``be--'' and all that follows
through ``(1) not'' and inserting ``be not''; and
(B) by striking ``; but'' and all that follows
through ``per pound'';
(5) by striking subsection (e) and inserting the following:
``(e) Rice.--The loan rate for a marketing assistance loan under
section 131 for rice shall be--
``(1) not less than 85 percent of the simple average price
received by producers of rice, as determined by the Secretary,
during the marketing years for the immediately preceding 5
crops of rice, excluding the year in which the average price
was the highest and the year in which the average price was the
lowest in the period; but
``(2) not less than $6.50 per hundredweight.''; and
(6) in subsection (f)--
(A) in paragraph (1)(B), by striking ``or more than
$5.26''; and
(B) in paragraph (2)(B), by striking ``or more than
$0.093''.
(b) Term of Loan.--Section 133 of the Agricultural Market
Transition Act (7 U.S.C. 7233) is amended by striking subsection (c)
and inserting the following:
``(c) Extensions.--The Secretary may extend the term of a marketing
assistance loan for any loan commodity for a period not to exceed 6
months.''.
(c) Application.--
(1) In general.--The authority provided by this section
applies to the 1999 and subsequent crops of a loan commodity
(as defined in section 102 of the Agricultural Market
Transition Act (7 U.S.C. 7202)).
(2) Loans.--This section applies to a marketing assistance
loan for a loan commodity made under subtitle C of the
Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) for
the 1999 crop year before, on, or after the date of enactment
of this Act.
SEC. 3. NET OPERATING LOSS OF FARMERS.
(a) Increase in Carryback Years.--Paragraph (1) of section 172(b)
of the Internal Revenue Code of 1986 (relating to net operating loss
carrybacks and carryforwards) is amended by adding at the end the
following new subparagraph:
``(G) Farming losses.--Subparagraph (A)(i) shall be
applied by substituting `10 years' for `2 years' with
respect to the portion of the net operating loss of an
eligible taxpayer (as defined in subsection (i)) for
any taxable year beginning after December 31, 1997, and
ending before January 1, 2000, which is a farming loss
(as so defined) with respect to the taxpayer.''
(b) Definitions and Rules Relating to Farming Losses.--Section 172
of such Code is amended by redesignating subsection (i) as subsection
(j) and inserting after subsection (h) the following new subsection:
``(i) Definitions and Rules Relating to Farming Losses.--For
purposes of this section--
``(1) Farming loss.--
``(A) In general.--The term `farming loss' means
the lesser of--
``(i) the net operating loss of the
taxpayer for the taxable year, or
``(ii) the net operating loss of the
taxpayer for the taxable year determined by
only taking into account items of income and
deduction attributable to 1 or more qualified
farming businesses of the taxpayer.
``(B) Dollar limitation.--
``(i) In general.--The farming loss of a
taxpayer for any taxable year shall not exceed
$200,000.
``(ii) Aggregation rules.--
``(I) In general.--All persons
treated as 1 employer under subsections
(a) or (b) of section 52 shall be
treated as 1 person.
``(II) Pass-thru entity.--In the
case of a partnership, trust, or other
pass-thru entity, the limitation shall
be applied at both the entity and the
owner level.
``(III) Owner.--The limitation
shall be reduced by the amount of
farming loss determined for a
corporation for which the taxpayer is a
50 percent owner in the taxable year of
the corporation ending in the taxable
year of the taxpayer owner.
``(2) Eligible taxpayer.--
``(A) In general.--The term `eligible taxpayer'
means a taxpayer which derives more than 50 percent of
its gross income for the 3-year period beginning 2
years prior to the current taxable year from qualified
farming businesses.
``(B) Qualified farming business.--The term
`qualified farming business' means a trade or business
of farming (within the meaning of section 2032A)--
``(i) with respect to which--
``(I) the taxpayer or a member of
the family of the taxpayer materially
participates (within the meaning of
section 2032A(e)(6)), or
``(II) in the case of a taxpayer
other than an individual, a 20 percent
owner of the taxpayer or a member of
the owner's family materially
participates (as so defined), and
``(ii) which does not receive in excess of
$7,000,000 from sales in a taxable year.
For purposes of clause (i)(II), owners which are
members of a single family shall be treated as a single
owner.
``(3) Owner.--
``(A) 20 percent owner.--The term `20 percent
owner' means any person who would be described in
section 416(i)(1)(B)(i) if `20 percent' were
substituted for `5 percent' each place it appears in
such section.
``(B) 50 percent owner.--The term `50 percent
owner' means any person who would be described in
section 416(i)(1)(B)(i) if `50 percent' were
substituted for `5 percent' each place it appears in
such section.
``(4) Coordination with subsection (b)(2).--For purposes of
applying subsection (b)(2), a farming loss for any taxable year
shall be treated as a separate net operating loss for such
taxable year to be taken into account after the remaining
portion of the net operating loss for such taxable year.
``(5) Election.--Any taxpayer entitled to a 10-year
carryback under subsection (b)(1)(G) from any loss year may
elect to have the carryback period with respect to such loss
year, and any portion of the farming loss for such year,
determined without regard to subsection (b)(1)(G). Such
election shall be made in such manner as may be prescribed by
the Secretary and shall be made by the due date (including
extensions of time) for filing the taxpayer's return for the
taxable year of the net operating loss. Such election, once
made for any taxable year, shall be irrevocable for that
taxable year.'' | Amends the Internal Revenue Code to temporarily increase from two to ten the number of years permitted for the carryback of net operating losses for certain farmers. | {"src": "billsum_train", "title": "Agricultural Market Failure Protection Act of 1999"} | 1,839 | 33 | 0.394322 | 0.876744 | -0.43856 | 1.357143 | 57.892857 | 0.714286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wholesale Motor Fuel Fairness and
Competition Restoration Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) both wholesale and retail motor fuel prices are the
result of a number of complex factors, including those related
to supply, refining, consumer demand, and oil company cost,
pricing, and marketing practices;
(2) certain cost, pricing, and marketing practices employed
by the oil companies are unfair and anticompetitive, and
contribute to the unjustified price of retail motor fuel
charged the American consumer;
(3) among the unfair and anticompetitive oil company
practices are price zoning, redlining, discriminatory wholesale
motor fuel pricing, and a complex system of cost allocation
that hides the factors on which wholesale costs are based;
(4) the oil companies' practice known as price zoning is
one by which prices for motor fuel are set solely because of
the retail station's geographic location unrelated to cost-of-
business factors;
(5) price zoning allows an oil company to artificially
increase or depress retail motor fuel prices in order to secure
an unfair market advantage against competitors;
(6) the oil companies engage in a practice known as
redlining, whereby a refiner refuses to sell motor fuel to
distributors or particular geographic markets;
(7) redlining allows an oil company to force concessions
from a distributor and affords the company the opportunity to
exert undue influence in a particular area or region;
(8) the oil companies engage in a practice of
discriminatory wholesale pricing of motor fuel based on the
relationship of the purchaser to the oil company and the degree
of competition they provide;
(9) discriminatory pricing allows oil companies to charge
different wholesale prices to company owned and operated retail
stations, franchisees, and independent retailers though all may
be situated in the same community and face the same competitive
and operating factors;
(10) the oil companies engage in a complex system of cost
allocations by which they employ rebates, incentives, credits,
and market enhancement allowances that hide the factors on
which wholesale prices are based or published;
(11) the complex system of cost allocation allows oil
companies to post a ``wholesale price'' that is far different
from the actual wholesale price that would be revealed if the
cost factors were publicly identified and appropriately
allocated; and
(12) it is appropriate for the Federal Government to
prohibit these unfair oil company cost, pricing, and marketing
practices, to restore fair and competitive practices to the
wholesale sale of motor fuel, and to allow American consumers
to assess for themselves the factors that contribute to the
price changes they pay at the retail pump.
SEC. 3. PRICE DISCRIMINATION PROHIBITION.
(a) Prohibition.--
(1) In general.--It shall be a violation of this Act for an
owner or operator of a terminal facility to sell motor fuel
from the terminal facility to any person at a price in excess
of the price it charges any other person, including a
distributor or retailer which it owns or with which it is
affiliated.
(2) Price determination.--For purposes of this subsection,
the price an owner or operator of a terminal facility charges a
distributor or retailer which it owns or with which it is
affiliated shall be the price determined pursuant to the
regulations issued under section 4(a).
(3) Exception.--A sale shall not be in violation of this
subsection if it is made pursuant to the terms of a franchise
or sales contract entered into before the date of the enactment
of this Act.
(b) Civil Penalty.--The Federal Trade Commission may assess a civil
penalty, not to exceed $1,000,000, for each violation described in
subsection (a).
(c) Criminal Penalty.--Whoever knowingly violates subsection (a)
shall be fined under title 18, United States Code, or imprisoned not
more than 5 years.
(d) Effective Date.--This section shall take effect 6 months after
the date of the enactment of this Act.
SEC. 4. FULL DISCLOSURE.
(a) Requirement.--The Federal Trade Commission, in consultation
with the Secretary of Energy, shall issue regulations requiring full
disclosure by refiners and distributors of their wholesale motor fuel
pricing policies, with a separate listing of each component
contributing to prices, including the cost of crude oil (with
exploration, extraction, and transportation costs shown separately if
the refiner or distributor is also the producer of the crude oil),
refining, marketing, transportation, equipment, overhead, and profit,
along with a description of any rebates, incentives, and market
enhancement allowances. Such regulations shall establish procedures for
determining the price an owner or operator of a terminal facility
charges a distributor or retailer which it owns or with which it is
affiliated.
(b) Effective Date.--The regulations issued under subsection (a)
shall take effect 6 months after the date of the enactment of this Act.
(c) Public Dissemination.--
(1) Requirements.--Except as provided in paragraph (2), the
Federal Trade Commission shall ensure that all information
acquired pursuant to the regulations issued under subsection
(a) is made available to the public as follows:
(A) Such information may be disseminated to the
public through the Energy Information Administration.
(B) Such information shall be required by the
Federal Trade Commission to be--
(i) conspicuously posted at all retail
motor fuel facilities in a manner so as to be
clearly available and understandable to retail
consumers; and
(ii) included in or with each invoice for
the wholesale sale of motor fuel.
(2) Exception.--The requirements of paragraph (1) shall not
apply to trade secrets and commercial or financial information
protected from disclosure under subsection (b)(4) of section
552 of title 5, United States Code (commonly referred to as the
Freedom of Information Act).
SEC. 5. DEFINITIONS.
For purposes of this Act, any term defined in section 101 of the
Petroleum Marketing Practices Act (15 U.S.C. 2801) shall have the
meaning given the term in that Act. | Wholesale Motor Fuel Fairness and Competition Restoration Act - Declares that it shall be unlawful for an owner or operator to sell motor fuel from its terminal facility to any person in excess of the price it charges any other person, including a distributor or retailer which it owns or with which it is affiliated. Exempts from such prohibition certain franchises or sales contracts entered into before enactment of this Act.Establishes civil and criminal penalties for violations of this Act.Instructs the Federal Trade Commission to: (1) issue regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, with a separate listing of each component contributing to prices, including the cost of crude oil, refining, marketing, transportation, equipment, overhead, and profit, along with a description of any rebates, incentives, and market enhancement allowances; and (2) ensure that all information acquired pursuant to such regulations is disseminated to the public. | {"src": "billsum_train", "title": "To prohibit certain discriminatory pricing policies in wholesale motor fuel sales, and for other purposes."} | 1,329 | 208 | 0.578961 | 1.797595 | 0.74761 | 6.096045 | 7.079096 | 0.943503 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Border Trade Facilitation
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The United States and Canada share the longest
undefended border in the world.
(2) The United States and Canada enjoy the world's largest
bilateral trading relationship, and that relationship is
continuing to expand. Two-way trade between the United States
and Canada has more than doubled since the United States-Canada
Free Trade Agreement was implemented, increasing from
$153,000,000,000 in 1988 to $320,000,000,000 in 1997.
(3) On February 24, 1995, the United States and Canada
agreed to the Canada/United States of America Accord on Our
Shared Border (in this Act referred to as the ``Shared Border
Accord'') to promote common objectives along the border,
including--
(A) facilitating the movement of commercial goods
and people between both countries;
(B) reducing the costs of border management; and
(C) enhancing protections against drugs, smuggling,
and the illegal and irregular movement of people.
(4) The Shared Border Accord has already resulted in
increased harmonization, shared training, and joint facilities
between United States and Canadian customs agencies.
(5) Increased trade has resulted in a significant increase
in merchandise entries and cross-border traffic between the
United States and Canada. For example--
(A) formal entries of merchandise on the Northern
border have increased sixfold from 1,000,000 in 1980 to
6,000,000 in 1997;
(B) the number of individuals crossing the Northern
border has more than doubled from 54,000,000 in 1989 to
112,000,000 in 1997; and
(C) approximately 40,000,000 privately-owned
vehicles cross the Northern land border annually.
(6) The staffing and technology acquisitions of the Customs
Service have not kept pace with the increased trade and traffic
along the Northern border. For example--
(A) the current number of authorized United States
Customs inspectors along the United States-Canadian
border is essentially the same as the number employed
in 1980;
(B) United States Customs understaffing is the
primary cause of congestion at border crossings;
(C) Customs Service acquisitions of new technology
for border management have been principally deployed on
the Southern border despite the enormous growth in
trade and traffic across the United States-Canadian
border; and
(D) outmoded technologies and inadequate equipment
have increased congestion along the Northern border.
(7) Since 1952, the Customs Service has performed
preclearance activities in Canada, inspecting passengers and
baggage prior to their departure from Canada rather than upon
arrival in the United States. Such preclearance activities have
facilitated the movement of people and merchandise across the
United States-Canadian border.
(8) The Customs Service has stated that it is eliminating
the preclearance positions because it believes that it no
longer has the statutory authority to fund the positions.
(9) Loss of these positions would increase congestion and
delays at United States ports as the Customs Service would
require inspections to be performed in the United States,
rather than abroad.
(b) Purpose.--The purpose of this Act is to facilitate commerce and
the movement of people and traffic across the United States-Canadian
border, while maintaining enforcement, by--
(1) authorizing the funds necessary to open all of the
Customs Service's primary inspection lanes along the United
States-Canadian border during peak hours;
(2) authorizing the funds necessary to supply the Customs
Service with the appropriate advanced technology to conduct
inspections along the United States-Canadian border and to
participate fully in the Shared Border Accord;
(3) authorizing the Customs Service to pay for preclearance
positions in Canada out of the funds already being collected
from passenger processing fees; and
(4) authorizing the Customs Service to use a portion of the
funds collected from the merchandise processing fee to develop
automated commercial systems to facilitate the processing of
merchandise.
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES CUSTOMS
SERVICE FOR ENHANCED INSPECTION AND TRADE FACILITATION ALONG THE UNITED
STATES-CANADIAN BORDER
SEC. 101. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
In order to reduce commercial delays and congestion, open all
primary lanes during peak hours at ports on the northern border, and
enhance the investigative resources of the Customs Service, there are
authorized to be appropriated for salaries, expenses, and equipment for
the United States Customs Service for purposes of carrying out this
title--
(1) $75,896,800 for fiscal year 2000; and
(2) $43,931,790 for fiscal year 2001.
SEC. 102. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT FOR THE
UNITED STATES-CANADA BORDER.
Of the amounts authorized to be appropriated under section 101,
$49,314,800 in fiscal year 2000 and $41,273,590 in fiscal year 2001
shall be for--
(1) a net increase of 375 inspectors for the United States-
Canadian border, in order to open all primary lanes during peak
hours and enhance investigative resources;
(2) a net increase of 125 inspectors to be distributed at
large cargo facilities on the United States-Canadian border as
needed to process and screen cargo (including rail cargo) and
reduce commercial waiting times; and
(3) a net increase of 40 special agents, and 10
intelligence analysts to facilitate the activities of the
additional inspectors authorized by paragraphs (1) and (2).
SEC. 103. CARGO INSPECTION EQUIPMENT FOR THE UNITED STATES-CANADA
BORDER.
(a) Fiscal Year 2000.--Of the amounts authorized to be appropriated
in fiscal year 2000 under section 101, $26,582,000 shall be available
until expended for acquisition and other expenses associated with
implementation and deployment of cargo inspection equipment along the
United States-Canadian border as follows:
(1) $3,000,000 for 4 Vehicle and Container Inspection
Systems (VACIS).
(2) $8,800,000 for 4 mobile truck x-rays with transmission
and backscatter imaging.
(3) $3,600,000 for 4 1-MeV pallet x-rays.
(4) $250,000 for 50 portable contraband detectors (busters)
to be distributed among ports where the current allocations are
inadequate.
(5) $300,000 for 25 contraband detection kits to be
distributed among ports based on traffic volume.
(6) $240,000 for 10 portable Treasury Enforcement
Communications Systems (TECS) terminals to be moved among ports
as needed.
(7) $400,000 for 10 narcotics vapor and particle detectors
to be distributed to each border crossing based on traffic
volume.
(8) $600,000 for 30 fiber optic scopes.
(9) $250,000 for 50 portable contraband detectors (busters)
to be distributed among ports where the current allocations are
inadequate;
(10) $3,000,000 for 10 x-ray vans with particle detectors.
(11) $40,000 for 8 AM loop radio systems.
(12) $400,000 for 100 vehicle counters.
(13) $1,200,000 for 12 examination tool trucks.
(14) $2,400,000 for 3 dedicated commuter lanes.
(15) $1,050,000 for 3 automated targeting systems.
(16) $572,000 for 26 weigh-in-motion sensors.
(17) $480,000 for 20 portable Treasury Enforcement
Communication Systems (TECS).
(b) Fiscal Year 2001.--Of the amounts made available for fiscal
year 2001 under section 101, $2,658,200 shall be for the maintenance
and support of the equipment and training of personnel to maintain and
support the equipment described in subsection (a).
(c) Acquisition of Technologically Superior Equipment; Transfer of
Funds.--
(1) In general.--The Commissioner of Customs may use
amounts made available for fiscal year 2000 under section 101
for the acquisition of equipment other than the equipment
described in subsection (a) if such other equipment--
(A)(i) is technologically superior to the equipment
described in subsection (a); and
(ii) will achieve at least the same results at a
cost that is the same or less than the equipment
described in subsection (a); or
(B) can be obtained at a lower cost than the
equipment described in subsection (a).
(2) Transfer of funds.--Notwithstanding any other provision
of this section, the Commissioner of Customs may reallocate an
amount not to exceed 10 percent of the amount specified in any
of paragraphs (1) through (17) of subsection (a) for equipment
specified in any other of such paragraphs (1) through (17).
TITLE II--ADDITIONAL PRECLEARANCE ACTIVITIES
SEC. 201. CUSTOMS USER FEES.
(a) Additional Preclearance Activities.--Section
13031(f)(3)(A)(iii) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)(A)(iii)) is amended to read as
follows:
``(iii) to the extent funds remain
available after making reimbursements under
clause (ii), in providing salaries for up to 50
full-time equivalent inspectional positions to
provide preclearance services.''.
(b) Collection of Fees for Passengers Aboard Commercial Vessels.--
Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c) is amended--
(1) in subsection (a), by amending paragraph (5) to read as
follows:
``(5)(A) Subject to subparagraph (B), for the arrival of
each passenger aboard a commercial vessel or commercial
aircraft from a place outside the United States (other than a
place referred to in subsection (b)(1)(A)(i)), $5.
``(B) For the arrival of each passenger aboard a commercial
vessel from a place referred to in subsection (b)(1)(A)(i),
$1.75''; and
(2) in subsection (b)(1)(A), by striking ``(A) No fee'' and
inserting ``(A) Except as provided in subsection (a)(5)(B), no
fee''.
(c) Use of Merchandise Processing Fees for Automated Commercial
Systems.--Section 13031(f) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)) is amended by adding at
the end the following:
``(6) Of the amounts collected under paragraphs (9) and
(10) of subsection (a), $50,000,000 shall be available to the
Customs Service, subject to appropriations Acts, for automated
commercial systems. Amounts made available under this paragraph
shall remain available until expended.''.
(d) Effective Date.--The amendments made by this section take
effect 30 days after the date of enactment of this Act. | TABLE OF CONTENTS:
Title I: Authorization of Appropriations for the United
States Customs Service for Enhanced Inspection and Trade
Facilitation Along the United States-Canadian Border
Title II: Additional Preclearance Activities
Northern Border Trade Facilitation Act -
Title I: Authorization of Appropriations for the United States Customs Service for Enhanced Inspection and Trade Facilitation Along the United States-Canadian Border
- Authorizes appropriations for the U.S. Customs Service for FY 2000 and 2001 for: (1) additional inspectors and special agents during peak hours along the U.S.-Canadian border; and (2) acquisition and deployment of cargo inspection equipment (including maintenance and support of such equipment, training of personnel, and for new technologies) along such border.
Title II: Additional Preclearance Activities
- Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to continue, indefinitely, the use of customs user fees (to the extent funds remain available after making certain reimbursements) for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance customs services.
Decreases from $6.50 to $5 the customs user fee charged to each passenger that arrives aboard a commercial vessel or commercial aircraft from a place outside the U.S. customs (except $1.75 shall be charged to each passenger aboard a commercial vessel that arrives from Canada, Mexico, a U.S. territory or possession, or an adjacent island). Earmarks a specified amount of certain customs user fees to the Customs Service for automated commercial systems.
. | {"src": "billsum_train", "title": "Northern Border Trade Facilitation Act"} | 2,408 | 350 | 0.517589 | 1.750057 | 0.731304 | 3.074733 | 7.66548 | 0.88968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonneville Power Administration
Appropriations Refinancing Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) ``Administrator'' means the Administrator of the
Bonneville Power Administration;
(2) ``capital investment'' means a capitalized cost funded
by Federal appropriations that--
(A) is for a project, facility, or separable unit
or feature of a project or facility;
(B) is a cost for which the Administrator is
required by law to establish rates to repay to the
United States Treasury through the sale of electric
power, transmission, or other services;
(C) excludes a Federal irrigation investment; and
(D) excludes an investment financed by the current
revenues of the Administrator or by bonds issued and
sold, or authorized to be issued and sold, by the
Administrator under section 13 of the Federal Columbia
River Transmission System Act (16 U.S.C. 838(k));
(3) ``new capital investment'' means a capital investment
for a project, facility, or separable unit or feature of a
project or facility, placed in service after September 30,
1995;
(4) ``old capital investment'' means a capital investment
whose capitalized cost--
(A) was incurred, but not repaid, before October 1,
1995, and
(B) was for a project, facility, or separable unit
or feature of a project or facility, placed in service
before October 1, 1995;
(5) ``repayment date'' means the end of the period within
which the Administrator's rates are to assure the repayment of
the principal amount of a capital investment; and
(6) ``Treasury rate'' means--
(A) for an old capital investment, a rate
determined by the Secretary of the Treasury, taking
into consideration prevailing market yields, during the
month preceding October 1, 1995, on outstanding
interest-bearing obligations of the United States with
periods to maturity comparable to the period between
October 1, 1995, and the repayment date for the old
capital investment; and
(B) for a new capital investment, a rate determined
by the Secretary of the Treasury, taking into
consideration prevailing market yields, during the
month preceding the beginning of the fiscal year in
which the related project, facility, or separable unit
or feature is placed in service, on outstanding
interest-bearing obligations of the United States with
periods to maturity comparable to the period between
the beginning of the fiscal year and the repayment date
for the new capital investment.
SEC. 3. NEW PRINCIPAL AMOUNTS.
(a) Effective October 1, 1995, an old capital investment has a new
principal amount that is the sum of--
(1) the present value of the old payment amounts for the
old capital investment, calculated using a discount rate equal
to the Treasury rate for the old capital investment; and
(2) an amount equal to $100,000,000 multiplied by a
fraction whose numerator is the principal amount of the old
payment amounts for the old capital investment and whose
denominator is the sum of the principal amounts of the old
payment amounts for all old capital investments.
(b) With the approval of the Secretary of the Treasury based solely
on consistency with this Act, the Administrator shall determine the new
principal amounts under section 3 and the assignment of interest rates
to the new principal amounts under section 4.
(c) For the purposes of this section, ``old payment amounts''
means, for an old capital investment, the annual interest and principal
that the Administrator would have paid to the United States Treasury
from October 1, 1995, if this Act were not enacted, assuming that--
(1) the principal were repaid--
(A) on the repayment date the Administrator
assigned before October 1, 1993, to the old capital
investment, or
(B) with respect to an old capital investment for
which the Administrator has not assigned a repayment
date before October 1, 1993, on a repayment date the
Administrator shall assign to the old capital
investment in accordance with paragraph 10(d)(1) of the
version of Department of Energy Order RA 6120.2 in
effect on October 1, 1993; and
(2) interest were paid--
(A) at the interest rate the Administrator assigned
before October 1, 1993, to the old capital investment,
or
(B) with respect to an old capital investment for
which the Administrator has not assigned an interest
rate before October 1, 1993, at a rate determined by
the Secretary of the Treasury, taking into
consideration prevailing market yields, during the
month preceding the beginning of the fiscal year in
which the related project, facility, or separable unit
or feature is placed in service, on outstanding
interest-bearing obligations of the United States with
periods to maturity comparable to the period between
the beginning of the fiscal year and the repayment date
for the old capital investment.
SEC. 4. INTEREST RATE FOR NEW PRINCIPAL AMOUNTS
As of October 1, 1995, the unpaid balance on the new principal
amount established for an old capital investment under section 3 bears
interest annually at the Treasury rate for the old capital investment
until the earlier of the date that the new principal amount is repaid
or the repayment date for the new principal amount.
SEC. 5. REPAYMENT DATES.
As of October 1, 1995, the repayment date for the new principal
amount established for an old capital investment under section 3 is no
earlier than the repayment date for the old capital investment assumed
in section 3(c)(1).
SEC. 6. PREPAYMENT LIMITATIONS.
During the period October 1, 1995, through September 30, 2000, the
total new principal amounts of old capital investments, as established
under section 3, that the Administrator may pay before their respective
repayment dates shall not exceed $100,000,000.
SEC. 7. INTEREST RATES FOR NEW CAPITAL INVESTMENTS DURING CONSTRUCTION.
(a) The principal amount of a new capital investment includes
interest in each fiscal year of construction of the related project,
facility, or separable unit or feature at a rate equal to the one-year
rate for the fiscal year on the sum of--
(1) construction expenditures that were made from the date
construction commenced through the end of the fiscal year, and
(2) accrued interest during construction.
(b) The Administrator is not required to pay, during construction
of the project, facility, or separable unit or feature, the interest
calculated, accrued, and capitalized under subsection (a).
(c) For the purposes of this section, `one-year rate' for a fiscal
year means a rate determined by the Secretary of the Treasury, taking
into consideration prevailing market yields, during the month preceding
the beginning of the fiscal year, on outstanding interest-bearing
obligations of the United States with periods to maturity of
approximately one year.
SEC. 8. INTEREST RATES FOR NEW CAPITAL INVESTMENTS.
The unpaid balance on the principal amount of a new capital
investment bears interest at the Treasury rate for the new capital
investment from the date the related project, facility, or separable
unit or feature is placed in service until the earlier of the date the
new capital investment is repaid or the repayment date for the new
capital investment.
SEC. 9. APPROPRIATED AMOUNTS.
The Confederated Tribe of the Colville Reservation Grand Coulee Dam
Settlement Act (Public Law No. 103-436) is amended by striking section
6 and its catchline and inserting the following:
``SEC. 6. APPROPRIATED AMOUNTS.
``(a) Without fiscal year limitation, there are appropriated to the
Administrator $15.25 million in fiscal year 1996, $15.86 million in
fiscal year 1997, $16.49 million in fiscal year 1998, $17.15 million in
fiscal year 1999, $17.84 million in fiscal year 2000, and $4.10 million
in each succeeding fiscal year so long as the Administrator makes
annual payments to the Tribes under the settlement agreement.
``(b) For the purposes of this section--
``(1) `settlement agreement' means that settlement
agreement between the United States of America and the
Confederated Tribes of the Colville Reservation signed by the
Tribes on April 16, 1994, and by the United States of America
on April 21, 1994, which settlement agreement resolves claims
of the Tribes in Docket 181-D of the Indian Claims Commission,
which docket has been transferred to the United States Court of
Federal Claims; and
``(2) `Tribes' means the Confederated Tribes of the
Colville Reservation, a federally recognized Indian Tribe.''.
SEC. 10. CONTRACT PROVISIONS.
In each contract of the Administrator that provides for the
Administrator to sell electric power, transmission, or related
services, and that is in effect after September 30, 1995, the
Administrator shall offer to include, or as the case may be, shall
offer to amend to include, provisions specifying that after September
30, 1995--
(1) the Administrator shall establish rates and charges on
the basis that--
(A) the principal amount of an old capital
investment shall be no greater than the new principal
amount established under section 3 of this Act;
(B) the interest rate applicable to the unpaid
balance of the new principal amount of an old capital
investment shall be no greater than the interest rate
established under section 4 of this Act;
(C) any payment of principal of an old capital
investment shall reduce the outstanding principal
balance of the old capital investment in the amount of
the payment at the time the payment is tendered; and
(D) any payment of interest on the unpaid balance
of the new principal amount of an old capital
investment shall be a credit against the appropriate
interest account in the amount of the payment at the
time the payment is tendered;
(2) apart from charges necessary to repay the new principal
amount of an old capital investment as established under
section 3 of this Act and to pay the interest on the principal
amount under section 4 of this Act, no amount may be charged
for return to the United States Treasury as repayment for or
return on an old capital investment, whether by way of rate,
rent, lease payment, assessment, user charge, or any other fee;
(3) amounts provided under section 1304 of title 31, United
States Code, shall be available to pay, and shall be the sole
source for payment of, a judgment against or settlement by the
Administrator or the United States on a claim for a breach of
the contract provisions required by this Act; and
(4) the contract provisions specified in this Act do not--
(A) preclude the Administrator from recovering,
through rates or other means, any tax that is generally
imposed on electric utilities in the United States, or
(B) affect the Administrator's authority under
applicable law, including section 7(g) of the Pacific
Northwest Electric Power Planning and Conservation Act
(16 U.S.C. 839e(g)), to--
(i) allocate costs and benefits, including
but not limited to fish and wildlife costs, to
rates or resources, or
(ii) design rates.
SEC. 11. SAVINGS PROVISIONS.
(a) This Act does not affect the obligation of the Administrator to
repay the principal associated with each capital investment, and to pay
interest on the principal, only from the ``Administrator's net
proceeds,'' as defined in section 13 of the Federal Columbia River
Transmission System Act (16 U.S.C. 838k(b)).
(b) Except as provided in section 6 of this Act, this Act does not
affect the authority of the Administrator to pay all or a portion of
the principal amount associated with a capital investment before the
repayment date for the principal amount. | Bonneville Power Administration Appropriations Refinancing Act - Amends the Federal Columbia River Transmission System Act to prescribe guidelines under which the Administrator of the Bonneville Power Administration (BPA) is directed to refinance a certain appropriated debt by determining with the approval of the Secretary of the Treasury: (1) a new principal amount for such debt; (2) a new interest rate for such debt based on the Treasury rate for the old capital investment; and (3) a $100 million limit on prepayments of old capital investments before a certain date.
Prescribes guidelines for interest rates for new capital investments.
Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to appropriate specified amounts to the Administrator in certain fiscal years so long as the Administrator makes annual payments to the Tribes under a certain settlement agreement.
Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the principal amount or interest rate obligations to the Government. | {"src": "billsum_train", "title": "Bonneville Power Administration Appropriations Refinancing Act"} | 2,527 | 218 | 0.491843 | 1.554628 | 0.835773 | 3.037634 | 13.188172 | 0.844086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Deficit Reduction Act''.
SEC. 2. FINDINGS.
The Senate finds the following:
(1) At a time when our Nation has a $14.2 trillion national
debt and a $1.6 trillion annual deficit, moving aggressively
toward deficit reduction means that we must include not only
well-targeted budget cuts, but revenue raised in a fair and
economically just way. Questions every Member of Congress
should be asking are the following:
(A) Do we ask the highest paid executives on Wall
Street to give up a $1 million a year tax break, or do
we ask senior citizens to go cold in the winter by
cutting the Low Income Home Energy Assistance Program?
(B) Do we ask Exxon Mobil and other big oil
companies to give up their tax breaks, or do we ask
over 9 million college students to go further into debt
by cutting Pell Grants by $5.7 billion?
(C) Do we stop cutting taxes for the richest 400
American families, who earned an average of $345
million in 2007, or do we delay Social Security
benefits to 500,000 Americans by a $1.7 billion cut in
the Social Security Administration?
(D) Do we establish an emergency deficit reduction
surtax on millionaires and billionaires, or do we deny
over 200,000 little children the opportunity to enroll
in Head Start by cutting this program by $1.1 billion?
(E) Do we finally tax hedge fund managers who make
at least $1 billion at a higher rate than police
officers, teachers, firefighters, and nurses, or will
11 million Americans be denied access to quality
primary healthcare by a $1.3 billion cut in community
health centers?
(2) At a time when the wealthiest people in this country
are doing phenomenally well, when the effective Federal tax
rates for the richest Americans are the lowest on record, and
when the top 2 percent of taxpayers have received hundreds of
billions of dollars in tax breaks in recent years, it would be
morally wrong for the United States Congress to move towards a
balanced budget on the backs of the middle class, the elderly,
the sick, and the most vulnerable people in our society while
asking nothing of the highest income earners and most
profitable corporations.
(3) Creating an emergency deficit reduction surtax on
income over $1 million will reduce the deficit in a fair and
economically just way by increasing revenue from those who can
afford it the most.
(4) From 2000 to 2010, the 5 largest oil companies in the
United States made nearly $1 trillion in profits, yet some of
them paid nothing in Federal income taxes in recent years.
Ending outdated and unnecessary tax credits, deductions, and
subsidies for big oil companies is a fair and economically just
way to raise revenue and reduce the deficit.
(5) In the midst of the worst recession since the Great
Depression, America's middle class and working families have
already paid a very heavy price in terms of lost jobs, lost
homes, lost wages, and lost opportunity. The time has come to
ask the wealthiest in our society and the most profitable
corporations in America to help our Nation address its deficit
crisis. Any deficit reduction package must include raising
revenue from the wealthy and eliminating tax breaks for big oil
companies.
SEC. 3. EMERGENCY DEFICIT REDUCTION SURCHARGE ON HIGH INCOME
INDIVIDUALS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VIII--EMERGENCY DEFICIT REDUCTION SURCHARGE ON HIGH INCOME
INDIVIDUALS
``Sec. 59B. Emergency deficit reduction surcharge on high income
individuals.
``SEC. 59B. EMERGENCY DEFICIT REDUCTION SURCHARGE ON HIGH INCOME
INDIVIDUALS.
``(a) General Rule.--In the case of a taxpayer other than a
corporation, there is hereby imposed (in addition to any other tax
imposed by this subtitle) a tax equal to 5.4 percent of so much of the
modified adjusted gross income of the taxpayer as exceeds $1,000,000
($2,000,000 in the case of any taxpayer making a joint return under
section 6013).
``(b) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means adjusted gross
income reduced by any deduction (not taken into account in determining
adjusted gross income) allowed for investment interest (as defined in
section 163(d)). In the case of an estate or trust, adjusted gross
income shall be determined as provided in section 67(e).
``(c) Special Rules.--
``(1) Nonresident alien.--In the case of a nonresident
alien individual, only amounts taken into account in connection
with the tax imposed under section 871(b) shall be taken into
account under this section.
``(2) Citizens and residents living abroad.--The dollar
amount in effect under subsection (a) shall be decreased by the
excess of--
``(A) the amounts excluded from the taxpayer's
gross income under section 911, over
``(B) the amounts of any deductions or exclusions
disallowed under section 911(d)(6) with respect to the
amounts described in subparagraph (A).
``(3) Charitable trusts.--Subsection (a) shall not apply to
a trust all the unexpired interests in which are devoted to one
or more of the purposes described in section 170(c)(2)(B).
``(4) Not treated as tax imposed by this chapter for
certain purposes.--The tax imposed under this section shall not
be treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter or for
purposes of section 55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``part viii. emergency deficit reduction surcharge on high income
individuals.''.
(c) Section 15 Not To Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
SEC. 4. REPEAL OF EXPENSING AND 60-MONTH AMORTIZATION OF INTANGIBLE
DRILLING COSTS.
Subsection (c) of section 263 of the Internal Revenue Code of 1986
is amended by striking the period at the end of the third sentence and
inserting ``, or to any costs paid or incurred after December 31,
2010.''.
SEC. 5. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS.
(a) In General.--Section 613 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Termination of Percentage Depletion for Oil and Gas
Properties.--In the case of oil and gas properties, this section shall
not apply to any taxable year beginning after December 31, 2010.''.
(b) Limitations on Percentage Depletion in Case of Oil and Gas
Wells.--Section 613A of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(f) Termination.--This section shall not apply to any taxable
year beginning after December 31, 2010.''.
SEC. 6. DENIAL OF DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC
PRODUCTION OF OIL, NATURAL GAS, OR PRIMARY PRODUCTS
THEREOF.
(a) In General.--Subparagraph (B) of section 199(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (ii), by striking the period at the end of clause (iii) and
inserting ``, or'', and by inserting after clause (iii) the following
new clause:
``(iv) the production, refining,
processing, transportation, or distribution of
oil, natural gas, or any primary product
thereof.''.
(b) Primary Product.--Section 199(c)(4)(B) of the Internal Revenue
Code of 1986 is amended by adding at the end the following flush
sentence:
``For purposes of clause (iv), the term `primary
product' has the same meaning as when used in section
927(a)(2)(C), as in effect before its repeal.''.
(c) Conforming Amendments.--
(1) Section 199(c)(4) of the Internal Revenue Code of 1986
is amended--
(A) in subparagraph (A)(i)(III) by striking
``electricity, natural gas,'' and inserting
``electricity'', and
(B) in subparagraph (B)(ii) by striking
``electricity, natural gas,'' and inserting
``electricity''.
(2) Section 199(d) of such Code is amended by striking
paragraph (9) and by redesignating paragraph (10) as paragraph
(9).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010. | Emergency Deficit Reduction Act - Amends the Internal Revenue Code to: (1) impose an additional 5.4% tax on individual taxpayers whose modified adjusted gross income exceeds $1 million ($2 million in the case of a joint return); (2) repeal the amortization of intangible and drilling and development costs for oil, gas, and geothermal wells; (3) repeal the percentage depletion allowance for oil and gas wells; and (4) deny a tax deduction for income attributable to the domestic production of oil, natural gas, or primary products thereof. | {"src": "billsum_train", "title": "A bill to reduce the Federal budget deficit by creating a surtax on high income individuals and eliminating big oil and gas company tax loopholes."} | 2,099 | 123 | 0.339052 | 0.936472 | 0.562113 | 3.009259 | 17.222222 | 0.898148 |
SECTION 1. CENTERS OF EXCELLENCE FOR RURAL HEALTH RESEARCH, EDUCATION,
AND CLINICAL ACTIVITIES.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Centers of excellence for rural health research,
education, and clinical activities
``(a) Establishment of Centers.--The Secretary, through the
Director of the Office of Rural Health, shall establish and operate not
less than one and not more than five centers of excellence for rural
health research, education, and clinical activities, which shall--
``(1) conduct research on the provision of health services
in rural areas;
``(2) develop specific models to be used by the Department
in furnishing health services to veterans in rural areas;
``(3) provide education and training for health care
professionals of the Department on the furnishing of health
services to veterans in rural areas; and
``(4) develop and implement innovative clinical activities
and systems of care for the Department for the furnishing of
health services to veterans in rural areas.
``(b) Geographic Dispersion.--The Secretary shall ensure that the
centers established under this section are located at health care
facilities that are geographically dispersed throughout the United
States.
``(c) Selection Criteria.--The Secretary may not designate a health
care facility as a location for a center under this section unless--
``(1) the peer review panel established under subsection
(d) determines that the proposal submitted by such facility
meets the highest competitive standards of scientific and
clinical merit; and
``(2) the Secretary determines that such facility has, or
may reasonably be anticipated to develop, the following:
``(A) An arrangement with an accredited medical
school to provide residents with education and training
in health services for veterans in rural areas.
``(B) The ability to attract the participation of
scientists who are capable of ingenuity and creativity
in health care research efforts.
``(C) A policymaking advisory committee, composed
of appropriate health care and research representatives
of the facility and of the affiliated school or
schools, to advise the directors of such facility and
such center on policy matters pertaining to the
activities of such center during the period of the
operation of such center.
``(D) The capability to conduct effectively
evaluations of the activities of such center.
``(d) Panel To Evaluate Proposals.--(1) The Director of the Office
of Rural Health shall establish a panel--
``(A) to evaluate the scientific and clinical merit
of proposals submitted to establish centers under this
section; and
``(B) to provide advice to the Director regarding
the implementation of this section.
``(2) The panel shall review each proposal received from
the Secretary and shall submit its views on the relative
scientific and clinical merit of each such proposal to the
Secretary.
``(3) The panel established under paragraph (1) shall be
comprised of experts in the fields of public health research,
education, and clinical care.
``(4) Members of the panel shall serve as consultants to
the Department for a period not to exceed two years.
``(5) The panel shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
``(e) Reports.--Not later than April 1 of each year, the Secretary
shall submit to Congress a report on the centers established under this
section. Such report shall include--
``(1) the results of research conducted under subsection
(a)(1);
``(2) an evaluation of models related to furnishing health
services to veterans in rural areas developed under subsection
(a)(2);
``(3) an evaluation of the education and training provided
under subsection (a)(3); and
``(4) an evaluation of clinical activities or systems of
care related to furnishing health services to veterans in rural
areas developed under subsection (a)(4).
``(f) Funding.--(1) There are authorized to be appropriated to the
Medical Care Account and the Medical and Prosthetics Research Account
of the Department of Veterans Affairs such sums as may be necessary for
the support of the research and education activities of the centers
operated under this section.
``(2) There shall be allocated to the centers operated
under this section, from amounts authorized to be appropriated
to the Medical Care Account and the Medical and Prosthetics
Research Account by paragraph (1), such amounts as the Under
Secretary of health considers appropriate for such centers.
Such amounts shall be allocated through the Director of the
Office of Rural Health.
``(3) Activities of clinical and scientific investigation
at each center operated under this section--
``(A) shall be eligible to compete for the award of
funding from funds appropriated for the Medical and
Prosthetics Research Account; and
``(B) shall receive priority in the award of
funding from such account to the extent that funds are
awarded to projects for research in the care of rural
veterans.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7330A the following new item:
``7330B. Centers of excellence for rural health research, education,
and clinical activities.''. | Directs the Secretary of Veterans Affairs (VA) to establish and operate at least one, and up to five, centers of excellence for rural health research, education, and clinical activities. Requires the submission of annual reports on those centers. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to establish in the Department of Veterans Affairs centers of excellence for rural health research, education, and clinical activities, and for other purposes."} | 1,132 | 51 | 0.593047 | 1.434521 | 0.795938 | 3.456522 | 24.478261 | 0.804348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grant's Tomb National Monument Act
of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Ulysses S. Grant has been heralded as a national hero
by his contemporaries and by generations thereafter;
(2) Ulysses S. Grant led the Union Army to victory,
bringing to an end the Civil War in 1865, assuring the
preservation of the United States, and ensuring the
emancipation of United States slaves;
(3) Ulysses S. Grant served as the 18th President of the
United States from 1869 through 1877;
(4) Ulysses S. Grant demonstrated his commitment to
maintaining the rights of freed slaves by executing his
authority as Commander in Chief to command Federal troops to
protect the rights and freedoms of former slaves; and
(5) Ulysses S. Grant demonstrated his commitment to
rebuilding the United States and restoring unity among the
people of the United States.
(b) Purposes.--The purposes of this Act are--
(1) to recognize and pay tribute to Ulysses S. Grant, both
as a general and as a former President of the United States;
(2) to restore, complete, and preserve in perpetuity the
Grant's Tomb National Monument and surrounding areas that are
of national historical significance in a manner consistent with
the architectural, historical, and educational value of the
monument's original design and purpose; and
(3) to educate present and future generations about the
life of Ulysses S. Grant and his contributions to the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Monument.--The term ``monument'' means the monument
redesignated as Grant's Tomb National Monument under section
4(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tomb.--The term ``tomb'' means the tomb of Ulysses S.
Grant.
SEC. 4. REDESIGNATION OF MEMORIAL AND ADMINISTRATION OF GRANT'S TOMB
NATIONAL MONUMENT.
(a) Redesignation.--General Grant National Memorial, located at
Riverside Drive and West 122d Street in New York, New York, is
redesignated as Grant's Tomb National Monument.
(b) Area Included.--The monument shall consist of the tomb and the
surrounding plaza area, as generally depicted on the map entitled
``Grant's Tomb National Monument'' and dated April 27, 1994. The map
shall be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior.
(c) Administration.--The Secretary shall administer, repair,
restore, preserve, maintain, and promote the monument in accordance
with this Act and with the provisions of law generally applicable to
units of the National Park System, including the Act entitled ``An Act
to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (16 U.S.C. 1 et seq.).
(d) Visitors Center.--
(1) In general.--The Secretary shall design and construct a
visitors center (including public restrooms) at the monument to
aid in the interpretation and maintain the historical
significance of the monument.
(2) Consultation and design.--The visitors center shall--
(A) be established in consultation with the study
commission established under section 5; and
(B) be designed in a manner that--
(i) is consistent with the existing
architectural and historical intent of the
site; and
(ii) does not detract from the historical
interpretation and the scenic views of the
monument and the existing park area.
SEC. 5. LAND ACQUISITION; LEASE OR COOPERATIVE MANAGEMENT AGREEMENT.
(a) Land Acquisition.--The Secretary shall acquire from the city of
New York non-Federal lands, located within the monument as depicted on
the map referred to in section 4(b), by donation, purchase with donated
or appropriated funds, or exchange.
(b) Lease or Cooperative Management Agreement.--To carry out the
purposes of this Act, the Secretary may--
(1) lease non-Federal land located within the boundary of
the monument; or
(2) enter into a cooperative agreement for the management
of non-Federal land located within the boundary of the
monument.
SEC. 6. STUDY COMMISSION.
(a) Establishment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish a study
commission of 7 persons, which shall be composed of--
(A) the president and at least 3 members of the
executive committee of the Grant Monument Association;
(B) representatives of the community surrounding
the monument; and
(C) citizens with a unique knowledge or expertise
relating to the monument.
(2) Government employees.--No officer or employee of the
Federal Government or a State or local government is eligible
for membership on the study commission.
(3) Without pay.--Members of the study commission shall
serve without pay.
(4) Chair.--The members of the study commission shall
designate a chair of the study commission.
(5) Administrative support services.--On request of the
study commission, the Secretary shall furnish on a reimbursable
basis such administrative support services (including staff,
supplies, and facilities) as are necessary for the study
commission to carry out its duties under subsection (b).
(b) Duties.--
(1) In general.--The study commission shall--
(A) review security and maintenance of the
monument;
(B) plan for interpretive programs of the monument;
(C) plan for the complete restoration of the
monument;
(D) submit a study in accordance with paragraph
(2);
(E) monitor the progress of repairs being made to
the tomb; and
(F) submit reports to the Secretary and to Congress
on the progress of any repairs being made to the tomb.
(2) Study.--Not later than 180 days after the date of the
study commission's first meeting, the study commission shall
submit a written study of the monument to the Secretary, which
shall include the following:
(A) Proposed measures to improve security,
maintenance, and interpretive programs of the monument,
including such improvements as may be required to be
carried out by April 27, 1999. The proposed measures
shall be based on the original plans of the architect
of the tomb, John H. Duncan, and the plans of architect
John Russell Pope, approved in 1928 by the Grant
Monument Association.
(B) An estimate of the capital costs and general
operating costs of implementing the measures proposed
under subparagraph (A).
(c) Final Plan.--
(1) In general.--Not later than 90 days after the date on
which the study is submitted to the Secretary under subsection
(b)(2), the Secretary shall review and evaluate the study and
submit to Congress a final plan for the projects at the
monument to be fully completed by April 27, 1999.
(2) Consistency with study.--The final plan shall be
consistent with the study, except for any aspect of the study
that the Secretary reports to Congress--
(A) is unreasonable;
(B) is inconsistent with the existing
architectural, historical, or educational intent of the
site;
(C) would detract from, distort, or otherwise
compromise the historical interpretation or scenic
views of the monument; or
(D) would conflict with the purpose of this Act
described in section 2(b).
(3) Design.--The final plan shall contain a design for the
site that--
(A) is consistent with the architectural and
historical intent of the site; and
(B) does not detract from or distort the historical
interpretation or scenic views of the monument and the
existing park area.
(d) Meetings.--
(1) Open meetings.--All meetings of the study commission
shall be open to the public.
(2) Interested persons.--An interested person may attend a
meeting of the study commission, appear before the study
commission, or file a statement related to the purposes of this
Act with the study commission.
(e) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the study commission.
(f) Termination.--The study commission shall terminate 3 years
after the date of enactment of this Act. | Grant's Tomb National Monument Act of 1997 - Redesignates General Grant National Memorial located at Riverside Drive and West 122d Street, New York, New York, as Grant's Tomb National Monument. Directs the Secretary of the Interior to: (1) maintain and promote the Monument in accordance with provisions applicable to National Park System units; (2) construct a visitors center; and (3) acquire from New York City non-Federal lands located within the Monument.
Requires the Secretary to establish a study commission to: (1) review security and maintenance at the Monument; (2) plan for interpretive programs and the complete restoration of the Monument; (3) monitor and report to the Secretary and the Congress on the progress of repairs to the tomb; and (4) report to the Secretary who must report to the Congress a final plan for projects to be fully completed by April 27, 1999. | {"src": "billsum_train", "title": "Grant's Tomb National Monument Act of 1997"} | 1,867 | 184 | 0.66519 | 1.907706 | 0.688954 | 3.516854 | 9.561798 | 0.94382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palestinian Peace Promotion and
Anti-Incitement Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Palestinian Authority has not fully lived up to its
prior agreements with Israel to end incitement; and
(2) the Palestinian Authority should do more to prepare the
Palestinian people for peace with Israel.
SEC. 3. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
(a) In General.--Chapter 1 of part III of the Foreign Assistance
Act of 1961 (22 U.S.C. 2351 et seq.) is amended by adding at the end
the following:
``SEC. 620N. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
``(a) Limitation.--Funds made available under chapter 4 of part II
of this Act may be obligated or expended to provide assistance to the
Palestinian Authority only during a period for which a certification
described in subsection (b) or a recertification described in
subsection (c) is in effect.
``(b) Certification.--A certification described in this subsection
is a certification transmitted by the President to the appropriate
congressional committees that contains a determination of the President
that the Palestinian Authority--
``(1) no longer engages in a pattern of incitement against
the United States or Israel; and
``(2) is engaged in peace preparation activities aimed at
promoting peace with the Jewish State of Israel.
``(c) Recertifications.--Not later than 90 days after the date on
which the President transmits to the appropriate congressional
committees an initial certification under subsection (b), and every six
months thereafter--
``(1) the President shall transmit to the appropriate
congressional committees a recertification that the
requirements contained in subsection (b) are continuing to be
met; or
``(2) if the President is unable to make such a
recertification, the President shall transmit to the
appropriate congressional committees a report that contains the
reasons therefor.
``(d) Report.--
``(1) In general.--Whenever the President transmits a
certification under subsection (b) or a recertification under
subsection (c), the President shall submit to the appropriate
congressional committees a report that details the
justification for the certification or recertification, as the
case may be, the purposes for which the funds will be spent,
and the accounting procedures in place to ensure that the funds
are properly disbursed.
``(2) Additional matters.--Such report shall also detail
the steps the Palestinian Authority has taken to arrest
terrorists, confiscate weapons, and dismantle the terrorist
infrastructure.
``(e) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(2) Incitement.--The term `incitement' means--
``(A) statements, media, communication, or other
activities against any religion, ethnicity, or
nationality,
``(B) advocacy, endorsement, or glorification of
violence, martyrdom, or terrorism, or
``(C) endorsement, glorification, honor, or other
memorialization of any person or group that has
advocated, sponsored, or committed acts of terrorism,
including the naming after or dedication to such person
or group of any school, community center, camp,
stadium, public square, street, land, landmark,
waterway, or other facility,
that is sponsored, supported, or directed by officials or
employees of the Palestinian Authority or Palestinian
Authority-controlled, sponsored, or supported electronic,
broadcast, and print media, schools, mosques, or institutions.
``(3) Palestinian authority.--The term `Palestinian
Authority' means the interim Palestinian administrative
organization that governs part of the West Bank and all of the
Gaza Strip (or any successor Palestinian governing entity),
including the Palestinian Legislative Council.
``(4) Peace preparation activities.--The term `peace
preparation activities' means Arabic-language communications
and educational activities sponsored by the Palestinian
Authority that are communicated or administered via electronic,
broadcast and print media, schools, mosques, and statements by
government officials that may include the following:
``(A) Public acknowledgments of the State of
Israel's right to exist as a Jewish state.
``(B) Firm public commitments to and endorsements
of peaceful co-existence with the Jewish State of
Israel.
``(C) Production, distribution, and public display
via all media platforms, schools, mosques, educational
materials and elsewhere of maps that show the State of
Israel existing as `Israel' side-by-side with
`Palestine' and halting all production, distribution,
or public display of maps that do not include a state
of Israel.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of the enactment of this Act and applies with
respect to funds made available under the Foreign Assistance Act of
1961 for fiscal year 2014 and subsequent fiscal years. | Palestinian Peace Promotion and Ant-Incitement Act - Expresses the sense of Congress that the Palestinian Authority (PA) has not lived up to its agreements with Israel to end incitement and should do more to prepare the Palestinian people for peace with Israel. Amends the Foreign Assistance Act of 1961 to make funds available for the PA only during a period for which a certification or a recertification is in effect that contains a determination by the President that the PA: (1) no longer engages in a pattern of incitement against the United States or Israel, and (2) is engaged in activities aimed at promoting peace with the Jewish State of Israel. Requires that: (1) recertifications with related reports be made every six months and transmitted to Congress; and (2) if unable to make such a recertification, the President report the reasons to Congress. | {"src": "billsum_train", "title": "Palestinian Peace Promotion and Anti-Incitement Act"} | 1,169 | 191 | 0.705167 | 2.05954 | 0.831854 | 4.481707 | 6.457317 | 0.932927 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Appalachian Regional Development Act
Amendments of 2006''.
SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION
CONTRIBUTION.
(a) Grants and Other Assistance.--Section 14321(a) of title 40,
United States Code, is amended--
(1) in paragraph (1)(A), by striking clause (i) and
inserting the following:
``(i) the amount of the grant shall not
exceed--
``(I) 50 percent of administrative
expenses;
``(II) at the discretion of the
Commission, if the grant is to a local
development district that has a charter
or authority that includes the economic
development of a county or a part of a
county for which a distressed county
designation is in effect under section
14526, 75 percent of administrative
expenses; or
``(III) at the discretion of the
Commission, if the grant is to a local
development district that has a charter
or authority that includes the economic
development of a county or a part of a
county for which an at-risk county
designation is in effect under section
14526, 70 percent of administrative
expenses;''; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), of the cost of any activity eligible
for financial assistance under this section, not more
than--
``(i) 50 percent may be provided from
amounts appropriated to carry out this
subtitle;
``(ii) in the case of a project to be
carried out in a county for which a distressed
county designation is in effect under section
14526, 80 percent may be provided from amounts
appropriated to carry out this subtitle; or
``(iii) in the case of a project to be
carried out in a county for which an at-risk
county designation is in effect under section
14526, 70 percent may be provided from amounts
appropriated to carry out this subtitle.''.
(b) Demonstration Health Projects.--Section 14502 of title 40,
United States Code, is amended--
(1) in subsection (d), by striking paragraph (2) and
inserting the following:
``(2) Limitation on available amounts.--Grants under this
section for the operation (including initial operating amounts
and operating deficits, which include the cost of attracting,
training, and retaining qualified personnel) of a demonstration
health project, whether or not constructed with amounts
authorized by this section, may be made for up to--
``(A) 50 percent of the cost of that operation;
``(B) in the case of a project to be carried out in
a county for which a distressed county designation is
in effect under section 14526, 80 percent of the cost
of that operation; or
``(C) in the case of a project to be carried out
for a county for which an at-risk county designation is
in effect under section 14526, 70 percent of the cost
of that operation.''; and
(2) in subsection (f), by adding at the end the following:
``(3) At-risk counties.--The maximum Commission
contribution for a project to be carried out in a county for
which an at-risk county designation is in effect under section
14526 may be increased to the lesser of--
``(A) 70 percent; or
``(B) the maximum Federal contribution percentage
authorized by this section.''.
(c) Assistance for Proposed Low- and Middle-Income Housing
Projects.--Section 14503 of title 40, United States Code, is amended--
(1) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Limitation on available amounts.--A loan under
subsection (b) for the cost of planning and obtaining financing
(including the cost of preliminary surveys and analyses of
market needs, preliminary site engineering and architectural
fees, site options, application and mortgage commitment fees,
legal fees, and construction loan fees and discounts) of a
project described in that subsection may be made for up to--
``(A) 50 percent of that cost;
``(B) in the case of a project to be carried out in
a county for which a distressed county designation is
in effect under section 14526, 80 percent of that cost;
or
``(C) in the case of a project to be carried out
for a county for which an at-risk county designation is
in effect under section 14526, 70 percent of that
cost.''; and
(2) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) In general.--A grant under this section for expenses
incidental to planning and obtaining financing for a project
under this section that the Secretary considers to be
unrecoverable from the proceeds of a permanent loan made to
finance the project shall--
``(A) not be made to an organization established
for profit; and
``(B) except as provided in paragraph (2), not
exceed--
``(i) 50 percent of those expenses;
``(ii) in the case of a project to be
carried out in a county for which a distressed
county designation is in effect under section
14526, 80 percent of those expenses; or
``(iii) in the case of a project to be
carried out in a county for which an at-risk
county designation is in effect under section
14526, 70 percent of those expenses.''.
(d) Telecommunications and Technology Initiative.--Section 14504 of
title 40, United States Code, is amended by striking subsection (b) and
inserting the following:
``(b) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated
to carry out this section;
``(2) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, 80 percent may be provided from amounts
appropriated to carry out this section; or
``(3) in the case of a project to be carried out in a
county for which an at-risk county designation is in effect
under section 14526, 70 percent may be provided from amounts
appropriated to carry out this section.''.
(e) Entrepreneurship Initiative.--Section 14505 of title 40, United
States Code, is amended by striking subsection (c) and inserting the
following:
``(c) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated
to carry out this section;
``(2) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, 80 percent may be provided from amounts
appropriated to carry out this section; or
``(3) in the case of a project to be carried out in a
county for which an at-risk county designation is in effect
under section 14526, 70 percent may be provided from amounts
appropriated to carry out this section.''.
(f) Regional Skills Partnerships.--Section 14506 of title 40,
United States Code, is amended by striking subsection (d) and inserting
the following:
``(d) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated
to carry out this section;
``(2) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, 80 percent may be provided from amounts
appropriated to carry out this section; or
``(3) in the case of a project to be carried out in a
county for which an at-risk county designation is in effect
under section 14526, 70 percent may be provided from amounts
appropriated to carry out this section.''.
(g) Supplements to Federal Grant Programs.--Section 14507(g) of
title 40, United States Code, is amended by adding at the end the
following:
``(3) At-risk counties.--The maximum Commission
contribution for a project to be carried out in a county for
which an at-risk county designation is in effect under section
14526 may be increased to 70 percent.''.
SEC. 3. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES.
(a) Designation of At-Risk Counties.--Section 14526 of title 40,
United States Code, is amended--
(1) in the section heading, by inserting ``, at-risk,''
after ``Distressed''; and
(2) in subsection (a)(1) --
(A) by redesignating subparagraph (B) as
subparagraph (C);
(B) in subparagraph (A), by striking ``and'' at the
end; and
(C) by inserting after subparagraph (A) the
following:
``(B) designate as `at-risk counties' those
counties in the Appalachian region that are most at
risk of becoming economically distressed; and''.
(b) Conforming Amendment.--The analysis for chapter 145 of such
title is amended by striking the item relating to section 14526 and
inserting the following:
``14526. Distressed, at-risk, and economically strong counties.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 14703(a) of title 40, United States Code,
is amended to read as follows:
``(a) In General.--In addition to amounts made available under
section 14501, there are authorized to be appropriated to the
Appalachian Regional Commission to carry out this subtitle--
``(1) $95,200,000 for fiscal year 2007;
``(2) $98,600,000 for fiscal year 2008;
``(3) $102,000,000 for fiscal year 2009;
``(4) $105,700,000 for fiscal year 2010; and
``(5) $109,400,000 for fiscal year 2011.''.
(b) Allocation of Funds.--Section 14703 of such title is amended by
adding at the end the following:
``(d) Allocation of Funds.--Funds approved by the Commission for a
project in an Appalachian State pursuant to congressional direction
shall be derived from such State's portion of the Commission's
allocation of appropriated amounts among the States.''.
SEC. 5. TERMINATION.
Section 14704 of title 40, United States Code, is amended by
striking ``2006'' and inserting ``2011''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act take effect on October 1, 2006. | Appalachian Regional Development Act Amendments of 2006 - Limits the maximum Appalachian Regional Commission non-highway grant amount for designated at-risk counties to 70%.
Directs the Commission to designate as "at-risk counties" those counties in the Appalachian region that are most at risk of becoming economically distressed.
Authorizes additional appropriations to the Commission through FY2011 to carry out Appalachian regional development.
Extends, for five years, the termination date of the Appalachian Regional Development Act of 1965 (with exceptions for the Appalachian development highway system and certain definitions). | {"src": "billsum_train", "title": "To reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965."} | 2,489 | 136 | 0.513442 | 1.269164 | 0.651889 | 2.537736 | 21.613208 | 0.801887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport and Airway Extension Act of
2010''.
SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the
Internal Revenue Code of 1986 is amended by striking ``April 30, 2010''
and inserting ``July 3, 2010''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``April 30,
2010'' and inserting ``July 3, 2010''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``April 30, 2010'' and inserting ``July
3, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on May 1, 2010.
SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``May 1, 2010'' and inserting ``July 4, 2010'';
and
(2) by inserting ``or the Airport and Airway Extension Act of
2010'' before the semicolon at the end of subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such
Code is amended by striking ``May 1, 2010'' and inserting ``July 4,
2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on May 1, 2010.
SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103(7) of title 49, United States
Code, is amended to read as follows:
``(7) $3,024,657,534 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
(2) Availability of amounts.--Sums made available pursuant to
the amendment made by paragraph (1) shall remain available until
expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United States
Code, for the period beginning on October 1, 2009, and ending on
July 3, 2010, the Administrator of the Federal Aviation
Administration shall--
(A) first calculate funding apportionments on an annualized
basis as if the total amount available under section 48103 of
such title for fiscal year 2010 were $4,000,000,000; and
(B) then reduce by 17 percent--
(i) all funding apportionments calculated under
subparagraph (A); and
(ii) amounts available pursuant to sections 47117(b)
and 47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of such title is
amended by striking ``April 30, 2010,'' and inserting ``July 3,
2010,''.
SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is amended
by striking ``May 1, 2010.'' and inserting ``July 4, 2010.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``April 30, 2010,'' and inserting ``July 3,
2010,''; and
(2) by striking ``July 31, 2010,'' and inserting ``September
30, 2010,''.
(c) Section 44303(b) of such title is amended by striking ``July
31, 2010,'' and inserting ``September 30, 2010,''.
(d) Section 47107(s)(3) of such title is amended by striking ``May
1, 2010.'' and inserting ``July 4, 2010.''.
(e) Section 47115(j) of such title is amended by striking ``May 1,
2010,'' and inserting ``July 4, 2010,''.
(f) Section 47141(f) of such title is amended by striking ``April
30, 2010.'' and inserting ``July 3, 2010.''.
(g) Section 49108 of such title is amended by striking ``April 30,
2010,'' and inserting ``July 3, 2010,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ``May
1, 2010,'' and inserting ``July 4, 2010,''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended by
striking ``May 1, 2010,'' and inserting ``July 4, 2010,''.
(j) The amendments made by this section shall take effect on May 1,
2010.
SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k)(1)(F) of title 49, United States Code, is amended to
read as follows:
``(F) $7,070,158,159 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a)(6) of title 49, United States Code, is amended to
read as follows:
``(6) $2,220,252,132 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(14) of title 49, United States Code, is amended to
read as follows:
``(14) $144,049,315 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Airport and Airway Extension Act of 2010 - Amends the Internal Revenue Code to extend through July 3, 2010: (1) increased excise taxes on aviation fuels and the excise tax on air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund.
Increases the authorization of appropriations for the period beginning on October 1, 2009, for airport planning and development and noise compatibility planning projects, and extends such authorization through July 3, 2010. Sets forth a formula for calculating funding apportionments of airport improvement program (AIP) projects by the Administrator of the Federal Aviation Administration (FAA). Extends through July 3, 2010, the authority of the Secretary of Transportation to make AIP project grants.
Extends through July 3, 2010: (1) the pilot program for passenger facility fee authorizations at nonhub airports; and (2) disclosure requirements for large and medium hub airports applying for AIP grants.
Directs the Secretary of Transportation to extend through July 3, 2010, the termination date of insurance coverage for domestic or foreign-flag aircraft, and grants the Secretary discretionary authority to further extend such coverage through September 30, 2010. Extends through September 30, 2010, the authority of the Secretary to limit air carrier liability for claims arising out of acts of terrorism.
Extends through July 3, 2010: (1) grant eligibility for airports located in the Marshall Islands, Micronesia, and Palau; (2) grants to state and local governments for land use compatibility projects under the AIP; and (3) authority for approving an application of the Metropolitan Washington Airports Authority for an airport development project grant or for permission to impose a passenger facility fee.
Amends the Vision 100--Century of Aviation Reauthorization Act to extend through July 3, 2010: (1) the temporary increase to 95% of the federal government's share of certain AIP project costs; and (2) funding for airport development at Midway Island Airport.
Extends through July 3, 2010, and increases for the period beginning on October 1, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) civil aviation research and development. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes."} | 1,441 | 465 | 0.598073 | 1.852917 | 0.724736 | 2.189931 | 2.782609 | 0.688787 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Enforcement and
Restitution Act of 2007''.
SEC. 2. CRIMINAL RESTITUTION.
Section 3663(b) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) in the case of an offense under sections 1028(a)(7)
or 1028A(a) of this title, pay an amount equal to the value of
the time reasonably spent by the victim in an attempt to
remediate the intended or actual harm incurred by the victim
from the offense.''.
SEC. 3. PREDICATE OFFENSES FOR AGGRAVATED IDENTITY THEFT AND MISUSE OF
IDENTIFYING INFORMATION OF ORGANIZATIONS.
(a) Identity Theft.--Section 1028 of title 18, United States Code,
is amended--
(1) in subsection (a)(7), by inserting ``(including an
organization as defined in section 18 of this title)'' after
``person''; and
(2) in subsection (d)(7), by inserting ``or other person''
after ``specific individual''.
(b) Aggravated Identity Theft.--Section 1028A of title 18, United
States Code, is amended--
(1) in subsection (a)(1), by inserting ``(including an
organization as defined in section 18 of this title)'' after
``person''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, or a conspiracy to commit such a felony
violation,'' after ``any offense that is a felony
violation'';
(B) by redesignating--
(i) paragraph (11) as paragraph (14);
(ii) paragraphs (8) through (10) as
paragraphs (10) through (12), respectively; and
(iii) paragraphs (1) through (7) as
paragraphs (2) through (8), respectively;
(C) by inserting prior to paragraph (2), as so
redesignated, the following:
``(1) section 513 (relating to making, uttering, or
possessing counterfeited securities);'';
(D) by inserting after paragraph (8), as so
redesignated, the following:
``(9) section 1708 (relating to mail theft);'';
(E) in paragraph (12), as so redesignated, by
striking ``; or'' and inserting a semicolon; and
(F) by inserting after paragraph (12), as so
redesignated, the following:
``(13) section 7201, 7206, or 7207 of title 26 (relating to
tax fraud); or''.
SEC. 4. ENSURING JURISDICTION OVER THE THEFT OF SENSITIVE IDENTITY
INFORMATION.
Section 1030(a)(2)(C) of title 18, United States Code, is amended
by striking ``if the conduct involved an interstate or foreign
communication''.
SEC. 5. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS.
(a) In General.--Section 1030 of title 18, United States Code, is
amended--
(1) in subsection (a)(5)--
(A) by striking subparagraph (B); and
(B) in subparagraph (A)--
(i) by striking ``(A)(i) knowingly'' and
inserting ``(A) knowingly'';
(ii) by redesignating clauses (ii) and
(iii) as subparagraphs (B) and (C),
respectively; and
(iii) in subparagraph (C), as so
redesignated--
(I) by inserting ``and loss'' after
``damage''; and
(II) by striking ``; and'' and
inserting a period;
(2) in subsection (c)--
(A) in paragraph (2)(A), by striking
``(a)(5)(A)(iii),'';
(B) in paragraph (3)(B), by striking
``(a)(5)(A)(iii),'';
(C) by amending paragraph (4) to read as follows:
``(4)(A) except as provided in subparagraphs (E) and (F), a
fine under this title, imprisonment for not more than 5 years,
or both, in the case of--
``(i) an offense under subsection (a)(5)(B), which
does not occur after a conviction for another offense
under this section, if the offense caused (or, in the
case of an attempted offense, would, if completed, have
caused)--
``(I) loss to 1 or more persons during any
1-year period (and, for purposes of an
investigation, prosecution, or other proceeding
brought by the United States only, loss
resulting from a related course of conduct
affecting 1 or more other protected computers)
aggregating at least $5,000 in value;
``(II) the modification or impairment, or
potential modification or impairment, of the
medical examination, diagnosis, treatment, or
care of 1 or more individuals;
``(III) physical injury to any person;
``(IV) a threat to public health or safety;
``(V) damage affecting a computer used by
or for an entity of the United States
Government in furtherance of the administration
of justice, national defense, or national
security; or
``(VI) damage affecting 10 or more
protected computers during any 1-year period;
or
``(ii) an attempt to commit an offense punishable
under this subparagraph;
``(B) except as provided in subparagraphs (E) and (F), a
fine under this title, imprisonment for not more than 10 years,
or both, in the case of--
``(i) an offense under subsection (a)(5)(A), which
does not occur after a conviction for another offense
under this section, if the offense caused (or, in the
case of an attempted offense, would, if completed, have
caused) a harm provided in subclauses (I) through (VI)
of subparagraph (A)(i); or
``(ii) an attempt to commit an offense punishable
under this subparagraph;
``(C) except as provided in subparagraphs (E) and (F), a
fine under this title, imprisonment for not more than 20 years,
or both, in the case of--
``(i) an offense or an attempt to commit an offense
under subparagraphs (A) or (B) of subsection (a)(5)
that occurs after a conviction for another offense
under this section; or
``(ii) an attempt to commit an offense punishable
under this subparagraph;
``(D) a fine under this title, imprisonment for not more
than 10 years, or both, in the case of--
``(i) an offense or an attempt to commit an offense
under subsection (a)(5)(C) that occurs after a
conviction for another offense under this section; or
``(ii) an attempt to commit an offense punishable
under this subparagraph;
``(E) if the offender attempts to cause or knowingly or
recklessly causes serious bodily injury from conduct in
violation of subsection (a)(5)(A), a fine under this title,
imprisonment for not more than 20 years, or both;
``(F) if the offender attempts to cause or knowingly or
recklessly causes death from conduct in violation of subsection
(a)(5)(A), a fine under this title, imprisonment for any term
of years or for life, or both; or
``(G) a fine under this title, imprisonment for not more
than 1 year, or both, for--
``(i) any other offense under subsection (a)(5); or
``(ii) an attempt to commit an offense punishable
under this subparagraph.''; and
(D) by striking paragraph (5); and
(3) in subsection (g)--
(A) in the second sentence, by striking ``in
clauses (i), (ii), (iii), (iv), or (v) of subsection
(a)(5)(B)'' and inserting ``in subclauses (I), (II),
(III), (IV), or (V) of subsection (c)(4)(A)(i)''; and
(B) in the third sentence, by striking ``subsection
(a)(5)(B)(i)'' and inserting ``subsection
(c)(4)(A)(i)(I)''.
(b) Conforming Changes.--Section 2332b(g)(5)(B)(i) of title 18,
United States Code, is amended by striking ``1030(a)(5)(A)(i) resulting
in damage as defined in 1030(a)(5)(B)(ii) through (v)'' and inserting
``1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II)
through (VI)''.
SEC. 6. CYBER-EXTORTION.
Section 1030(a)(7) of title 18, United States Code, is amended to
read as follows:
``(7) with intent to extort from any person any money or
other thing of value, transmits in interstate or foreign
commerce any communication containing any--
``(A) threat to cause damage to a protected
computer;
``(B) threat to obtain information from a protected
computer without authorization or in excess of
authorization or to impair the confidentiality of
information obtained from a protected computer without
authorization or by exceeding authorized access; or
``(C) demand or request for money or other thing of
value in relation to damage to a protected computer,
where such damage was caused to facilitate the
extortion;''.
SEC. 7. CONSPIRACY TO COMMIT CYBER-CRIMES.
Section 1030(b) of title 18, United States Code, is amended by
inserting ``conspires to commit or'' after ``Whoever''.
SEC. 8. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL
PENALTIES.
Section 1030(e)(2)(B) of title 18, United States Code, is amended
by inserting ``or affecting'' after ``which is used in''.
SEC. 9. FORFEITURE FOR SECTION 1030 VIOLATIONS.
Section 1030 of title 18, United States Code, is amended by adding
at the end the following:
``(i)(1) The court, in imposing sentence on any person convicted of
a violation of this section, or convicted of conspiracy to violate this
section, shall order, in addition to any other sentence imposed and
irrespective of any provision of State law, that such person forfeit to
the United States--
``(A) such person's interest in any personal property that
was used or intended to be used to commit or to facilitate the
commission of such violation; and
``(B) any property, real or personal, constituting or
derived from, any proceeds that such person obtained, directly
or indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this subsection,
any seizure and disposition thereof, and any judicial proceeding in
relation thereto, shall be governed by the provisions of section 413 of
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), except subsection (d) of that section.
``(j) For purposes of subsection (i), the following shall be
subject to forfeiture to the United States and no property right shall
exist in them:
``(1) Any personal property used or intended to be used to
commit or to facilitate the commission of any violation of this
section, or a conspiracy to violate this section.
``(2) Any property, real or personal, which constitutes or
is derived from proceeds traceable to any violation of this
section, or a conspiracy to violate this section''.
SEC. 10. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.
(a) Directive.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review its guidelines and
policy statements applicable to persons convicted of offenses under
sections 1028, 1028A, 1030, 2511, and 2701 of title 18, United States
Code, and any other relevant provisions of law, in order to reflect the
intent of Congress that such penalties be increased in comparison to
those currently provided by such guidelines and policy statements.
(b) Requirements.--In determining its guidelines and policy
statements on the appropriate sentence for the crimes enumerated in
subsection (a), the United States Sentencing Commission shall consider
the extent to which the guidelines and policy statements may or may not
account for the following factors in order to create an effective
deterrent to computer crime and the theft or misuse of personally
identifiable data:
(1) The level of sophistication and planning involved in
such offense.
(2) Whether such offense was committed for purpose of
commercial advantage or private financial benefit.
(3) The potential and actual loss resulting from the
offense including--
(A) the value of information obtained from a
protected computer, regardless of whether the owner was
deprived of use of the information; and
(B) where the information obtained constitutes a
trade secret or other proprietary information, the cost
the victim incurred developing or compiling the
information.
(4) Whether the defendant acted with intent to cause either
physical or property harm in committing the offense.
(5) The extent to which the offense violated the privacy
rights of individuals.
(6) The effect of the offense upon the operations of an
agency of the United States Government, or of a State or local
government.
(7) Whether the offense involved a computer used by the
United States Government, a State, or a local government in
furtherance of national defense, national security, or the
administration of justice.
(8) Whether the offense was intended to, or had the effect
of, significantly interfering with or disrupting a critical
infrastructure.
(9) Whether the offense was intended to, or had the effect
of, creating a threat to public health or safety, causing
injury to any person, or causing death.
(10) Whether the defendant purposefully involved a juvenile
in the commission of the offense.
(11) Whether the defendant's intent to cause damage or
intent to obtain personal information should be disaggregated
and considered separately from the other factors set forth in
USSG 2B1.1(b)(14).
(12) Whether the term ``victim'' as used in USSG 2B1.1,
should include individuals whose privacy was violated as a
result of the offense in addition to individuals who suffered
monetary harm as a result of the offense.
(13) Whether the defendant disclosed personal information
obtained during the commission of the offense.
(c) Additional Requirements.--In carrying out this section, the
United States Sentencing Commission shall--
(1) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(2) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(3) make any conforming changes to the sentencing
guidelines; and
(4) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
Passed the Senate November 15, 2007.
Attest:
NANCY ERICKSON,
Secretary. | Identity Theft Enforcement and Restitution Act of 2007 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) expand identity theft and aggravated identity theft crimes to include offenses against organizations (currently, only natural persons are protected); (3) include conspiracy to commit a felony within the definition of "felony violation" for purposes of aggravated identity theft crimes; (4) include making, uttering, or possessing counterfeited securities, mail theft, and tax fraud as predicate offenses for aggravated identity theft; (5) enable prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (6) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (7) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution; (8) expand the definition of "cyber-extortion" to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; (9) prohibit conspiracies to commit computer fraud; (10) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and (11) impose criminal and civil forfeitures of property used to commit computer fraud offenses.
Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect increased penalties for such offenses. Sets forth criteria for updating such guidelines and policy statements. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to enable increased federal prosecution of identity theft crimes and to allow for restitution to victims of identity theft."} | 3,540 | 393 | 0.506026 | 1.529978 | 0.750077 | 2.372781 | 9.482249 | 0.863905 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Internet Gambling
Regulation and Tax Enforcement Act of 2009''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment is expressed in terms of an
amendment of a section or other provision, the reference shall be
considered to be made to a section or other provision of the Internal
Revenue Code of 1986.
SEC. 2. TAX ON INTERNET GAMBLING; LICENSEE INFORMATION REPORTING.
(a) In General.--Chapter 36 (relating to certain other excise
taxes) is amended by adding at the end the following new subchapter:
``Subchapter E--Internet Gambling
``Sec. 4491. Imposition of Internet gambling license fee.
``Sec. 4492. Record requirements.
``SEC. 4491. IMPOSITION OF INTERNET GAMBLING LICENSE FEE.
``(a) Federal Fee.--Each licensee within the meaning of section
5382 of title 31, United States Code, shall be required to pay an
Internet gambling license fee by the end of each calendar month in an
amount equal to two percent of all funds deposited by customers during
the preceding month into an account maintained by that licensee or any
agent of that licensee that can be used for the purpose of placing a
bet or wager as defined in section 5362(1) of title 31, United States
Code.
``(b) Deposits.--Deposits made by or on behalf of a licensee of
Internet gambling winnings or returns of funds by or on behalf of a
licensee to the account of a customer shall not be treated as a deposit
for purposes of this section.
``(c) Persons Liable for Fee.--The Internet gambling license fee
shall be the direct and exclusive obligation of the Internet gambling
operator and may not be deducted from the amounts available as deposits
to the person placing a bet. Notwithstanding the foregoing, any person
making a deposit for the purpose of placing a bet or wager with a
person who is required but has failed to obtain a license pursuant to
subchapter V of chapter 53 of title 31, United States Code, shall be
liable for and pay the fee under this subchapter on all such deposits,
but such liability shall not excuse any failure to pay the fee on the
part of the person who is required but has failed to obtain such
license.
``(d) Unauthorized Bets or Wagers.--There is hereby imposed a fee
in an amount equal to 50 percent of all funds deposited into an account
that can be used for placing a bet or wager within the meaning of
Section 5362(1) of title 31, United States Code, with any person that
is not authorized pursuant to section 5382 of that title. Such tax is
due by the end of each calendar month with respect to deposits during
the preceding month.
``(e) Disposition.--Amounts paid as Internet gambling license fees
or on unauthorized bets or wagers under this section shall be deposited
in the general fund of the Treasury and treated as revenue.
``(f) Administrative Provisions.--Except to the extent the
Secretary shall by regulations prescribe, the fees imposed by this
section shall be subject to the administrative provisions of this title
applicable to excise taxes imposed by chapter 35.
``SEC. 4492. RECORD REQUIREMENTS.
``Each person liable for fees under this subchapter, except for a
person making a deposit who is liable for fees pursuant to section
4491(e), shall keep a daily record showing deposits as defined in this
subchapter, in addition to all other records required pursuant to
section 6001(a).''.
(b) Information Returns.--Subpart A of part III of subchapter A of
chapter 61 (relating to information concerning persons subject to
special provisions) is amended by adding at the end the following new
section:
``SEC. 6050X. RETURNS RELATING TO INTERNET GAMBLING.
``(a) Requirement.--Every person who is a licensee (within the
meaning of section 5382(3) of title 31, United States Code) or who
otherwise is engaged in the business of accepting any bet or wager
within the meaning of section 5362(1) of title 31, United States Code,
during a taxable year shall furnish, at such time and in such manner as
the Secretary shall by regulations prescribe, the information described
in subsection (b), and such person shall maintain (in the location, in
the manner, and to the extent prescribed in regulations) such records
as may be appropriate to the information described in subsection (b).
``(b) Required Information.--For purposes of subsection (a), the
information described is set forth below, which information may be
modified as appropriate by the Secretary through regulation--
``(1) the name, address, and TIN of the licensee or other
person engaged in the business of accepting any bet or wager,
``(2) the name, address, and TIN of each person placing a
bet or wager with the licensee or other person engaged in the
business of accepting any bet or wager during the calendar
year,
``(3) the gross winnings, gross wagers, and gross losses
for the calendar year of each person placing a bet or wager
with the licensee or other person engaged in the business of
accepting any bet or wager during the year,
``(4) the net Internet gambling winnings for each such
person for the calendar year,
``(5) the amount of tax withheld with respect to each such
person for the calendar year,
``(6) beginning and end-of-year account balances for each
such person for the calendar year, and
``(7) amounts deposited and withdrawn by each such person
during the calendar year.
``(c) Statement To Be Furnished to Persons With Respect to Whom
Information Is Required.--Every person required to make a return under
subsection (a) shall furnish to each person whose name is required to
be set forth in such return by reason of placing a bet or wager a
written statement showing--
``(1) the name, address, and phone number of the
information contact of the person required to make such return,
and
``(2) the information required to be shown on such return
with respect to each person whose name is required to be set
forth in such return.
The written statement required under the preceding sentence shall be
furnished to the person on or before January 31 of the year following
the calendar year for which the return under subsection (a) was
required to be made.
``(d) Definitions.--
``(1) Net internet gambling winnings.--The term `net
Internet gambling winnings' means gross winnings from wagers
placed over the Internet with a person required to be licensed
under section 5382 of chapter 53 of title 31, United States
Code, less the amounts wagered.
``(2) Internet; wager.--The terms `Internet' and `wager'
shall have the respective meanings given such terms by section
5362 of chapter 53 of title 31, United States Code.''.
(c) Clerical Amendments.--
(1) The table of subchapters for chapter 36 is amended by
adding at the end the following new item:
``subchapter e. internet gambling.''.
(2) The table of sections for subpart B of part III of
subchapter A of chapter 61 is amended by inserting after the
item relating to section 6050W the following new item:
``Sec. 6050X. Returns relating to Internet gambling.''.
(d) Effective Date.--The amendments made by this section shall
apply to bets or wagers placed after the date of the enactment of this
Act.
SEC. 3. WITHHOLDING FROM CERTAIN GAMBLING WINNINGS.
(a) Net Internet Gambling Winnings.--Paragraph (3) of section
3406(b) (relating to other reportable payments for purposes of backup
withholding) is amended--
(1) by striking ``or'' in subparagraph (E);
(2) by striking ``.'' and inserting ``, or'' at the end of
subparagraph (F); and
(3) by adding at the end thereof the following new
subparagraph:
``(G) section 6050X(b)(4) (relating to net Internet
gambling winnings).''.
(b) Effective Date.--The amendment made by this section shall apply
to bets or wagers placed after the date of the enactment of this Act.
SEC. 4. WITHHOLDING OF TAX ON NONRESIDENT ALIENS.
(a) Tax on Nonresident Alien Individuals.--Paragraph (1) of section
871(a) (relating to income not connected with United States business)
is amended--
(1) by striking ``and'' at the end of subparagraph (C),
(2) by inserting ``and'' at the end of subparagraph (D),
and
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) the gross amount of winnings from each wager
placed over the Internet with a person required to be
licensed under section 5382 of chapter 53 of title 31,
United States Code (as such terms are defined in
section 6050X(d)(2)),''.
(b) Exemption for Certain Gambling Winnings.--Section 871(j)
(relating to exemption for certain gambling winnings) is amended by
inserting before the period at the end the following: ``or to any bets
or wagers placed over the Internet (as such terms are defined in
section 6050X(d)(2))''.
(c) Withholding of Tax on Nonresident Alien Individuals.--The first
sentence of subsection (b) of section 1441 (relating to withholding of
tax on nonresident aliens) is amended by inserting after ``gains
subject to tax under section 871(a)(1)(D),'' the following: ``the gross
amount of winnings from wagers placed over the Internet described in
section 871(a)(1)(E),''.
(d) Source of Internet Gambling Winnings.--Subsection (a) of
section 861 is amending by inserting at the end thereof the following
new paragraph:
``(9) Internet gambling winnings.--Any Internet gambling
winnings received from a licensee within the meaning of section
5382(3) of title 31, United States Code.''.
(e) Effective Date.--The amendments made by this section shall
apply to bets or wagers placed after the date of the enactment of this
Act.
SEC. 5. TERRITORIAL EXTENT.
Paragraph (2) of section 4404 is amended to read as follows:
``(2) placed within the United States or any Commonwealth,
territory, or possession thereof by a United States citizen or
resident.''. | Internet Gambling Regulation and Tax Enforcement Act of 2009 - Amends the Internal Revenue Code to: (1) impose an Internet gambling license fee on Internet gambling operators and an additional tax on unauthorized bets or wagers; (2) require such operators to file informational returns identifying themselves and the individuals placing bets or wagers with them; (3) require withholding of tax on net Internet gambling winnings and on the winnings of nonresident aliens; and (4) extend the excise tax on wagers to include wagers placed within the United States or any commonwealth, territory, or possession by a U.S. citizen or resident. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to regulate and tax Internet gambling."} | 2,475 | 139 | 0.499623 | 1.35485 | 0.649665 | 2.756522 | 18.913043 | 0.86087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in the Courtroom Act of
2007''.
SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.
(a) Definitions.--In this section:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than 1 judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except that--
(A) in en banc sittings of any United States
circuit court of appeals, the presiding judge shall be
the chief judge of the circuit whenever the chief judge
participates; and
(B) in en banc sittings of the Supreme Court of the
United States, the presiding judge shall be the Chief
Justice whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
(b) Authority of Presiding Judge To Allow Media Coverage of Court
Proceedings.--
(1) Authority of appellate courts.--
(A) In general.--Except as provided under
subparagraph (B), the presiding judge of an appellate
court of the United States may, at the discretion of
that judge, permit the photographing, electronic
recording, broadcasting, or televising to the public of
any court proceeding over which that judge presides.
(B) Exception.--The presiding judge shall not
permit any action under subparagraph (A), if--
(i) in the case of a proceeding involving
only the presiding judge, that judge determines
the action would constitute a violation of the
due process rights of any party; or
(ii) in the case of a proceeding involving
the participation of more than 1 judge, a
majority of the judges participating determine
that the action would constitute a violation of
the due process rights of any party.
(2) Authority of district courts.--
(A) In general.--
(i) Authority.--Notwithstanding any other
provision of law, except as provided under
clause (iii), the presiding judge of a district
court of the United States may, at the
discretion of that judge, permit the
photographing, electronic recording,
broadcasting, or televising to the public of
any court proceeding over which that judge
presides.
(ii) Obscuring of witnesses.--Except as
provided under clause (iii)--
(I) upon the request of any witness
(other than a party) in a trial
proceeding, the court shall order the
face and voice of the witness to be
disguised or otherwise obscured in such
manner as to render the witness
unrecognizable to the broadcast
audience of the trial proceeding; and
(II) the presiding judge in a trial
proceeding shall inform each witness
who is not a party that the witness has
the right to request the image and
voice of that witness to be obscured
during the witness' testimony.
(iii) Exception.--The presiding judge shall
not permit any action under this subparagraph,
if that judge determines the action would
constitute a violation of the due process
rights of any party.
(B) No televising of jurors.--The presiding judge
shall not permit the televising of any juror in a trial
proceeding.
(3) Advisory guidelines.--The Judicial Conference of the
United States may promulgate advisory guidelines to which a
presiding judge, at the discretion of that judge, may refer in
making decisions with respect to the management and
administration of photographing, recording, broadcasting, or
televising described under paragraphs (1) and (2).
(4) Sunset of district court authority.--The authority
under paragraph (2) shall terminate 3 years after the date of
the enactment of this Act. | Sunshine in the Courtroom Act of 2007 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides except when such action would constitute a violation of the due process rights of any party.
Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request.
Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act. | {"src": "billsum_train", "title": "To provide for media coverage of Federal court proceedings."} | 903 | 227 | 0.617502 | 1.927969 | 0.833973 | 4.562162 | 4.275676 | 0.951351 |
SECTION 1. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND
STATISTICS.
(a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the
Safe and Drug-Free Schools and Communities Act (20 U.S.C.
7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and
harassment,'' after ``violence''.
(b) State Application.--Section 4113(a) of such Act (20 U.S.C.
7113(a)) is amended--
(1) in paragraph (9)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(E) the incidence and prevalence of reported
incidents of bullying and harassment; and
``(F) the perception of students regarding their
school environment, including with respect to the
prevalence and seriousness of incidents of bullying and
harassment and the responsiveness of the school to
those incidents;'';
(2) in paragraph (18), by striking ``and'' at the end;
(3) in paragraph (19), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(20) provides an assurance that the State educational
agency will provide assistance to districts and schools in
their efforts to prevent and appropriately respond to incidents
of bullying and harassment and describes how the agency will
meet this requirement.''.
(c) Local Educational Agency Program Application.--Section 4114(d)
of such Act (20 U.S.C. 7114(d)) is amended--
(1) in paragraph (2)(B)(i)--
(A) in the matter preceding subclause (I), by
striking the semicolon and inserting a comma;
(B) in subclause (I), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(III) performance indicators for
bullying and harassment prevention
programs and activities; and''; and
(2) in paragraph (7)--
(A) in subparagraph (A), by inserting ``, including
bullying and harassment'' after ``disorderly conduct'';
(B) in subparagraph (D), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(F) annual notice to parents and students
describing the full range of prohibited conduct
contained in the discipline policies described in
subparagraph (A); and
``(G) complaint procedures for students or parents
that seek to register complaints regarding the
prohibited conduct contained in the discipline policies
described in subparagraph (A), including--
``(i) the name of the school or district
officials who are designated as responsible for
receiving such complaints; and
``(ii) timelines that the school or
district will follow in the resolution of such
complaints;''.
(d) Authorized Activities.--Section 4115(b)(2) of such Act (20
U.S.C. 7115(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(viii) teach students about the
consequences of bullying and harassment.''; and
(2) in subparagraph (E), by adding at the end the
following:
``(xxiii) Programs that address the causes
of bullying and harassment and that train
teachers, administrators, and counselors
regarding strategies to prevent bullying and
harassment and to effectively intervene when
such incidents occur.''.
(e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C.
7116(a)(2)(B)) is amended by inserting ``, including bullying and
harassment,'' after ``drug use and violence''.
(f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132)
is amended--
(1) in subsection (a)(2), by striking ``and school
violence'' and inserting ``school violence, including bullying
and harassment,''; and
(2) in the first sentence of subsection (b), by inserting
``, including bullying and harassment,'' after ``drug use and
violence''.
(g) Definitions.--
(1) Drug and violence prevention.--Paragraph (3)(B) of
section 4151 of such Act (20 U.S.C. 7151) is amended by
inserting ``, bullying, and other harassment'' after ``sexual
harassment and abuse''.
(2) Protective factor, buffer, or asset.--Paragraph (6) of
such section is amended by inserting ``, including bullying and
harassment'' after ``violent behavior''.
(3) Risk factor.--Paragraph (7) of such section is amended
by inserting ``, including bullying and harassment'' after
``violent behavior''.
(4) Bullying, harassment, and violence.--Such section is
further amended by adding at the end the following:
``(12) Bullying.--The term `bullying' means conduct,
including conduct that is based on a student's actual or
perceived identity with regard to race, color, national origin,
gender, disability, sexual orientation, religion, or any other
distinguishing characteristics that may be defined by a State
or local educational agency, that--
``(A) is directed at one or more students;
``(B) substantially interferes with educational
opportunities or educational programs of such students;
and
``(C) adversely affects the ability of a student to
participate in or benefit from the school's educational
programs or activities by placing a student in
reasonable fear of physical harm.
``(13) Harassment.--The term `harassment' means conduct,
including conduct that is based on a student's actual or
perceived identity with regard to race, color, national origin,
gender, disability, sexual orientation, religion, or any other
distinguishing characteristics that may be defined by a State
or local educational agency, that--
``(A) is directed at one or more students;
``(B) substantially interferes with educational
opportunities or educational programs of such students;
and
``(C) adversely affects the ability of a student to
participate in or benefit from the school's educational
programs or activities because the conduct as
reasonably perceived by the student is so severe,
pervasive, and objectively offensive.
``(14) Violence.--The term `violence' includes bullying and
harassment.''.
(h) Effect on Other Laws.--
(1) Amendment.--The Safe and Drug-Free Schools and
Communities Act (20 U.S.C. 7101 et seq.) is amended by adding
at the end the following:
``SEC. 4156. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to alter legal standards regarding, or limit
rights available to victims of, bullying or harassment under other
Federal or State laws, including title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
available to individuals under, other Federal laws that establish
protections for freedom of speech and expression.''.
(2) Clerical amendment.--The table of contents of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding after the item relating to
section 4155 the following:
``Sec. 4156. Effect on other laws.''. | Amends the Safe and Drug-Free Schools and Communities Act to: (1) include bullying and harassment under the definition of violence; and (2) provide for programs to address and prevent bullying and harassment. | {"src": "billsum_train", "title": "To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs."} | 1,887 | 40 | 0.567014 | 1.306623 | 0.630923 | 3.365854 | 40.121951 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware and Lehigh National
Heritage Corridor Act Amendments of 1997''.
SEC. 2. NAME CHANGE.
The Delaware and Lehigh Navigation Canal National Heritage Corridor
Act of 1988 (Public Law 200-692; 102 Stat. 4552) is amended by striking
``Delaware and Lehigh Navigation Canal National Heritage Corridor''
each place it appears (except section 4(a)) and inserting ``Delaware
and Lehigh National Heritage Corridor''.
SEC. 3. PURPOSE.
Section 3(b) of the Delaware and Lehigh National Heritage Corridor
Act of 1988 (Public Law 100-692; 102 Stat. 4552) is amended--
(1) by inserting after ``subdivisions'' the following: ``in
enhancing economic development within the context of
preservation and''; and
(2) by striking ``and surrounding the Delaware and Lehigh
Navigation Canal in the Commonwealth'' and inserting ``the
Corridor''.
SEC. 4. CORRIDOR COMMISSION.
(a) Membership.--Section 5(b) of the Delaware and Lehigh National
Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4553) is
amended--
(1) in the matter preceding paragraph (1), by striking
``appointed not later than 6 months after the date of enactment
of this Act'';
(2) by striking paragraph (2) and inserting the following:
``(2) 3 individuals, of whom--
``(A) 1 shall be the Director of the Pennsylvania
Department of Conservation and Natural Resources;
``(B) 1 shall be the Director of the Pennsylvania
Department of Community and Economic Development; and
``(C) 1 shall be the Chairperson of the
Pennsylvania Historical and Museum Commission.'';
(3) in paragraph (3), by striking ``recommendations from
the Governor, of whom'' and all that follows through ``Delaware
Canal region'' and inserting the following: ``nominations from
the Governor, of whom--
``(A) 1 shall represent a city, 1 shall represent a
borough and 1 shall represent a township; and
``(B) 1 shall represent each of the 5 counties of
Luzerne, Carbon, Lehigh, Northampton, and Bucks in
Pennsylvania''; and
(4) in paragraph (4)--
(A) by striking ``8 individuals'' and inserting ``9
individuals''; and
(B) by striking ``recommendations from the
Governor, who shall have'' and all that follows through
``Canal region. A vacancy'' and inserting the
following: ``nominations from the Governor, of whom--
``(A) 3 shall represent the northern region of the
Corridor;
``(B) 3 shall represent the middle region of the
Corridor; and
``(C) 3 shall represent the southern region of the
Corridor.
A vacancy''.
(b) Terms.--Section 5 of the Delaware and Lehigh National Heritage
Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4553) is amended by
striking subsection (c) and inserting the following:
``(c) Terms.--The following provisions shall apply to a member of
the Commission appointed under paragraph (3) or (4) of subsection (b):
``(1) Length of term.--The member shall serve for a term of
3 years.
``(2) Carryover.--The member shall serve until a successor
is appointed by the Secretary.
``(3) Replacement.--If the member resigns or is unable to
serve due to incapacity or death, the Secretary shall appoint,
not later than 60 days after receiving a nomination of the
appointment from the Governor, a new member to serve for the
remainder of the term.
``(4) Term limits.--A member may serve for not more than 2
full terms starting after the date of enactment of this
paragraph.''
(c) Confirmation.--Section 5 of the Delaware and Lehigh National
Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4553) is
amended by adding at the end the following:
``(h) Confirmation.--The Secretary shall accept or reject an
appointment under paragraph (3) or (4) of subsection (b) not later than
60 days after receiving a nomination of the appointment from the
Governor.''.
SEC. 5. POWERS OF THE COMMISSION.
(a) Conveyance of Real Estate.--Section 7(g)(3) of the Delaware and
Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102
Stat. 4555) is amended in the first sentence by inserting ``or
nonprofit organization'' after ``appropriate public agency''.
(b) Cooperative Agreements.--Section 7(h) of the Delaware and
Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102
Stat. 4555) is amended--
(1) in the first sentence, by inserting ``any non-profit
organization,'' after ``subdivision of the Commonwealth,''; and
(2) in the second sentence, by inserting ``such nonprofit
organization,'' after ``such political subdivision,''.
(e) Grants and Loans.--Section 7 of the Delaware and Lehigh
National Heritage Corridor Act of 1988 (Public Law 100-692; 102
Stat. 4554) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following;
``(i) Grants and Loans.--The Commission may administer any grant or
loan from amounts--
``(1) appropriated to the Commission for the purpose of
providing a grant or loan; or
``(2) donated or otherwise made available to the Commission
for the purpose of providing a grant or loan.''.
SEC. 6. DUTIES OF THE COMMISSION.
Section 8(b) of the Delaware and Lehigh National Heritage Corridor
Act of 1988 (Public Law 100-692; 102 Stat. 4556) is amended in the
matter preceding paragraph (1) by inserting ``, cultural, natural,
recreational, and secenic'' after ``interpret the historic''.
SEC. 7. TERMINATION OF THE COMMISSION.
Section 9(a) of the Delaware and Lehigh National Heritage Corridor
Act of 1988 (Public Law 100-692; 102 Stat. 4556) is amended by striking
``5 years after the date of enactment of this Act'' and inserting ``10
years after the date of enactment of the Delaware and Lehigh National
Heritage Corridor Act Amendments of 1997''.
SEC. 8. DUTIES OF OTHER FEDERAL ENTITIES.
Section 11 of the Delaware and Lehigh National Heritage Corridor
Act of 1988 (Public Law 100-692; 102 Stat. 4557) is amended in the
matter preceding paragraph (1) by striking ``the flow of the Canal or
the natural'' and inserting ``the historic, cultural, natural,
recreational, or scenic''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Commission.--Section 12(a) of the Delaware and Lehigh National
Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4558) is
amended by striking ``$350,000'' and inserting ``$650.000''.
(b) Management Action Plan.--Section 12 of the Delaware and Lehigh
National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat.
4558) is amended by adding at the end the following:
``(c) Management Action Plan.--
``(1) In general.--To implement the management action plan
created by the Commission, there is authorized to be
appropriated $1,000,000 for each of fiscal years 1998 through
2007.
``(2) Limitation on expenditures.--Amounts made available
under paragraph (1) shall not exceed 50 percent of the costs of
implementing the management action plan.''
SEC. 10. LOCAL AUTHORITY AND PRIVATE PROPERTY.
The Delaware and Lehigh National Heritage Corridor Act of 1988
(Public Law 100-692; 102 Stat. 4552) is amended--
(1) by redesignating section 13 or section 14; and
(2) by inserting after section 12 the following:
``SEC. 13. LOCAL AUTHORITY AND PRIVATE PROPERTY.
``The Commission shall not interfere with--
``(1) the private property rights of any person; or
``(2) any local zoning ordinance or land use plan of the
Commonwealth of Pennsylvania or any political subdivision of
Pennsylvania.''. | Delaware and Lehigh National Heritage Corridor Act Amendments of 1997 - Amends the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (the Act) to change the name of the Delaware and Lehigh Navigation Canal National Heritage Corridor to the Delaware and Lehigh National Heritage Corridor.
Includes among the Act's purposes enhancing economic development within the context of preservation.
Modifies provisions regarding: (1) membership of, terms of office for, and confirmation of appointment to the Delaware and Lehigh National Corridor Commission; and (2) powers of the Commission to authorize the conveyance of real property acquired by the Commission to an appropriate nonprofit organization, to authorize the Commission to enter into cooperative agreements with a nonprofit organization, and to require any cooperative agreement to establish procedures for providing notice to the Commission of any action proposed by a nonprofit organization which may affect implementation of the Cultural Heritage and Corridor Management Plan.
Authorizes the Commission to administer any grant or loan from amounts appropriated, donated, or otherwise made available to the Commission for the purpose of providing a grant or loan.
Directs the Commission to implement the Plan by taking appropriate steps to preserve and interpret the cultural, natural, recreational, and scenic (currently, limited to historic) resources of the Canal and its surrounding area.
Terminates the Commission ten years after the date of this Act's enactment.
Requires specified actions by any Federal entity conducting or supporting activities directly affecting the historic, cultural, natural, recreational, or scenic resources of the Corridor (currently, the flow of the Canal or the natural resources of the Corridor).
Reauthorizes and increases appropriations under the Act. Authorizes specified funds to implement the management action plan created by the Commission.
Prohibits the Commission from interfering with private property rights or any local zoning ordinance or land use plan of the Commonwealth of Pennsylvania or any political subdivision. | {"src": "billsum_train", "title": "Delaware and Lehigh National Heritage Corridor Act Amendments of 1997"} | 2,005 | 408 | 0.621614 | 1.893118 | 0.860517 | 2.972145 | 4.880223 | 0.83844 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saver's Bonus Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Department of Commerce, Americans are
currently saving less than 1 percent of their disposable
income.
(2) According to the Federal Reserve's 2004 Survey of
Consumer Finances, 17 percent of all households have zero or
negative net worth, while 30 percent have net worth of less
than $10,000.
(3) According to the Federal Reserve's 2004 Survey of
Consumer Finances, 11 percent of households do not have a
checking account and 9 percent do not have a transaction
account of any kind.
(4) According to the Retirement Security Project, in 2004
more than half of all households had zero savings in an
employer-based 401(k)-type plan or tax-preferred savings plan
account.
(5) It is in the economic interests of the United States to
promote savings among all members of society, regardless of
income.
SEC. 3. SAVER'S BONUS.
(a) In General.--The Secretary of the Treasury shall develop a
program to match deposits made by qualifying low-income individuals
into designated savings products.
(b) Qualifying Low-Income Individuals.--For purposes of this Act,
the term ``qualifying low-income individual'' means any individual
determined by the Secretary of the Treasury to be eligible for the
saver's bonus under this Act.
(c) Designated Savings Products.--For purposes of this Act, the
term ``designated savings product'' means any savings product,
including--
(1) qualified retirement plans (as defined in section
4974(c)) of such Code,
(2) qualified tuition programs under section 529 of such
Code,
(3) Coverdell education savings accounts under section 530
of such Code,
(4) United States savings bonds,
(5) certificates of deposits with durations of at least 6
months, and
(6) other types of savings products considered appropriate
by the Secretary of the Treasury for the purposes of this Act.
(d) Saver's Bonus Program.--The program established under
subsection (a) shall provide that--
(1) qualifying low-income individuals who direct their
Federal income tax refund (in its entirety or a portion
thereof) be deposited into any designated savings product shall
be eligible for a dollar-for-dollar match or saver's bonus to
be deposited directly in any designated savings product,
(2) qualifying low-income individuals who claim (when
filing a Federal income tax return) to have deposited funds
into any designated savings product during the course of the
tax year shall be eligible for a saver's bonus to be deposited
directly into any designated savings product, and
(3) the saver's bonus--
(A) shall equal $500 for qualifying low-income
individuals who are eligible for the earned income
credit under section 32 of such Code and shall be
phased out (but not below zero) for such individuals
whose earned income exceeds 120 percent of the earned
income threshold at which such eligibility ceases,
(B) shall be indexed for inflation every 5 years,
and
(C) shall be considered a refundable credit for
purposes of the Internal Revenue Code of 1986.
(e) Conforming Amendment Regarding Funding of Saver's Bonus.--
Section 1324(b)(2) of title 31, United States Code, is amended by
inserting ``or enacted by the Saver's Bonus Act of 2007,''.
(f) Effective Date.--The program under, and amendment made by, this
section shall be effective with respect to Federal income tax returns
for taxable years beginning after December 31, 2008.
SEC. 4. OPENING OF ACCOUNTS ON FEDERAL INCOME TAX RETURNS TO FACILITATE
SAVINGS.
(a) Notification of Option.--
(1) In general.--The Commissioner of Internal Revenue shall
notify qualifying low-income individuals who qualify for a
Federal income tax refund but fail to provide an ACH direct
deposit number on their Federal income tax return that they
have the option of an electronic direct deposit and that they
may be eligible for the saver's bonus program under section 3
if they deposit a refund or a portion of their refund in any
designated savings product.
(2) Method of notification.--The notification under
paragraph (1) shall be made through--
(A) a public awareness program undertaken by the
Secretary of the Treasury, in concert with the
Commissioner of the Internal Revenue and others as
necessary, at least 6 months before January 2009, and
(B) the inclusion of such a notice in the
instruction material for any Federal income tax return.
(b) Establishment of Designated Account Program.--The Secretary of
the Treasury shall develop, in consultation with the Federal Management
System, a program to minimize the delivery of non-electronic Federal
income tax refunds by depositing refunds electronically to an account
held by a depository institution. This program shall include--
(1) provisions for such tax refunds to be deposited into a
designated account,
(2) establishment of account parameters with respect to
minimum balance requirements and limitations on overdrafts,
overdraft fees, and other requirements,
(3) establishment of means for the taxpayer to access the
account electronically or through a payment card, and
(4) provisions to allow taxpayers to open an account with
their Federal income tax refunds through financial service
providers, so long such account is held at a depository
institution that is insured under the Federal Deposit Insurance
Act (12 U.S.C. 1811 et seq.).
(c) Effective Date.--The notification under subsection (a) and the
program under subsection (b) shall be effective with respect to Federal
income tax returns for taxable years beginning after December 31, 2008.
SEC. 5. PURCHASE OF SAVINGS BONDS ON FEDERAL INCOME TAX RETURNS.
(a) Notification of Option.--The Commissioner of Internal Revenue
shall notify individual taxpayers that they have the option of
purchasing United States savings bonds when they file their Federal
income tax returns and that they may be eligible for the saver's bonus
program under section 3. Such notification shall be included in the
instruction material for any Federal income tax return.
(b) Establishment of Savings Bond Purchase Program.--The Secretary
of the Treasury shall develop, in consultation with a task force, a
program for the purchase by individual taxpayers of United States
savings bonds on their Federal income tax returns.
(c) Effective Date.--The notification under subsection (a) and the
program under subsection (b) shall be effective with respect to Federal
income tax returns for taxable years beginning after December 31, 2008. | Saver's Bonus Act of 2007 [sic] - Directs the Secretary of the Treasury to develop programs to: (1) match deposits made by low-income individuals into certain savings accounts (saver's bonus); (2) deposit tax refunds electronically into savings accounts; and (3) allow individual taxpayers to purchase U.S. savings bonds on their federal income tax returns.
Requires the Commissioner of the Internal Revenue Service (IRS) to notify low-income taxpayers of their eligibility for the saver's bonus and of their options under this Act. | {"src": "billsum_train", "title": "A bill to promote savings by providing a match for eligible taxpayers who contribute to savings products and to facilitate taxpayers receiving this match and open a bank account when they file their Federal income tax returns."} | 1,435 | 119 | 0.557463 | 1.478752 | 0.605143 | 3.273585 | 12.839623 | 0.896226 |
SECTION 1. REQUIRING CERTAIN EMPLOYERS TO PARTICIPATE IN PILOT PROGRAM.
(a) In General.--Section 402(e)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is amended by adding at the end the following:
``(C) Employers at critical infrastructure sites.--
``(i) In general.--Any employer described
in clause (ii) shall elect to participate in
the basic pilot program described in section
403(a) and shall comply with the terms and
conditions of such election.
``(ii) Employers described.--An employer is
described in this clause if the employer
employs individuals working in a location
that--
``(I) is a Federal, State, or local
government building, a military base, a
nuclear energy site, a weapon site, or
an airport; or
``(II) contains critical
infrastructure (as defined in section
1016(e) of the Critical Infrastructure
Protection Act of 2001 (42 U.S.C.
5195c(e))), as determined by the
Secretary of Homeland Security in
regulations.
``(iii) Regulations.--The Secretary of
Homeland Security shall promulgate regulations
to assist employers in determining whether they
are described in clause (ii)(I).
``(iv) Special rule for continuing access
to critical infrastructure.--
``(I) In general.--It is unlawful
for an employer described in clause
(ii), after hiring an alien for
employment in accordance with clause
(i)--
``(aa) to authorize, or to
continue to authorize, the
alien's access to critical
infrastructure after having
received a notification of
nonconfirmation from the
Commissioner of Social Security
under subsection (e); or
``(bb) to fail to notify
any other person who, or entity
that, has issued, or may issue,
to the alien documentation
authorizing such access that
the employer has received such
notification.
``(II) Enforcement.--In the case of
an employer who violates subclause (I),
such violation shall be treated as a
violation of section 274A(a)(2) of the
Immigration and Nationality Act (8
U.S.C. 1324a(a)(2)) for purposes of
applying the compliance investigation
and enforcement procedures described in
section 274A(e) of such Act (8 U.S.C.
1324a(e)).
``(III) Resumption of authority to
provide access.--Subclause (I)(aa)
shall cease to apply to an alien when
the employer has received satisfactory
verification (as determined by the
Secretary of Homeland Security in
regulations) that the alien is not an
unauthorized alien (as defined in
section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C.
1324a(h)(3))) with respect to the
employment. Upon the receipt of such
satisfactory verification, the employer
shall notify any person or entity
previously notified under subclause
(I)(bb) of such receipt.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect one year after the date of the enactment of this Act.
SEC. 2. AUTHORIZING ADDITIONAL USES OF EMPLOYMENT ELIGIBILITY
CONFIRMATION SYSTEM.
Section 404(h) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--
(1) in paragraph (1), by striking ``for any other purpose''
and all that follows through the period at the end and
inserting the following:
``for any purpose other than--
``(A) as provided for under this subtitle,
including paragraph (2);
``(B) for enforcement of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and sections
1001, 1028, 1546, and 1621 of title 18, United States
Code;
``(C) for enforcement of the Social Security Act
(42 U.S.C. 301 et seq.).''.
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Protection of critical infrastructure.--
``(A) In general.--Notwithstanding any other
provision of this section, the Secretary of Homeland
Security may authorize or require any person or entity
responsible for granting access to, protecting,
securing, operating, administering, or regulating
critical infrastructure (as defined in section 1016(e)
of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e))) to use the confirmation system to
verify the citizenship or immigration status of an
individual requesting documentation authorizing access
to such infrastructure, to the extent that the
Secretary determines that such use will assist in the
protection of such infrastructure.
``(B) Enforcement.--In the case of a person or
entity subject to a requirement imposed by the
Secretary under subparagraph (A), if the person or
entity fails to comply with such requirement, such
failure shall be treated as a violation of section
274A(a)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1324a(a)(1)(B)) for purposes of applying the
compliance investigation and enforcement procedures
described in section 274A(e) of such Act (8 U.S.C.
1324a(e)).''. | Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require employers at critical infrastructure sites to participate in the basic pilot (employment eligibility verification) program. Defines such employers as those employing individuals in a location that: (1) is a Federal, State, or local government building, a military base, a nuclear energy site, a weapon site, or an airport; or (2) contains critical infrastructure as determined by the Secretary of Homeland Security.
Makes it unlawful for such employers to: (1) authorize an alien employee's access to critical infrastructure after receiving a notification of nonconfirmation from the commissioner of Social Security; or (2) fail to notify any other person or entity that has or may issue documentation authorizing the alien's access of such notification.
Authorizes the use of information obtained pursuant to the basic pilot program for enforcement of the Immigration and Nationality Act and the Social Security Act. Allows the Secretary to authorize or require any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating critical infrastructure to use the basic pilot program for individuals seeking access if doing so will assist in protecting such infrastructure. Establishes enforcement procedures for noncompliance. | {"src": "billsum_train", "title": "To require employers at critical infrastructure sites to participate in the pilot program for employment eligibility verification, and for other purposes."} | 1,246 | 261 | 0.658424 | 1.928677 | 0.84023 | 3.596567 | 4.536481 | 0.918455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Narcotics Control Trade Act of
1996''.
SEC. 2. AMENDMENT TO TRADE ACT OF 1974.
(a) In General.--Section 802 of the Trade Act of 1974 is amended to
read as follows:
``SEC. 802. TARIFF TREATMENT OF PRODUCTS OF NONCOOPERATIVE MAJOR
ILLICIT DRUG PRODUCING OR DRUG TRANSIT COUNTRIES.
``(a) Annual Reports on Trade.--
``(1) In general.--At the time that the report required by
section 489(a) of the Foreign Assistance Act of 1961 is
submitted each year, the United States Trade Representative, in
consultation with the Secretary of State, shall report to the
appropriate congressional committees on the bilateral trade
relationship between the United States and each major illicit
drug producing country and each major drug transit country as
determined under section 490(h) of that Act, including the
volume of imports entering the United States from that country
under any preferential trade program such as that under title V
of this Act (relating to the Generalized System of
Preferences), the Caribbean Basin Economic Recovery Act, or the
Andean Trade Preference Act. The report may be submitted in
classified form, as appropriate.
``(2) Review of impact of imposition of trade sanctions on
major illicit drug producing and major drug transit
countries.--The report required by paragraph (1) shall include
an assessment, for each of the countries referred to in
paragraph (1)--
``(A) by the United States Trade Representative of
the anticipated impact of taking any of the actions
described in subsection (b) on the economy of the
United States, and the economy of such country; and
``(B) by the Secretary of State of the anticipated
impact of taking any of the actions described in
subsection (b) on the country's cooperation with the
United States, or taking steps on its own, to achieve
full compliance with the goals and objectives of the
United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances.
``(3) Recommendation on trade sanctions.--At the time that
the report is submitted under paragraph (1), the Trade
Representative, in consultation with the Secretary of State,
shall recommend to the President, on the basis of available
information, which trade sanctions should be imposed by the
President under subsection (b)(2), and the products to which
the sanctions should be applied.
``(4) Information to be included.--Each report under this
subsection shall take into account information from sources
available to the United States Trade Representative and the
Secretary of State, and such information as may be submitted to
the Trade Representative or the Secretary by interested
persons.
``(b) Required Actions by President.--
``(1) In general.--Subject to subsection (c), for each
major illicit drug producing or major drug transit country, the
President shall, at the time of submission of the report
required by section 489(a) of the Foreign Assistance Act of
1961, or at any time after the submission of such report, to
the extent considered necessary to achieve the purpose of this
title--
``(A) deny to any or all of the products of that
country nondiscriminatory treatment (most favored
nation treatment) or tariff treatment under title V
(relating to the Generalized System of Preferences),
the Caribbean Basin Economic Recovery Act, the Andean
Trade Preference Act, or any other law providing
preferential tariff treatment;
``(B) apply to any or all of the dutiable products
of that country an additional duty at a rate not to
exceed 50 percent ad valorem or the specific rate
equivalent;
``(C) apply to one or more duty-free products of
that country a duty at a rate not to exceed 50 percent
ad valorem;
``(D) take the steps described in subsection (g)(1)
or (2), or both, to curtail air transportation between
the United States and that country;
``(E) withdraw the personnel and resources of the
United States from participation in any arrangement
with that country for the pre-clearance of customs by
visitors between the United States and that country;
``(F) deny trade benefits under any agreement
between that country and the United States establishing
a free trade area;
``(G) decline to negotiate with that country for
purposes of establishing a free trade area; or
``(H) take any combination of the actions described
in subparagraphs (A) through (G).
``(2) Requirement for imposition of sanctions.--The
President shall take at least one of the actions described in
paragraph (1) for any major illicit drug producing or major
drug transit country that has been denied certification under
subsection (c)(1)(A) for 2 or more consecutive years.
``(c) Certification Procedures.--
``(1) What must be certified.--Subject to paragraph (4),
subsection (b) shall not apply with respect to a country if the
President determines and certifies to the Congress at the time
of the submission of the report required by section 489(a) of
the Foreign Assistance Act of 1961, that--
``(A) during the previous year the country has
cooperated fully with the United States, or has taken
adequate steps on its own, to achieve full compliance
with the goals and objectives established by the United
Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances; or
``(B) for a country that would not otherwise
qualify for certification under subparagraph (A), the
vital national interests of the United States require
that subsection (b) not be applied with respect to that country.
``(2) Considerations regarding cooperation.--In making the
determination described in paragraph (1)(A), the President
shall consider the extent to which the country has--
``(A) met the goals and objectives of the United
Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances, including action on
such issues as illicit cultivation, production,
distribution, sale, transport and financing, and money
laundering, asset seizure, extradition, mutual legal
assistance, law enforcement and transit cooperation,
precursor chemical control, and demand reduction;
``(B) accomplished the goals described in an
applicable bilateral narcotics agreement with the
United States or a multilateral agreement; and
``(C) taken legal and law enforcement measures to
prevent and punish public corruption, especially by
senior government officials, that facilitates the
production, processing, or shipment of narcotic and
psychotropic substances, or that discourages the
investigation or prosecution of such acts.
``(3) Information to be included in national interest
certification.--If the President makes a certification with
respect to a country pursuant to paragraph (1)(B), the
President shall include in such certification--
``(A) a full and complete description of the vital
national interests placed at risk if action is taken
pursuant to subsection (b) with respect to that
country; and
``(B) a statement weighing the risk described in
subparagraph (A) against the risks posed to the vital
national interest of the United States by the failure
of such country to cooperate fully with the United
States in combating narcotics or to take adequate steps
to combat narcotics on its own.
``(4) Congressional review.--Subsection (b) shall apply to
a country without regard to paragraph (1) if, within 30
calendar days after the receipt of a certification submitted
under this subsection, the Congress enacts a joint resolution
disapproving the determination of the President contained in
such certification.
``(d) Licit Opium Producing Countries.--The President may make a
certification under subsection (c)(1)(A) with respect to a major
illicit drug producing country, or major drug transit country, that is
a producer of licit opium only if the President determines that such
country has taken adequate steps to prevent significant diversion of
its licit cultivation and production into the illicit market, maintains
production and stockpiles at levels no higher than those consistent
with licit market demand, and prevents illicit cultivation and
production.
``(e) Duration of Action.--Any action taken by the President under
subparagraph (A), (B), (C), or (F) of subsection (b)(1) shall apply to
the products of a foreign country that are entered, or withdrawn from
warehouse for consumption, during the period that such action is in
effect.
``(f) Recertification.--Any action taken by the President under
subsection (b) against a country shall remain in effect until--
``(1) the President, at the time of submission of the
report required by section 489(a) of the Foreign Assistance Act
of 1961--
``(A) makes a certification under subsection
(c)(1)(A) with respect to that country, if the action
was taken under subsection (b)(2), or
``(B) makes a certification under subsection (c)(1)
with respect to that country, in any other case,
and the Congress does not enact a joint resolution under
subsection (c)(4) disapproving the determination of the
President contained in that certification; or
``(2) the President, at any other time, makes the
certification described in subsection (c)(1)(B) with respect to
that country, except that this paragraph applies only if
either--
``(A) the President also certifies that--
``(i) that country has undergone a
fundamental change in the government, or
``(ii) there has been a fundamental change
in the conditions that were the reason--
``(I) why the President had not
made a certification with respect to
that country under subsection
(c)(1)(A), or
``(II) if he had made such a
certification and the Congress enacted
a joint resolution disapproving the
determination contained in the
certification, why the Congress enacted
that joint resolution; or
``(B) the Congress does not enact a joint
resolution disapproving the determination contained in
the certification under subsection (c)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall
discuss the justification for the certification.
``(g) Presidential Action Regarding Aviation.--
``(1) Suspension of air service.--(A) The President is
authorized to notify the government of a country against which
is imposed the sanction described in subsection (b)(1)(D) of
the President's intention to suspend the authority of foreign
air carriers owned or controlled by the government or nationals
of that country to engage in foreign air transportation to or
from the United States.
``(B) Within 10 days after the date of notification of a
government under subparagraph (A), the Secretary of
Transportation shall take all steps necessary to suspend at the
earliest possible date the authority of any foreign air carrier
owned or controlled, directly or indirectly, by the government
or nationals of that country to engage in foreign air
transportation to or from the United States, notwithstanding
any agreement relating to air services.
``(C) The President may also direct the Secretary of
Transportation to take such steps as may be necessary to
suspend the authority of any air carrier to engage in foreign
air transportation between the United States and that country.
``(2) Termination of air service agreement.--(A) The
President may direct the Secretary of State to terminate any
air service agreement between the United States and a country
against which a sanction described in subsection (b)(1)(D) is
imposed in accordance with the provisions of that agreement.
``(B) Upon termination of an agreement under this
paragraph, the Secretary of Transportation shall take such
steps as may be necessary to revoke at the earliest possible
date the right of any foreign air carrier owned or controlled,
directly or indirectly, by the government or nationals of that
country to engage in foreign air transportation to or from the
United States.
``(C) Upon termination of an agreement under this
paragraph, the Secretary of Transportation may also revoke the
authority of any air carrier to engage in foreign air
transportation between the United States and that country.
``(3) Exceptions.--The Secretary of Transportation may
provide for such exceptions from paragraphs (1) and (2) as the
Secretary considers necessary to provide for emergencies in
which the safety of an aircraft or its crew or passengers is
threatened.
``(h) Congressional Review Procedures.--The procedures for
congressional review contained in section 490(g) of the Foreign
Assistance Act of 1961 shall apply to the consideration of any joint
resolution under this section.
``(i) Notification.--(1) The President shall notify the appropriate
congressional committees any time an action is taken under subsection
(b) with respect to a major illicit drug producing or major drug
transit country.
``(2) The President shall also notify the appropriate congressional
committees any time an action taken under subsection (b) with respect
to a major illicit drug producing or major drug transit country is
modified or suspended.
``(j) Definitions.--(1) For purposes of this section, the terms
`major illicit drug producing country' and `major drug transit country'
have the meanings such terms have under section 481(e) of the Foreign
Assistance Act of 1961.
``(2) For purposes of this section, the terms `air transportation',
`air carrier', `foreign air carrier', and `foreign air transportation'
have the meanings such terms have under section 101 of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1301).
``(3) For purposes of this section, the term `appropriate
congressional committees' means the Committee on Ways and Means and the
Committee on International Relations of the House of Representatives
and the Committee on Finance and the Committee on Foreign Relations of
the Senate.''.
(b) Repeal of Obsolete Provisions.--Sections 804 and 805 of the
Trade Act of 1974 (19 U.S.C. 2493 and 2494) are repealed.
SEC. 3. DEFENSES OF THE UNITED STATES UNDER EXISTING TRADE AGREEMENTS.
If proceedings are initiated by a country against the United States
in the World Trade Organization or under the North American Free Trade
Agreement with respect to actions taken pursuant to title VIII of the
Trade Act of 1974 (19 U.S.C. 2491 et seq.), the President shall invoke
all applicable defenses in such proceedings, including exceptions for
measures necessary to protect the national security of the United
States and to protect human, animal, or plant life, or health. | Narcotics Control Trade Act of 1996 - Amends the Trade Act of 1974 to revise requirements for the tariff treatment of products of uncooperative major drug producing or drug-transit countries. Requires the United States Trade Representative (USTR) to report annually to the appropriate congressional committees on: (1) the bilateral trade relationship between the United States and each major illicit drug producing country and each major drug-transit country, including the volume of imports entering the United States from that country; and (2) an assessment with the Secretary of State of the impact of imposing certain trade sanctions against such countries on the economy of the United States and that country, and on the country's cooperation with the United States in achieving the objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Requires the President to impose one or more existing trade sanctions recommended by the USTR against countries not certified as in compliance with the anti-drug producing and trafficking objectives of the Convention. Adds to existing sanctions: (1) denial of trade benefits under any agreement between the country in question and the United States establishing a free trade area; and (2) refusal to negotiate for purposes of establishing such a free trade area.
Requires the President to invoke all applicable defenses, including exceptions for measures necessary to protect U.S. national security and to protect human, animal, or plant life, or health, if proceedings are initiated by a country against the United States in the World Trade Organization (WTO) or under the North American Free Trade Agreement (NAFTA) with respect to such trade sanctions. | {"src": "billsum_train", "title": "Narcotics Control Trade Act of 1996"} | 3,215 | 352 | 0.644133 | 1.846732 | 0.863435 | 4.145161 | 9.712903 | 0.919355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom's Way National Heritage Area
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds as follows:
(1) The cultural and natural legacies of an area
encompassing 37 communities in Massachusetts and 8 communities
in New Hampshire have made important and distinctive
contributions to the national character of America.
(2) Recognizing and protecting those legacies will help
sustain the quality of life in the future.
(3) Significant legacies of the area include--
(A) the early settlement of the United States and
the early evolution of democratic forms of government;
(B) the development of intellectual traditions of
the philosophies of freedom, democracy, and
conservation;
(C) the evolution of social ideas and religious
freedom;
(D) the role of immigrants and industry in
contributing to ethnic diversity;
(E) Native American and African American resources;
and
(F) the role of innovation and invention in cottage
industries.
(4) The communities in the area know the value of the
legacies but need a cooperative framework and technical
assistance to achieve important goals by working together.
(5) There is a Federal interest in supporting the
development of a regional framework to assist the States, local
governments, local organizations, and other persons in the
region with conserving, protecting, and bringing recognition to
the heritage of the area for the educational and recreational
benefit of future generations of Americans.
(6) Significant examples of the area's resources include--
(A) Walden Pond State Reservation in Concord,
Massachusetts;
(B) Minute Man National Historical Park in the
State of Massachusetts;
(C) Shaker Villages in Shirley and Harvard in the
State of Massachusetts;
(D) Wachusett Mountain State Reservation, Fitchburg
Art Museum, and Barrett House in New Ipswich, New
Hampshire; and
(E) Beaver Brook Farms and Lost City of Monson in
Hollis, New Hampshire.
(7) The study entitled ``Freedom's Way Heritage Area
Feasibility Study'', prepared by the Freedom's Way Heritage
Association, Inc., and the Massachusetts Department of
Environmental Management, demonstrates that there are
sufficient nationally distinctive historical resources
necessary to establish the Freedom's Way National Heritage
Area.
(8) The Freedom's Way Heritage Association, Inc., should
oversee the development of the Freedom's Way National Heritage
Area.
(b) Purposes.--The purposes of this Act are--
(1) to foster a close working relationship between the
Secretary and all levels of government, the private sector, and
local communities in the States of Massachusetts and New
Hampshire;
(2) to assist the entities referred to in paragraph (1) in
preserving the special historic identity of the Heritage Area;
and
(3) to manage, preserve, protect, and interpret the
cultural, historical, and natural resources of the Heritage
Area for the educational and inspirational benefit of future
generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Way National Heritage Area established by section
4(a).
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
section 4(d).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5.
(4) Map.--The term ``Map'' means the map entitled
``_____________'', numbered ______________ and dated _________.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Freedom's Way National
Heritage Area in the States of Massachusetts and New Hampshire.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the
land within the boundaries of the Heritage Area, as depicted on
the Map.
(2) Revision.--The boundaries of the Heritage Area may be
revised if the revision is--
(A) proposed in the management plan;
(B) approved by the Secretary in accordance with
section 5(c); and
(C) placed on file in accordance with subsection
(c).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register a legal description of the Heritage Area.
(2) Availability.--The Map shall be on file and available
for public inspection in the appropriate offices of the
National Park Service.
(d) Management Entity.--The Freedom's Way Heritage Association,
Inc. shall serve as the management entity for the Heritage Area.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the management entity shall develop and submit
to the Secretary for approval a management plan for the Heritage Area
that presents comprehensive recommendations and strategies for the
conservation, funding, management, and development of the Heritage
Area.
(b) Requirements.--The management plan shall--
(1) take into consideration and coordinate Federal, State,
and local plans to present a unified historic preservation and
interpretation plan;
(2) involve residents, public agencies, and private
organizations in the Heritage Area;
(3) describe actions that units of government and private
organizations recommend for the protection of the resources of
the Heritage Area;
(4) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(5) include--
(A) an inventory of the cultural, historic,
natural, or recreational resources contained in the
Heritage Area, including a list of property that--
(i) is related to the themes of the
Heritage Area; and
(ii) should be conserved, restored,
managed, developed, or maintained;
(B) a recommendation of policies for resource
management and protection that--
(i) apply appropriate land and water
management techniques;
(ii) develop intergovernmental cooperative
agreements to manage and protect the cultural,
historic, and natural resources and recreation
opportunities of the Heritage Area; and
(iii) support economic revitalization
efforts;
(C) a program of strategies and actions to
implement the management plan that--
(i) identifies the roles of agencies and
organizations that are involved in the
implementation of the management plan and the
role of the management entity; and
(ii) includes--
(I) restoration and construction
plans or goals;
(II) a program of public
involvement;
(III) annual work plans; and
(IV) annual reports;
(D) an analysis of ways in which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act;
(E) an interpretive and educational plan for the
Heritage Area;
(F) any revisions proposed by the management entity
to the boundaries of the Heritage Area and requested by
the affected local government; and
(G) a process to provide public access to the
management entity for the purpose of attempting to
resolve informally any disputes arising from the
management plan.
(c) Failure To Submit.--If the management entity fails to submit
the management plan to the Secretary in accordance with subsection (a),
the Heritage Area shall no longer qualify for Federal funding.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receipt of
the management plan under subsection (a), the Secretary shall
approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the management entity afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(B) the resource protection and interpretation
strategies contained in the management plan would
adequately protect the cultural and historic resources
of the Heritage Area; and
(C) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 60 days after the receipt of any
proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(e) Amendments.--
(1) In general.--In accordance with subsection (b), the
Secretary shall approve or disapprove each amendment to the
management plan that the Secretary determines may make a
substantial change to the management plan.
(2) Use of funds.--Funds made available under this Act
shall not be expended by the management entity to implement an
amendment described in paragraph (1) until the Secretary
approves the amendment.
SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE MANAGEMENT ENTITY.
(a) Authorities.--The Management Entity may, for purposes of
preparing and implementing the management plan, use funds made
available under this Act to--
(1) make grants to, and enter into cooperative agreements
with, the States of Massachusetts and New Hampshire (including
a political subdivision), a nonprofit organization, or any
person;
(2) hire and compensate staff;
(3) obtain funds from any source (including a program that
has a cost-sharing requirement); and
(4) contract for goods and services.
(b) Duties of the Management Entity.--In addition to developing the
management plan, the management entity shall--
(1) give priority to the implementation of actions, goals,
and strategies set forth in the management plan, including
assisting units of government and other persons in--
(A) carrying out the programs that recognize and
protect important resource values in the Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing recreational and educational
opportunities in the Heritage Area;
(E) increasing public awareness of and appreciation
for the cultural, historical, and natural resources of
the Heritage Area;
(F) restoring historic buildings that are--
(i) located in the Heritage Area; and
(ii) relate to the themes of the Heritage
Area; and
(G) installing throughout the Heritage Area clear,
consistent, and appropriate signs identifying public
access points and sites of interest;
(2) prepare and implement the management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups
within the Heritage Area;
(3) conduct public meetings at least quarterly regarding
the development and implementation of the management plan;
(4) for any fiscal year for which Federal funds are
received under this Act--
(A) submit to the Secretary a report that
describes, for the year--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which a grant was
made;
(B) make available for audit by Congress, the
Secretary, and appropriate units of government, all
records pertaining to the expenditure of the funds and
any matching funds; and
(C) require, for all agreements authorizing
expenditure of Federal funds by any entity, that the
receiving entity make available for audit all records
pertaining to the expenditure of the funds.
(c) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal funds made available under this
Act to acquire real property or any interest in real property.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the management entity,
the Secretary may provide technical and financial assistance
for the development and implementation of the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant cultural, historic,
and natural resources of the Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(3) Spending for non-federal property.--The management
entity may expend Federal funds made available under this Act
on nonfederally owned property that is--
(A) identified in the management plan; or
(B) listed or eligible for listing on the National
Register of Historic Places.
(4) Other assistance.--The Secretary may enter into
cooperative agreements with public and private organizations to
carry out this subsection.
(b) Other Federal Agencies.--Any Federal entity conducting or
supporting an activity that directly affects the Heritage Area shall--
(1) consider the potential effect of the activity on the
purposes of the Heritage Area and the management plan;
(2) consult with the management entity regarding the
activity; and
(3) to the maximum extent practicable, conduct or support
the activity to avoid adverse effects on the Heritage Area.
SEC. 8. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.
(a) Land Use Regulation.--
(1) In general.--The management entity shall provide
assistance and encouragement to State and local governments,
private organizations, and persons to protect and promote the
resources and values of the Heritage Area.
(2) Effect.--Nothing in this Act--
(A) affects the authority of the State or local
governments to regulate under law any use of land; or
(B) grants any power of zoning or land use to the
management entity.
(b) Private Property.--
(1) In general.--The management entity shall be an advocate
for land management practices consistent with the purposes of
the Heritage Area.
(2) Effect.--Nothing in this Act--
(A) abridges the rights of any person with regard
to private property;
(B) affects the authority of the State or local
government regarding private property; or
(C) imposes any additional burden on any property
owner.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of the enactment
of this Act. | Freedom's Way National Heritage Area Act - Establishes the Freedom's Way National Heritage Area encompassing 36 communities in Massachusetts and eight communities in New Hampshire that have made important and distinctive contributions to the national character of America. | {"src": "billsum_train", "title": "To establish the Freedom's Way National Heritage Area in the States of Massachusetts and New Hampshire, and for other purposes."} | 3,218 | 48 | 0.600371 | 1.707805 | 1.100297 | 4.634146 | 76.780488 | 0.926829 |
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