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SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Economic
Recovery Act''.
SEC. 2. LIMITATION ON INCOME TAX IMPOSED ON INDIVIDUALS WHO ARE
RESIDENTS OF THE DISTRICT OF COLUMBIA.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to determination of tax liability) is amended by
adding at the end the following new part:
``PART VIII--LIMITATION ON TAX IMPOSED ON RESIDENTS OF THE DISTRICT OF
COLUMBIA
``Sec. 59B. Limitation on tax.
``SEC. 59B. LIMITATION ON TAX.
``(a) General Rule.--The net income tax of an individual who is a
resident of the District of Columbia for the taxable year shall not
exceed the limitation determined under subsection (b) for such year.
``(b) Limitation.--The limitation determined under this subsection
is the sum of the amounts determined under paragraphs (1) and (2).
``(1) 15-percent rate of district-sourced income in excess
of exemption amount.--The amount determined under this
paragraph is an amount equal to 15 percent of so much of
District-sourced income as exceeds the exemption amount.
``(2) Average rate of non-district-sourced adjusted gross
income.--The amount determined under this paragraph is an
amount equal to the average rate of the non-District-sourced
adjusted gross income.
``(c) Definitions.--For purposes of this section--
``(1) Resident of district of columbia.--An individual is a
resident of the District of Columbia for the taxable year if--
``(A) such individual used a residence in the
District of Columbia as a place of abode (and was
physically present at such place) for at least 183 days
of such taxable year, and
``(B) such individual files a District of Columbia
income tax return for such taxable year.
``(2) Net income tax.--The term `net income tax' means--
``(A) the sum of regular tax liability and the tax
imposed by section 55 (determined without regard to
this section), reduced by
``(B) the aggregate credits allowable under part IV
(other than section 31).
``(3) Exemption amount.--The term `exemption amount'
means--
``(A) $30,000 in the case of a joint return or a
surviving spouse,
``(B) $15,000 in the case of--
``(i) an individual who is not a married
individual and is not a surviving spouse, and
``(ii) a married individual filing a
separate return, and
``(C) $25,000 in the case of a head of a household.
``(4) Average rate.--The term `average rate' means the
percentage determined by dividing--
``(A) the sum (determined without regard to this
section) of the taxpayer's regular tax liability and
the tax imposed by section 55, by
``(B) the taxpayer's taxable income.
If the percentage determined under the preceding sentence is
not a whole number of percentage points, such percentage shall
be rounded to the nearest whole number of percentage points.
``(5) Regular tax liability.--The term `regular tax
liability' has the meaning given to such term by section 26(b).
``(d) District-Sourced Income.--For purposes of this section, the
term `District-sourced income' means adjusted gross income reduced by
the sum of--
``(1) non-District-sourced adjusted gross income,
``(2) net capital gain determined by taking into account
only gains and losses sourced in the District of Columbia,
``(3) the deduction allowed by section 170, and
``(4) the deduction allowed by section 163 to the extent
attributable to qualified residence interest (as defined in
section 163(h)).
``(e) Non-District-Sourced Adjusted Gross Income.--For purposes of
this section, the term `non-District-sourced adjusted gross income'
means gross income of the taxpayer from sources outside the District of
Columbia reduced (but not below zero) by the deductions taken into
account in determining adjusted gross income which are allocable to
such income.
``(f) Sources of Income.--For purposes of this section--
``(1) Retirement income and other income not sourced under
subsection.--The source of any income not specifically provided
for in this subsection shall be treated as from sources within
the District of Columbia.
``(2) Personal services.--
``(A) In general.--Compensation (other than
retirement income) for services performed by the
taxpayer as an employee, and net earnings from self-
employment (as defined in section 1402)), shall be
sourced at the place such services are performed.
``(B) Services performed in washington-baltimore
area treated as performed in the district of
columbia.--Services performed in the Washington-
Baltimore area shall be treated as performed in the
District of Columbia.
``(C) Individuals performing 80 percent of services
within washington-baltimore area.--If, during any
taxable year, at least 80 percent of the hours of
service performed by an individual are performed within
the Washington-Baltimore area, all such service shall
be treated for purposes of this paragraph as performed
within the District of Columbia.
``(D) Washington-baltimore area.--For purposes of
this paragraph, the term `Washington-Baltimore area'
means the area consisting of--
``(i) the Washington/Baltimore Consolidated
Metropolitan Statistical Area (as designated by
the Office of Management and Budget), and
``(ii) St. Mary's County, Maryland.
``(3) Interest.--
``(A) In general.--Interest received or accrued
during the taxable year shall be treated as from
sources outside the District of Columbia.
``(B) Exception for small amounts of non-district-
sourced interest.--Interest which would (but for this
subparagraph) be treated as from sources outside the
District of Columbia shall be treated as from sources
in the District of Columbia to the extent the amount of
such interest does not exceed $400.
``(C) Exception for interest paid by district of
columbia businesses and residents.--
``(i) Businesses.--In the case of interest
paid during a calendar year by a debtor which
was required to file (and filed) a franchise
tax return with the District of Columbia for
the debtor's taxable year ending with or within
the prior calendar year, an amount equal to
the D.C. percentage (as shown on such return) of such interest shall be
treated as from sources within the District of Columbia. The preceding
sentence shall apply only if such percentage is furnished to the
taxpayer in writing on or before January 31 of the year following the
calendar year in which such interest is paid.
``(ii) Others.--Interest shall be treated
as from sources within the District of Columbia
if the interest is paid during a calendar year
by a debtor--
``(I) which was required to file
(and filed) an income tax return with
the District of Columbia for the
debtor's taxable year ending during the
prior calendar year, and
``(II) which is not required to
file a franchise tax return with the
District of Columbia for such taxable
year.
``(D) Special rule for determination of d.c.
percentage for new businesses.--Interest shall be
treated as from sources within the District of Columbia
if the interest is paid during a calendar year by a
debtor which was required to file (and filed) a
franchise tax return with the District of Columbia for
such debtor's taxable year ending during such calendar
year, but which was not required to file such a return
for such debtor's prior taxable year.
``(4) Dividends.--
``(A) In general.--Dividends received or accrued
during the taxable year shall be treated as from
sources outside the District of Columbia.
``(B) Exception for small amounts of non-district-
sourced dividends.--Dividends which would (but for this
subparagraph) be treated as from sources outside the
District of Columbia shall be treated as from sources
in the District of Columbia to the extent the amount of
such dividends do not exceed $400.
``(C) Exception for dividends paid by corporation
engaged in business in the district of columbia.--In
the case of dividends paid during a calendar year by a
corporation which was required to file (and filed) a
franchise tax return with the District of Columbia for
the debtor's taxable year ending during the prior
calendar year, an amount equal to the D.C. percentage
(as shown on such return) of such dividends shall be
treated as from sources within the District of
Columbia. The preceding sentence shall apply only if
such percentage is furnished to the taxpayer in writing
on or before January 31 of the year following the
calendar year in which such dividends are paid.
``(5) Disposition of tangible property.--Income, gain, or
loss from the disposition of tangible property shall be sourced
to the place such property is located at the time of the
disposition.
``(6) Disposition of intangible property.--
``(A) In general.--Income, gain, or loss from the
disposition of intangible property shall be treated as
from sources outside the District of Columbia.
``(B) Exception.-- If any portion of the most
recent income received or accrued before such
disposition which was attributable to such property was
from sources within the District of Columbia, a like
portion of the income, gain, or loss from such
disposition shall be treated as from sources within the
District of Columbia.
``(7) Rentals.--Rents from property shall be sourced at the
place where such property is located.
``(8) Royalties.--Royalties shall be treated as from
sources outside the District of Columbia.
``(9) Income from proprietorship.--
``(A) In general.--In the case of a trade or
business carried on by the taxpayer as a
proprietorship, income from such trade or business
(other than income which is included in net earnings
from self-employment by the taxpayer) shall be treated
as from sources outside the District of Columbia.
``(B) Exception for district of columbia
businesses.--If the taxpayer is required to file (and
files) a franchise tax return with the District of
Columbia for the taxable year, subparagraph (A) shall
not apply to an amount equal to the D.C. percentage of
such income.
``(10) Income from partnership.--
``(A) In general.--In the case of a taxpayer who is
a partner in a partnership, income from such
partnership (other than income which is included in net
earnings from self-employment by any partner) shall be
treated as from sources outside the District of
Columbia.
``(B) Exceptions.--
``(i) Subparagraph (A) shall not apply to a
partnership which was required to file (and
filed) a franchise tax return with the District
of Columbia for the partnership's taxable year
ending with or within the taxpayer's taxable
year to the extent of the D.C. percentage of
the taxpayer's distributive share of the
partnership income.
``(ii) Subparagraph (A) shall not apply to
a partnership which was not required to file a
franchise tax return with the District of
Columbia for the partnership's taxable year
ending with or within the taxpayer's taxable
year to the extent of the taxpayer's
distributive share of partnership income which
is not (as determined under this subsection)
from sources outside the District of Columbia.
``(11) Income in respect of a decedent; income from an
estate.--Income in respect of a decedent, and income from an
estate, shall be sourced at the place where the decedent was
domiciled at the time of his death.
``(12) Income from a trust.--Income (other than retirement
income) from a trust shall be treated as from the same sources
as the income of the trust to which it is attributable.
``(g) Definitions Relating to Subsection (f).--For purposes of
subsection (f)--
``(1) Retirement income.--The term `retirement income' has
the meaning given such term by section 114(b)(1) of title 4,
United States Code (determined without regard to subparagraph
(I) thereof).
``(2) D.C. percentage.--The term `D.C. percentage' means
the percentage determined by dividing--
``(A) the net income taxable in the District of
Columbia (as shown on the original return for the
taxable year), by
``(B) total net income from all sources (as shown
on such return).
The preceding sentence shall be applied based on amounts shown
on the original applicable District of Columbia franchise or
income tax return.
``(h) Section Not To Apply to Estates and Trusts.--This section
shall not apply to an estate or trust.
``(i) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''
(b) Conforming Amendments.--
(1) Paragraph (1) of section 55(c) of such Code is amended
by adding at the end the following: ``Such regular tax shall be
determined without regard to section 59B.''
(2) The table of parts for subchapter A of chapter 1 of
such Code is amended by adding at the end the following new
item:
``Part VIII. Limitation on tax imposed on
residents of the District of
Columbia.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | District of Columbia Economic Recovery Act - Amends the Internal Revenue Code to set forth a limitation on the income tax imposed on individuals who are residents of the District of Columbia. Specifies that the limitation is the sum of: (1) 15 percent of so much District-sourced income as exceeds the exemption amount; and (2) the average rate of the non-District-sourced adjusted gross income. Sets forth definitions, including for "resident of the District of Columbia" and "exemption amount."
Provides for the tax treatment of certain sources of income. | {"src": "billsum_train", "title": "District of Columbia Economic Recovery Act"} | 3,192 | 119 | 0.620221 | 1.446735 | 0.613278 | 4.080357 | 25.616071 | 0.848214 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full-Service Community Schools Act
of 2004''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) Providing support for the planning, implementation, and
operation of full-service community schools.
(2) Improving the coordination, availability, and
effectiveness of services for children and families.
(3) Enabling principals and teachers to complement and
enrich efforts to help all children reach proficiency in
reading and mathematics by 2014.
(4) Ensuring that children come to school ready to learn
every day.
(5) Enabling families to participate in the education of
their children.
(6) Enabling the more efficient use of Federal, State,
local, and private sector resources that serve children and
families.
(7) Facilitating the coordination of programs operated by
nonprofit organizations and State, local, and tribal
governments.
SEC. 3. FULL-SERVICE COMMUNITY SCHOOL DEFINED.
In this Act, the term ``full-service community school'' means a
public elementary school or secondary school that--
(1) participates in a community-based effort to coordinate
educational, developmental, family, health, and other
comprehensive services through community-based organizations
and public and private partnerships; and
(2) provides access to such services to students, families,
and the community served by the school.
SEC. 4. LOCAL PROGRAMS.
(a) Program Authorized.--
(1) In general.--The Secretary of Education (referred to in
this Act as the ``Secretary'') may award grants to eligible
entities for the purpose of enabling the eligible entities to
assist public elementary schools or secondary schools in
functioning as full-service community schools.
(2) Grant period.--Each grant awarded under this section
shall be for a period of 5 years.
(3) Minimum amount.--To the extent funds are available,
each grant award under this section shall be in an amount that
is not less than $75,000 for each year of the 5-year grant
period.
(b) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. The Secretary shall
require that each such application include the following:
(1) A description of the eligible entity.
(2) A list of partner entities that will assist the
eligible entity in providing or coordinating qualified
services.
(3) A memorandum of understanding between the eligible
entity and each partner entity describing the role the partner
entity will assume.
(4) A description of the capacity of the eligible entity to
provide and coordinate qualified services at a full-service
community school.
(5) A comprehensive plan that includes descriptions of the
following:
(A) The student, family, and school community to be
served, including information about the number of
students, families, and community residents to be
served and the frequency of qualified services.
(B) Existing qualified services available at each
school to be served and in the community in which the
school is located.
(C) Qualified services to be provided or
coordinated by the eligible entity and its partner
entities.
(D) Coordination, management, and oversight of
qualified services at each school to be served,
including the roles of the school principal, the full-
service community school coordinator, parents, and
members of the community in which the school is
located.
(E) Funding sources for qualified services at each
school to be served, whether such funding is derived
from grants under this section or from other Federal,
State, local, or private sources.
(F) Plans for professional development for managing
personnel, or for coordinating or delivering qualified
services, at the schools to be served.
(G) Plans for joint utilization and maintenance of
school facilities by the eligible entity and its
partner entities.
(6) Identification of principles of effectiveness that are
based on--
(A) an assessment of objective data regarding the
need--
(i) for the establishment of a full-service
community school; and
(ii) for qualified services at each school
to be served and in the community in which the
school is located;
(B) an established set of performance measures
aimed at ensuring the availability of high-quality
qualified services; and
(C) if appropriate, scientifically based research
that provides evidence that the qualified services
involved will help students meet State and local
student academic achievement standards.
(7) A strategy for developing a plan for sustainability.
(c) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that--
(1) will serve not less than 1 school eligible for a
schoolwide program under section 1114 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6314);
(2) demonstrate a record of effectiveness in integrating
not less than 3 qualified services; and
(3) will serve more than 1 full-service community school as
part of a communitywide or districtwide strategy.
(d) Use of Funds.--Grants awarded under this section shall be used
to provide or coordinate not less than 3 qualified services at not less
than 1 public elementary or secondary school.
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
consortium comprised of a local educational agency and not less
than 1 of the following:
(A) Community-based organization.
(B) Nonprofit organization.
(C) Other public or private entity.
(2) Qualified services.--The term ``qualified services''
means any of the following:
(A) Early childhood education.
(B) Remedial education activities and academic
enrichment activities.
(C) Programs under the Head Start Act (42 U.S.C.
9831 et seq.), including Early Head Start programs.
(D) Programs that promote parental involvement and
family literacy, including the Reading First, Early
Reading First, and William F. Goodling Even Start
Family Literacy programs authorized in part B of title
I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6361 et seq.).
(E) Youth development programs.
(F) Parent leadership development activities.
(G) Parenting education activities.
(H) Childcare services.
(I) Community service and service learning
opportunities.
(J) Programs that provide assistance to students
who have been truant, suspended, or expelled.
(K) Job training and career counseling services.
(L) Nutrition services.
(M) Primary health and dental care.
(N) Mental health prevention and treatment
services.
(O) Adult education, including instruction in
English as a second language.
SEC. 5. STATE PROGRAMS.
(a) Program Authorized.--
(1) In general.--The Secretary may award grants to State
collaboratives to support the development of full-service
community school programs in accordance with this section.
(2) Grant period.--Each grant awarded under this section
shall be for a period of 5 years.
(3) Minimum amount.--To the extent funds are available,
each grant award under this section shall be in an amount that
is not less than $500,000 for each year of the 5-year grant
period.
(b) Use of Funds.--Grants awarded under this section shall be used
only for the following:
(1) Planning, coordinating, and expanding the development
of full-service community schools in the State.
(2) Providing technical assistance and training at full-
service community schools, including professional development
for personnel and creation of data collection and evaluation
systems.
(3) Collecting, evaluating, and reporting data about the
progress of full-service community schools.
(4) Evaluating the impact of State policies and guidelines
in the integration of Federal and State programs at full-
service community schools.
(c) Application.--A State collaborative that desires a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. The Secretary shall
require that each such application include the following:
(1) A list of all governmental agencies and nonprofit
organizations that will participate as members of the State
collaborative.
(2) A description of the expertise of each member of the
State collaborative--
(A) in coordinating Federal and State programs
across multiple agencies; and
(B) in working with and developing the capacity of
full-service community schools.
(3) A comprehensive plan describing how the grant will be
used to plan, coordinate, and expand the delivery of qualified
services at full-service community schools.
(4) An explanation of how the State will provide technical
assistance and training, including professional development, at
full-service community schools.
(5) An explanation of how the State will collect and
evaluate information on full-service community schools.
(d) Definitions.--In this section:
(1) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(2) State collaborative.--The term ``State collaborative''
means a collaborative comprised of a State educational agency
(as such term is defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801) and not less
than 2 other governmental agencies or nonprofit organizations
that provide services to children and families.
SEC. 6. ADVISORY COMMITTEE.
(a) Establishment.--There is established an advisory committee to
be known as the ``Full-Service Community Schools Advisory Committee''
(referred to in this section as the ``Advisory Committee'').
(b) Members.--The Advisory Committee shall consist of 4 members as
follows:
(1) The Attorney General (or the delegate of the Attorney
General).
(2) The Secretary of Agriculture (or the delegate of the
Secretary of Agriculture).
(3) The Secretary of Health and Human Services (or the
delegate of the Secretary of Health and Human Services).
(4) The Secretary of Labor (or the delegate of the
Secretary of Labor).
(c) Duties.--Subject to subsection (d), the Advisory Committee
shall--
(1) consult with the Secretary on the development and
implementation of programs under this Act;
(2) identify strategies to improve the coordination of
Federal programs in support of full-service community schools;
and
(3) issue an annual report to Congress on efforts under
this Act.
(d) Consultation.--In carrying out its duties under this section,
the Advisory Committee shall consult annually with eligible entities
awarded grants under section 4, State collaboratives awarded grants
under section 5, and other entities with expertise in operating full-
service community schools.
SEC. 7. GENERAL PROVISIONS.
(a) Technical Assistance.--The Secretary, directly or through
grants, shall provide such technical assistance as may be appropriate
to accomplish the purposes of this Act.
(b) Evaluations by Secretary.--The Secretary shall conduct
evaluations on the effectiveness of grants awarded under sections 4 and
5 in achieving the purposes of this Act.
(c) Evaluations by Grantees.--The Secretary shall require each
recipient of a grant under this Act--
(1) to conduct periodic evaluations of the progress
achieved with the grant toward carrying out the purposes of
this Act;
(2) to use such evaluations to refine and improve the
activities conducted under the grant and the performance
measures for such activities; and
(3) to make the results of such evaluations publicly
available and to provide public notice of such availability.
(d) Supplement, Not Supplant.--Funds made available to a grant
recipient under this Act shall be used to supplement and not supplant
any other Federal, State, or local funds that would otherwise be
available to carry out the activities assisted under this Act.
(e) Matching Funds.--
(1) In general.--Subject to paragraph (4), the Secretary
shall require each recipient of a grant under this Act to
provide matching funds from non-Federal sources in an amount
determined under paragraph (2).
(2) Determination of amount of match.--
(A) Sliding scale.--Subject to subparagraph (B),
the Secretary shall determine the amount of matching
funds to be required under this subsection of a grant
recipient under this Act based on a sliding fee scale
that takes into account--
(i) the relative poverty of the population
to be targeted by the grant recipient; and
(ii) the ability of the grant recipient to
obtain such matching funds.
(B) Maximum amount.--The Secretary shall not
require a recipient of a grant under this Act to
provide matching funds in an amount that exceeds the
amount of the grant funds awarded to the grant
recipient.
(3) In-kind contributions.--The Secretary shall permit a
grant recipient under this Act to match funds in whole or in
part with in-kind contributions.
(4) Consideration.--Notwithstanding this subsection, the
Secretary shall not consider an applicant's ability to match
funds when determining which applicants will receive grants
under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $200,000,000 for fiscal year 2005, and such sums as may be
necessary for each of fiscal years 2006 through 2009.
(b) Allocation.--Of the amounts appropriated to carry out this Act
for each fiscal year--
(1) 75 percent shall be available to carry out section 4;
(2) 20 percent shall be available to carry out section 5;
and
(3) of the remaining 5 percent, not less than $500,000
shall be for technical assistance under section 7(a). | Full-Service Community Schools Act of 2004 - Authorizes the Secretary of Education to award grants to: (1) eligible entities to assist public elementary or secondary schools to function as full-service community schools; and (2) State collaboratives to support development of full-service community school programs.
Requires such schools to: (1) participate in community-based efforts to coordinate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (2) provide access to such services to students, families, and the community.
Gives local grant priority to entities that: (1) will serve at least one school eligible for schoolwide programs under specified provisions of the Elementary and Secondary Education Act of 1965, and more than one full-service community school as part of a community or districtwide strategy; and (2) demonstrate a record of effectiveness in integrating at least three of various qualified services.
Establishes a Full-Service Community Schools Advisory Committee. | {"src": "billsum_train", "title": "A bill to award grants for the support of full-service community schools, and for other purposes."} | 2,922 | 201 | 0.645741 | 1.77506 | 0.908148 | 4.464646 | 14.621212 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bear Protection Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) all 8 extant species of bear--Asian black bear, brown
bear, polar bear, American black bear, spectacled bear, giant
panda, sun bear, and sloth bear--are listed on Appendix I or II
of the Convention on International Trade in Endangered Species
of Wild Fauna and Flora (27 UST 1087; TIAS 8249) (referred to
in this section as ``CITES'');
(2) Article XIV of CITES provides that Parties to CITES may
adopt stricter domestic measures regarding the conditions for
trade, taking, possession, or transport of species on Appendix
I or II, and the Parties to CITES adopted a resolution (Conf.
10.8) urging Parties to take immediate action to demonstrably
reduce the illegal trade in bear parts and derivatives;
(3) the Asian bear populations have declined significantly
in recent years, as a result of habitat loss and poaching due
to a strong demand for bear viscera used in traditional
medicines and cosmetics;
(4) Federal and State undercover operations have revealed
that American bears have been poached for their viscera;
(5) while most American black bear populations are
generally stable or increasing, commercial trade could
stimulate poaching and threaten certain populations if the
demand for bear viscera increases; and
(6) prohibitions against the importation into the United
States and exportation from the United States, as well as
prohibitions against the interstate trade, of bear viscera and
products containing, or labeled or advertised as containing,
bear viscera will assist in ensuring that the United States
does not contribute to the decline of any bear population as a
result of the commercial trade in bear viscera.
SEC. 3. PURPOSES.
The purpose of this Act is to ensure the long-term viability of the
world's 8 bear species by--
(1) prohibiting international trade in bear viscera and
products containing, or labeled or advertised as containing,
bear viscera;
(2) encouraging bilateral and multilateral efforts to
eliminate such trade; and
(3) ensuring that adequate Federal legislation exists with
respect to domestic trade in bear viscera and products
containing, or labeled or advertised as containing, bear
viscera.
SEC. 4. DEFINITIONS.
In this Act:
(1) Bear viscera.--The term ``bear viscera'' means the body
fluids or internal organs, including the gallbladder and its
contents but not including blood or brains, of a species of
bear.
(2) Import.--The term ``import'' means to land on, bring
into, or introduce into any place subject to the jurisdiction
of the United States, whether or not the landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
(3) Person.--The term ``person'' means--
(A) an individual, corporation, partnership, trust,
association, or other private entity;
(B) an officer, employee, agent, department, or
instrumentality of--
(i) the Federal Government;
(ii) any State, municipality, or political
subdivision of a State; or
(iii) any foreign government;
(C) a State, municipality, or political subdivision
of a State; and
(D) any other entity subject to the jurisdiction of
the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, American Samoa, and any other territory, commonwealth,
or possession of the United States.
(6) Transport.--The term ``transport'' means to move,
convey, carry, or ship by any means, or to deliver or receive
for the purpose of movement, conveyance, carriage, or shipment.
SEC. 5. PROHIBITED ACTS.
(a) In General.--Except as provided in subsection (b), a person
shall not--
(1) import into, or export from, the United States bear
viscera or any product, item, or substance containing, or
labeled or advertised as containing, bear viscera; or
(2) sell or barter, offer to sell or barter, purchase,
possess, transport, deliver, or receive, in interstate or
foreign commerce, bear viscera or any product, item, or
substance containing, or labeled or advertised as containing,
bear viscera.
(b) Exception for Wildlife Law Enforcement Purposes.--A person
described in subparagraph (B) or (C) of section 4(3) may import into,
or export from, the United States, or transport between States, bear
viscera or any product, item, or substance containing, or labeled or
advertised as containing, bear viscera if the importation, exportation,
or transportation--
(1) is solely for wildlife law enforcement purposes; and
(2) is authorized by a valid permit issued under Appendix I
or II of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249), in
any case in which such a permit is required under the
Convention.
SEC. 6. PENALTIES AND ENFORCEMENT.
(a) Criminal Penalties.--A person that knowingly violates section 5
shall be fined under title 18, United States Code, imprisoned not more
than 1 year, or both.
(b) Civil Penalties.--
(1) Amount.--A person that knowingly violates section 5 may
be assessed a civil penalty by the Secretary of not more than
$25,000 for each violation.
(2) Manner of assessment and collection.--A civil penalty
under this subsection shall be assessed, and may be collected,
in the manner in which a civil penalty under the Endangered
Species Act of 1973 may be assessed and collected under section
11(a) of that Act (16 U.S.C. 1540(a)).
(c) Products, Items, and Substances.--Any bear viscera, or any
product, item, or substance sold, imported, or exported, or attempted
to be sold, imported, or exported, in violation of this section
(including any regulation issued under this section) shall be seized
and forfeited to the United States.
(d) Regulations.--After consultation with the Secretary of the
Treasury, the Secretary of Health and Human Services, and the United
States Trade Representative, the Secretary shall issue such regulations
as are necessary to carry out this section.
(e) Enforcement.--The Secretary, the Secretary of the Treasury, and
the Secretary of the department in which the Coast Guard is operating
shall enforce this section in the manner in which the Secretaries carry
out enforcement activities under section 11(e) of the Endangered
Species Act of 1973 (16 U.S.C. 1540(e)).
(f) Use of Penalty Amounts.--Amounts received as penalties, fines,
or forfeiture of property under this section shall be used in
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).
SEC. 7. DISCUSSIONS CONCERNING TRADE PRACTICES.
The Secretary and the Secretary of State shall discuss issues
involving trade in bear viscera with the appropriate representatives of
countries trading with the United States that are determined by the
Secretary and the United States Trade Representative to be the leading
importers, exporters, or consumers of bear viscera, and attempt to
establish coordinated efforts with the countries to protect bears.
SEC. 8. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary, in cooperation with appropriate State agencies, shall submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Resources of the House of Representatives a report
detailing the progress of efforts to end the illegal trade in bear
viscera. | Bear Protection Act of 1999 - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, or purchasing, possessing, transporting, delivering, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Waives such prohibition for wildlife law enforcement purposes where a valid permit has been issued.
Requires the Secretary of the Interior and the Secretary of State to discuss issues involving such trade with the appropriate representatives of countries that are the leading importers, exporters, or consumers of such products. Requires the Secretary of the Interior to report to Congress on the progress of efforts to end illegal trade in bear viscera. | {"src": "billsum_train", "title": "Bear Protection Act of 1999"} | 1,839 | 178 | 0.608757 | 1.833965 | 0.726278 | 2.562092 | 10.627451 | 0.810458 |
SECTION 1. REVISION OF TITLE XII.
Title XII of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8501 et seq.) is amended to read as follows:
``SEC. 12001. FINDINGS.
``The Congress finds the following:
``(1) There are 52,700,000 students in 88,223 elementary
and secondary schools across the United States. The current
Federal expenditure for education infrastructure is
$12,000,000. The Federal expenditure per enrolled student for
education infrastructure is 23 cents. An appropriation of
$22,000,000,000 would result in a Federal expenditure for
education infrastructure of $417 per student per fiscal year.
``(2) The General Accounting Office in 1995 reported that
the Nation's elementary and secondary schools need
approximately $112,000,000,000 to repair or upgrade facilities.
Increased enrollments and continued building decay has raised
this need to an estimated $200,000,000,000. Local education
agencies, particularly those in central cities or those with
high minority populations, cannot obtain adequate financial
resources to complete necessary repairs or construction. These
local education agencies face an annual struggle to meet their
operating budgets.
``(3) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all public
school buildings need to be replaced. Almost one-third of such
buildings were built prior to World War II.
``(4) The majority of the schools in unsatisfactory
condition are concentrated in central cities and serve large
populations of poor or minority students.
``(5) In the large cities of America, numerous schools
still have polluting coal burning furnaces. Decaying buildings
threaten the health, safety, and learning opportunities of
students. A growing body of research has linked student
achievement and behavior to the physical building conditions
and overcrowding. Asthma and other respiratory illnesses exist
in above average rates in areas of coal burning pollution.
``(6) According to a study conducted by the General
Accounting Office in 1995, most schools are unprepared in
critical areas for the 21st century. Most schools do not fully
use modern technology and lack access to the information
superhighway. Schools in central cities and schools with
minority populations above 50 percent are more likely to fall
short of adequate technology elements and have a greater number
of unsatisfactory environmental conditions than other schools.
``(7) School facilities such as libraries and science
laboratories are inadequate in old buildings and have outdated
equipment. Frequently, in overcrowded schools, these same
facilities are utilized as classrooms for an expanding school
population.
``(8) Overcrowded classrooms have a dire impact on
learning. Students in overcrowded schools score lower on both
mathematics and reading exams than do students in schools with
adequate space. In addition, overcrowding in schools negatively
affects both classroom activities and instructional techniques.
Overcrowding also disrupts normal operating procedures, such as
lunch periods beginning as early as 10 a.m. and extending into
the afternoon; teachers being unable to use a single room for
an entire day; too few lockers for students, and jammed
hallways and restrooms which encourage disorder and rowdy
behavior.
``(9) School modernization for information technology is an
absolute necessity for education for a coming
CyberCivilization. The General Accounting Office has reported
that many schools are not using modern technology and many
students do not have access to facilities that can support
education into the 21st century. It is imperative that we now
view computer literacy as basic as reading, writing, and
arithmetic.
``(10) Both the national economy and national security
require an investment in school construction. Students educated
in modern, safe, and well-equipped schools will contribute to
the continued strength of the American economy and will ensure
that our Armed Forces are the best trained and best prepared in
the world. The shortage of qualified information technology
workers continues to escalate and presently many foreign
workers are being recruited to staff jobs in America. Military
manpower shortages of personnel capable of operating high tech
equipment are already acute in the Navy and increasing in other
branches of the Armed Forces.
``SEC. 12002. PURPOSE.
The purpose of this title is to provide Federal funds to enable
local educational agencies to finance the costs associated with the
construction, repair, and modernization for information technology of
school facilities within their jurisdictions.
``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS.
``(a) Authority and Conditions for Grants.--
``(1) In general.--To assist in the construction,
reconstruction, renovation, or modernization for information
technology of elementary and secondary schools, the Secretary
shall make grants of funds to State educational agencies for
the construction, reconstruction, or renovation, or for
modernization for information technology, of such schools.
``(2) Formula for allocation.--From the amount appropriated
under section 12006 for any fiscal year, the Secretary shall
allocate to each State an amount that bears the same ratio to
such appropriated amount as the number of school-age children
in such State bears to the total number of school-age children
in all the States. The Secretary shall determine the number of
school-age children on the basis of the most recent
satisfactory data available to the Secretary.
``(b) Conditions for Receipt of Grants.--
``(1) Applications.--In order to receive a grant under this
title, a State shall submit to the Secretary an application
containing or accompanied by such information and assurances as
the Secretary may require. Such applications shall specify the
method by which the State educational agency will allocate
funds to local educational agencies and the procedures by which
projects will be selected for funding. Such applications shall
contain assurances that such funds will only be provided if the
State educational agency finds that such constructions will be
undertaken in an economical manner, and that any such
construction, reconstruction, renovation, or modernization is
not or will not be of elaborate or extravagant design or
materials.
``(2) Priorities.--In approving projects for funding under
this title, the State educational agency shall consider--
``(A) the threat the condition of the physical
plant poses to the safety and well-being of students;
``(B) the demonstrated need for the construction,
reconstruction, renovation, or modernization as based
on the condition of the facility;
``(C) the age of the facility to be renovated or
replaced; and
``(D) the needs related to preparation for modern
technology.
``(c) Amount and Condition of Grants.--A grant to a local
educational agency may be in an amount not exceeding the total cost of
the facility construction, reconstruction, renovation, or modernization
for information technology, as determined by the State educational
agency.
``SEC. 12004. GENERAL PROVISIONS.
``The Secretary shall take such action as may be necessary to
ensure that all laborers and mechanics employed by contractors or
subcontractors on any project assisted under this part--
``(1) shall be paid wages at rates not less than those
prevailing on the same type of work on similar construction in
the immediate locality as determined by the Secretary of Labor
in accordance with the Act of March 31, 1931 (Davis-Bacon Act),
as amended; and
``(2) shall be employed not more than 40 hours in any 1
week unless the employee receives wages for the employee's
employment in excess of the hours specified in paragraph (1) at
a rate not less than one and one-half times the regular rate at
which the employee is employed;
but the Secretary may waive the application of this subsection in cases
or classes or cases where laborers or mechanics, not otherwise employed
at any time in the construction of such project, voluntarily donate
their services without full compensation for the purpose of lowering
the costs of construction and the Secretary determines that any amounts
saved thereby are full credited to the educational institution
undertaking the construction.
``SEC. 12005. DEFINITIONS.
``As used in this title:
``(1) School.--The term `school' means structures suitable
for use as classrooms, laboratories, libraries, and related
facilities, the primary purpose of which is the instruction of
elementary and secondary school students.
``(2) State.--The term State includes the several States of
the United States and the District of Columbia.
``SEC. 12006. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title,
$11,000,000,000 for fiscal year 2000 and a sum no less than this amount
for each of the 9 succeeding fiscal years.''. | Sets forth wage requirements for such projects, including Davis-Bacon Act compliance and overtime; but allows exceptions for certain workers who voluntarily donate their services without full compensation.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend title XII of the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools."} | 1,839 | 45 | 0.279469 | 0.753473 | -0.345739 | 1.666667 | 49.361111 | 0.666667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth and Price Stability
Act of 1999''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--The Congress finds that--
(1) during periods of inflation, the United States has
experienced a deterioration in its potential economic growth;
(2) a decline in inflation has been a crucial factor in
encouraging recent robust economic growth;
(3) stable prices facilitate higher sustainable levels of
economic growth, investment, and job creation;
(4) the multiple policy goals of the Full Employment and
Balanced Growth Act of 1978 cause confusion and ambiguity about
the appropriate role and aims of monetary policy, which can add
to volatility in economic activity and financial markets,
harming economic growth and costing workers jobs;
(5) recognizing the dangers of inflation and the
appropriate role of monetary policy, political leaders in
countries throughout the world have directed the central banks
of those countries to institute reforms that focus monetary
policy on the single objective of price stability, rather than
on multiple policy goals;
(6) there is a need for the Congress to clarify the proper
role of the Board of Governors of the Federal Reserve System in
economic policymaking, in order to achieve the best environment
for long-term economic growth and job creation; and
(7) because price stability is a key condition for
maintaining the highest possible levels of productivity, real
incomes, living standards, employment, and global
competitiveness, price stability should be the primary long-
term goal of the Board of Governors of the Federal Reserve
System.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) the principal economic responsibilities of the
Government are to establish and ensure an environment that is
conducive to both long-term economic growth and increases in
living standards, by establishing and maintaining free markets,
low taxes, respect for private property, and the stable, long-
term purchasing power of the United States currency; and
(2) the primary long-term goal of the Board of Governors of
the Federal Reserve System (hereafter in this Act referred to
as the ``Board'') should be to promote price stability.
SEC. 3. MONETARY POLICY.
(a) Amendment to the Federal Reserve Act.--Section 2A of the
Federal Reserve Act (12 U.S.C. 225a) is amended to read as follows:
``SEC. 2A. MONETARY POLICY.
``(a) Price Stability.--The Board and the Federal Open Market
Committee (hereafter in this section referred to as the `Committee')
shall--
``(1) establish an explicit numerical definition of the
term `price stability'; and
``(2) maintain a monetary policy that effectively promotes
long-term price stability.
``(b) Congressional Consultation.--Not later than February 20 and
July 20 of each year, the Board shall consult with the Congress at
semiannual hearings before the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Banking and Financial
Services of the House of Representatives, about the objectives and
plans of the Board and the Committee with respect to achieving and
maintaining price stability.
``(c) Congressional Oversight.--The Board shall, concurrent with
each semiannual hearing required by subsection (b), submit a written
report to the Congress containing--
``(1) numerical measures to help assess the extent to which
the Board and the Committee are achieving and maintaining price
stability in accordance with subsection (a);
``(2) a description of the intermediate variables used by
the Board to gauge the prospects for achieving the objective of
price stability; and
``(3) the definition, or any modifications thereto, of
`price stability' established in accordance with subsection
(a)(1).''.
(b) Compliance Estimate.--
(1) In general.--Concurrent with the first semiannual
hearing required by section 2A(b) of the Federal Reserve Act
(as amended by subsection (a) of this section) following the
date of enactment of this Act, the Board shall submit to the
Congress a written estimate of the length of time it will take
for the Board and the Committee to fully achieve price
stability. The Board and the Committee shall take into account
any potential short-term effects on employment and output in
complying with the goal of price stability.
(2) Definitions.--For purposes of this section--
(A) the term ``Board'' means the Board of Governors
of the Federal Reserve System; and
(B) the term ``Committee'' means the Federal Open
Market Committee.
SEC. 4. REPEAL OF OBSOLETE PROVISIONS.
(a) Full Employment and Balanced Growth Act of 1978.--The Full
Employment and Balanced Growth Act of 1978 (15 U.S.C. 3101 et seq.) is
repealed.
(b) Employment Act of 1946.--The Employment Act of 1946 (15 U.S.C.
1021 et seq.) is amended--
(1) in section 3 (15 U.S.C. 1022)--
(A) in the section heading, by striking ``and
short-term economic goals and policies'';
(B) by striking ``(a)''; and
(C) by striking ``in accord with section 11(c) of
this Act'' and all that follows through the end of the
section and inserting ``in accordance with section
5(c).'';
(2) in section 9(b) (15 U.S.C. 1022f(b)), by striking ``,
the Full Employment and Balanced Growth Act of 1978,'';
(3) in section 10 (15 U.S.C. 1023)--
(A) in subsection (a), by striking ``in the light
of the policy declared in section 2'';
(B) in subsection (e)(1), by striking ``section 9''
and inserting ``section 3''; and
(C) in the matter immediately following paragraph
(2) of subsection (e), by striking ``and the Full
Employment and Balanced Growth Act of 1978'';
(4) by striking section 2;
(5) by striking sections 4 through 8; and
(6) by redesignating sections 3, 9, 10, and 11 as sections
2 through 5, respectively.
(c) Congressional Budget Act of 1974.--Title III of the
Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended--
(1) in section 301--
(A) in subsection (b), by striking paragraph (1)
and redesignating paragraphs (2) through (9) as
paragraphs (1) through (8), respectively;
(B) in subsection (d), in the second sentence, by
striking ``the fiscal policy'' and all that follows
through the end of the sentence and inserting ``fiscal
policy.'';
(C) in subsection (e)(1), in the second sentence,
by striking ``as to short-term and medium-term goals'';
and
(D) by striking subsection (f) and inserting the
following:
``(f) [Reserved.]''; and
(2) in section 305--
(A) in subsection (a)(3), by inserting before the
period at the end ``, as described in section 2 of the
Economic Growth and Price Stability Act of 1999'';
(B) in subsection (a)(4)--
(i) by striking ``House sets forth the
economic goals'' and all that follows through
``designed to achieve,'' and inserting ``House
of Representatives sets forth the economic
goals and policies, as described in section 2
of the Economic Growth and Price Stability Act
of 1999,''; and
(ii) by striking ``such goals,'' and all
that follows through the end of the paragraph
and inserting ``such goals and policies.'';
(C) in subsection (b)(3), by inserting before the
period at the end ``, as described in section 2 of the
Economic Growth and Price Stability Act of 1999''; and
(D) in subsection (b)(4)--
(i) by striking ``goals (as'' and all that
follows through ``designed to achieve,'' and
inserting ``goals and policies, as described in
section 2 of the Economic Growth and Price
Stability Act of 1999,''; and
(ii) by striking ``such goals,'' and all
that follows through the end of the paragraph
and inserting ``such goals and policies.''. | Repeals the mandate of the Board and the Committee to report biannually to the Congress on national economic trends, taking into account unemployment, investment, and productivity. Replaces such mandate with a mandate to consult semiannually with Congress, and to report on their plans and the time required to achieve price stability.
Repeals the Full Employment and Balanced Growth Act of 1978 (Humphrey-Hawkins Act). Amends the Employment Act of 1946 and the Congressional Budget Act of 1974 to reflect the provisions of this Act. | {"src": "billsum_train", "title": "Economic Growth and Price Stability Act of 1999"} | 1,900 | 115 | 0.457518 | 1.257245 | 0.525107 | 2.65625 | 18.541667 | 0.822917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Royalty Fairness Act of 2015''.
SEC. 2. VALUATION OF COAL ROYALTIES.
Section 7 of the Mineral Leasing Act (30 U.S.C. 207) is amended--
(1) in subsection (a), by striking the fourth sentence; and
(2) by adding at the end the following:
``(d) Royalties.--
``(1) Definitions.--In this subsection:
``(A) Assessment value.--
``(i) In general.--The term `assessment
value', with respect to Federal coal, means--
``(I) the price of Federal coal
paid by the purchaser at final sale; or
``(II) a price imputed by the
Secretary based on the coal price
index.
``(ii) Exclusions.--The term `assessment
value' does not include, as determined and to
the extent determined to be appropriate by the
Secretary--
``(I) transportation costs, as
determined in accordance with the
transportation cost index; or
``(II) the cost of coal washing.
``(B) Broker.--The term `broker' means a person
that resells Federal coal.
``(C) Coal price index.--The term `coal price
index' means the schedule of average market prices of
Federal coal (in United States dollars) paid by the
purchaser at final sale, based on the quality and type
of the Federal coal, as determined by the Secretary, in
consultation with the Administrator of the Energy
Information Administration.
``(D) Purchaser.--
``(i) In general.--The term `purchaser'
means a person that--
``(I) purchases or contracts to
purchase Federal coal--
``(aa) directly from a coal
mine operator; or
``(bb) indirectly from a
broker; and
``(II) uses that Federal coal in
any industrial or energy conversion
process.
``(ii) Exclusion.--The term `purchaser'
does not include--
``(I) a coal broker; or
``(II) any other third-party
intermediary.
``(E) Quality.--The term `quality', with respect to
Federal coal, means the quality of Federal coal
measured in British thermal units, sulfur, moisture,
and other criteria determined to be appropriate by the
Secretary.
``(F) Secretary.--The term `Secretary' means the
Secretary of the Interior.
``(G) Transportation cost index.--The term
`transportation cost index' means the transportation
cost index established under paragraph (7).
``(H) Type.--The term `type', with respect to
Federal coal, means a general category of coal, such as
metallurgical coal or steam coal, as determined by the
Secretary.
``(2) Payment rate.--
``(A) In general.--Except as provided in
subparagraph (B), a lease shall require payment of a
royalty in such amount as the Secretary shall determine
of not less than 12.5 percent of the assessment value
of Federal coal, as determined under paragraph (3).
``(B) Exception.--In lieu of the royalty payment
rate described in subparagraph (A), the Secretary may
establish such lower royalty payment rate as the
Secretary determines to be appropriate in the case of
Federal coal recovered by an underground mining
operation.
``(3) Valuation for royalties.--Not later than 1 year after
the date of enactment of this subsection, the Secretary shall
establish, as the valuation for Federal coal royalties, the
assessment value of Federal coal.
``(4) Administration.--
``(A) Reporting.--The purchaser of Federal coal
shall annually submit to the Secretary a report
containing such information as the Secretary determines
to be necessary to carry out this subsection.
``(B) Audits.--To carry out this subsection, the
Secretary may examine the records of any person engaged
in the purchase, sale, transportation, or marketing of
Federal coal.
``(5) Coal price index.--
``(A) In general.--The Secretary shall compile the
assessment values of coal by type and quality of coal
in a coal price index.
``(B) Publication.--Not less frequently than
quarterly, the Secretary shall publish the coal price
index, along with a methodological description,
including--
``(i) the method of calculation;
``(ii) the data used to calculate the coal
price index in an aggregate manner that does
not reveal proprietary information; and
``(iii) any other information the Secretary
considers appropriate to ensure transparency.
``(C) Other information.--If a person believes that
the coal price index significantly deviates from the
assessment value of the coal produced by the person,
the person may petition the Secretary to use
information supplied by the person in lieu of the coal
price index, including all information the Secretary
requires to accurately determine the assessment value
and audit the records of the person.
``(6) Exports.--
``(A) In general.--In assessing royalties for the
export of Federal coal under this subsection, the
Secretary may obtain from the exporter of the Federal
coal such information as the Secretary determines to be
necessary to carry out this subsection.
``(B) Assessment value of exported coal.--Subject
to subparagraph (C), in determining the assessment
value of Federal coal that is exported, the Secretary
shall--
``(i) use the price of coal free on board
the marine vessel used to transport the coal
overseas at the port of origin; and
``(ii) limit any deductions that apply to
the assessment value of the Federal coal to
costs incurred prior to being free onboard the
vessel.
``(C) Uncertain export price.--If the Secretary
cannot determine the value of exported coal in
accordance with subparagraph (B), the Secretary shall--
``(i) assess royalties under this
subsection based on the coal price index for
coal of a similar quantity and type; and
``(ii) limit any deductions that apply to
the assessment value of the Federal coal to
costs incurred within the contiguous United
States.
``(7) Transportation cost index.--
``(A) In general.--Subject to the other provisions
of this paragraph, the Secretary, in consultation with
the Secretary of Energy and the Secretary of
Transportation (in consultation with the Surface
Transportation Board and others), shall--
``(i) compile in a transportation cost
index the average costs of transporting coal;
and
``(ii) determine the amount of any
transportation cost deduction under this
subsection, on the basis of the transportation
cost index.
``(B) Unit of measurement.--The transportation cost
index shall be based on the average transportation
costs per ton of coal or another unit of measurement
determined by the Secretary.
``(C) Differences in transportation costs.--The
transportation cost index shall take into consideration
differences in the costs of transportation, as
determined by the Secretary, based on--
``(i) the mode of transportation;
``(ii) the geographic region, and
``(iii) other characteristics of the
transportation industry that the Secretary
considers to be necessary to calculate a fair,
transparent, and accurate transportation cost
index.
``(D) Exclusions.--The transportation cost index
shall not include costs associated with, as determined
by the Secretary--
``(i) take-or-pay contract penalties;
``(ii) liquidated damages;
``(iii) the speculative aspects of
transportation transactions; or
``(iv) any other costs that are not
directly associated with moving Federal coal
from 1 location to another location.
``(E) Publication.--Not less than twice annually,
the Secretary shall publish the transportation cost
index, along with a methodological description,
including--
``(i) the method of calculation;
``(ii) the data used to calculate the
transportation cost index, in an aggregate
manner that does not reveal proprietary
information; and
``(iii) any other information the Secretary
considers to be appropriate to ensure
transparency.
``(F) Other information.--If a person believes that
the transportation cost index significantly deviates
from the transportation costs of the person, the person
may petition the Secretary to use information supplied
by the person (other than costs descried in
subparagraph (D)) in lieu of the transportation cost
index, including all information the Secretary requires
to accurately determine cost and audit the records of
the person.
``(8) Reviews.--
``(A) In general.--To ensure a transparent, fair,
and efficient administration of the Federal coal
program, and to ensure that citizens of the United
States receive a fair return on Federal coal, not later
than 3 years after the date of enactment of this
subsection and every 3 years thereafter during the 15-
year period beginning on that date of enactment, the
Comptroller General of the United States shall submit
to Congress a report that describes a review of the
Federal coal program, including the administration of
this subsection.
``(B) Consultation.--In conducting a review under
this paragraph, the Comptroller General shall consult
with--
``(i) the Secretary;
``(ii) the Director of the Bureau of Land
Management;
``(iii) the Secretary of Transportation;
and
``(iv) the Secretary of Energy.
``(C) Inclusions.--A review under this paragraph
shall include a review of--
``(i) the total volume of coal production
from Federal land;
``(ii) the total volume of remaining coal
reserves on Federal land;
``(iii) the total revenues generated from
the Federal coal program, itemized by type of
revenue, including lease bonus payments and
royalties;
``(iv) market prices for coal;
``(v) market prices for transportation
costs and any other deductible costs; and
``(vi) the appropriateness of royalty
rates.
``(D) Format.--The Comptroller General shall report
information in a review under this paragraph--
``(i) in the aggregate for the United
States; and
``(ii) categorized by State for at least
the top 10 Federal coal-producing States, as
determined by the Comptroller General.
``(9) Application.--This subsection--
``(A) applies to coal mined from Federal land; and
``(B) does not apply to coal mined from tribal
land.''. | Coal Royalty Fairness Act of 2015 Amends the Mineral Leasing Act to require the coal lease royalty to be at least 12.5% of the assessment value of federal coal (currently, 12.5% of the value of coal as defined by regulation), which value shall be established by the Secretary of the Interior within one year after enactment of this Act. Defines "assessment value" as: (1) the price of federal coal paid by the purchaser at final sale, or (2) a price imputed by the Secretary based on the coal price index. Defines "coal price index" as the schedule of average market prices of federal coal paid by the purchaser at final sale, based on the quality and type of the federal coal, as determined by the Secretary. Directs the purchaser of federal coal to annually submit a report containing such information as the Secretary determines necessary to carry out this Act. Authorizes the Secretary to examine the records of any person engaged in the purchase, sale, transportation, or marketing of federal coal. Directs the Secretary to: (1) compile the assessment values of coal by type and quality of coal in the coal price index, and (2) publish such index at least quarterly. Sets forth provisions regarding: (1) determining and assessing royalties for the export of federal coal, (2) compiling in a transportation cost index the average costs of transporting coal, and (3) determining the amount of any applicable transportation cost deduction on the basis of such index. Requires the Secretary to publish such index at least twice annually. Requires the Comptroller General to report to Congress every 3 years over a 15-year period on a review of the federal coal program. | {"src": "billsum_train", "title": "Coal Royalty Fairness Act of 2015"} | 2,366 | 365 | 0.635911 | 1.849712 | 0.75051 | 3.863222 | 6.753799 | 0.920973 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) American society has long been known for being a
``melting pot'', boasting citizens from all countries and
continents across the world.
(2) After reaching America's shores, naturalized United
States citizens and aliens lawfully admitted for permanent
residence have taken advantage of educational and
entrepreneurial opportunities thereby allowing these
individuals to contribute to the economic and cultural riches
that define our great Nation.
(3) Many of these new Americans still have connections to
their countries of origin--forming community, educational,
religious, and other organizations in the United States that
continue to tie them to their homelands. These new Americans
send remittances that total more than $70,000,000,000 per year
to help loved ones abroad sustain dreams and build new ones.
(4) At a time when the events of September 11, 2001, have
resulted in new and different security concerns for the United
States, it is critical that every attempt be made to better
understand those foreign countries that receive United States
assistance.
(5) Due to national security implications, the United
States Government can no longer afford to conduct foreign
policy without the benefit of engagement of foreign countries,
including on a cultural, social, technical, and economic basis.
(6) Naturalized United States citizens and aliens lawfully
admitted for permanent residence should be encouraged to use
the same skills that they have contributed to the development
of the United States toward the development of their countries
of origin in order to--
(A) take part in introducing or enhancing
democratic values abroad;
(B) capitalize on America's diversity to establish
strong cross-border relationships that can create
multilateral bonds for generations to come;
(C) utilize multilingual and multicultural segments
of American society to ease and reduce costs for
project transitions in foreign countries; and
(D) encourage long-term sustainable development in
foreign countries in which such development has been
difficult to obtain.
(7) Currently, projects under many foreign assistance
programs do not involve naturalized United States citizens or
aliens lawfully admitted for permanent residence who are from
the recipient country in leadership roles in the planning,
design, and implementation of the projects, and consequently--
(A) project leaders often do not transfer critical
skills to individuals in the recipient country, making
it difficult for long term development to take place;
and
(B) increased costs relating to cultural adjustment
often occur that might not occur if individuals
originally from the recipient country were involved in
the projects.
(8) Because many United States Government departments and
agencies face management constraints that make it necessary to
bundle projects and activities for foreign countries under
``Mega'' contracts and grants, it has become increasingly
difficult for smaller United States organizations and
businesses owned or controlled by naturalized United States
citizens, or aliens lawfully admitted for permanent residence,
who are from such foreign countries to compete to carry out
those projects and activities.
(9) To encourage the transference of skills, knowledge, and
democratic values that will lead to long-term sustainable
development and require fewer transition costs, special
preferences should be given to naturalized United States
citizens, or aliens lawfully admitted for permanent residence,
who are seeking United States foreign assistance funding for
projects in their countries of origin.
SEC. 2. REQUIREMENT TO PROVIDE DEVELOPMENT AND HUMANITARIAN ASSISTANCE
FUNDS TO FOREIGN COUNTRIES THROUGH UNITED STATES ENTITIES
OWNED OR CONTROLLED BY INDIVIDUALS FROM THOSE FOREIGN
COUNTRIES.
Notwithstanding any other provision of law, up to 10 percent of
funds made available to each Federal department and agency for any
fiscal year (beginning with fiscal year 2005) to carry out United
States development assistance or humanitarian assistance programs shall
be made available to foreign countries through the activities of United
States organizations or businesses that are owned or controlled by
naturalized United States citizens, or aliens lawfully admitted for
permanent residence, who are from such foreign countries.
SEC. 3. REPORT.
Not later than January 1 of each year, the President shall prepare
and transmit to the appropriate congressional committees a report that
contains a description of the implementation of section 3 for the
preceding fiscal year. Each such report shall specify the number and
dollar value or amount (as the case may be) of prime contracts,
subcontracts, grants, and cooperative agreements awarded to
organizations and individuals described in such section during the
preceding fiscal year.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) United states development assistance or humanitarian
assistance programs.--The term ``United States development
assistance or humanitarian assistance programs'' means programs
to provide development assistance or humanitarian assistance
under major budget functional category 150 (relating to
International Affairs), including programs under--
(A) chapter 1 of part I of the Foreign Assistance
Act of 1961 (relating to development assistance);
(B) chapter 10 of part I of that Act (relating to
the Development Fund for Africa);
(C) chapter 11 of part I of that Act (relating to
assistance for the independent states of the former
Soviet Union);
(D) chapter 12 of part I of that Act (relating to
assistance for the countries of the South Caucasus and
Central Asia region);
(E) chapter 4 of part II of that Act (relating to
the Economic Support Fund); or
(F) the Support for East European Democracy (SEED)
Act of 1989. | Requires up to ten percent of funds made available to Federal departments and agencies for U.S. development or humanitarian assistance programs in any fiscal year to be made available to foreign countries through U.S. organizations or businesses that are owned or controlled by naturalized U.S. citizens or lawful permanent residents from those countries. | {"src": "billsum_train", "title": "To require funds made available to each Federal department and agency for United States development or humanitarian assistance programs to be made available to foreign countries through the activities of United States organizations or businesses that are owned or controlled by naturalized United States citizens, or aliens lawfully admitted for permanent residence, who are from those foreign countries."} | 1,175 | 70 | 0.426505 | 1.093582 | 0.724212 | 3.685185 | 21.574074 | 0.87037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Redevelopment
Enhancement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) returning the Nation's brownfield sites to productive
economic use could generate more than 550,000 additional jobs
and up to $2,400,000,000 in new tax revenues for cities and
towns;
(2) redevelopment of brownfield sites and reuse of
infrastructure at such sites will protect natural resources and
open spaces;
(3) lack of funding for redevelopment is a primary obstacle
impeding the reuse of brownfield sites;
(4) the Department of Housing and Urban Development is the
agency of the Federal Government that is principally
responsible for supporting community development and
encouraging productive land use in urban areas of the United
States;
(5) grants under the Brownfields Economic Development
Initiative of the Department of Housing and Urban Development
provide local governments with a flexible source of funding to
pursue brownfields redevelopment through land acquisition, site
preparation, economic development, and other activities;
(6) to be eligible for such grant funds, a community must
be willing to pledge community development block grant funds as
partial collateral for a loan guarantee under section 108 of
the Housing and Community Development Act of 1974, and this
requirement is a barrier to many local communities that are
unable or unwilling to pledge such block grant funds as
collateral; and
(7) by de-linking grants for brownfields development from
section 108 community development loan guarantees and the
related pledge of community development block grant funds, more
communities will have access to funding for redevelopment of
brownfield sites.
(b) Purposes.--The purpose of this Act is to provide cities and
towns with more flexibility for brownfields development, increased
accessibility to brownfields redevelopment funds, and greater capacity
to coordinate and collaborate with other government agencies--
(1) by providing additional incentives to invest in the
cleanup and development of brownfield sites; and
(2) by de-linking grants for brownfields development from
community development loan guarantees and the related pledge of
community development block grant funds.
SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following new
section:
``SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE.
``(a) In General.--The Secretary may make grants under this
section, on a competitive basis as specified in section 102 of the
Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545), only to eligible public entities (as such term is defined
in section 108(o) of this title) and Indian tribes for carrying out
projects and activities to assist the environmental cleanup and
development of brownfield sites, which shall include mine-scarred
lands.
``(b) Use of Grant Amounts.--Amounts from grants under this section
shall--
``(1) be used, as provided in subsection (a) of this
section, only for activities specified in section 108(a); and
``(2) be subject to the same requirements that, under
section 101(c) and paragraphs (2) and (3) of section 104(b),
apply to grants under section 106.
``(c) Availability of Assistance.--The Secretary shall not require,
for eligibility for a grant under this section, that such grant amounts
be used only in connection or conjunction with projects and activities
assisted with a loan guaranteed under section 108.
``(d) Applications.--Applications for assistance under this section
shall be in the form and in accordance with procedures as shall be
established by the Secretary.
``(e) Selection Criteria and Leveraging.--The Secretary shall
establish criteria for awarding grants under this section, which may
include the extent to which the applicant has obtained other Federal,
State, local, or private funds for the projects and activities to be
assisted with grant amounts and such other criteria as the Secretary
considers appropriate. Such criteria shall include consideration of the
appropriateness of the extent of financial leveraging involved in the
projects and activities to be funded with the grant amounts.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section such sums as may be
necessary for each of fiscal years 2004, 2005, 2006, 2007, and 2008.''.
SEC. 4. CLARIFICATION OF BROWNFIELDS REDEVELOPMENT AS ELIGIBLE CDBG
ACTIVITY.
(a) Technical Correction.--The penultimate proviso of the first
undesignated paragraph of the item relating to ``Community Development
Block Grants Fund'' in title II of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2887) shall be
treated as having amended section 105(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)) to read as such section was
in effect on September 30, 1995.
(b) Brownfields Redevelopment Activities.--Section 105(a) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)), as
in effect pursuant to subsection (a) of this section, is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(26) environmental cleanup and economic development
activities related to brownfield projects in conjunction with
the appropriate environmental regulatory agencies.''.
SEC. 5. PILOT PROGRAM FOR NATIONAL REDEVELOPMENT OF BROWNFIELDS.
Section 108(q) of the Housing and Community Development Act of
1974 (42 U.S.C. 5308(q)) is amended by adding at the end the following
new paragraph:
``(5) Pilot program for national redevelopment of
brownfields.--
``(A) In general.--Using any amounts made available
under this subsection, the Secretary may establish a
pilot program under which grants under this subsection
are used to develop, maintain, and administer
(including the payment of an entity or entities
selected pursuant to subparagraph (B)) a common loan
pool of development loans for brownfield redevelopment
projects made on behalf of eligible public entities
with the proceeds of obligations guaranteed under this
section, including related security and a common loans
loss reserve account, for the benefit of participants
in the pilot program.
``(B) Selection of program managers and
contractors.--The Secretary may select an entity or
entities on a competitive or noncompetitive basis to
carry out any of the functions involved in the pilot
program.
``(C) Terms for participation.--Participation by
eligible public entities in the pilot program shall be
under such terms and conditions as the Secretary may
require.
``(D) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary--
``(i) for grants under this subsection to
be used only in conjunction with the pilot
program under this paragraph; and
``(ii) for costs of carrying out the pilot
program under this paragraph and ensuring that
the program is carried out in an effective,
efficient, and viable manner.''.
SEC. 6. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG FUNDS TO ADMINISTER
RENEWAL COMMUNITIES.
Section 105(a)(13) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(13)) is amended by inserting ``and renewal
communities'' after ``enterprise zones''.
SEC. 7. APPLICABILITY.
The amendments made by this Act shall apply only with respect to
amounts made available for fiscal year 2004 and fiscal years thereafter
for use under the provisions of law amended by this Act. | (This measure has not been amended since it was introduced in the House on January 8, 2003. The summary of that version is repeated here.)Brownfields Redevelopment Enhancement Act - (Sec. 3) Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make grants (without certain otherwise-required loan guarantees) to eligible public entities and Indian tribes to assist in the environmental cleanup and economic development of brownfield sites including mine-scarred lands.(Sec. 4) Makes brownfields-related environmental cleanup and economic development activities eligible for community development block grant (CDBG) assistance.(Sec. 5) Authorizes: (1) the Secretary to establish a pilot program for national redevelopment of brownfields; and (2) appropriations for pilot program grants and related administrative costs.(Sec. 6) Authorizes CDBG use to administer renewal communities. | {"src": "billsum_train", "title": "To facilitate the provision of assistance by the Department of Housing and Urban Development for the cleanup and economic redevelopment of brownfields."} | 1,801 | 207 | 0.647126 | 2.05358 | 0.652419 | 2.421384 | 10.012579 | 0.836478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Health Protection and
Promotion Act''.
SEC. 2. SENSE OF CONGRESS ON PUBLIC HEALTH AND CLIMATE CHANGE.
It is the sense of the Congress that the Federal Government, in
cooperation with international, State, tribal, and local governments,
concerned public and private organizations, and citizens, should use
all practicable means and measures--
(1) to assist the efforts of public health and health care
professionals, first responders, States, tribes,
municipalities, and local communities to incorporate measures
to prepare health systems to respond to the impacts of climate
change;
(2) to ensure--
(A) that the Nation's health professionals have
sufficient information to prepare for and respond to
the adverse health impacts of climate change;
(B) the utility and value of scientific research in
advancing understanding of--
(i) the health impacts of climate change;
and
(ii) strategies to prepare for and respond
to the health impacts of climate change;
(C) the identification of communities vulnerable to
the health effects of climate change and the
development of strategic response plans to be carried
out by health professionals for those communities;
(D) the improvement of health status and health
equity through efforts to prepare for and respond to
climate change; and
(E) the inclusion of health policy in the
development of climate change responses;
(3) to encourage further research, interdisciplinary
partnership, and collaboration among stakeholders in order to--
(A) understand and monitor the health impacts of
climate change; and
(B) improve public health knowledge and response
strategies to climate change;
(4) to enhance preparedness activities, and public health
infrastructure, relating to climate change and health;
(5) to encourage each and every American to learn about the
impacts of climate change on health; and
(6) to assist the efforts of developing nations to
incorporate measures to prepare health systems to respond to
the impacts of climate change.
SEC. 3. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act in any manner limits the authority provided to
or responsibility conferred on any Federal department or agency by any
provision of any law (including regulations) or authorizes any
violation of any provision of any law (including regulations),
including any health, energy, environmental, transportation, or any
other law or regulation.
SEC. 4. NATIONAL STRATEGIC ACTION PLAN.
(a) Requirement.--
(1) In general.--The Secretary of Health and Human
Services, within 2 years after the date of the enactment of
this Act, on the basis of the best available science, and in
consultation pursuant to paragraph (2), shall publish a
strategic action plan to assist health professionals in
preparing for and responding to the impacts of climate change
on public health in the United States and other nations,
particularly developing nations.
(2) Consultation.--In developing or making any revision to
the national strategic action plan, the Secretary shall--
(A) consult with the Director of the Centers for
Disease Control and Prevention, the Administrator of
the Environmental Protection Agency, the Director of
the National Institutes of Health, the Secretary of
Energy, other appropriate Federal agencies, Indian
tribes, State and local governments, public health
organizations, scientists, and other interested
stakeholders; and
(B) provide opportunity for public input.
(b) Contents.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall assist
health professionals in preparing for and responding
effectively and efficiently to the health effects of climate
change through measures including--
(A) developing, improving, integrating, and
maintaining domestic and international disease
surveillance systems and monitoring capacity to respond
to health-related effects of climate change, including
on topics addressing--
(i) water, food, and vector borne
infectious diseases and climate change;
(ii) pulmonary effects, including responses
to aeroallergens;
(iii) cardiovascular effects, including
impacts of temperature extremes;
(iv) air pollution health effects,
including heightened sensitivity to air
pollution;
(v) hazardous algal blooms;
(vi) mental and behavioral health impacts
of climate change;
(vii) the health of refugees, displaced
persons, and vulnerable communities;
(viii) the implications for communities
vulnerable to health effects of climate change,
as well as strategies for responding to climate
change within these communities; and
(ix) local and community-based health
interventions for climate-related health
impacts;
(B) creating tools for predicting and monitoring
the public health effects of climate change on the
international, national, regional, State, and local
levels, and providing technical support to assist in
their implementation;
(C) developing public health communications
strategies and interventions for extreme weather events
and disaster response situations;
(D) identifying and prioritizing communities and
populations vulnerable to the health effects of climate
change, and determining actions and communication
strategies that should be taken to inform and protect
these communities and populations from the health
effects of climate change;
(E) developing health communication, public
education, and outreach programs aimed at public health
and health care professionals, as well as the general
public, to promote preparedness and response strategies
relating to climate change and public health, including
the identification of greenhouse gas reduction
behaviors that are health-promoting; and
(F) developing academic and regional centers of
excellence devoted to--
(i) researching relationships between
climate change and health;
(ii) expanding and training the public
health workforce to strengthen the capacity of
such workforce to respond to and prepare for
the health effects of climate change;
(iii) creating and supporting academic
fellowships focusing on the health effects of
climate change; and
(iv) training senior health ministry
officials from developing nations to strengthen
the capacity of such nations to--
(I) prepare for and respond to the
health effects of climate change; and
(II) build an international network
of public health professionals with the
necessary climate change knowledge
base;
(G) using techniques, including health impact
assessments, to assess various climate change public
health preparedness and response strategies on
international, national, State, regional, tribal, and
local levels, and make recommendations as to those
strategies that best protect the public health;
(H)(i) assisting in the development,
implementation, and support of State, regional, tribal,
and local preparedness, communication, and response
plans (including with respect to the health departments
of such entities) to anticipate and reduce the health
threats of climate change; and
(ii) acting through the Director of the Centers for
Disease Control and Prevention or an appropriate
Federal agency, pursuing collaborative efforts to
develop, integrate, and implement such plans;
(I) acting through the Director of the Centers for
Disease Control and Prevention or an appropriate
Federal agency, creating a program to advance research
as it relates to the effects of climate change on
public health across Federal agencies, including
research to--
(i) identify and assess climate change
health effects preparedness and response
strategies;
(ii) prioritize critical public health
infrastructure projects related to potential
climate change impacts that affect public
health; and
(iii) coordinate preparedness for climate
change health impacts, including the
development of modeling and forecasting tools;
(J) providing technical assistance for the
development, implementation, and support of
preparedness and response plans to anticipate and
reduce the health threats of climate change in
developing nations; and
(K) carrying out other activities determined
appropriate by the Secretary to plan for and respond to
the impacts of climate change on public health.
(c) Revision.--The Secretary shall revise the national strategic
action plan not later than July 1, 2016, and every 4 years thereafter,
to reflect new information collected pursuant to implementation of the
national strategic action plan and otherwise, including information
on--
(1) the status of critical environmental health parameters
and related human health impacts;
(2) the impacts of climate change on public health; and
(3) advances in the development of strategies for preparing
for and responding to the impacts of climate change on public
health.
(d) Implementation.--
(1) Implementation through hhs.--The Secretary shall
exercise the Secretary's authority under this Act and other
Federal statutes to achieve the goals and measures of the
national strategic action plan.
(2) Other public health programs and initiatives.--The
Secretary and Federal officials of other relevant Federal
agencies shall administer public health programs and
initiatives authorized by statutes other than this Act, subject
to the requirements of such statutes, in a manner designed to
achieve the goals of the national strategic action plan.
(3) CDC.--In furtherance of the national strategic action
plan, the Director of the Centers for Disease Control and
Prevention shall--
(A) conduct scientific research to assist health
professionals in preparing for and responding to the
impacts of climate change on public health; and
(B) provide funding for--
(i) research on the health effects of
climate change; and
(ii) preparedness planning on the
international, national, State, regional, and
local levels to respond to or reduce the burden
of health effects of climate change; and
(C) carry out other activities determined
appropriate by the Director to prepare for and respond
to the impacts of climate change on public health.
SEC. 5. ADVISORY BOARD.
(a) Establishment.--The Secretary shall establish a permanent
science advisory board comprised of not less than 10 and not more than
20 members.
(b) Appointment of Members.--The Secretary shall appoint the
members of the science advisory board from among individuals who--
(1) are recommended by the President of the National
Academy of Sciences; and
(2) have expertise in public health and human services,
climate change, and other relevant disciplines.
(c) Functions.--The science advisory board shall--
(1) provide scientific and technical advice and
recommendations to the Secretary on the domestic and
international impacts of climate change on public health,
populations and regions particularly vulnerable to the effects
of climate change, and strategies and mechanisms to prepare for
and respond to the impacts of climate change on public health;
and
(2) advise the Secretary regarding the best science
available for purposes of issuing the national strategic action
plan.
SEC. 6. REPORTS.
(a) Needs Assessment.--
(1) In general.--The Secretary shall seek to enter into, by
not later than 6 months after the date of the enactment of this
Act, an agreement with the National Research Council and the
Institute of Medicine to complete a report that--
(A) assesses the needs for health professionals to
prepare for and respond to climate change impacts on
public health; and
(B) recommends programs to meet those needs.
(2) Submission.--The agreement under paragraph (1) shall
require the completed report to be submitted to the Congress
and the Secretary and made publicly available not later than 1
year after the date of the agreement.
(b) Climate Change Health Protection and Promotion Reports.--
(1) In general.--The Secretary shall offer to enter into,
not later than 6 months after the submission of the report
under subsection (a)(2), an agreement with the National
Research Council and the Institute of Medicine, under which the
National Research Council and the Institute of Medicine will
prepare periodic reports to aid health professionals in
preparing for and responding to the adverse health effects of
climate change that--
(A) review scientific developments on health
impacts of climate change; and
(B) recommend changes to the national strategic
action plan.
(2) Submission.--The agreement under paragraph (1) shall
require a report to be submitted to the Congress and the
Secretary and made publicly available not later than July 1,
2015, and every 4 years thereafter.
SEC. 7. DEFINITIONS.
In this Act:
(1) Health impact assessment.--The term ``health impact
assessment'' means a combination of procedures, methods, and
tools by which a policy, program, or project may be judged as
to its potential effects on the health of a population, and the
distribution of those effects within the population.
(2) National strategic action plan.--The term ``national
strategic action plan'' means the plan issued and revised under
section 4.
(3) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Health and Human Services.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
(b) Appropriations to HHS.--All funds appropriated to carry out
this Act shall be appropriated to the Secretary.
(c) Distribution of Funds by HHS.--In carrying out this Act, the
Secretary may make funds appropriated pursuant to this section
available to--
(1) other departments, agencies, and offices of the Federal
Government;
(2) foreign, State, tribal, and local governments; and
(3) such other entities as the Secretary determines
appropriate.
(d) Supplement, Not Replace.--It is the intent of the Congress that
funds appropriated to carry out this Act should be used to supplement,
and not replace, existing sources of funding for public health. | Climate Change Health Protection and Promotion Act - Expresses the sense of Congress with respect to the impacts of climate change on health systems.
Directs the Secretary of Health and Human Services (HHS) to: (1) publish a national strategic action plan to assist health professionals to prepare for and respond to the impacts of climate change on public health in the United States and other nations, particularly developing nations; (2) revise such plan periodically to reflect new information on the impacts of climate change on public health; (3) establish a permanent science advisory board to provide advice and recommendations on the domestic and international impacts of climate change on public health; and (4) contract with the National Research Council and the Institute of Medicine to prepare a report that assesses the needs for health professionals to prepare for and respond to climate change impacts on public health. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to develop a national strategic action plan to assist health professionals in preparing for and responding to the public health effects of climate change, and for other purposes."} | 2,756 | 170 | 0.68172 | 1.916415 | 0.754437 | 4.921212 | 16.878788 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pioneer National Historic Trails
Studies Act''.
SEC. 2. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING
NATIONAL HISTORIC TRAILS.
The National Trails System Act is amended by inserting after
section 5 (16 U.S.C. 1244) the following new section:
``SEC. 5A. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING
TRAILS FOR POSSIBLE TRAIL EXPANSION.
``(a) Definitions.--In this section:
``(1) The term `route' includes a trail segment commonly
known as a cutoff.
``(2) The term `shared route' means a route that was a
segment of more than one historic trail, including a route
shared with an existing national historic trail.
``(b) General Rules.--
``(1) Study requirements and objectives.--The study
requirements and objectives specified in section 5(b) shall
apply to a study required by this section.
``(2) Completion and submission of study.--Not later than
three complete fiscal years after the date of the enactment of
this section, the Secretary shall complete and submit to
Congress the studies required by subsections (c) through (g).
In the case of a study added to this section after that date,
the study shall be completed and submitted to Congress not
later than three complete fiscal years after the date of the
enactment of the law adding the study to this section.
``(c) Oregon National Historic Trail.--The Secretary of the
Interior shall undertake a study of certain routes of the Oregon Trail,
as generally depicted on the map entitled `Western Emigrant Trails
1830/1870' and dated 1991/1993, and such other routes of the Oregon
Trail that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of one or more of the routes
as components of the Oregon National Historic Trail. The routes to be
studied under this subsection include the following:
``(1) Whitman Mission route.
``(2) Upper Columbia River.
``(3) Cowlitz River route.
``(4) Meek cutoff.
``(5) Free Emigrant Road.
``(6) North Alternate Oregon Trail.
``(7) Goodale's cutoff.
``(8) North Side alternate route.
``(9) Cutoff to Barlow Road.
``(10) Naches Pass Trail.
``(d) Pony Express National Historic Trail.--The Secretary of the
Interior shall undertake a study of the approximately 20-mile southern
alternative route of the Pony Express Trail from Wathena, Kansas, to
Troy, Kansas, and such other routes of the Pony Express Trail that the
Secretary considers appropriate, to determine the feasibility and
suitability of designation of one or more of the routes as components
of the Pony Express National Historic Trail.
``(e) California National Historic Trail.--The Secretary of the
Interior shall undertake a study of certain Missouri Valley, central,
and western routes of the California Trail, as generally depicted on
the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/
1993, and such other and shared Missouri Valley, central, and western
routes that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of one or more of the routes
as components of the California National Historic Trail. The routes to
be studied under this subsection include the following:
``(1) Missouri valley routes.--
``(A) Blue Mills-Independence Road.
``(B) Westport Landing Road.
``(C) Westport-Lawrence Road.
``(D) Fort Leavenworth-Blue River route.
``(E) Road to Amazonia.
``(F) Union Ferry Route.
``(G) Old Wyoming-Nebraska City cutoff.
``(H) Lower Plattsmouth Route.
``(I) Lower Bellevue Route.
``(J) Woodbury cutoff.
``(K) Blue Ridge cutoff.
``(L) Westport Road.
``(M) Gum Springs-Fort Leavenworth route.
``(N) Atchison/Independence Creek routes.
``(O) Fort Leavenworth-Kansas River route.
``(P) Nebraska City cutoff routes.
``(Q) Minersville-Nebraska City Road.
``(R) Upper Plattsmouth route.
``(S) Upper Bellevue route.
``(2) Central routes.--
``(A) Cherokee Trail, including splits.
``(B) Weber Canyon route of Hastings cutoff.
``(C) Bishop Creek cutoff.
``(D) McAuley cutoff.
``(E) Diamond Springs cutoff.
``(F) Secret Pass.
``(G) Greenhorn cutoff.
``(H) Central Overland Trail.
``(3) Western routes.--
``(A) Bidwell-Bartleson route.
``(B) Georgetown/Dagget Pass Trail.
``(C) Big Trees Road.
``(D) Grizzly Flat cutoff.
``(E) Nevada City Road.
``(F) Yreka Trail.
``(G) Henness Pass route.
``(H) Johnson cutoff.
``(I) Luther Pass Trail.
``(J) Volcano Road.
``(K) Sacramento-Coloma Wagon Road.
``(L) Burnett cutoff.
``(M) Placer County Road to Auburn.
``(f) Mormon Pioneer National Historic Trail.--The Secretary of the
Interior shall undertake a study of certain routes of the Mormon
Pioneer Trail, as generally depicted on the map entitled `Western
Emigrant Trails 1830/1870' and dated 1991/1993, and such other routes
of the Mormon Pioneer Trail that the Secretary considers appropriate,
to determine the feasibility and suitability of designation of one or
more of the routes as components of the Mormon Pioneer National
Historic Trail. The routes to be studied under this subsection include
the following:
``(1) 1846 Subsequent routes A and B (Lucas and Clarke
Counties, Iowa).
``(2) 1856-57 Handcart route (Iowa City to Council Bluffs).
``(3) Keokuk route (Iowa).
``(4) 1847 Alternative Elkhorn and Loup River Crossings in
Nebraska.
``(5) Fort Leavenworth Road, including the Ox Bow route and
alternates in Kansas and Missouri (Oregon and California Trail
routes used by Mormon emigrants).
``(6) 1850 Golden Pass Road in Utah.
``(g) Shared California and Oregon Trail Routes.--The Secretary of
the Interior shall undertake a study of certain shared routes of the
California Trail and Oregon Trail, as generally depicted on the map
entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and
such other shared routes that the Secretary considers appropriate, to
determine the feasibility and suitability of designation of one or more
of the routes as shared components of the California National Historic
Trail and the Oregon National Historic Trail. The routes to be studied
under this subsection include the following:
``(1) St. Joe Road.
``(2) Council Bluffs Road.
``(3) Sublette cutoff.
``(4) Applegate route.
``(5) Old Fort Kearny Road (Oxbow Trail).
``(6) Childs cutoff.
``(7) Raft River to Applegate.''. | Pioneer National Historic Trails Studies Act - Amends the National Trails System Act to require specified revisions of feasibility and suitability studies of certain existing National Historic Trails.Directs the Secretary to study the feasibility of designating certain routes and cutoffs for inclusion within the Oregon, Pony Express, California, and Mormon Pioneer National Historic Trails. | {"src": "billsum_train", "title": "To amend the National Trails System Act to require the Secretary of the Interior to update the feasibility and suitability studies of four national historic trails, and for other purposes."} | 1,739 | 75 | 0.598624 | 1.415694 | 0.754405 | 2.5 | 26 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Training and Retention Act of
2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) America's healthcare system depends on an adequate
supply of trained nurses to deliver quality patient care.
(2) Over the next 15 years, this shortage is expected to
grow significantly. The Health Resources and Services
Administration has projected that by 2020, there will be a
shortage of nurses in every State and that overall only 64
percent of the demand for nurses will be satisfied, with a
shortage of 1,016,900 nurses nationally.
(3) To avert such a shortage, today's network of healthcare
workers should have access to education and support from their
employers to participate in educational and training
opportunities.
(4) With the appropriate education and support, incumbent
healthcare workers and incumbent bedside nurses are untapped
sources which can meet these needs and address the nursing
shortage and provide quality care as the American population
ages.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.
(a) Purposes.--It is the purpose of this section to authorize
grants to--
(1) address the projected shortage of nurses by funding
comprehensive programs to create a career ladder to nursing
(including Certified Nurse Assistants, Licensed Practical
Nurses, Licensed Vocational Nurses, and Registered Nurses) for
incumbent ancillary healthcare workers;
(2) increase the capacity for educating nurses by
increasing both nurse faculty and clinical opportunities
through collaborative programs between staff nurse
organizations, healthcare providers, and accredited schools of
nursing; and
(3) provide training programs through education and
training organizations jointly administered by healthcare
providers and healthcare labor organizations or other
organizations representing staff nurses and frontline
healthcare workers, working in collaboration with accredited
schools of nursing and academic institutions.
(b) Grants.--Not later than 6 months after the date of enactment of
this Act, the Secretary of Labor (referred to in this section as the
``Secretary'') shall establish a partnership grant program to award
grants to eligible entities to carry out comprehensive programs to
provide education to nurses and create a pipeline to nursing for
incumbent ancillary healthcare workers who wish to advance their
careers, and to otherwise carry out the purposes of this section.
(c) Eligible Entities.--To be eligible to receive a grant under
this section an entity shall--
(1) be--
(A) a healthcare entity that is jointly
administered by a healthcare employer and a labor union
representing the healthcare employees of the employer
and that carries out activities using labor management
training funds as provided for under section 302 of the
Labor-Management Relations Act, 1947 (18 U.S.C.
186(c)(6));
(B) an entity that operates a training program that
is jointly administered by--
(i) one or more healthcare providers or
facilities, or a trade association of
healthcare providers; and
(ii) one or more organizations which
represent the interests of direct care
healthcare workers or staff nurses and in which
the direct care healthcare workers or staff
nurses have direct input as to the leadership
of the organization; or
(C) a State training partnership program that
consists of non-profit organizations that include equal
participation from industry, including public or
private employers, and labor organizations including
joint labor-management training programs, and which may
include representatives from local governments, worker
investment agency one-stop career centers, community
based organizations, community colleges, and accredited
schools of nursing; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(d) Additional Requirements for Healthcare Employer Described in
Subsection (c).--To be eligible for a grant under this section, a
healthcare employer described in subsection (c) shall demonstrate--
(1) an established program within their facility to
encourage the retention of existing nurses;
(2) it provides wages and benefits to its nurses that are
competitive for its market or that have been collectively
bargained with a labor organization; and
(3) support for programs funded under this section through
1 or more of the following:
(A) The provision of paid leave time and continued
health coverage to incumbent healthcare workers to
allow their participation in nursing career ladder
programs, including Certified Nurse Assistants,
Licensed Practical Nurses, Licensed Vocational Nurses,
and Registered Nurses.
(B) Contributions to a joint labor-management
training fund which administers the program involved.
(C) The provision of paid release time, incentive
compensation, or continued health coverage to staff
nurses who desire to work full- or part-time in a
faculty position.
(D) The provision of paid release time for staff
nurses to enable them to obtain a Bachelor of Science
in Nursing degree, other advanced nursing degrees,
specialty training, or certification program.
(E) The payment of tuition assistance which is
managed by a joint labor-management training fund or
other jointly administered program.
(e) Other Requirements.--
(1) Matching requirement.--
(A) In general.--The Secretary may not make a grant
under this section unless the applicant involved
agrees, with respect to the costs to be incurred by the
applicant in carrying out the program under the grant,
to make available non-Federal contributions (in cash or
in kind under subparagraph (B)) toward such costs in an
amount equal to not less than $1 for each $1 of Federal
funds provided in the grant. Such contributions may be
made directly or through donations from public or
private entities, or may be provided through the cash
equivalent of paid release time provided to incumbent
worker students.
(B) Determination of amount of non-federal
contribution.--Non-Federal contributions required in
subparagraph (A) may be in cash or in kind (including
paid release time), fairly evaluated, including
equipment or services (and excluding indirect or
overhead costs). Amounts provided by the Federal
Government, or services assisted or subsidized to any
significant extent by the Federal Government, may not
be included in determining the amount of such non-
Federal contributions.
(2) Required collaboration.--Entities carrying out or
overseeing programs carried out with assistance provided under
this section shall demonstrate collaboration with accredited
schools of nursing which may include community colleges and
other academic institutions providing Associate, Bachelor's, or
advanced nursing degree programs or specialty training or
certification programs.
(f) Activities.--Amounts awarded to an entity under a grant under
this section shall be used for the following:
(1) To carry out programs that provide education and
training to establish nursing career ladders to educate
incumbent healthcare workers to become nurses (including
Certified Nurse Assistants, Licensed Practical Nurses, Licensed
Vocational Nurses, and Registered Nurses). Such programs shall
include one or more of the following:
(A) Preparing incumbent workers to return to the
classroom through English as a second language
education, GED education, pre-college counseling,
college preparation classes, and support with entry
level college classes that are a prerequisite to
nursing.
(B) Providing tuition assistance with preference
for dedicated cohort classes in community colleges,
universities, accredited schools of nursing with
supportive services including tutoring and counseling.
(C) Providing assistance in preparing for and
meeting all nursing licensure tests and requirements.
(D) Carrying out orientation and mentorship
programs that assist newly graduated nurses in
adjusting to working at the bedside to ensure their
retention post graduation, and ongoing programs to
support nurse retention.
(E) Providing stipends for release time and
continued healthcare coverage to enable incumbent
healthcare workers to participate in these programs.
(2) To carry out programs that assist nurses in obtaining
advanced degrees and completing specialty training or
certification programs and to establish incentives for nurses
to assume nurse faculty positions on a part-time or full-time
basis. Such programs shall include one or more of the
following:
(A) Increasing the pool of nurses with advanced
degrees who are interested in teaching by funding
programs that enable incumbent nurses to return to
school.
(B) Establishing incentives for advanced degree
bedside nurses who wish to teach in nursing programs so
they can obtain a leave from their bedside position to
assume a full- or part-time position as adjunct or
full-time faculty without the loss of salary or
benefits.
(C) Collaboration with accredited schools of
nursing which may include community colleges and other
academic institutions providing Associate, Bachelor's,
or advanced nursing degree programs, or specialty
training or certification programs, for nurses to carry
out innovative nursing programs which meet the needs of
bedside nursing and healthcare providers.
(g) Preference.--In awarding grants under this section the
Secretary shall give preference to programs that--
(1) provide for improving nurse retention;
(2) provide for improving the diversity of the new nurse
graduates to reflect changes in the demographics of the patient
population;
(3) provide for improving the quality of nursing education
to improve patient care and safety;
(4) have demonstrated success in upgrading incumbent
healthcare workers to become nurses or which have established
effective programs or pilots to increase nurse faculty; or
(5) are modeled after or affiliated with such programs
described in paragraph (4).
(h) Evaluation.--
(1) Program evaluations.--An entity that receives a grant
under this section shall annually evaluate, and submit to the
Secretary a report on, the activities carried out under the
grant and the outcomes of such activities. Such outcomes may
include--
(A) an increased number of incumbent workers
entering an accredited school of nursing and in the
pipeline for nursing programs;
(B) an increasing number of graduating nurses and
improved nurse graduation and licensure rates;
(C) improved nurse retention;
(D) an increase in the number of staff nurses at
the healthcare facility involved;
(E) an increase in the number of nurses with
advanced degrees in nursing;
(F) an increase in the number of nurse faculty;
(G) improved measures of patient quality (which may
include staffing ratios of nurses, patient satisfaction
rates, patient safety measures); and
(H) an increase in the diversity of new nurse
graduates relative to the patient population.
(2) General report.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the
Secretary of Labor shall, using data and information from the
reports received under paragraph (1), submit to Congress a
report concerning the overall effectiveness of the grant
program carried out under this section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary. | Nurse Training and Retention Act of 2009 - Directs the Secretary of Labor to establish a partnership grant program to award matching grants to eligible entities to carry out comprehensive programs to provide education to nurses and create a pipeline to nursing for incumbent ancillary health care workers who wish to advance their careers. | {"src": "billsum_train", "title": "To fund comprehensive programs to ensure an adequate supply of nurses."} | 2,233 | 64 | 0.592461 | 1.475072 | 1.369188 | 6.545455 | 40.527273 | 0.981818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Housing Rent Reform Act''.
SEC. 2. PUBLIC HOUSING CEILING RENTS.
Section 3(a)(2) of the United States Housing Act of 1937 (42 U.S.C.
1437a(a)(2)) is amended--
(1) in subparagraph (A), by striking clause (iii) and
inserting the following new clause:
``(iii) at the election of such agency and subject to
approval by the Secretary, is--
``(I) not less than the average monthly amount of
debt service and operating expenses attributable to
dwelling units of similar size in public housing
projects owned and operated by such agency;
``(II) not less than the rental paid by a family
the amount of whose rent is such that, on the date upon
which a public housing agency adopts ceiling rents
under this subclause for the project in which such
family resides, not less than 10 percent nor more than
20 percent (as determined by the Secretary from time to
time by regulation) of the families residing in such
project pay a higher rent; any ceiling rents so adopted
and approved by the Secretary shall be redetermined
annually by application of the automatic annual
adjustment factors issued from time to time by the
Secretary pursuant to section 8(c)(2)(A); or
``(III) not less than the fair market rent
determined by the agency for comparable units of
similar size pursuant to the procedures prescribed by
the Secretary for determining rent reasonableness under
the program for rental certificate assistance under
section 8(b); the Secretary may, not more frequently
than annually, review the ceiling rents determined
under this subclause by each agency and each agency's
application of the procedures for determining rent
reasonableness used in establishing such rents and if,
pursuant to such review, the Secretary determines on
the record after opportunity for an agency hearing,
that the ceiling rents adopted by an agency pursuant to
this subclause are deliberately and materially
understated, the Secretary may impose such corrective
actions as the Secretary considers appropriate, which
may include payment to the Secretary of some or all of
the aggregate amounts by which such rents are
understated; the Secretary may at any time require that
the determination of ceiling rents pursuant to this
subclause be conducted by a qualified independent third
party in accordance with regulations issued by the
Secretary.''; and
(2) by redesignating subparagraph (B) as subparagraph (I)
and inserting after subparagraph (A) the following new
subparagraphs:
``(B) A waiver by the Secretary shall not be necessary for a public
housing agency to adopt ceiling rents under this paragraph. The
discretion of the Secretary in approving an election by a public
housing agency to adopt ceiling rents shall be limited to ensuring that
the election meets the requirements of this paragraph. Without limiting
any other provision of this subparagraph, the Secretary shall not
(except as otherwise specifically provided in subparagraph (C)) hold or
exercise any discretion with respect to the method under subparagraph
(A)(iii) that an agency may elect to determine its ceiling rents, and
such election shall be within the sole discretion of the agency.
``(C) Unless otherwise approved by the Secretary, a public housing
agency shall utilize the same method for determining ceiling rents for
all projects with respect to which such agency elects to adopt ceiling
rents; except that, with respect to single family scattered site
housing or projects consisting of 10 or less units, a public housing
agency may elect, or the Secretary may require, that ceiling rents
applicable to such units be calculated using the method under
subparagraph (A)(iii)(III), notwithstanding that ceiling rents
applicable to the agency's other projects are calculated using another
method. After the initial adoption of ceiling rents by a public housing
agency and approval thereof by the Secretary, the agency may not
thereafter elect a different method of calculating such rents except as
approved by the Secretary.
``(D) Subject to the limitations under subparagraph (C), different
ceiling rents may be adopted by a public housing agency and approved by
the Secretary for each project owned by the public housing agency. A
public housing agency may adopt and the Secretary may approve maximum
rents for some or all of the projects owned by such agency.
``(E) Any ceiling rents adopted shall be redetermined annually, for
each project for which such rents are adopted, by the public housing
agency and, subject to subsequent readjustment if the Secretary
determines after review that such rents are improper, such redetermined
ceiling rents shall be effective without further approval by the
Secretary.
``(F) Notwithstanding any other provision of this paragraph--
``(i) not more than 25 percent of the total number of
dwelling units contained in any project (rounded upward to the
nearest whole unit) may be occupied by families whose rents are
limited in amount by the ceiling rents adopted for such
project; if, at any time, families occupying more than 25
percent of the units in a project are eligible for ceiling
rents, then, at the time of the next annual redetermination of
ceiling rents for such project, the public housing agency shall
increase the applicable ceiling rents so that, at the time of
such redetermination, not more than 25 percent of the dwelling
units in the project are occupied by families whose rent is
limited by ceiling rents; and
``(ii) the total continuous period during which any
family's rent may be limited by the full application of ceiling
rents shall not exceed 3 years; if at any time commencing
before the expiration of the 3-year period, the rent payable by
a family is less than the applicable ceiling rent for a period
in excess of 12 consecutive months, because of a reduction in
the family's adjusted income or an increase in ceiling rents,
or both, then a new 3-year period shall commence when such
family's rent again would exceed the applicable ceiling rents;
after the expiration of any 3-year continuous period during
which ceiling rents are fully applied to limit a family's rent,
the reduction in such family's rent that would otherwise result
from full application of the ceiling rents shall be
successively decreased so that (I) during the 4th year, the
family shall receive 85 percent of the reduction that would
result if the ceiling rents were fully applied; (II) during the
5th year, the family shall receive 65 percent of such
reduction; (III) during the 6th year, the family shall receive
40 percent of such reduction; and (IV) during the 7th and
subsequent years the family shall not receive any reduction in
rent as a result of the adoption of ceiling rents; the
commencement of a family's initial 3-year eligibility or
subsequent 3-year reeligibility for full ceiling rent
limitations and the commencement of each reduction in the full
application of ceiling rents as provided in this clause shall,
in the case of each family, occur not later than the effective
date of such family's annual redetermination of rent and family
composition in accordance with its public housing lease.
``(G) Ceiling rents authorized under this paragraph shall not be
applicable to any project which is designated as housing for elderly
persons.
``(H) For purposes of this paragraph--
``(i) the term `ceiling rent' means the maximum amount of
rent, adopted by a public housing agency and approved by the
Secretary pursuant to this subparagraph, that may be charged to
a family; and
``(ii) the term `project' means a building or group of
buildings containing public housing units and having a common
identity and management, as determined by the public housing
agency; a project need not contain buildings or sets of
buildings having the same project number assigned by the
Secretary or all of the buildings or sets of buildings having
the same such number.''.
SEC. 3. EARNED INCOME EXCLUSIONS.
Section 3(b)(5) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(5)) is amended--
(1) in subparagraph (C)--
(A) by striking ``and'' before ``(ii)''; and
(B) by inserting before the semicolon at the end
the following; ``; and (iii) to the extent documented,
the amount actually paid by the family for health
insurance coverage for any members of the family
residing in the household who, at the time, are not
receiving or approved to receive any assistance for
health care from the Federal Government or any State
government'';
(2) by striking subparagraph (E) and inserting the
following new subparagraph:
``(E) in the case of an elderly family, 10 percent of the
earned income of the family, and, in the case of a nonelderly
family, 20 percent of the earned income of the family;'';
(3) in subparagraph (F), by striking ``and'' at the end;
(4) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following new subparagraphs:
``(H) in the case of 2-parent families with children (as
defined by the Secretary by regulation), an amount not to
exceed an additional 10 percent of the earned income of the
family; and
``(I) in the case of a family residing in public housing,
of any earned income of any formerly dependent child who is a
member of the family--
``(i) 100 percent of such earned income during the
period beginning on the date of the first
redetermination of the rent for and family composition
of the family that occurs after the child reaches 18
years of age and ending upon the commencement of the
period under clause (ii);
``(ii) 85 percent of such earned income during the
period beginning on the date of the first
redetermination of the rent for and family composition
of the family that occurs after the child reaches 21
years of age and ending upon the commencement of the
period under clause (iii);
``(iii) 65 percent of such earned income during the
period beginning on the date of the first
redetermination of the rent for and family composition
of the family that occurs after the child reaches 22
years of age and ending upon the commencement of the
period under clause (iv);
``(iv) 40 percent of such earned income during the
1-year period beginning on the date of the first
redetermination of the rent for and family composition
of the family that occurs after the child reaches 23
years of age.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect 120 days after
the date of the enactment of this Act.
SEC. 5. IMPLEMENTATION.
The Secretary shall issue any final regulations necessary to
implement the amendments made by this Act, which shall take effect not
later than the effective date under section 4 for the amendments. The
regulations shall be issued after notice and opportunity for public
comment in accordance with the procedures under section 553 of title 5,
United States Code, applicable to substantive rules (notwithstanding
subsections (a)(2), (b)(B), and (d)(3) of such section). | Public Housing Rent Reform Act - Amends the United States Housing Act of 1937 to: (1) revise public housing maximum rent provisions; and (2) exclude private health insurance payments and increase and expand earned income exclusions from related income eligibility determinations. | {"src": "billsum_train", "title": "Public Housing Rent Reform Act"} | 2,493 | 53 | 0.413403 | 0.972111 | 0.536057 | 2.510204 | 47.959184 | 0.795918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Laboratory Personnel
Shortage Act of 2001''.
SEC. 2. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
(a) National Health Service Corps Scholarship and Loan Repayment
Programs.--
(1) Scholarship program.--Section 338A(a)(1) of the Public
Health Service Act (42 U.S.C. 254l(a)(1)) is amended--
(A) by striking ``and'' after ``practitioners,'';
and
(B) by inserting before the semicolon the
following: ``, and (within the meaning of section
799B(12)) medical technologists and medical laboratory
technicians''.
(2) Loan repayment program.--Section 338B(a)(1) of the
Public Health Service Act (42 U.S.C. 254l-1(a)(1)) is amended--
(A) by striking ``and'' after ``practitioners,'';
and
(B) by inserting before the semicolon the
following: ``, and (within the meaning of section
799B(12)) medical technologists and medical laboratory
technicians''.
(b) Programs Under Title VII.--
(1) Allied health and other disciplines.--
(A) Preference in making awards.--Section 755 of
the Public Health Service Act (42 U.S.C. 294e)) is
amended by adding at the end the following subsection:
``(c) Preference in Making Awards.--In making awards of grants and
contracts under subsection (a), the Secretary shall give preference to
making awards to assist entities in meeting the costs associated with
expanding or establishing programs that will increase the number of
individuals trained as medical laboratory personnel.''.
(B) Authorization of appropriations.--Section 757
of the Public Health Service Act (42 U.S.C. 294g(a)) is
amended by adding at the end the following subsection:
``(d) Allied Health and Other Disciplines.--For the purpose of
carrying out section 755, there are authorized to be appropriated
$100,000,000 for fiscal year 2002, and such sums as may be necessary
for each of the fiscal years 2003 through 2006. Such authorization is
in addition to the authorizations of appropriations under subsection
(a) that are available for such purpose.''.
(2) Other title vii programs.--Section 740 of the Public
Health Service Act (42 U.S.C. 293d) is amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the following
subsection:
``(d) Medical Laboratory Personnel.--For the purpose of increasing
the number of individuals trained as medical laboratory personnel
through making awards of grants or contracts under sections 737 through
739 for appropriate schools of allied health, there are authorized to
be appropriated, in addition to authorizations of appropriations under
subsections (a) through (c) that are available for such purpose, the
following:
``(1) For awards under section 737 to such schools,
$11,193,000 for fiscal year 2002, and such sums as may be
necessary for each of the fiscal years 2003 through 2006.
``(2) For awards under section 738 to serve as members of
the faculty of such schools, $332,500 for fiscal year 2002, and
such sums as may be necessary for each of the fiscal years 2003
through 2006.
``(3) For awards under section 739 to such schools,
$8,200,000 for fiscal year 2002, and such sums as may be
necessary for each of the fiscal years 2003 through 2006.''.
(3) Definition of medical laboratory personnel.--Section
799B of the Public Health Service Act (42 U.S.C. 295p) is
amended by adding at the end the following:
``(12) The term `medical laboratory personnel' means allied
health professionals (as defined in paragraph (5)) who are
medical technologists, cytotechnologists, histotechnologists,
phlebotomists, or medical laboratory technicians, or who are in
other fields that, within the meaning of section 353(a)
(relating to the certification of clinical laboratories),
examine materials derived from the human body for the purpose
of providing information for the diagnosis, prevention, or
treatment of any disease or impairment of, or the assessment of
the health of, human beings.''.
SEC. 3. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
(a) Preventive Health Measures With Respect to Breast and Cervical
Cancer.--Title XV of the Public Health Service Act (42 U.S.C. 300k et
seq.) is amended by inserting after section 1509 the following section:
``SEC. 1509A. SHORTAGE OF TECHNOLOGISTS FOR LABORATORY ANALYSIS
REGARDING SCREENING FOR CERVICAL CANCER.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration and in
collaboration with the Director of the Centers for Disease Control and
Prevention, shall make grants to appropriate public and nonprofit
private entities to provide training to increase the number of
cytotechnologists who are available with respect to screening women for
cervical cancer.
``(b) Funding.--
``(1) In general.--Subject to paragraph (2), for the
purpose of carrying out this section, there are authorized to
be appropriated $10,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the fiscal years 2003 through
2006.
``(2) Limitation.--The authorization of appropriations
established in paragraph (1) is not effective for a fiscal year
unless the amount appropriated under section 1510(a) for the
fiscal year is equal to or greater than $173,928,000.''.
(b) Public Health Emergencies.--
(1) Combating antimicrobial resistance.--Section 319E of
the Public Health Service Act (42 U.S.C. 247d-5), as added by
section 102 of Public Law 106-505 (114 Stat. 2315), is
amended--
(A) in subsection (c)(3), by inserting before the
period the following: ``, and support programs that
train medical laboratory personnel (as defined in
section 799B) in disciplines that recognize or identify
the resistance of pathogens''; and
(B) in subsection (e)(2), by inserting after
``societies,'' the following: ``schools or programs
that train medical laboratory personnel (as defined in
section 799B),''.
(2) Public health countermeasures to bioterrorist attack.--
Section 319F of the Public Health Service Act (42 U.S.C. 247d-
6), as added by section 102 of Public Law 106-505 (114 Stat.
2315), is amended--
(A) in subsection (c)(2)--
(i) by striking ``or'' after ``clinic,'';
and
(ii) by inserting before the period the
following: ``, or a school or program that
trains medical laboratory personnel (as defined
in section 799B)''; and
(B) in subsection (e)(2), by inserting before the
period the following: ``, and support programs that
train medical laboratory personnel (as defined in
section 799B) in disciplines that recognize or identify
a potential biological agent''.
SEC. 4. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE.
Section 422(c)(3)(C) of the Public Health Service Act (42 U.S.C.
285b-4(c)(3)(C)) is amended by inserting after ``allied health
professionals'' the following: ``, with emphasis given in the training
of such professionals to the training of medical laboratory personnel
(as defined in section 799B) in medical laboratory disciplines with
respect to which there are needs for increased numbers of personnel''. | Medical Laboratory Personnel Shortage Act of 2001 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), through scholarships and loans for health professional training under the National Health Service Corps' scholarship and loan repayment programs, to assure an adequate supply of medical technologists and medical laboratory technicians to provide primary health services in health professional shortage areas.Requires the Secretary to give preference, in making awards of grants and contracts to increase the number of individuals trained in allied health professions, to entities with programs training medical laboratory personnel.Directs the Secretary to make grants for training to increase the number of cytotechnologists available for screening women for cervical cancer.Directs the Secretary to support programs that train medical laboratory personnel in disciplines that recognize or identify the resistance of pathogens (in combating antimicrobial resistance) and that recognize or identify a potential biological agent (in combating bioterrorism).Revises requirements for the use of Federal payments under cooperative agreements or grants between the National Heart, Lung, and Blood Institute and public or private nonprofit entities for the training of allied health professionals with respect to the prevention and treatment methods for heart, blood vessel, lung, or blood diseases. Requires that training emphasis be given to medical laboratory personnel in medical laboratory disciplines with respect to which there are needs for increased numbers of personnel. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to the shortage of medical laboratory personnel."} | 1,899 | 286 | 0.608295 | 1.813726 | 0.851659 | 2.868 | 6.192 | 0.884 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings._The Congress finds that_
(1) the Maurice River and its tributaries, Menantico Creek, the
Manumuskin River, and Muskee Creek, are eligible for inclusion into
the National Wild and Scenic Rivers System, the segments and their
classifications being as follows_
(A) the Maurice River, lower segment, from the United States
Geological Survey Station at Shellpile to Route 670 Bridge at
Mauricetown, approximately 7.0 miles, as a recreational river;
(B) the Maurice River, middle segment, from Route 670 Bridge
at Mauricetown to 3.6 miles upstream (at drainage ditch just
upstream of Fralinger Farm), approximately 3.8 miles as a scenic
river;
(C) the Maurice River, middle segment, from the drainage
ditch just upstream of Fralinger Farm to one-half mile upstream
from the United States Geological Survey Station at Burcham
Farm, approximately 3.1 miles, as a recreational river;
(D) the Maurice River, upper segment, from one-half mile
upstream from the United States Geological Survey Station at
Burcham Farm to the south side of the Millville sewage treatment
plant, approximately 3.6 miles, as a scenic river;
(E) the Menantico Creek, lower segment, from its confluence
with the Maurice River to the Route 55 Bridge, approximately 1.4
miles, as a recreational river;
(F) the Menantico Creek, upper segment, from the Route 55
Bridge to the base of the Impoundment at Menantico Lake,
approximately 6.5 miles, as a scenic river;
(G) the Manumuskin River, lower segment, from its confluence
with the Maurice River to 2.0 miles upstream, as a recreational
river;
(H) the Manumuskin River, upper segment, from 2.0 miles
upstream from its confluence with the Maurice River to
headwaters near Route 557, approximately 12.3 miles, as a scenic
river; and
(I) the Muskee Creek from its confluence to the Pennsylvania
Reading Seashore Line Railroad bridge, approximately 2.7 miles,
as a scenic river;
(2) a resource assessment of the Maurice River and its
tributaries, Menantico Creek, the Manumuskin River, and the Muskee
Creek shows that the area possesses numerous outstandingly
remarkable natural, cultural, scenic, and recreational resources
that are significant at the local, regional, and international
levels, including rare plant and animal species and critical
habitats for birds migrating to and from the north and south
hemispheres; and
(3) a river management plan for the river system has been
developed by the Cumberland County Department of Planning and
Development and adopted by the Maurice River Township, Commercial
Township, and the City of Millville that would meet the requirements
of section 6(c) of the Wild and Scenic Rivers Act, the City of
Vineland has adopted a master plan which calls for river planning
and management and is in the process of adopting zoning ordinances
to implement their plan, and Buena Vista Township in Atlantic County
has adopted a land use plan consistent with the Pinelands
Comprehensive Plan which is more restrictive than the Cumberland
County local river management plan.
(b) Purposes._The purposes of this Act are to_
(1) declare the importance and irreplaceable resource values of
the Maurice River and its tributaries to water quality, human
health, traditional economic activities, ecosystem integrity, biotic
diversity, fish and wildlife, scenic open space and recreation and
protect such values through designation of the segments as
components of the National Wild and Scenic Rivers System;
(2) recognize that the Maurice River System will continue to be
threatened by major development and that land use regulations of the
individual local political jurisdictions through which the river
segments pass cannot alone provide for an adequate balance between
conservation of the river's resources and commercial and industrial
development; and
(3) recognize that segments of the Maurice River and its
tributaries additional to those designated under this Act are
eligible for potential designation at some point in the near future.
SEC. 2. DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding the following new paragraphs at the end thereof:
``( ) The Maurice River, Middle Segment._From Route 670 Bridge at
Mauricetown to 3.6 miles upstream (at drainage ditch just upstream of
Fralinger Farm), approximately 3.8 miles to be administered by the
Secretary of the Interior as a scenic river.
``( ) The Maurice River, Middle Segment._From the drainage ditch
just upstream of Fralinger Farm to one-half mile upstream from the
United States Geological Survey Station at Burcham Farm, approximately
3.1 miles, to be administered by the Secretary of the Interior as a
recreational river.
``( ) The Maurice River, Upper Segment._From one-half mile upstream
from the United States Geological Survey Station at Burcham Farm to the
south side of the Millville sewage treatment plant, approximately 3.6
miles, to be administered by the Secretary of the Interior as a scenic
river.
``( ) The Menantico Creek, Lower Segment._From its confluence with
the Maurice River to the Route 55 Bridge, approximately 1.4 miles, to be
administered by the Secretary of the Interior as a recreational river.
``( ) The Menantico Creek, Upper Segment._From the Route 55 Bridge
to the base of the impoundment at Menantico Lake, approximately 6.5
miles, to be administered by the Secretary of the Interior as a scenic
river.
``( ) Manumuskin River, Lower Segment._From its confluence with the
Maurice River to a point 2.0 miles upstream, to be administered by the
Secretary of the Interior as a recreational river.
``( ) Manumuskin River, Upper Segment._From a point 2.0 miles
upstream from its confluence with the Maurice River to its headwaters
near Route 557, approximately 12.3 miles, to be administered by the
Secretary of the Interior as a scenic river.
``( ) Muskee Creek, New Jersey._From its confluence with the
Maurice River to the Pennsylvania Seashore Line Railroad Bridge,
approximately 2.7 miles, to be administered by the Secretary of the
Interior as a scenic river.''.
SEC. 3. MANAGEMENT.
(a) Duties of Secretary._The Secretary of the Interior shall manage
the river segments designated as components of the National Wild and
Scenic Rivers System by this Act through cooperative agreements with the
political jurisdictions within which such segments pass, pursuant to
section 10(e) of the Wild and Scenic Rivers Act, and in consultation
with such jurisdictions, except that publicly-owned lands within the
boundaries of such segments shall continue to be managed by the agency
having jurisdiction over such lands.
(b) Agreements._(1) Cooperative agreements for management of the
river segments referred to in subsection (a) shall provide for the long-
term protection, preservation, and enhancement of such segments and
shall be consistent with the comprehensive management plan for such
segments to be prepared by the Secretary of the Interior pursuant to
section 3(d) of the Wild and Scenic Rivers Act and with the local river
management plans prepared by appropriate local political jurisdictions
in conjunction with the Secretary of the Interior.
(2) The Secretary of the Interior, in consultation with appropriate
representatives of local political jurisdictions and the State of New
Jersey, shall review local river management plans described in paragraph
(1) to assure that their proper implementation will protect the values
for which the river segments described in section 2 were designated as
components of the National Wild and Scenic Rivers System. If after such
review the Secretary determines that such plans and their implementing
local zoning ordinances meet the protection standards specified in
section 6(c) of the Wild and Scenic Rivers Act, then such plans shall be
deemed to constitute ``local zoning ordinances'' and each township and
other incorporated local jurisdiction covered by such plans shall be
deemed to constitute a ``village'' for the purposes of section 6(c)
(prohibiting the acquisition of lands by condemnation) of the Wild and
Scenic Rivers Act.
(3) The Secretary of the Interior shall biennially review compliance
with the local river management plans described in paragraph (1) and
shall promptly report to the Committee on Natural Resources of the
United States House of Representatives and to the Committee on Energy
and Natural Resources of the United States Senate any deviation from
such which would result in any diminution of the values for which the
river segment concerned was designated as a component of the National
Wild and Scenic Rivers System.
(c) Planning Assistance._The Secretary of the Interior may provide
planning assistance to local political subdivisions of the State of New
Jersey through which flow river segments that are designated as
components of the National Wild and Scenic Rivers System, and may enter
into memoranda of understanding or cooperative agreements with officials
or agencies of the United States or the State of New Jersey to ensure
that Federal and State programs that could affect such segments are
carried out in a manner consistent with the Wild and Scenic Rivers Act
and applicable river management plans.
(d) Segment Additions._The Secretary of the Interior is encouraged
to continue to work with the local municipalities to negotiate agreement
and support for designating those segments of the Maurice River and its
tributaries which were found eligible for designation pursuant to Public
Law 100-33 and were not designated pursuant to this Act (hereinafter
referred to as ``additional eligible segments''). For a period of 3
years after the date of enactment of this Act, the provisions of the
Wild and Scenic Rivers Act applicable to segments included in section 5
of that Act shall apply to the additional eligible segments. The
Secretary of the Interior is directed to report to the appropriate
congressional committees within 3 years after the date of enactment of
this Act on the status of discussions and negotiations with the local
municipalities and on recommendations toward inclusion of additional
river segments into the National Wild and Scenic Rivers System.
(e) Appropriations._For the purposes of the segment described by
subsection (a), there are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Wild and Scenic Rivers Act to designate segments of the Maurice River, the Menantico Creek, the Manumuskin River, and the Muskee Creek in New Jersey as components of the National Wild and Scenic Rivers System.
Requires the Secretary of the Interior to manage such segments through cooperative agreements with appropriate political jurisdictions except that publicly-owned lands within the boundaries of the segments shall be managed by the agency having jurisdiction over them.
Requires cooperative agreements for the management of the segments to provide for the long-term protection, preservation, and enhancement of the segments and to be consistent with the comprehensive management plan prepared by the Secretary and with the local river management plans prepared by appropriate local political jurisdictions in conjunction with the Secretary.
Directs the Secretary to review compliance with the local river management plans biennially and to report to specified congressional committees on any deviation which may diminish the values for which the river segment was designated. Encourages the Secretary to work with municipalities to negotiate agreement for designating additional eligible segments of the Maurice River and its tributaries. Designates the eligible segments for study as potential additions to the National Wild and Scenic Rivers system.
Authorizes appropriations. | {"src": "billsum_train", "title": "To designate portions of the Maurice River and its tributaries in the State of New Jersey as components of the National Wild and Scenic Rivers Systems."} | 2,291 | 264 | 0.542507 | 1.937153 | 0.648659 | 4.098655 | 9.278027 | 0.932735 |
.
``(a) In General.--In this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report referred to section 3004(b)(3) of the Exchange
Rates and International Economic Policy Coordination Act of 1988 is
received by the Committee on Banking, Housing and Urban Affairs of the
Senate or the Committee on Financial Services of the House of
Representatives and ending 60 days thereafter (excluding days either
House of Congress is adjourned for more than 3 days during a session of
Congress), the matter after the resolving clause of which is as
follows: `That Congress disapproves of the determination of the
Secretary of the Treasury relating to the finding of currency
manipulation as described in section 3004(b) of the Exchange Rates and
International Economic Policy Coordination Act of 1988 in the report
relating to ________, submitted on ___________.', with the first blank
space being filled with the name of the country (or countries) to which
the determination relates and the second blank space being filled with
the date the report was submitted.
``(b) Procedures for Considering Resolutions.--
``(1) Original resolutions.--Resolutions of disapproval
shall be original resolutions, which--
``(A) in the House of Representatives shall
originate from the Committee on Financial Services and,
in addition, be referred to the Committee on Rules; and
``(B) in the Senate shall originate from the
Committee on Banking, Housing, and Urban Affairs.
``(2) Floor consideration.--
``(A) In general.--Except as otherwise provided in
this section, the provisions of subsections (d) through
(f) of section 152 of the Trade Act of 1974 (19 U.S.C.
2192(d) through (f)) (relating to floor consideration
of certain resolutions in the House and Senate) apply
to a joint resolution of disapproval under this section
to the same extent as such subsections apply to joint
resolutions under such section 152.
``(B) Modification of section 152.--Section 152(f)
of the Trade Act of 1974 shall be applied--
``(i) by substituting `described in section
3004A of the Exchange Rates and International
Economic Policy Coordination Act of 1988' for
`described in section 152 or 153(a), whichever
is applicable,' in paragraph (2); and
``(ii) by substituting `a joint resolution
described in section 3004A of the Exchange
Rates and International Economic Policy
Coordination Act of 1988' for `a joint
resolution described in subsection (a)(2)(B)'
in paragraph (3).
``(c) Rules of House of Representatives and Senate.--This section
is enacted by the Congress--
``(1) as an exercise of the rulemaking power of the House
of Representatives and the Senate, respectively, and as such
are deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
``(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.''.
TITLE II--FINANCIAL REPORTS ACT OF 1988
SEC. 201. SHORT TITLE.
This title may be cited as the ``Promoting Market Access for
Financial Services Act''.
SEC. 202. REPORT ON FOREIGN TREATMENT OF UNITED STATES FINANCIAL
INSTITUTIONS.
The Financial Reports Act of 1988 (22 U.S.C. 5351 et seq.) is
amended--
(1) in section 3602--
(A) by striking ``quadrennial'' and inserting
``annual'' in the heading;
(B) by striking ``not less frequently than every 4
years, beginning December 1, 1990'' and inserting
``beginning July 1, 2008, and annually thereafter,'';
and
(C) by striking ``to the Congress'' and inserting
``to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial
Services of the House of Representatives'';
(2) in section 3603--
(A) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a), the
following:
``(b) Report on SED.--The Secretary shall include in the initial
report required under section 3602 a summary of the results of the most
recent US-China Strategic Economic Dialogue (SED) and the results of
the SED as it relates to promoting market access for financial
institutions. The reports required under section 3602 shall include a
progress report on the implementation of any agreements resulting from
the SED, a description of the remaining challenges, if any, in
improving market access for financial institutions, and a plan,
including benchmarks and timeframes, for dealing with the remaining
challenges. Each report shall specifically address issues regarding--
``(1) foreign investment rules;
``(2) the problems of a dual-share stock market;
``(3) the openness of the derivatives market;
``(4) restrictions on foreign bank branching;
``(5) the ability to offer insurance (including innovative
products); and
``(6) regulatory and procedural transparency.''. | Currency Reform and Financial Markets Access Act of 2007 - Amends the Exchange Rates and International Economic Policy Coordination Act of 1988 to revise U.S. policy provisions by urging: (1) the United States, and other major industrialized countries, to work together to ensure that the exchange rate of the currencies of major trading nations and the U.S. dollar reflect market forces and contribute to the growth and balance of the international economy; and (2) the United States to take appropriate action to ensure that U.S. trading partners are not engaged in hidden or unfair subsidies through management of their currency or international exchange rates.
Revises a certain annual analysis the Secretary of the Treasury (Secretary) must make with respect to the exchange rate policies of foreign countries to include an analysis of whether any country, regardless of intent, manipulates the exchange rate between its currency and the U.S. dollar in a manner that results in an accumulation of substantial dollar currency reserves. Requires the Secretary, if the Secretary makes specified findings, to make an affirmative determination that a country is manipulating its currency and to take the following actions, including: (1) establishing a plan to remedy the currency manipulation; and (2) initiating bilateral negotiations with such country, and instructing the Executive Director to the International Monetary Fund to use the U.S. vote, in order to ensure that such country adjusts the exchange rate between its currency and the U.S. dollar to permit balance of payment adjustments and to eliminate the unfair competitive advantage.
Provides procedures for a joint resolution of congressional disapproval when Congress disapproves of the Secretary's findings concerning currency manipulation.
Promoting Market Access for Financial Services Act - Amends the Financial Reports Act of 1988 to require: (1) the Secretary to report annually (under current law, every four years) to Congress beginning July 1, 2008, on the treatment of U.S. financial institutions by foreign countries; and (2) such report to include a summary of the results of the most recent U.S.-China Strategic Economic Dialogue (SED) and how such results pertain to promoting foreign market access for U.S. financial institutions. | {"src": "billsum_train", "title": "A bill to amend the Exchange Rates and International Economic Coordination Act of 1988 and for other purposes."} | 1,244 | 459 | 0.497212 | 1.634749 | 0.668564 | 1.646465 | 2.916667 | 0.712121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Welfare Provider Inclusion Act
of 2014''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Child welfare service providers, both individuals and
organizations, have the inherent, fundamental, and inalienable
right to free exercise of religion protected by the United
States Constitution.
(2) The right to free exercise of religion for child
welfare service providers includes the freedom to refrain from
conduct that conflicts with their sincerely held religious
beliefs.
(3) Most States provide government-funded child welfare
services through various charitable, religious, and private
organizations.
(4) Religious organizations, in particular, have a lengthy
and distinguished history of providing child welfare services
that predates government involvement.
(5) Religious organizations have long been and should
continue contracting with and receiving grants from
governmental entities to provide child welfare services.
(6) Religious organizations cannot provide certain child
welfare services, such as foster-care or adoption placements,
without receiving a government contract, grant or license.
(7) Religious organizations display particular excellence
when providing child welfare services.
(8) Children and families benefit greatly from the child
welfare services provided by religious organizations.
(9) Governmental entities and officials administering
federally funded child welfare services in some States,
including Massachusetts, California, Illinois, and the District
of Columbia, have refused to contract with religious
organizations that are unable, due to sincerely held religious
beliefs or moral convictions, to provide a child welfare
service that conflicts, or under circumstances that conflict,
with those beliefs or convictions; and that refusal has forced
many religious organizations to end their long and
distinguished history of excellence in the provision of child
welfare services.
(10) Ensuring that religious organizations can continue to
provide child welfare services will benefit the children and
families that receive those federally funded services.
(11) States also provide government-funded child welfare
services through individual child welfare service providers
with varying religious and moral convictions.
(12) Many individual child welfare service providers
maintain sincerely held religious beliefs or moral convictions
that relate to their work and should not be forced to choose
between their livelihood and adherence to those beliefs or
convictions.
(13) Because governmental entities provide child welfare
services through many charitable, religious, and private
organizations, each with varying religious beliefs or moral
convictions, and through diverse individuals with varying
religious beliefs or moral convictions, the religiously
impelled inability of some religious organizations or
individuals to provide certain services will not have a
material effect on a person's ability to access federally
funded child welfare services.
(14) The activities of funding and administering these
child welfare services substantially affect interstate
commerce.
(15) Taking adverse actions against child welfare service
providers that are unable, due to their sincerely held
religious beliefs or moral convictions, to provide certain
services (or provide services under certain circumstances)
substantially affects interstate commerce.
(16) The provisions of this Act are remedial measures that
are congruent and proportional to protecting the constitutional
rights of child welfare service providers guaranteed under the
Fourteenth Amendment to the United States Constitution.
(17) Congress has the authority to pass this Act pursuant
to its spending clause power, commerce clause power, and
enforcement power under section 5 of the Fourteenth Amendment
to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit governmental entities from discriminating
or taking an adverse action against a child welfare service
provider on the basis that the provider declines to provide a
child welfare service that conflicts, or under circumstances
that conflict, with the sincerely held religious beliefs or
moral convictions of the provider.
(2) To protect child welfare service providers' exercise of
religion and to ensure that governmental entities will not be
able to force those providers, either directly or indirectly,
to discontinue all or some of their child welfare services
because they decline to provide a child welfare service that
conflicts, or under circumstances that conflict, with their
sincerely held religious beliefs or moral convictions.
(3) To provide relief to child welfare service providers
whose rights have been violated.
SEC. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED.
(a) The Federal Government, and any State that receives federal
funding for any program that provides child welfare services under part
B or part E of title IV of the Social Security Act (and any
subdivision, office or department of such State) shall not discriminate
or take an adverse action against a child welfare service provider on
the basis that the provider has declined or will decline to provide,
facilitate, or refer for a child welfare service that conflicts with,
or under circumstances that conflict with, the provider's sincerely
held religious beliefs or moral convictions.
(b) Subsection (a) does not apply to conduct forbidden by paragraph
(18) of section 471(a) of such Act.
SEC. 4. FUNDS WITHHELD FOR VIOLATION.
The Secretary of Health and Human Services shall withhold from a
State 15 percent of the federal funds the State receives for a program
that provides child welfare services under part B or part E of title IV
of the Social Security Act if the State violates section 3 when
administering or disbursing funds under such program.
SEC. 5. PRIVATE RIGHT OF ACTION.
(a) A child welfare service provider aggrieved by a violation of
section 3 may assert that violation as a claim or defense in a judicial
proceeding and obtain all appropriate relief, including declaratory
relief, injunctive relief, and compensatory damages, with respect to
that violation.
(b) A child welfare service provider that prevails in an action by
establishing a violation of section 3 is entitled to recover reasonable
attorneys' fees and costs.
(c) By accepting or expending federal funds in connection with a
program that provides child welfare services under part B or part E of
title IV of the Social Security Act, a State waives its sovereign
immunity for any claim or defense that is raised under this section.
SEC. 6. SEVERABILITY.
If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act and the application of the provision to any other
person or circumstance shall not be affected.
SEC. 7. EFFECTIVE DATE.
(a) The amendments made by this Act shall take effect on the 1st
day of the 1st fiscal year beginning on or after the date of the
enactment of this Act, and the withholding of funds authorized by
section 4 shall apply to payments under parts B and E of such Act for
calendar quarters beginning on or after such date.
(b) If legislation (other than legislation appropriating funds) is
required for a governmental entity to bring itself into compliance with
this Act, the governmental entity shall not be regarded as violating
this Act before the 1st day of the 1st calendar quarter beginning after
the first regular session of the legislative body that begins after the
date of the enactment of this Act. For purposes of the preceding
sentence, if the governmental entity has a 2-year legislative session,
each year of the session is deemed to be a separate regular session.
SEC. 8. DEFINITIONS.
The following definitions apply throughout this Act:
(1) The term ``child welfare service provider'' includes
organizations, corporations, groups, entities, or individuals
that provide or seek to provide, or that apply for or receive a
contract, subcontract, grant, or subgrant for the provision of,
child welfare services. The provider need not be engaged
exclusively in child welfare services to be considered a child
welfare service provider.
(2) The term ``child welfare services'' means social
services provided to or on behalf of children, including
assisting abused, neglected, or troubled children, counseling
children or parents, promoting foster parenting, providing
foster homes or temporary group shelters for children,
recruiting foster parents, placing children in foster homes,
licensing foster homes, promoting adoption, recruiting adoptive
parents, assisting adoptions, supporting adoptive families,
assisting kinship guardianships, assisting kinship caregivers,
providing family preservation services, providing family
support services, and providing time-limited family
reunification services.
(3) The term ``State'' includes any of the several States,
the District of Columbia, any commonwealth, territory or
possession of the United States, and any political subdivision
thereof.
(4) The terms ``funding'', ``funded'', or ``funds'' include
money paid pursuant to a contract, grant, voucher, or similar
means.
(5) The term ``adverse action'' includes, but is not
limited to, denying a child welfare service provider's
application for funding, refusing to renew the provider's
funding, canceling the provider's funding, declining to enter
into a contract with the provider, refusing to renew a contract
with the provider, canceling a contract with the provider,
declining to issue a license to the provider, refusing to renew
the provider's license, canceling the provider's license,
terminating the provider's employment, or any other adverse
action that materially alters the terms or conditions of the
provider's employment, funding, contract, or license. | Child Welfare Provider Inclusion Act of 2014 - Prohibits the federal government, and any state that receives federal funding for any program that provides child welfare services under part B (Child and Family Services) or part E (Federal Payments for Foster Care and Adoption Assistance) of title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act (SSA), from discriminating or taking an adverse action against a child welfare service provider that declines to provide, facilitate, or refer for a child welfare service that conflicts with the provider's sincerely held religious beliefs or moral convictions. Bars such prohibition from applying to SSA requirements that forbid state entities from denying or delaying adoption or foster care placements on the basis of an adoptive parent's or a child's race, color, or national origin. Requires the Secretary of Health and Human Services (HHS) to withhold 15% of the federal funds that a state receives for such programs if the state violates this Act. Allows an aggrieved child welfare service provider to assert such an adverse action violation as a claim or defense in a judicial proceeding and to obtain all appropriate relief (including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney fees and costs). | {"src": "billsum_train", "title": "Child Welfare Provider Inclusion Act of 2014"} | 2,004 | 302 | 0.542873 | 1.699011 | 0.680868 | 4.040486 | 7.874494 | 0.898785 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Ready Employers
Willing to Assist Reservists' Deployment Act of 2009'' or as the
``REWARD Act of 2009''.
(b) Findings.--The Congress finds the following:
(1) The Secretary of Defense presents Freedom Awards to
employers who demonstrate exceptional understanding and support
for employees who are deployed as members of the Ready Reserve
and National Guard.
(2) Since the Freedom Awards program was established in
1996, more than 100 employers have received the prestigous
Freedom Award.
SEC. 2. EMPLOYER CREDIT FOR COMPENSATION PAID TO EMPLOYEES WHILE
SERVING ON ACTIVE DUTY AS MEMBERS OF READY RESERVE OR THE
NATIONAL GUARD.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45R. EMPLOYER CREDIT FOR COMPENSATION PAID TO EMPLOYEES WHILE
SERVING ON ACTIVE DUTY AS MEMBERS OF READY RESERVE OR THE
NATIONAL GUARD AND FOR COMPENSATION PAID TO TEMPORARY
REPLACEMENT EMPLOYEES.
``(a) General Rule.--For purposes of section 38, in the case of an
employer, the employer Ready Reserve-National Guard active duty credit
determined under this section for the taxable year is an amount equal
to--
``(1) 50 percent of the compensation paid or incurred to
each Ready Reserve-National Guard employee of the taxpayer
while the employee is absent from employment while performing
qualified active duty, and
``(2) 50 percent of the compensation paid or incurred to
each qualified replacement employee of the taxpayer.
``(b) Limitation Applicable to Ready Reserve-National Guard
Employees.--
``(1) In general.--The amount of compensation taken into
account under subsection (a) for any period of qualified active
duty with respect to a Ready Reserve-National Guard employee
shall not exceed the active duty wage differential of such
employee for such period.
``(2) Active duty wage differential.--
``(A) In general.--For purposes of this section,
the active duty wage differential of a Ready Reserve-
National Guard employee for any period of qualified
active duty is the amount equal to the product of--
``(i) the daily wage differential of such
employee for such period, multiplied by
``(ii) the number of days that such
employee is on qualified active duty during
such period.
``(B) Daily wage differential.--For purposes of
subparagraph (A), the daily wage differential of a
Ready Reserve-National Guard employee for any period is
an amount equal to the excess of--
``(i) such employee's average daily
employer-provided compensation for such period,
over
``(ii) such employee's average daily
military pay for such period.
``(C) Average daily employer-provided
compensation.--
``(i) In general.--For purposes of
subparagraph (B), an employee's average daily
employer-provided compensation for any period
is the average daily compensation paid by the
employer to the employee for the 1-year period
ending on the day before the date that the
employee begins qualified active duty, adjusted
for cost-of-living and other increases
generally applicable to employees of the
employer for such period.
``(ii) Employer-provided compensation.--The
term `compensation' means any remuneration for
employment, whether in cash or in kind, which
is allowable as a deduction under section
162(a)(1).
``(D) Average daily military pay.--
``(i) In general.--For purposes of
subparagraph (B), a Ready Reserve-National
Guard employee's average daily military pay is
the average daily military pay and allowances
received by the employee on account of the
employee's performance of qualified active duty
during the period.
``(ii) Military pay and allowances.--For
purposes of clause (i)--
``(I) Military pay.--The term
`military pay' means pay (as defined in
section 101(21) of title 37, United
States Code).
``(II) Allowances.--The term
`allowances' means the allowances
payable to a member of the Armed Forces
of the United States under chapter 7 of
such title.
``(c) Limitation Applicable to Qualified Replacement Employees.--
``(1) In general.--The amount of compensation taken into
account under subsection (a) with respect to any qualified
replacement employee for any period shall not exceed the amount
equal to the product of--
``(A) the average daily employer-provided
compensation for such period of the Ready Reserve-
National Guard employee being replaced by such
replacement employee for such period, and
``(B) the number of days that the Ready Reserve-
National Guard employee is on qualified active duty
during such period.
``(d) Definitions.--For purposes of this section--
``(1) Ready reserve-national guard employee.--
``(A) In general.--The term `Ready Reserve-National
Guard employee' means any employee--
``(i) who is a member of the Ready Reserve
or of the National Guard, and
``(ii) who was an employee of the taxpayer
during the 1-year period ending on the day
before the date that the employee begins
qualified active duty.
``(B) National guard.--The term `National Guard'
has the meaning given such term by section 101(c)(1) of
title 10, United States Code.
``(C) Ready reserve.--The term `Ready Reserve' has
the meaning given such term by section 10142 of title
10, United States Code.
``(2) Qualified active duty.--The term `qualified active
duty' means--
``(A) active duty under an order or call for a
period in excess of 90 days or for an indefinite
period, other than the training duty specified in--
``(i) section 10147 of title 10, United
States Code (relating to training requirements
for the Ready Reserve), or
``(ii) section 502(a) of title 32, United
States Code (relating to required drills and
field exercises for the National Guard), in
connection with which an employee is entitled
to reemployment rights and other benefits or to
a leave of absence from employment under
chapter 43 of title 38, United States Code, and
``(B) hospitalization incident to such active duty.
``(3) Qualified replacement employee.--The term `qualified
replacement employee' means any employee who is hired by the
taxpayer to replace a Ready Reserve-National Guard employee
during a period of qualified active duty, but only with respect
to periods for which the taxpayer has paid such Ready Reserve-
National Guard employee an amount not less than the active duty
wage differential (if any) for such period.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code (relating to certain expenses for which credits are
allowable) is amended by inserting ``45R(a),'' after ``45P(a),''.
(c) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (34), by striking
the period at the end of paragraph (35) and inserting ``, plus'', and
by inserting after paragraph (35) the following new paragraph:
``(36) in the case of an employer, the employer Ready
Reserve-National Guard employee credit determined under section
45R(a).''.
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``Sec. 45R. Employer credit for compensation paid to employees while
serving on active duty as members of Ready
Reserve or the National Guard and for
compensation paid to temporary replacement
employees.''.
(e) Effective Date.--The amendments made by this section shall
apply to periods of qualified active duty (as defined in section 45R(d)
of the Internal Revenue Code of 1986, as added by this section) in
taxable years beginning after December 31, 2008.
(f) Information on Military Pay and Allowances.--The Secretary
concerned (as defined in section 101 of title 10, United States Code)
shall provide to employers and the Secretary of the Treasury such
information as is necessary to determine the proper amount of credit
allowable to employers under such section 45R. | Ready Employers Willing to Assist Reservists' Deployment Act of 2009 or the REWARD Act of 2009 - Amends the Internal Revenue Code to allow employers a tax credit for 50% of the wages paid to their employees on active military duty for more than 90 days as Ready Reserve or National Guard and for 50% of the wages paid to temporary replacement employees. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax equal to 50 percent of the compensation paid to employees while they are performing active duty service as members of the Ready Reserve or the National Guard and of the compensation paid to temporary replacement employees."} | 1,986 | 82 | 0.573987 | 1.434308 | 0.797485 | 3.059701 | 26.776119 | 0.880597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistance for Workforce Recovery
Program Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) In today's global economy, employees must possess the
education and training necessary to adapt to change and learn
new skills.
(2) Community colleges provide high quality education to
students and support to businesses and employers.
(3) Community colleges collaborate with local and regional
businesses, industry, workforce investment boards, and economic
development organizations to tailor their educational programs
to deliver employers a workforce with the skills employers
need. Workers receiving customized training have increased job
performance productivity and the workforce is stronger and more
competitive as a result.
(4) Community-based job training grants were created as
part of the fiscal year 2005 budget of the President.
(5) The purpose of community-based job training grants is
to assist community colleges in training workers to develop the
skills required by employers in high-growth industries and
occupations where demand for qualified workers outstrips the
supply.
(6) Given the high level of unemployment as a result of the
economic downturn, the supply of labor now greatly outpaces
demand in many industries.
(7) According to the National Bureau of Economic Research,
the current economic recession began in December of 2007.
(b) Purpose.--It is the purpose of this Act to establish a tuition
assistance program for qualifying workers who become unemployed as a
result of the recent economic recession to enable those workers to
obtain education and training to contribute to the economic recovery.
SEC. 3. WORKFORCE RECOVERY PROGRAM.
Section 171 of the Workforce Investment Act of 1988 (29 U.S.C.
2916) is amended by adding at the end the following:
``(f) Unemployment Tuition Assistance Program.--
``(1) Definitions.--In this subsection:
``(A) 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).
``(B) Economic downturn.--The term `economic
downturn' means the recession that the National Bureau
of Economic Research determined began on December 1,
2007 in the United States.
``(C) Program.--The term `Program' means the
Unemployment Tuition Assistance Program established
under paragraph (2).
``(D) Secretary.--The term `Secretary' means the
Secretary of Labor.
``(2) Unemployment tuition assistance.--
``(A) Establishment.--Not later than 60 days after
the date of enactment of this subsection, the Secretary
shall establish a voluntary pilot program under this
section to be known as the `Unemployment Tuition
Assistance Program' to provide tuition assistance to
eligible individuals to enable such individuals to
obtain education and job training assistance.
``(B) Notification.--
``(i) In general.--The Secretary shall
ensure that each State agency responsible for
the administration of the State unemployment
compensation program distribute to any
individual in the State who submits an
application for unemployment insurance a
notification that such individual may be
eligible for participation in the Program and
information on how to apply for such
participation.
``(ii) Internet website.--The Secretary
shall maintain a public Internet website that
contains information about the Program,
including a list of participating community
colleges.
``(iii) Participating community colleges.--
Nothing in clause (i) shall be construed to
prevent a participating community college from
advertising the existence of the Program or
otherwise informing individuals of such
Program.
``(C) Eligibility.--
``(i) Eligibility of individuals.--
``(I) General eligibility.--To be
eligible to receive a certification of
eligibility from a participating
community college for tuition
assistance under the Program, an
individual shall--
``(aa) submit to the
participating community college
an application, in a manner
prescribed by the Secretary;
``(bb) be an individual and
who became unemployed (as
described in subclause
(II)(aa)) on or after December
1, 2007, and whose employment
loss resulted from the economic
downturn;
``(cc) be determined to be
eligible by a participating
community college as provided
for in subclause (II); and
``(dd) comply with any
guidelines issued by the
Secretary (in consultation with
the Secretary of Education) or
the participating community
college involved, so long as
such guidelines are not
inconsistent with the
requirements of subclause (II).
``(II) Determinations by college.--
An individual shall not be certified as
an eligible individual under subclause
(I)(cc) unless the participating
community college involved determines
that--
``(aa) the individual has
been involuntarily terminated,
laid off, or has had his or her
work hours reduced to zero;
``(bb) the termination,
layoff or reduction in hours
described in item (aa) occurred
on or after December 1, 2007;
and
``(cc) the termination,
layoff or reduction in hours
described in item (aa) is the
result of job loss related to
the economic downturn.
``(ii) Eligibility of entities.--To be
eligible to be a participating community
college under the program, an entity shall--
``(I) be a community college; and
``(II) submit to the Secretary an
application for a certification of
participation at such time, in such
manner, and containing such information
as the Secretary may require.
``(iii) Additional assistance.--The
Secretary may provide additional assistance to
a community college submitting an application
under clause (ii) if the Secretary determines,
as soon as practicable after receipt of the
application, that the college--
``(I) is located in a high need
area (as determined by the Secretary);
and
``(II) is located in an underserved
area (as determined by the Secretary).
``(D) Use of assistance.--Assistance received under
the Program shall be used to pay the costs for
enrollment in classes or job training programs offered
at a participating community college.
``(E) Amount of assistance.--
``(i) In general.--Subject to clause (ii),
an individual participating in the Program
shall receive tuition assistance in an amount
that does not exceed--
``(I) the tuition costs for
enrollment in one semester of classes
offered by a participating community
college; or
``(II) the cost of participation in
a job training program offered by a
participating community college.
``(ii) Limitation.--The amount of
assistance provided under clause (i) (whether
for enrollment in classes or a job training
program) shall not exceed an amount equal to
the cost of enrollment in 12 credits worth of
classes at the participating community college
but in no event to exceed $1,000.
``(iii) Additional benefits.--The Secretary
may provide for the awarding of additional
assistance to individuals or participating
community colleges under the Program for use in
areas of high unemployment or in underserved
rural populations, as determined by the
Secretary.
``(F) Payment.--The Secretary shall establish
guidelines for making assistance payments under the
Program. Such guidelines shall provide that payments
shall be made directly to the participating community
college involved based on the number of eligible
individuals certified by such college for the period
involved.
``(G) Provision for quality education.--The
Secretary shall issue guidelines to participating
community colleges that are designed to ensure the
quality of education and job training for which
eligible individuals will be awarded credit under the
program under this Act.
``(H) Reporting requirements.--Not later than
February 1, and July 1, of each year in which this
subsection is in effect, the Secretary shall submit to
Congress a report concerning the program under this
subsection that includes--
``(i) the names and locations of
participating community colleges;
``(ii) the number of students participating
at each such college;
``(iii) the number of credits awarded by
each such college under the program; and
``(iv) the amount of expenditures by the
Secretary under such program.
``(3) Funding.--The Secretary shall use amounts available
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) to carry
out this subsection.
``(4) Sunset.--The Program shall terminate on December 31,
2011.''. | Assistance for Workforce Recovery Program Act - Amends the Workforce Investment Act of 1988 to require the Secretary of Labor to establish the Unemployment Tuition Assistance Program making tuition assistance available to individuals who became or become unemployed on or after December 1, 2007, due to the recession for their pursuit of education and job training at participating community colleges.
Directs the Secretary to provide tuition assistance payments directly to participating community colleges. Permits the Secretary to provide additional assistance to community colleges in high need and underserved areas.
Requires state unemployment compensation program applicants to be informed of their possible eligibility for participation in the Unemployment Tuition Assistance Program. Directs the Secretary to maintain a public Internet website containing Program information, including a list of participating community colleges.
Terminates the Program at the close of 2011. | {"src": "billsum_train", "title": "A bill to establish a program to provide tuition assistance to individuals who have lost their jobs as a result of the economic downturn."} | 1,890 | 168 | 0.545456 | 1.435628 | 0.68187 | 2.771812 | 12.080537 | 0.919463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jerusalem Embassy Relocation
Implementation Act of 1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Each sovereign nation, under international law and
custom, may designate its own capital.
(2) Since 1950, the city of Jerusalem has been the capital
of the State of Israel.
(3) The city of Jerusalem is the seat of Israel's
President, Parliament, and Supreme Court, and the site of
numerous government ministries and social and cultural
institutions.
(4) The city of Jerusalem is the spiritual center of
Judaism, and is also considered a holy city by the members of
other religious faiths.
(5) From 1948-1967, Jerusalem was a divided city and
Israeli citizens of all faiths as well as Jewish citizens of
all states were denied access to holy sites in the area
controlled by Jordan.
(6) In 1967, the city of Jerusalem was reunited during the
conflict known as the Six Day War.
(7) Since 1967, Jerusalem has been a united city
administered by Israel, and persons of all religious faiths
have been guaranteed full access to holy sites within the city.
(8) This year marks the 28th consecutive year that
Jerusalem has been administered as a unified city in which the
rights of all faiths have been respected and protected.
(9) In 1992, the United States Senate and House of
Representatives unanimously adopted Senate Concurrent
Resolution 113 of the One Hundred Second Congress to
commemorate the 25th anniversary of the reunification of
Jerusalem, and reaffirming congressional sentiment that
Jerusalem must remain an undivided city.
(10) The September 13, 1993, Declaration of Principles on
Interim Self-Government Arrangements lays out a timetable for
the resolution of ``final status'' issues, including Jerusalem.
(11) The Agreement on the Gaza Strip and the Jericho Area
was signed May 4, 1994, beginning the five-year transitional
period laid out in the Declaration of Principles.
(12) In March of 1995, 93 members of the United States
Senate signed a letter to Secretary of State Warren Christopher
encouraging ``planning to begin now'' for relocation of the
United States Embassy to the city of Jerusalem.
(13) The United States maintains its embassy in the
functioning capital of every country except in the case of our
democratic friend and strategic ally, the State of Israel.
(14) The United States conducts official meetings and other
business in the city of Jerusalem in
de facto recognition of its status as the capital of Israel.
(15) In 1996, the State of Israel will celebrate the
3,000th anniversary of the Jewish presence in Jerusalem since
King David's entry.
SEC. 3. TIMETABLE.
(a) Statement of Policy.--It is the policy of the United States
that--
(1) Jerusalem should be recognized as the capital of the
State of Israel;
(2) groundbreaking for construction of the United States
Embassy in Jerusalem should begin no later than December 31,
1996; and
(3) the United States Embassy should be officially open in
Jerusalem no later than May 31, 1999.
(b) Construction Determination.--Not more than 50 percent of the
funds appropriated to the Department of State for fiscal year 1997 for
``Acquisition and Maintenance of Buildings Abroad'' may be obligated
until the Secretary of State determines and reports to Congress that
construction has begun on the site of the United States Embassy in
Jerusalem.
(c) Opening Determination.--Not more than 50 percent of the funds
appropriated to the Department of State for fiscal year 1999 for
``Acquisition and Maintenance of Buildings Abroad'' may be obligated
until the Secretary of State determines and reports to Congress that
the United States Embassy in Jerusalem has officially opened.
SEC. 4. FISCAL YEAR 1995 FUNDING.
Of the funds appropriated for fiscal year 1995 for the Department
of State and related agencies, not less than $5,000,000 shall be made
available until expended for costs associated with relocating the
United States Embassy in Israel to Jerusalem, including but not limited
to site identification, surveys, and land acquisition. Such funds shall
be made available in accordance with the procedures contained in
section 34 of the State Department Basic Authorities Act (22 U.S.C.
2706).
SEC. 5. FISCAL YEARS 1996 AND 1997 FUNDING.
(a) Fiscal Year 1996.--Of the funds authorized to be appropriated
for ``Acquisition and Maintenance of Buildings Abroad'' for the
Department of State in fiscal year 1996, not less than $25,000,000
shall be made available until expended only for construction and other
costs associated with the relocation of the United States Embassy in
Israel to the capital of Jerusalem.
(b) Fiscal Year 1997.--Of the funds authorized to be appropriated
for ``Acquisition and Maintenance of Buildings Abroad'' for the
Department of State in fiscal year 1997, not less than $75,000,000
shall be made available until expended only for construction and other
costs associated with the relocation of the United States Embassy in
Israel to the capital of Jerusalem.
SEC. 6. REPORT ON IMPLEMENTATION.
Not later than 30 days after the date of enactment of this Act, the
Secretary of State shall submit a report to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
detailing the Department of State's plan to implement this Act. Such
report shall include--
(1) estimated dates of completion for each phase of the
relocation of the United States Embassy, including site
identification, land acquisition, architectural, engineering
and construction surveys, site preparation, and construction;
and
(2) an estimate of the funding necessary to implement this
Act, including all costs associated with relocating the United
States Embassy to Jerusalem.
SEC. 7. SEMIANNUAL REPORTS.
Beginning January 1, 1996, and every six months thereafter, the
Secretary of State shall report to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate on
the progress made toward opening the United States Embassy in
Jerusalem.
SEC. 8. DEFINITION.
As used in this Act, the term ``United States Embassy'' means the
offices of the United States diplomatic mission and the residence of
the United States chief of mission. | Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999.
States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened.
Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction.
Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem. | {"src": "billsum_train", "title": "Jerusalem Embassy Relocation Implementation Act of 1995"} | 1,342 | 255 | 0.516369 | 1.617491 | 0.673288 | 4.52521 | 5.453782 | 0.903361 |
SECTION 1. IMPROVEMENT OF LOAN REPAYMENT PROGRAMS OF NATIONAL
INSTITUTES OF HEALTH.
(a) In General.--Part G of title IV of the Public Health Service
(42 U.S.C. 288 et seq.) is amended--
(1) by redesignating the second section 487F (42 U.S.C.
288-6; pediatric research loan repayment program) as section
487G; and
(2) by inserting after section 487G, as so redesignated,
the following:
``SEC. 487H. LOAN REPAYMENT PROGRAM.
``(a) In General.--The Secretary shall establish a program, based
on workforce and scientific needs, of entering into contracts with
qualified health professionals under which such health professionals
agree to engage in research in consideration of the Federal Government
agreeing to pay, for each year of engaging in such research, not more
than $50,000 of the principal and interest of the educational loans of
such health professionals.
``(b) Adjustment for Inflation.--Beginning with respect to fiscal
year 2017, the Secretary may increase the maximum amount specified in
subsection (a) by an amount that is determined by the Secretary, on an
annual basis, to reflect inflation.
``(c) Limitation.--The Secretary may not enter into a contract with
a health professional pursuant to subsection (a) unless such
professional has a substantial amount of educational loans relative to
income.
``(d) Applicability of Certain Provisions Regarding Obligated
Service.--Except to the extent inconsistent with this section, the
provisions of sections 338B, 338C, and 338E shall apply to the program
established under this section to the same extent and in the same
manner as such provisions apply to the National Health Service Corps
Loan Repayment Program established under section 338B.
``(e) Availability of Appropriations.--Amounts appropriated for a
fiscal year for contracts under subsection (a) are authorized to remain
available until the expiration of the second fiscal year beginning
after the fiscal year for which the amounts were appropriated.''.
(b) Update of Other Loan Repayment Programs.--
(1) Loan repayment program for minority health disparities
research.--Section 464z-5(a) of the Public Health Service Act
(42 U.S.C.285t-2(a)) is amended--
(A) in subsection (a), by striking ``$35,000'' and
inserting ``$50,000''; and
(B) by adding at the end the following new
sentence: ``Subsection (b) of section 487H shall apply
with respect to the maximum amount specified in this
subsection in the same manner as it applies to the
maximum amount specified in subsection (a) of such
section.''.
(2) Loan repayment program for research with respect to
acquired immune deficiency syndrome.--Section 487A(a) of such
Act (42 U.S.C. 288-1(a)) is amended--
(A) by striking ``$35,000'' and inserting
``$50,000''; and
(B) by adding at the end the following new
sentence: ``Subsection (b) of section 487H shall apply
with respect to the maximum amount specified in this
subsection in the same manner as it applies to the
maximum amount specified in subsection (a) of such
section.''.
(3) Loan repayment program for research with respect to
contraception and infertility.--Section 487B(a) of such Act (42
U.S.C. 288-2(a)) is amended--
(A) by striking ``$35,000'' and inserting
``$50,000''; and
(B) by adding at the end the following new
sentence: ``Subsection (b) of section 487H shall apply
with respect to the maximum amount specified in this
subsection in the same manner as it applies to the
maximum amount specified in such subsection (a) of such
section.''.
(4) Loan repayment program for research generally.--Section
487C(a)(1) of such Act (42 U.S.C. 288-3(a)(1)) is amended--
(A) by striking ``$35,000'' and inserting
``$50,000''; and
(B) by adding at the end the following new
sentence: ``Subsection (b) of section 487H shall apply
with respect to the maximum amount specified in this
paragraph in the same manner as it applies to the
maximum amount specified in such subsection (a) of such
section.''.
(5) Loan repayment program regarding clinical researchers
from disadvantaged backgrounds.--Section 487E(a)(1) of such Act
(42 U.S.C. 288-5(a)(1)) is amended--
(A) by striking ``$35,000'' and inserting
``$50,000''; and
(B) by adding at the end the following new
sentence: ``Subsection (b) of section 487H shall apply
with respect to the maximum amount specified in this
paragraph in the same manner as it applies to the
maximum amount specified in such subsection (a) of such
section.''.
(6) Loan repayment program regarding clinical
researchers.--Section 487F(a) of such Act (42 U.S.C. 288-
5a(a)), as added by section 205 of Public Law 106-505, is
amended--
(A) by striking ``$35,000'' and inserting
``$50,000''; and
(B) by adding at the end the following new
sentence: ``Subsection (b) of section 487H shall apply
with respect to the maximum amount specified in this
subsection in the same manner as it applies to the
maximum amount specified in such subsection (a) of such
section.''.
(7) Pediatric research loan repayment program.--Section
487F of such Act (42 U.S.C. 288-6, as added by section 1002(b)
of Public Law 106-310, is amended--
(A) in subsection (a)(1), by striking ``$35,000''
and inserting ``$50,000'';
(B) in subsection (b), by adding at the end the
following new sentence: ``Subsection (b) of section
487H shall apply with respect to the maximum amount
specified in subsection (a)(1) in the same manner as it
applies to the maximum amount specified in such
subsection (a) of such section.''; and
(C) by redesignating such section as section 487G. | This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to establish a loan repayment program for health professionals engaging in research. The maximum awards of the loan repayment programs for minority health disparities research, AIDS research, research with respect to contraception and infertility, research as an employee of the National Institutes of Health, clinical researchers from disadvantaged backgrounds, clinical researchers, and pediatric research are increased and may be adjusted for inflation by HHS. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to improve loan repayment programs of the National Institutes of Health."} | 1,469 | 105 | 0.544373 | 1.479931 | 0.7806 | 1.891304 | 13.684783 | 0.826087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``African Elephant Conservation and
Legal Ivory Possession Act of 2015''.
SEC. 2. LIMITED EXEMPTION FOR CERTAIN AFRICAN ELEPHANT IVORY.
Section 2203 of the African Elephant Conservation Act (16 U.S.C.
4223) is amended--
(1) in the section heading by striking ``acts.'' and
inserting ``acts.
``(a) In General.--'';
(2) in subsection (a) (as so designated), by inserting
``subsection (b) and'' after ``in''; and
(3) by adding at the end the following:
``(b) Exemption.--Nothing in this Act or subsection (a) or (d) of
section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538)
prohibits the importation or exportation, or requires permission of the
Secretary for the importation or exportation, of--
``(1) any raw ivory or worked ivory--
``(A) imported solely to become part of a permanent
collection of a museum, return to a lending museum, or
display in a museum; or
``(B) exported solely--
``(i) to display in a foreign museum; or
``(ii) to return to a foreign person who
lent the ivory to a museum in the United
States;
``(2) any raw ivory or worked ivory that was lawfully
importable into the United States on February 24, 2014,
regardless of the date on which the ivory was acquired; or
``(3) any worked ivory that was previously lawfully
possessed in the United States.''.
SEC. 3. TREATMENT OF ELEPHANT IVORY.
Section 2203 of the African Elephant Conservation Act (16 U.S.C.
4223) (as amended by section 2) is amended by adding at the end the
following:
``(c) Treatment of Elephant Ivory.--Nothing in this Act or the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the African
Elephant Conservation Act (16 U.S.C. 4201 et seq.)--
``(1) prohibits, or authorizes prohibiting, the purchase,
possession, sale, delivery, receipt, shipment, export or
import, or transportation of African elephant ivory, or any
product or antique containing African elephant ivory, that has
been lawfully imported or crafted in the United States; or
``(2) authorizes using any means of determining for
purposes of this Act or the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) whether African elephant ivory or an
antique containing African elephant ivory has been lawfully
imported, exported, bought, sold, possessed, or transported,
including any presumption or burden of proof applied in such a
determination, other than the means used by the Secretary as of
February 24, 2014.''.
SEC. 4. SPORT-HUNTED ELEPHANT TROPHIES.
Section 2203 of the African Elephant Conservation Act (16 U.S.C.
4223) (as amended by section 3) is amended by adding at the end the
following:
``(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or
subsection (a) or (d) of section 9 of the Endangered Species Act of
1973 (16 U.S.C. 1538) prohibits any citizen or legal resident of the
United States, or an agent of such an individual, from importing a
sport-hunted African elephant trophy under section 2202(e), if the
country in which the African elephant was taken had an elephant
population on appendix II of CITES on the date on which the trophy
elephant was taken.
``(e) Relationship to the Convention.--Nothing in this section
modifies or repeals--
``(1) the duties of the Secretary to implement CITES and
the appendices of CITES; or
``(2) section 8A or 9(c) of the Endangered Species Act of
1973 (16 U.S.C. 1537a, 1538(c)).''.
SEC. 5. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW
ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE
COUNTRY.
Part I of the African Elephant Conservation Act (16 U.S.C. 4211 et
seq.) is amended by adding at the end the following:
``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW
ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE
COUNTRY.
``(a) In General.--The Secretary, in coordination with the
Secretary of State, may station in each African country that has a
significant population of African elephants one United States Fish and
Wildlife Service law enforcement officer in the primary United States
diplomatic or consular post.
``(b) Duties.--A United States Fish and Wildlife Service law
enforcement officer stationed in an African elephant range country
under subsection (a) shall--
``(1) assist local wildlife rangers in the protection of
African elephants; and
``(2) facilitate the apprehension of individuals who
illegally kill, or assist the illegal killing of, African
elephants.''.
SEC. 6. CERTIFICATION FOR PURPOSES OF THE FISHERMEN'S PROTECTIVE ACT OF
1967.
Section 2202 of the African Elephant Conservation Act (16 U.S.C.
4222) is amended by adding at the end the following:
``(g) Certification.--If the Secretary determines that a country,
directly or indirectly, is a significant transit or destination point
for illegal ivory trade, the Secretary shall certify that fact to the
President with respect to the country for purposes of section 8(a) of
the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.
SEC. 7. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE PRIORITY
AND REAUTHORIZATION.
(a) Financial Assistance Priority.--Section 2101 of the African
Elephant Conservation Act (16 U.S.C. 4211) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Priority.--The Secretary shall, in providing financial
assistance under this section, give priority to projects designed to
facilitate the acquisition of equipment and training of wildlife
officials in ivory producing countries to be used in anti-poaching
efforts.''.
(b) Reauthorization.--Section 2306(a) of the African Elephant
Conservation Act (16 U.S.C. 4245(a)) is amended by striking ``2007
through 2012'' and inserting ``2016 through 2020''. | African Elephant Conservation and Legal Ivory Possession Act of 2015 This bill revises and reauthorizes the African Elephant Conservation Act through FY2020. Raw or worked ivory may be imported or exported under that Act and the Endangered Species Act of 1973 if: (1) the ivory is for a museum; (2) the ivory was lawfully importable into the United States on February 24, 2014, regardless of when it was acquired; or (3) the worked ivory was previously lawfully possessed in the United States. This bill authorizes: (1) commerce in African elephant ivory or in products containing African elephant ivory that have been lawfully imported or crafted in the United States; and (2) the importation of a sport-hunted African elephant trophy if the trophy was taken from certain elephants populations that at the time were not necessarily threatened with extinction, but may have become so unless trade was closely controlled. Interior may station one U.S. Fish and Wildlife Service law enforcement officer in each African country that has a significant population of African elephants to assist local wildlife rangers in protecting the elephants and facilitating the apprehension of individuals who illegally kill them or assist in killing them. The President may embargo any products from a country if it is a significant transit or destination point for illegal ivory trade. In providing financial assistance under the African Elephant Conservation Act, Interior must prioritize projects for facilitating the acquisition of equipment and training to wildlife officials in ivory-producing countries to be used in anti-poaching efforts. | {"src": "billsum_train", "title": "African Elephant Conservation and Legal Ivory Possession Act of 2015"} | 1,615 | 327 | 0.630802 | 1.947422 | 0.732172 | 3.592982 | 4.614035 | 0.870175 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Environmental Audit
Protection Act''.
SEC. 2. VOLUNTARY SELF-EVALUATION PROTECTION.
(a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 179--VOLUNTARY SELF-EVALUATION PROTECTION
``Sec.
``3801. Admissibility of environmental audit reports.
``3802. Testimony.
``3803. Disclosure to a Federal agency.
``3804. Definitions.
``Sec. 3801. Admissibility of environmental audit reports
``(a) General Rule.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), an environmental audit report prepared in good faith by a
person or government entity related to, and essentially
constituting a part of, an environmental audit shall not be
subject to discovery and shall not be admitted into evidence in
any civil or criminal action or administrative proceeding
before a Federal court or agency or under Federal law.
``(2) Exclusions.--Paragraph (1) shall not apply to--
``(A) any document, communication, data, report, or
other information required to be collected, developed,
maintained, or reported to a regulatory agency pursuant
to a covered Federal law;
``(B) information obtained by observation,
sampling, or monitoring by any regulatory agency; or
``(C) information obtained from a source
independent of the environmental audit.
``(3) Inapplicability.--Paragraph (1) shall not apply to an
environmental audit report, if--
``(A) the owner or operator of the facility that
initiated the environmental audit expressly waives the
right of the person or government entity to exclude
from the evidence or proceeding material subject to
this section;
``(B) after an in camera hearing, the appropriate
Federal court determines that--
``(i) the environmental audit report
provides evidence of noncompliance with a
covered Federal law; and
``(ii) appropriate efforts to achieve
compliance were not promptly initiated and
pursued with reasonable diligence; or
``(C) the person or government entity is asserting
the applicability of the exclusion under this
subsection for a fraudulent purpose.
``(b) Determination of Applicability.--The appropriate Federal
court shall conduct an in camera review of the report or portion of the
report to determine the applicability of subsection (a) to an
environmental audit report or portion of a report.
``(c) Burdens of Proof.--
``(1) In general.--Except as provided in paragraph (2), a
party invoking the protection of subsection (a)(1) shall have
the burden of proving the applicability of such subsection
including, if there is evidence of noncompliance with an
applicable environmental law, the burden of proving a prima
facie case that appropriate efforts to achieve compliance were
promptly initiated and pursued with reasonable diligence.
``(2) Waiver and fraud.--A party seeking discovery under
subparagraph (A) or (C) of subsection (b)(3) shall have the
burden of proving the existence of a waiver, or that subsection
(a)(1) has been invoked for a fraudulent purpose.
``(d) Effect on Other Rules.--Nothing in this Act shall limit,
waive, or abrogate the scope or nature of any statutory or common law
rule regarding discovery or admissibility of evidence, including the
attorney-client privilege and the work product doctrine.
``Sec. 3802. Testimony
``Notwithstanding any other provision of law, a person or
government entity, including any officer or employee of the person or
government entity, that performs an environmental audit may not be
required to give testimony in a Federal court or an administrative
proceeding of a Federal agency without the consent of the person or
government entity concerning the environmental audit, including the
environmental audit report with respect to which section 3801(a)
applies.
``Sec. 3803. Disclosure to a Federal agency
``(a) In General.--The disclosure of information relating to a
covered Federal law to the appropriate official of a Federal agency or
State agency responsible for administering a covered Federal law shall
be considered to be a voluntary disclosure subject to the protections
provided under section 3801, section 3802, and this section if--
``(1) the disclosure of the information arises out of an
environmental audit;
``(2) the disclosure is made promptly after the person or
government entity that initiates the audit receives knowledge
of the information referred to in paragraph (1);
``(3) the person or government entity that initiates the
audit initiates an action to address the issues identified in
the disclosure--
``(A) within a reasonable period of time after
receiving knowledge of the information; and
``(B) within a period of time that is adequate to
achieve compliance with the requirements of the covered
Federal law that is the subject of the action
(including submitting an application for an applicable
permit); and
``(4) the person or government entity that makes the
disclosure provides any further relevant information requested,
as a result of the disclosure, by the appropriate official of
the Federal agency responsible for administering the covered
Federal law.
``(b) Involuntary Disclosures.--For the purposes of this chapter, a
disclosure of information to an appropriate official of a Federal
agency shall not be considered to be a voluntary disclosure described
in subsection (a) if the person or government entity making the
disclosure has been found by a Federal or State court to have committed
repeated violations of Federal or State laws, or orders on consent,
related to environmental quality, due to separate and distinct events
giving rise to the violations, during the 3-year period prior to the
date of the disclosure.
``(c) Presumption of Applicability.--If a person or government
entity makes a disclosure, other than a disclosure referred to in
subsection (b), of a violation of a covered Federal law to an
appropriate official of a Federal agency responsible for administering
the covered Federal law--
``(1) there shall be a presumption that the disclosure is a
voluntary disclosure described in subsection (a), if the person
or government entity provides information supporting a claim
that the information is such a voluntary disclosure at the time
the person or government entity makes the disclosure; and
``(2) unless the presumption is rebutted, the person or
government entity shall be immune from any administrative,
civil, or criminal penalty for the violation.
``(d) Rebuttal of Presumption.--
``(1) In general.--The head of a Federal agency described
in subsection (c) shall have the burden of rebutting a
presumption established under such subsection. If the head of
the Federal agency fails to rebut the presumption--
``(A) the head of the Federal agency may not assess
an administrative penalty against a person or
government entity described in subsection (c) with
respect to the violation of the person or government
entity and may not issue a cease and desist order for
the violation; and
``(B) a Federal court may not assess a civil or
criminal fine against the person or government entity
for the violation.
``(2) Final agency action.--A decision made by the head of
the Federal agency under this subsection shall constitute a
final agency action.
``(e) Statutory Construction.--Except as expressly provided in this
section, nothing in this section is intended to affect the authority of
a Federal agency responsible for administering a covered Federal law to
carry out any requirement of the law associated with information
disclosed in a voluntary disclosure described in subsection (a).
``Sec. 3804. Definitions
``As used in this chapter:
``(1) Covered federal law.--The term `covered Federal
law'--
``(A) means--
``(i) the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.);
``(ii) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
``(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
``(iv) the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.);
``(v) title XIV of the Public Health
Service Act (commonly known as the `Safe
Drinking Water Act') (42 U.S.C. 300f et seq.);
``(vi) the Noise Control Act of 1972 (42
U.S.C. 4901 et seq.);
``(vii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
``(viii) the Clean Air Act (42 U.S.C. 7401
et seq.);
``(ix) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
``(x) the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001 et
seq.); and
``(xi) the Pollution Prevention Act of 1990
(42 U.S.C. 13101 et seq.);
``(B) includes any regulation issued under a law
listed in subparagraph (A); and
``(C) includes the terms and conditions of any
permit issued under a law listed in subparagraph (A).
``(2) Environmental audit.--The term `environmental audit'
means a voluntary and internal assessment, evaluation,
investigation or review of a facility that is--
``(A) initiated by a person or government entity;
``(B) carried out by the employees of the person or
government entity, or a consultant employed by the
person or government entity, for the express purpose of
carrying out the assessment, evaluation, investigation,
or review; and
``(C) carried out to determine whether the person
or government entity is in compliance with a covered
Federal law.
``(3) Environmental audit report.--The term `environmental
audit report' means any reports, findings, opinions, field
notes, records of observations, suggestions, conclusions,
drafts, memoranda, drawings, computer generated or
electronically recorded information, maps, charts, graphs,
surveys, or other communications associated with an
environmental audit.
``(4) Federal agency.--The term `Federal agency' has the
meaning provided the term `agency' under section 551 of title
5.
``(5) Government entity.--The term `government entity'
means a unit of State or local government.''.
(b) Technical Amendment.--The analysis for part VI of title 28,
United States Code, is amended by adding at the end the following:
``179. Voluntary Self-Evaluation Protection................. 3801''.
SEC. 3. APPLICABILITY.
This Act and the amendment made by this Act shall apply to each
Federal civil or criminal action or administrative proceeding that is
commenced after the date of enactment of this Act. | Voluntary Environmental Audit Protection Act - Provides that an environmental audit report constituting part of an environmental audit shall not be subject to discovery and admitted into evidence in civil or criminal actions or administrative proceedings before a Federal court or agency or under Federal law.
Makes such exclusion inapplicable to information: (1) required to be collected or reported to a regulatory agency pursuant to specified Federal environmental laws (covered laws); (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the audit.
Makes such exclusion inapplicable if: (1) the owner or operator of the facility that initiated the audit expressly waives the right of the person or government entity that prepared the report to exclude such material from the evidence or proceeding; (2) after an in camera hearing, the appropriate Federal court determines that the environmental audit report provides evidence of noncompliance with a covered environmental law and efforts to achieve compliance were not pursued with diligence; or (3) the person or government entity is asserting the exclusion for a fraudulent purpose.
Places the burden of proof regarding the applicability of the exclusion on the person invoking its protection.
States that a person or entity that performs an audit may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without his or her consent.
Sets forth conditions under which disclosures of information relating to a covered Federal law to an appropriate Federal or State agency are considered voluntary. Considers such disclosures involuntary if the person or government entity making the disclosure has committed repeated violations of Federal or State laws relating to environmental quality due to separate events giving rise to the violations during the three-year period prior to disclosure. Presumes disclosures to be voluntary if the person or entity provides information supporting a claim that the information is a voluntary disclosure and makes such persons or entities immune from administrative, civil, or criminal penalties for violations unless such presumption is rebutted.
Places the burden of rebuttal on Federal agencies. | {"src": "billsum_train", "title": "Voluntary Environmental Audit Protection Act"} | 2,533 | 444 | 0.696876 | 2.15453 | 1.008081 | 3.870886 | 5.812658 | 0.929114 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Energy and Water Efficiency
Act of 2017''.
SEC. 2. SMART ENERGY AND WATER EFFICIENCY MANAGEMENT PILOT PROGRAM.
Subtitle A of title IX of the Energy Policy Act of 2005 (42 U.S.C.
16191 et seq.) is amended by adding at the end the following:
``SEC. 918. SMART ENERGY AND WATER EFFICIENCY MANAGEMENT PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a utility;
``(B) a municipality;
``(C) a water district;
``(D) an Indian tribe or Alaska Native village; and
``(E) any other authority that provides water,
wastewater, or water reuse services.
``(2) Pilot program.--The term `pilot program' means the
pilot program established under subsection (b)(1).
``(b) Smart Energy and Water Efficiency Management Pilot Program.--
``(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency management pilot
program in accordance with this section.
``(2) Purpose.--The purpose of the pilot program is to
award grants to eligible entities to demonstrate advanced and
innovative technology-based solutions that will--
``(A) increase the energy efficiency of water,
wastewater, and water reuse systems;
``(B) improve the energy efficiency of water,
wastewater, and water reuse systems to help communities
across the United States make significant progress in
conserving water, saving energy, and reducing costs;
``(C) support the implementation of innovative
processes and the installation of advanced automated
systems that provide real-time data on energy and
water; and
``(D) improve energy and water conservation, water
quality, and predictive maintenance of energy and water
systems, through the use of Internet-connected
technologies, including sensors, intelligent gateways,
and security embedded in hardware.
``(3) Project selection.--
``(A) In general.--The Secretary shall make
competitive, merit-reviewed grants under the pilot
program to not less than 3, but not more than 5,
eligible entities.
``(B) Selection criteria.--In selecting an eligible
entity to receive a grant under the pilot program, the
Secretary shall consider--
``(i) energy and cost savings anticipated
to result from the project;
``(ii) the innovative nature, commercial
viability, and reliability of the technology to
be used;
``(iii) the degree to which the project
integrates next-generation sensors, software,
hardware, analytics, and management tools;
``(iv) the anticipated cost effectiveness
of the project in terms of energy efficiency
savings, water savings or reuse, and
infrastructure costs averted;
``(v) whether the technology can be
deployed in a variety of geographic regions and
the degree to which the technology can be
implemented on a smaller or larger scale,
including whether the technology can be
implemented by each type of eligible entity;
``(vi) whether the technology has been
successfully deployed elsewhere;
``(vii) whether the technology is sourced
from a manufacturer based in the United States;
and
``(viii) whether the project will be
completed in 5 years or less.
``(C) Applications.--
``(i) In general.--Subject to clause (ii),
an eligible entity seeking a grant under the
pilot program shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
determines to be necessary.
``(ii) Contents.--An application under
clause (i), at a minimum, shall include--
``(I) a description of the project;
``(II) a description of the
technology to be used in the project;
``(III) the anticipated results,
including energy and water savings, of
the project;
``(IV) a comprehensive budget for
the project;
``(V) the names of the project lead
organization and any partners;
``(VI) the number of users to be
served by the project;
``(VII) a description of the ways
in which the proposal would meet
performance measures established by the
Secretary; and
``(VIII) any other information that
the Secretary determines to be
necessary to complete the review and
selection of a grant recipient.
``(4) Administration.--
``(A) In general.--Not later than 300 days after
the date of enactment of the Smart Energy and Water
Efficiency Act of 2017, the Secretary shall select
grant recipients under this section.
``(B) Evaluations.--
``(i) Annual evaluations.--The Secretary
shall annually carry out an evaluation of each
project for which a grant is provided under
this section that meets performance measures
and benchmarks developed by the Secretary,
consistent with the purposes of this section.
``(ii) Requirements.--Consistent with the
performance measures and benchmarks developed
under clause (i), in carrying out an evaluation
under that clause, the Secretary shall--
``(I) evaluate the progress and
impact of the project; and
``(II) assess the degree to which
the project is meeting the goals of the
pilot program.
``(C) Technical and policy assistance.--On request
of a grant recipient, the Secretary shall provide
technical and policy assistance to the grant recipient
to carry out the project.
``(D) Best practices.--The Secretary shall make
available to the public--
``(i) a copy of each evaluation carried out
under subparagraph (B); and
``(ii) a description of any best practices
identified by the Secretary as a result of
those evaluations.
``(E) Report to congress.--The Secretary shall
submit to Congress a report describing the results of
each evaluation carried out under subparagraph (B).
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000, to remain
available until expended.''. | Smart Energy and Water Efficiency Act of 2017 This bill amends the Energy Policy Act of 2005 to require the Department of Energy (DOE) to establish and carry out a smart energy and water efficiency management pilot program to award grants to utilities, municipalities, water districts, Indian tribes or Alaska Native villages, and other water authorities for demonstrating advanced and innovative technology-based solutions that will: increase the energy efficiency of water, wastewater, and water reuse systems; improve those systems to help communities make significant progress in conserving water, saving energy, and reducing costs; support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water; and improve energy and water conservation, water quality, and predictive maintenance of energy and water systems, through the use of Internet-connected technologies. DOE must annually evaluate each grant project and make best practices identified in the evaluations available to the public. | {"src": "billsum_train", "title": "Smart Energy and Water Efficiency Act of 2017"} | 1,384 | 189 | 0.713819 | 2.012527 | 0.941553 | 4.907609 | 7.108696 | 0.896739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Affordable Prescription
Drugs Act of 2015''.
SEC. 2. SAFE AND AFFORDABLE PRESCRIPTION DRUGS.
Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381 et seq.) is amended by adding at the end the following:
``SEC. 810. IMPORTATION BY INDIVIDUALS OF PRESCRIPTION DRUGS.
``(a) In General.--Notwithstanding any other provision of this Act,
not later than 180 days after the date of enactment of this section,
the Secretary shall promulgate regulations permitting individuals to
safely import into the United States a prescription drug described in
subsection (b).
``(b) Prescription Drug.--A prescription drug described in this
subsection--
``(1) is a prescription drug that--
``(A) is purchased from an approved pharmacy;
``(B) is dispensed by a pharmacist licensed to
practice pharmacy and dispense prescription drugs in
the country in which the pharmacy is located;
``(C) is purchased for personal use by the
individual, not for resale, in quantities that do not
exceed a 90-day supply;
``(D) is filled using a valid prescription issued
by a physician licensed to practice in a State in the
United States; and
``(E) has the same active ingredient or
ingredients, route of administration, dosage form, and
strength as a prescription drug approved by the
Secretary under chapter V; and
``(2) does not include--
``(A) a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802));
``(B) a biological product (as defined in section
351 of the Public Health Service Act (42 U.S.C. 262));
``(C) an infused drug (including a peritoneal
dialysis solution);
``(D) an intravenously injected drug;
``(E) a drug that is inhaled during surgery;
``(F) a parenteral drug;
``(G) a drug manufactured through 1 or more
biotechnology processes, including--
``(i) a therapeutic DNA plasmid product;
``(ii) a therapeutic synthetic peptide
product of not more than 40 amino acids;
``(iii) a monoclonal antibody product for
in vivo use; and
``(iv) a therapeutic recombinant DNA-
derived product;
``(H) a drug required to be refrigerated at any
time during manufacturing, packing, processing, or
holding; or
``(I) a photoreactive drug.
``(c) Approved Pharmacy.--
``(1) In general.--In this section, an approved pharmacy is
a pharmacy that--
``(A) is located in a country listed or described
in section 802(b)(1)(A); and
``(B) the Secretary certifies--
``(i) is licensed to operate and dispense
prescription drugs to individuals in the
country in which such pharmacy is located; and
``(ii) meets the criteria under paragraph
(3).
``(2) Publication of approved pharmacies.--The Secretary
shall publish on the Internet Web site of the Food and Drug
Administration a list of approved pharmacies, including the
Internet Web site address of each such approved pharmacy, from
which individuals may purchase prescription drugs in accordance
with subsection (a).
``(3) Additional criteria.--To be an approved pharmacy, the
Secretary shall certify that the pharmacy--
``(A) has been in existence for a period of at
least 5 years preceding the date of such certification
and has a purpose other than to participate in the
program established under this section;
``(B) operates in accordance with pharmacy
standards set forth by the pharmacy rules and
regulations enacted in the country in which it is
located;
``(C) has processes established by the pharmacy, or
participates in another established process, to certify
that the physical premises and data reporting
procedures and licenses are in compliance with all
applicable laws and regulations, and has implemented
policies designed to monitor ongoing compliance with
such laws and regulations;
``(D) conducts or commits to participate in ongoing
and comprehensive quality assurance programs and
implements such quality assurance measures, including
blind testing, to ensure the veracity and reliability
of the findings of the quality assurance program;
``(E) agrees that laboratories approved by the
Secretary shall be used to conduct product testing to
determine the safety and efficacy of sample
pharmaceutical products;
``(F) has established, or will establish or
participate in, a process for resolving grievances and
will be held accountable for violations of established
guidelines and rules;
``(G) does not resell products from online
pharmacies located outside the country in which the
pharmacy is located to customers in the United States;
and
``(H) meets any other criteria established by the
Secretary.''. | Safe and Affordable Prescription Drugs Act of 2015 Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Department of Health and Human Services (HHS) to promulgate regulations within 180 days permitting individuals to import a prescription drug purchased from an approved foreign pharmacy that: is dispensed by a pharmacist licensed in that country; is purchased for personal use in quantities not greater than a 90-day supply; is filled using a valid prescription issued by a physician licensed to practice in the United States; and has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved under the FFDCA. Sets forth exceptions, including for controlled substances and biological products. Establishes a certification process for approving pharmacies in certain foreign countries. Requires HHS to publish a list of approved foreign pharmacies. | {"src": "billsum_train", "title": "Safe and Affordable Prescription Drugs Act of 2015"} | 1,147 | 195 | 0.598423 | 1.459008 | 0.896769 | 3.786585 | 6.378049 | 0.847561 |
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) The term ``Administrator'' means the Administrator of
the Bonneville Power Administration.
(2) The term ``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) The term ``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) The term ``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) The term ``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.
(6) The term ``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 Tribes 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.
SEC. 12. DOE STUDY.
(a) The Administrator shall undertake a study to determine the
effect that increases in the rates for electric power sales made by the
Administrator may have on the customer base of the Bonneville Power
Administration. Such study shall identify other sources of electric
power that may be available to customers of the Bonneville Power
Administration and shall estimate the level at which higher rates for
power sales by the Administration may result in the loss of customers
by the Administration.
(b) The Administrator shall undertake a study to determine the
total prior costs incurred by the Bonneville Power Administration for
compliance with the provisions of the Endangered Species Act and the
total future costs anticipated to be incurred by the Administration for
compliance with such provisions.
(c) The Administrator shall submit the results of the studies
undertaken under this section to the Congress within 180 days after the
date of the enactment of this Act. | Bonneville Power Administration Appropriations Refinancing Act - Prescribes guidelines under which the Administrator of the Bonneville Power Administration (BPA) shall 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.
Directs the Administrator to study and report to the Congress on: (1) the effect that rate increases for electric power sales may have upon the BPA customer base; and (2) the total prior costs incurred and the total future costs anticipated by the BPA for compliance with the Endangered Species Act. | {"src": "billsum_train", "title": "Bonneville Power Administration Appropriations Refinancing Act"} | 2,727 | 269 | 0.480485 | 1.574285 | 0.756516 | 3.123404 | 11.293617 | 0.876596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Disparities in Diabetes
Prevention, Access, and Care Act of 2015''.
TITLE I--NATIONAL INSTITUTES OF HEALTH
SEC. 101. RESEARCH, TREATMENT, AND EDUCATION.
(a) In General.--Subpart 3 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285c et seq.) is amended by adding at the
end the following new section:
``SEC. 434B. DIABETES IN MINORITY POPULATIONS.
``(a) In General.--The Director of NIH shall expand, intensify, and
support ongoing research and other activities with respect to
prediabetes and diabetes, particularly type 2, in minority populations.
``(b) Research.--
``(1) Description.--Research under subsection (a) shall
include investigation into--
``(A) the causes of diabetes, including
socioeconomic, geographic, clinical, environmental,
genetic, and other factors that may contribute to
increased rates of diabetes in minority populations;
and
``(B) the causes of increased incidence of diabetes
complications in minority populations, and possible
interventions to decrease such incidence.
``(2) Inclusion of minority participants.--In conducting
and supporting research described in subsection (a), the
Director of NIH shall seek to include minority participants as
study subjects in clinical trials.
``(c) Report; Comprehensive Plan.--
``(1) In general.--The Diabetes Mellitus Interagency
Coordinating Committee shall--
``(A) prepare and submit to the Congress, not later
than 6 months after the date of enactment of this
section, a report on Federal research and public health
activities with respect to prediabetes and diabetes in
minority populations; and
``(B) develop and submit to the Congress, not later
than 1 year after the date of enactment of this
section, an effective and comprehensive Federal plan
(including all appropriate Federal health programs) to
address prediabetes and diabetes in minority
populations.
``(2) Contents.--The report under paragraph (1)(A) shall at
minimum address each of the following:
``(A) Research on diabetes and prediabetes in
minority populations, including such research on--
``(i) genetic, behavioral, and
environmental factors; and
``(ii) prevention and complications among
individuals within these populations who have
already developed diabetes.
``(B) Surveillance and data collection on diabetes
and prediabetes in minority populations, including with
respect to--
``(i) efforts to better determine the
prevalence of diabetes among Asian American and
Pacific Islander subgroups; and
``(ii) efforts to coordinate data
collection on the American Indian population.
``(C) Community-based interventions to address
diabetes and prediabetes targeting minority
populations, including--
``(i) the evidence base for such
interventions;
``(ii) the cultural appropriateness of such
interventions; and
``(iii) efforts to educate the public on
the causes and consequences of diabetes.
``(D) Education and training programs for health
professionals (including community health workers) on
the prevention and management of diabetes and its
related complications that is supported by the Health
Resources and Services Administration, including such
programs supported by--
``(i) the National Health Service Corps; or
``(ii) the community health centers program
under section 330.
``(d) Education.--The Director of NIH shall--
``(1) through the National Institute on Minority Health and
Health Disparities and the National Diabetes Education
Program--
``(A) make grants to programs funded under section
464z-4 (relating to centers of excellence) for the
purpose of establishing a mentoring program for health
care professionals to be more involved in weight
counseling, obesity research, and nutrition; and
``(B) provide for the participation of minority
health professionals in diabetes-focused research
programs; and
``(2) make grants for programs to establish a pipeline from
high school to professional school that will increase minority
representation in diabetes-focused health fields by expanding
Minority Access to Research Careers (MARC) program internships
and mentoring opportunities for recruitment.
``(e) Definitions.--For purposes of this section:
``(1) The `Diabetes Mellitus Interagency Coordinating
Committee' means the Diabetes Mellitus Interagency Coordinating
Committee established under section 429.
``(2) The term `minority population' means a racial and
ethnic minority group, as defined in section 1707.''.
TITLE II--CENTERS FOR DISEASE CONTROL AND PREVENTION
SEC. 201. RESEARCH, EDUCATION, AND OTHER ACTIVITIES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following
section:
``SEC. 317U. DIABETES IN MINORITY POPULATIONS.
``(a) Research and Other Activities.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall conduct and support research and public health activities
with respect to diabetes in minority populations.
``(2) Certain activities.--Activities under paragraph (1)
regarding diabetes in minority populations shall include the
following:
``(A) Further enhancing the National Health and
Nutrition Examination Survey by over-sampling Asian
American, Native Hawaiian, and Other Pacific Islanders
in appropriate geographic areas to better determine the
prevalence of diabetes in such populations as well as
to improve the data collection of diabetes penetration
disaggregated into major ethnic groups within such
populations. The Secretary shall ensure that any such
oversampling does not reduce the oversampling of other
minority populations including African-American and
Latino populations.
``(B) Through the Division of Diabetes
Translation--
``(i) providing for prevention research to
better understand how to influence health care
systems changes to improve quality of care
being delivered to such populations;
``(ii) carrying out model demonstration
projects to design, implement, and evaluate
effective diabetes prevention and control
interventions for minority populations,
including culturally appropriate community-
based interventions;
``(iii) developing and implementing a
strategic plan to reduce diabetes in minority
populations through applied research to reduce
disparities and culturally and linguistically
appropriate community-based interventions;
``(iv) supporting, through the national
diabetes prevention program under section 399V-
3, diabetes prevention program sites in
underserved regions highly impacted by
diabetes; and
``(v) implementing, through the national
diabetes prevention program under section 399V-
3, a demonstration program developing new
metrics measuring health outcomes related to
diabetes that can be stratified by specific
minority populations.
``(b) Education.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall direct the Division
of Diabetes Translation to conduct and support both programs to educate
the public on diabetes in minority populations and programs to educate
minority populations about the causes and effects of diabetes.
``(c) Diabetes; Health Promotion, Prevention Activities, and
Access.--The Secretary, acting through the Director of the Centers for
Disease Control and Prevention and the National Diabetes Education
Program, shall conduct and support programs to educate specific
minority populations through culturally appropriate and linguistically
appropriate information campaigns about prevention of, and managing,
diabetes.
``(d) Definition.--For purposes of this section, the term `minority
population' means a racial and ethnic minority group, as defined in
section 1707.''.
TITLE III--HEALTH RESOURCES AND SERVICES ADMINISTRATION
SEC. 301. RESEARCH, EDUCATION, AND OTHER ACTIVITIES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following new
section:
``SEC. 399V-6. PROGRAMS TO EDUCATE HEALTH PROVIDERS ON THE CAUSES AND
EFFECTS OF DIABETES IN MINORITY POPULATIONS.
``(a) In General.--The Secretary, acting through the Director of
the Health Resources and Services Administration, shall conduct and
support programs described in subsection (b) to educate health
professionals on the causes and effects of diabetes in minority
populations.
``(b) Programs.--Programs described in this subsection, with
respect to education on diabetes in minority populations, shall include
the following:
``(1) Giving priority, under the primary care training and
enhancement program under section 747--
``(A) to awarding grants to focus on or address
diabetes; and
``(B) adding minority populations to the list of
vulnerable populations that should be served by such
grants.
``(2) Providing additional funds for the Health Careers
Opportunity Program, Centers for Excellence, and the Minority
Faculty Fellowship Program to partner with the Office of
Minority Health under section 1707 and the National Institutes
of Health to strengthen programs for career opportunities
focused on diabetes treatment and care within underserved
regions highly impacted by diabetes.
``(3) Developing a diabetes focus within, and providing
additional funds for, the National Health Service Corps
Scholarship Program--
``(A) to place individuals in areas that are
disproportionately affected by diabetes and to provide
diabetes treatment and care in such areas; and
``(B) to provide such individuals continuing
medical education specific to diabetes care.''.
TITLE IV--INDIAN HEALTH SERVICE
SEC. 401. RESEARCH, EDUCATION, AND OTHER ACTIVITIES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.), as amended by section 301, is further amended by adding
at the end the following section:
``SEC. 399V-7. RESEARCH, EDUCATION, AND OTHER ACTIVITIES REGARDING
DIABETES IN AMERICAN INDIAN POPULATIONS.
``In addition to activities under sections 317V-6 and 434B, the
Secretary, acting through the Indian Health Service and in
collaboration with other appropriate Federal agencies, shall--
``(1) conduct and support research and other activities
with respect to diabetes; and
``(2) coordinate the collection of data on clinically and
culturally appropriate diabetes treatment, care, prevention,
and services by health care professionals to the American
Indian population.''.
TITLE V--INSTITUTE OF MEDICINE REPORT
SEC. 501. UPDATED REPORT ON HEALTH DISPARITIES.
The Secretary of Health and Human Services shall seek to enter into
an arrangement with the Institute of Medicine under which the Institute
will--
(1) not later than 1 year after the date of enactment of
this Act, submit to the Congress an updated version of the
Institute's 2002 report entitled ``Unequal Treatment:
Confronting Racial and Ethnic Disparities in Health Care''; and
(2) in such updated version, address how racial and ethnic
health disparities have changed since the publication of the
original report. | Eliminating Disparities in Diabetes Prevention, Access, and Care Act of 2015 This bill amends the Public Health Service Act to require the National Institutes of Health to: (1) expand, intensify, and support activities regarding prediabetes and diabetes, particularly type 2, in minority populations; (2) award grants for a mentoring program for health care professionals to be more involved in weight counseling, obesity research, and nutrition; (3) provide for the participation of minority health professionals in diabetes-focused research programs; and (4) award grants for programs to establish a pipeline from high school to professional school that will increase minority representation in diabetes-focused health fields. The Diabetes Mellitus Interagency Coordinating Committee must report on federal activities regarding prediabetes and diabetes in minority populations and prepare a plan to address prediabetes and diabetes in minority populations. The Centers for Disease Control and Prevention must conduct and support research and public health activities regarding diabetes in minority populations. The Division of Diabetes Translation must educate the public on diabetes in minority populations and educate minority populations on diabetes. The National Diabetes Education Program must educate specific minority populations through culturally and linguistically appropriate information campaigns. The Health Resources and Services Administration must educate health professionals on diabetes in minority populations. The Indian Health Service must: (1) conduct and support research and other activities regarding diabetes; and (2) coordinate the collection of data on clinically and culturally appropriate diabetes services. The Department of Health and Human Services must arrange for the National Academy of Medicine (formerly known as the Institute of Medicine) to update its report entitled "Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care." | {"src": "billsum_train", "title": "Eliminating Disparities in Diabetes Prevention, Access, and Care Act of 2015"} | 2,499 | 348 | 0.672419 | 1.934842 | 0.63557 | 4.946032 | 7.107937 | 0.926984 |
SECTION 1. DRIVING UNDER THE INFLUENCE OF AN ILLEGAL DRUG.
(a) Duties.--The Administrator shall--
(1) advise and coordinate with other Federal agencies on
how to address the problem of driving under the influence of an
illegal drug;
(2) conduct research on the prevention, detection, and
prosecution of driving under the influence of an illegal drug;
and
(3) transmit to the Congress on an annual basis a report
including--
(A) a description of the extent of the problem of
driving under the influence of an illegal drug in each
State and any available information relating thereto,
including a description of any laws relating to the
problem of driving under the influence of an illegal
drug;
(B) a description of the progress that each State
has made in meeting the requirement of subsection (c);
and
(C) recommendations for addressing the problem of
driving under the influence of an illegal drug.
The Administrator shall transmit the first report under paragraph (3)
not later than one year after the date of enactment of this Act.
(b) Transfer of Funds.--
(1) Fiscal year 2007.--On October 1, 2006, if a State has
not met the requirement of subsection (c), the Secretary shall
transfer to the Administrator 1 percent of the funds
apportioned to the State on that date under each of paragraphs
(1), (3), and (4) of section 104(b) of title 23, United States
Code.
(2) Fiscal year 2008.--On October 1, 2007, if a State has
not met the requirement of subsection (c), the Secretary shall
transfer to the Administrator 2 percent of the funds
apportioned to the State on that date under each of paragraphs
(1), (3), and (4) of section 104(b) of title 23, United States
Code.
(3) Fiscal year 2009.--On October 1, 2008, if a State has
not met the requirement of subsection (c), the Secretary shall
transfer to the Administrator 4 percent of the funds
apportioned to the State on that date under each of paragraphs
(1), (3), and (4) of section 104(b) of title 23, United States
Code.
(4) Fiscal year 2010.--On October 1, 2009, if a State has
not met the requirement of subsection (c), the Secretary shall
transfer to the Administrator 8 percent of the funds
apportioned to the State on that date under each of paragraphs
(1), (3), and (4) of section 104(b) of title 23, United States
Code.
(5) Fiscal year 2011.--On October 1, 2010, if a State has
not met the requirement of subsection (c), the Secretary shall
transfer to the Administrator 16 percent of the funds
apportioned to the State on that date under each of paragraphs
(1), (3), and (4) of section 104(b) of title 23, United States
Code.
(6) Fiscal year 2012.--On October 1, 2011, if a State has
not met the requirement of subsection (c), the Secretary shall
transfer to the Administrator 32 percent of the funds
apportioned to the State on that date under each of paragraphs
(1), (3), and (4) of section 104(b) of title 23, United States
Code.
(7) Fiscal years thereafter.--On October 1, 2012, and each
October 1 thereafter, if a State has not met the requirement of
subsection (c), the Secretary shall transfer to the
Administrator 50 percent of the funds apportioned to the State
on that date under each of paragraphs (1), (3), and (4) of
section 104(b) of title 23, United States Code.
(c) Requirement.--A State meets the requirement of this subsection
if--
(1) the State has transmitted to the Administrator a plan
for addressing the problem of driving under the influence of an
illegal drug that includes enacting a law that--
(A) prohibits an individual from driving under the
influence of an illegal drug; and
(B) includes a mandatory minimum penalty for an
individual convicted of driving under the influence of
an illegal drug;
(2) the Administrator has approved the plan transmitted
under paragraph (1); and
(3) the State has enacted and is enforcing the law included
in the plan approved by the Administrator under paragraph (2).
(d) Use of Transferred Funds.--Any funds transferred to the
Administrator under subsection (b) shall be used for the purpose of
carrying out the duties of the National Highway Traffic Safety
Administration.
(e) Transfer of Obligation Authority.--
(1) In general.--If the Secretary transfers any funds to
the Administrator under subsection (b) with respect to a State
for a fiscal year, the Secretary shall transfer to the
Administrator an amount, determined under paragraph (2), of
obligation authority distributed for the fiscal year to the
State for Federal-aid highways and highway safety construction
programs.
(2) Amount.--The amount of obligation authority referred to
in paragraph (1) shall be determined by multiplying--
(A) the amount of funds transferred under
subsection (b) to the Administrator with respect to a
State for the fiscal year, by
(B) the ratio that--
(i) the amount of obligation authority
distributed for the fiscal year to the State
for Federal-aid highways and highway safety
construction programs, bears to
(ii) the total of the sums apportioned to
the State for Federal-aid highways and highway
safety construction programs (excluding sums
not subject to any obligation limitation) for
the fiscal year.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the National Highway Traffic Safety Administration; and
(2) the term ``Secretary'' means the Secretary of
Transportation. | Sets forth the duties of the Administrator of the National Highway Traffic Safety Administration (NHTSA), including to: (1) advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug; (2) conduct research on the prevention, detection, and prosecution of driving under such influence; and (3) report annually to Congress on the extent of the problem in each State, including a description of the progress each State has made in addressing such problem.
Authorizes the Secretary of Transportation to transfer to the Administrator increasing percentages of funds otherwise apportioned to a State out of the Highway Trust Fund from any State that does not enact laws to prohibit driving under the influence of an illegal drug. Requires transferred funds to be used to carry out NHTSA duties. Requires the Secretary, if any funds are transferred to the Administrator, to transfer to the Administrator also a calculated amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs. | {"src": "billsum_train", "title": "To authorize the Secretary of Transportation to transfer to the Administrator of the National Highway Traffic Safety Administration a certain percentage of apportionments of funds made available from the Highway Trust Fund from States that do not enact laws to prohibit driving under the influence of an illegal drug, and for other purposes."} | 1,228 | 219 | 0.654811 | 1.887553 | 0.744998 | 4.695 | 6.145 | 0.885 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Care Liability Relief
Act''.
SEC. 2. CONSTITUTIONAL AUTHORITY.
The constitutional authority upon which this Act rests is the power
of Congress to provide for the general welfare, to regulate commerce,
and to make all laws which shall be necessary and proper, as enumerated
in section 8 of article I of the Constitution of the United States.
SEC. 3. LIMITATIONS ON NONECONOMIC AND PUNITIVE DAMAGES WHEN PROVIDING
UNCOMPENSATED CARE.
(a) In General.--Whenever items or services are furnished under
section 1867 of the Social Security Act (42 U.S.C. 1395dd) to an
uninsured individual for purposes of complying with such section, the
liability of an emergency care provider for an injury arising out of
the furnishing of such items or services shall be subject to the
following limitations:
(1) Noneconomic damages.--With respect to noneconomic
damages, the aggregate such liability for all such providers
may not exceed $250,000 or two times the amount of economic
damages, whichever is greater.
(2) Punitive damages.--With respect to punitive damages,
the aggregate such liability for all such providers may not
exceed $250,000 or three times the amount of economic damages,
whichever is greater.
(b) Definitions.--In this section:
(1) Emergency care provider.--The term ``emergency care
provider'' means an emergency care entity or an officer,
governing board member, employee, or contractor of such an
entity.
(2) Emergency care entity.--The term ``emergency care
entity'' means--
(A) a hospital or an emergency department to which
section 1867 of the Social Security Act (42 U.S.C.
1395dd) applies; and
(B) a physician or physician group that is employed
by, or under contract with, such hospital or department
to furnish items and services to individuals under such
section.
(3) Uninsured individual.--The term ``uninsured
individual'' means an individual who, at the time the items or
services described in subsection (a) are furnished--
(A) does not have coverage under--
(i) a group health plan (as defined in
section 2791(a)(1) of the Public Health Service
Act (42 U.S.C. 300gg-91(a)(1)));
(ii) part A (42 U.S.C. 1395c et seq.) or B
(42 U.S.C. 1395j et seq.) of title XVIII of the
Social Security Act; or
(iii) a State plan under title XIX (42
U.S.C. 1396 et seq.) of the Social Security
Act; and
(B) does not have health insurance coverage (as
defined in section 2791(b)(1) of the Public Health
Service Act (42 U.S.C. 300gg-91(b)(1)) from any other
source.
SEC. 4. AWARDS OF ATTORNEY FEES AND COSTS IN AN ACTION INVOLVING
UNCOMPENSATED CARE.
(a) In General.--In any action in any State or Federal court in
which liability or damages described in section 3(a) is contested, the
court (or the jury, if the matter is tried before a jury) may award to
each prevailing party a reasonable attorney's fee and other reasonable
costs relating to the prosecution of the action, subject to the other
provisions of this section.
(b) Persons Liable.--Liability for each award under subsection (a)
shall be borne by one or more of the following persons, as allocated by
the court or jury:
(1) A nonprevailing party personally.
(2) An attorney or law firm representing a nonprevailing
party, but only if such representation was on a contingent-fee
basis.
(c) Factors Considered.--In exercising its discretion under
subsections (a) and (b), the court or jury shall consider, and may
conduct a separate evidentiary hearing on, the following factors:
(1) The validity or reasonableness, or both, of the claim
of the nonprevailing party.
(2) The reasonableness of the conduct of the litigation by
the attorney or law firm representing the nonprevailing party,
including consideration of any offer of settlement by the
prevailing party.
(3) The reasonableness of the conduct of the litigation by
the attorney or law firm representing the prevailing party,
including consideration of any offer of settlement by the
nonprevailing party.
(4) The financial resources of the nonprevailing party and
the extent to which the nonprevailing party would have been
unfairly discouraged from pursuing a reasonable and legitimate
claim for injuries by such an award.
SEC. 5. JURY IN AN ACTION INVOLVING UNCOMPENSATED CARE TO CONSIDER
EFFECT OF DAMAGES ON HEALTH CARE LIABILITY INSURANCE.
In any action in any State or Federal court in which liability or
damages described in section 3(a) is contested, the court shall
instruct the jury that in considering the amount of damages (whether
compensatory or punitive) to award against a defendant that has been
found liable, the jury must consider the effect of the amount awarded
on the price and availability of health care liability insurance. | Emergency Care Liability Relief Act - Limits noneconomic and punitive damages for injuries arising from the provision of uncompensated care by emergency care providers.
Authorizes the award of attorney's fees and costs in actions in which a party's liability or such damages are contested. Requires liability for such awards to be allocated to the nonprevailing party personally, the attorney or law firm representing such party if representation was on a contingent fee basis, or both, taking into account specified factors.
Requires the court, in actions in which liability or noneconomic or punitive damages described in this Act are contested, to instruct the jury that it must take into account the effect of the amount to be awarded in damages on the price and availability of health care liability insurance. | {"src": "billsum_train", "title": "To limit the liability of hospitals and emergency departments for noneconomic and punitive damages when providing uncompensated care, and for other purposes."} | 1,206 | 170 | 0.515237 | 1.459471 | 0.693741 | 2.767606 | 7.126761 | 0.894366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sanctions Rationalization Act of
1998''.
SEC. 2. AUTHORITY TO DELAY, SUSPEND, OR TERMINATE ECONOMIC SANCTIONS.
(a) Authority.--
(1) In general.--Notwithstanding any other provision of
law, the President may delay, suspend, or terminate any
economic sanction (or portion thereof) with respect to a
foreign country, if the President determines and reports to
Congress that initiating or continuing such sanction (or
portion thereof), as the case may be, does not serve United
States important national interests.
(2) Resumption of sanctions.--In the case of any sanction
delayed or suspended under paragraph (1), the President may
impose or resume imposition of the sanction, as the case may
be, if the President notifies the appropriate congressional
committees 30 days in advance.
(b) Contents of Reports.--
(1) In general.--A report submitted under subsection (a)
shall contain a description of the sanction (or portion
thereof) that the President proposes to delay, suspend, or
terminate and a detailed explanation of the events that have
occurred to make the imposition or continuation of the sanction
not in United States important national interests.
(2) With respect to suspended sanctions.--In the case of
any sanction delayed or suspended under subsection (a), the
report required by that subsection shall include a statement of
the terms and conditions under which the sanction is delayed or
suspended.
(c) Disapproval of Proposed Delays, Suspensions, or Terminations.--
(1) Suspensions or terminations of sanctions.--In the case
of a suspension or termination of a sanction (or portion
thereof) described in a report submitted pursuant to subsection
(a), the suspension or termination shall take effect 30 days
after the President has submitted such report to Congress,
unless before that time, Congress has enacted a joint
resolution disapproving the determination made under subsection
(a).
(2) Delays of sanctions.--In the case of a delay of a
sanction described in a report submitted pursuant to subsection
(a), the delay of a new sanction shall take effect immediately
following the submission of a report to Congress under
subsection (b)(1) of this section and shall remain in effect
until the President determines otherwise pursuant to subsection
(a)(2), unless Congress enacts a joint resolution disapproving
the determination under subsection (a) within 30 days of the
date the report was submitted to Congress.
(d) Congressional Priority Procedures.--
(1) In the senate.--Any joint resolution under this section
shall be considered in the Senate in accordance with the
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
(2) In the house of representatives.--For the purpose of
expediting the consideration and enactment of joint resolutions
under this section, a motion to proceed to the consideration of
any such joint resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in
the House of Representatives.
(e) Definitions.--In this section:
(1) Economic sanction.--
(A) In general.--The term ``economic sanction''
means any prohibition, restriction, or condition on
economic activity or economic assistance with respect
to a foreign country or entity that is mandated by
statute, including any of the measures described in
subparagraph (B), except in a case in which the United
States imposes the measure pursuant to a multilateral
regime.
(B) Particular measures.--The measures referred to
in subparagraph (A) are the following:
(i) The suspension, restriction, or
prohibition of exports or imports of any
product, technology, or service to or from a
foreign country or entity.
(ii) The suspension of, or any restriction
or prohibition on, financial transactions,
including economic assistance, with a foreign
country or entity.
(iii) The suspension of, or any restriction
or prohibition on, direct or indirect
investment in or from a foreign country or
entity.
(iv) The imposition of increased tariffs
on, or other restrictions on imports of,
products of a foreign country or entity,
including the denial, revocation, or
conditioning of nondiscriminatory (most-
favored-nation) trade treatment.
(v) The suspension of, or any restriction
or prohibition on--
(I) the authority of the Export-
Import Bank of the United States to
give approval to the issuance of any
guarantee, insurance, or extension of
credit in connection with the export of
goods or services to a foreign country
or entity;
(II) the authority of the Trade and
Development Agency to provide
assistance in connection with projects
in a foreign country or in which a
particular foreign entity participates;
or
(III) the authority of the Overseas
Private Investment Corporation to
provide insurance, reinsurance,
financing, or conduct other activities
in connection with projects in a
foreign country or in which a
particular foreign entity participates.
(vi) A requirement that the United States
representative to an international financial
institution vote against any loan or other
utilization of funds to, for, or in a foreign
country or particular foreign entity.
(vii) A measure imposing any restriction or
condition on economic activity on any foreign
government or entity on the ground that such
government or entity does business in or with a
foreign country.
(viii) A measure imposing any restriction
or condition on economic activity on any person
that is a national of a foreign country, or on
any government or other entity of a foreign
country, on the ground that the government of
that country has not taken measures in
cooperation with, or similar to, sanctions
imposed by the United States on a third
country.
(ix) The suspension of, or any restriction
or prohibition on, travel rights or air
transportation to or from a foreign country.
(x) Any restriction on the filing or
maintenance in a foreign country of any
proprietary interest in intellectual property
rights (including patents, copyrights, and
trademarks), including payment of patent
maintenance fees.
(C) Multilateral regime.--As used in this
paragraph, the term ``multilateral regime'' means an
agreement, arrangement, or obligation under which the
United States cooperates with other countries in
restricting commerce for reasons of foreign policy or
national security, including--
(i) obligations under resolutions of the
United Nations;
(ii) nonproliferation and export control
arrangements, such as the Australia Group, the
Nuclear Supplier's Group, the Missile
Technology Control Regime, and the Wassenaar
Arrangement;
(iii) treaty obligations, such as under the
Chemical Weapons Convention, the Treaty on the
Non-Proliferation of Nuclear Weapons, and the
Biological Weapons Convention; and
(iv) agreements concerning protection of
the environment, such as the International
Convention for the Conservation of Atlantic
Tunas, the Convention on International Trade in
Endangered Species, the Montreal Protocol on
Substances that Deplete the Ozone Layer, and
the Basel Convention on the Control
of Transboundary Movements of Hazardous Wastes.
(D) Financial transaction.--As used in this
paragraph, the term ``financial transaction'' has the
meaning given that term in section 1956(c)(4) of title
18, United States Code.
(E) Investment.--As used in this paragraph, the
term ``investment'' means any contribution or
commitment of funds, commodities, services, patents, or
other forms of intellectual property, processes, or
techniques, including--
(i) a loan or loans;
(ii) the purchase of a share of ownership;
(iii) participation in royalties, earnings,
or profits; and
(iv) the furnishing or commodities or
services pursuant to a lease or other contract.
(F) Exclusions.--The term ``economic sanction''
does not include--
(i) any measure imposed to remedy unfair
trade practices or to enforce United States
rights under a trade agreement, including under
section 337 of the Tariff Act of 1930, title
VII of that Act, title III of the Trade Act of
1974, sections 1374 and 1377 of the Omnibus
Trade and Competitiveness Act of 1988 (19
U.S.C. 3103 and 3106), and section 3 of the Act
of March 3, 1933 (41 U.S.C. 10b-1);
(ii) any measure imposed to remedy market
disruption or to respond to injury to a
domestic industry for which increased imports
are a substantial cause or threat thereof,
including remedies under sections 201 and 406
of the Trade Act of 1974, and textile import
restrictions (including those imposed under
section 204 of the Agricultural Act of 1956 (7
U.S.C. 1784));
(iii) any action taken under title IV of
the Trade Act of 1974, including the enactment
of a joint resolution under section 402(d)(2)
of that Act;
(iv) any measure imposed to restrict
imports of agricultural commodities to protect
food safety or to ensure the orderly marketing
of commodities in the United States, including
actions taken under section 22 of the
Agricultural Adjustment Act (7 U.S.C. 624);
(v) any measure imposed to restrict imports
of any other products or services in order to
protect domestic health or safety;
(vi) any measure authorized by, or imposed
under, a multilateral or bilateral trade
agreement to which the United States is a
party, including the Uruguay Round Agreements,
the North American Free Trade Agreement, the
United States-Israel Free Trade Agreement, and
the United States-Canada Free Trade Agreement;
(vii) any prohibition or restriction on the
sale, export, lease, or other transfer of any
defense article, defense service, or design and
construction service under the Arms Export
Control Act, or on any financing provided under
that Act; and
(viii) any measure taken pursuant to
section 307 of the Chemical and Biological
Weapons Control and Warfare Elimination Act of
1991 (22 U.S.C. 5605).
(ix) Any measure taken to enforce a federal
criminal law.
(2) Mandated by statute.--The term ``mandated by statute''
means--
(A) a provision of statute that mandates action;
and
(B) does not include the grant of authority to any
official of the executive branch of Government that may
be exercised in the discretion of the official, except
that this exclusion does not apply to any provision of
law that is subject to--
(i) a delay in the imposition of the
sanction; or
(ii) a waiver that may only be exercised on
grounds more restrictive than a determination
that it is in the important national interests
of the United States to do so. | Sanctions Rationalization Act of 1998 - Authorizes the President to delay, suspend, or terminate any economic sanction with respect to a foreign country, if the President determines and reports to the Congress that initiating or continuing such sanction does not serve important U.S. national interests. Declares that suspension or termination of a sanction shall take effect 30 days after submission of such report, and delay of a sanction shall take effect immediately following such submission, unless the Congress enacts a joint resolution of disapproval. | {"src": "billsum_train", "title": "Sanctions Rationalization Act of 1998"} | 2,365 | 117 | 0.680606 | 1.6966 | 0.613969 | 4.413043 | 24.021739 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Union Member Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Labor unions make significant political contributions
and expenditures that directly or indirectly influence the
election of candidates and support or oppose political causes.
Decisions to use union dues for political contributions and
expenditures are usually made by union leadership and
management, rather than union membership.
(2) Unions, acting through their management, should be
obligated to conduct business in the best interests of their
membership.
(3) Historically, union members have not had a way to know,
or to influence, the political activities of unions that are
supposed to represent them. Union members and the public have a
right to know how unions are spending members' dues to make
political contributions or expenditures benefitting candidates,
political parties, and political causes.
(4) Unions should be accountable to their membership in
making political contributions or expenditures affecting
Federal governance and public policy. Requiring the express
approval of a union's membership for political contributions or
expenditures will establish necessary accountability.
SEC. 3. DISCLOSURE AND APPROVAL OF CERTAIN POLITICAL EXPENDITURES.
(a) In General.--Title II of the Labor-Management Reporting and
Disclosure Act (29 U.S.C. 431 et seq.) is amended by inserting after
section 201 the following:
``SEC. 201A. DISCLOSURE AND APPROVAL OF CERTAIN POLITICAL EXPENDITURES
BY LABOR ORGANIZATIONS.
``(a) Disclosure.--The report required under section 201 shall
contain, in a clear and simple format--
``(1) a description of the specific nature of any
expenditures for political activities proposed to be made by
the labor organization for the forthcoming fiscal year, to the
extent the specific nature is known to the labor organization
and including the total amount of such proposed expenditures;
and
``(2) a disclosure of how each officer of the labor
organization voted to authorize or not to authorize each
expenditure for political activities made by the labor
organization during the preceding fiscal year.
``(b) Restriction on Expenditures.--No labor organization shall
make any expenditure for political activities in any fiscal year
unless--
``(1) such expenditure is of the nature of those proposed
by the labor organization pursuant to subsection (a); and
``(2) the full, free, and written authorization for such
expenditures has been granted by a majority of the members of
the labor organization.
``(c) Mechanism for Obtaining Authorization.--Not later than 1 year
after the date of enactment of the Union Member Protection Act, every
labor organization shall adopt a mechanism for obtaining, by secret
ballot, the authorization of its members as required under subsection
(b)(2).
``(d) Liability.--The officers of a labor organization who
authorize an expenditure without first obtaining the authorization of
members required under subsection (b)(2) shall be jointly and severally
liable in any action brought in any court of competent jurisdiction to
any member of the labor organization or class of members for the amount
of dues paid by such member or class of member during the 1 year period
prior to the date that such expenditure was made.
``(e) Definition of Expenditure for Political Activities.--As used
in this section:
``(1) The term `expenditure for political activities'
means--
``(A) an independent expenditure, as such term is
defined in section 301(17) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(17));
``(B) contributions to any political party,
committee, or electioneering communication, as such
term is defined in section 304(f)(3)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A));
and
``(C) dues or other payments to trade associations
or other tax exempt organizations that are, or could
reasonably be anticipated to be, used for the purposes
described in subparagraph (A).
``(2) Such term shall not include--
``(A) direct lobbying efforts through registered
lobbyists employed or hired by the labor organization;
``(B) communications by a labor organization to its
members and executive or administrative personnel and
their families; or
``(C) the establishment, administration, and
solicitation of contributions to a separate segregated
fund to be utilized for political purposes by a labor
organization.''.
(b) Conforming Amendments.--
(1) Section 201(c) of such Act (29 U.S.C. 431(c)) is
amended by striking ``make available the information required
to be contained in'' and inserting ``provide''.
(2) Section 209(a) of such Act (29 U.S.C. 439(a)) is
amended by inserting ``other than section 201A'' after ``this
title''.
SEC. 4. REQUIREMENT OF VOTE BY PRINCIPAL OFFICERS.
Section 201 of the Labor-Management Reporting and Disclosure Act
(29 U.S.C. 431) is further amended by adding at the end the following:
``(f) The bylaws required under this section shall expressly
provide for a vote of the principal officers of the labor organization
on any individual expenditure for political activities (as such term is
defined in section 201A(e)) in excess of $50,000. A labor organization
shall make publicly available the individual votes of principal
officers required by the preceding sentence within 48 hours of the
vote, including in a clear and conspicuous location on the Internet
website of the labor organization.''.
SEC. 5. REPORT.
The Comptroller General of the United States shall annually conduct
a study on the compliance with the requirements of this Act by labor
organizations and their management. Not later than April 1 of each
year, the Comptroller General shall submit to Congress a report of such
study.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of the Shareholder Protection Act of 2010. | Union Member Protection Act - Amends the Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act) to require a labor organization's mandatory report to the Secretary of Labor on its constitution, officers, and basic organization to include, in a clear and simple format, both: (1) a description of the specific nature and total amount of political expenditures the labor organization proposes to make for the upcoming fiscal year; and (2) a disclosure of how each labor organization officer voted on each political expenditure made by the organization during the preceding fiscal year.
Prohibits a labor organization from making political expenditures unless: (1) they are of the nature of those proposed in such report; and (2) they have received a full, free, and written authorization by secret ballot by a majority of the labor organization members.
Makes officers jointly and severally liable for authorizing a political expenditure without first obtaining the authorization of labor organization members.
Requires labor organization bylaws to provide expressly for a vote of the organization's principal officers on individual political expenditures in excess of $50,000. Requires a labor organization to make public the individual votes of such officers within 48 hours, including in a clear and conspicuous location on its website. | {"src": "billsum_train", "title": "To amend the Labor-Management Reporting and Disclosure Act to require the authorization of members of a labor organization before such organization may make certain political expenditures, and for other purposes."} | 1,394 | 274 | 0.66671 | 2.008197 | 0.815248 | 3.592437 | 5.176471 | 0.903361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Kids from Day One Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Life-long food preferences, eating habits, and activity
levels develop early in childhood.
(2) Preschool years are a critical time for determining
whether or not an individual will develop obesity later in
life.
(3) Aerobic fitness and healthy eating patterns support
enhanced behavioral, emotional, and academic performance in
school.
(4) Recent studies indicate that children who are
overweight at age 5 are more likely to be more overweight at
age 9.
(5) Obese preschool children already exhibit signs of
cardiovascular disease and diabetes.
(6) According to a 2007 Centers for Disease Control and
Prevention study, 12.4 percent of children in the United States
ages 2 through 6 are obese.
(7) The 2001 National Household Education Survey found that
74 percent of children in the United States ages 3 through 6
are in some form of non-parental child care, and 56 percent are
in center-based child care.
(8) According to a 2009 analysis of child care center
licensing regulations, only 12 States have a policy prohibiting
or limiting foods of low nutritional value in child care
centers, only 8 States require vigorous or moderate physical
activity, only one of which has a policy quantifying a required
number of minutes of physical activity by day or week, and only
7 States quantify a maximum amount of time for media
(television and electronic) each day or week.
(9) In 2009, the Centers for Disease Control and Prevention
released recommended community strategies and measures to
prevent obesity in the United States that includes child care
specific policy and environmental initiatives to achieve
healthy eating and active living among children from birth to 5
years of age.
(10) In 2009, The Institute of Medicine released findings
supporting local governments' ability to play a crucial role in
creating environments that make it easier for children to eat
healthy diets and remain active.
(11) States should strive to adopt nutrition standards,
practices, and policies for child care centers that are
consistent with the 2005 Dietary Guidelines for Americans.
(12) Child care centers and family child care homes should
serve as settings where children adopt healthy eating habits,
have opportunities for age appropriate physical activity, and
set screen time limits.
(13) Rates of obesity are higher for Black and Latino
children than the overall population of children in the United
States.
(b) Purposes.--It is the purpose of this Act to--
(1) establish a 3-year pilot program in 5 States that will
focus on reducing the increasing prevalence of overweight/
obesity among children between birth and 5 years of age in
child care settings;
(2) enhance the focus of child care centers and family
child care homes serving the birth to 5 years of age population
on children's healthy development through evidence-based or
data-informed practices to improve healthy eating, physical
activity, and screen time limits; and
(3) identify emerging and expand existing evidence-based
practices and understanding of healthy eating, physical
activity, and screen time limits, as appropriate, as well as
replicate curricula, interventions, practices, and policy
changes that are most effective in promoting nutrition and
physical activity among the birth to 5 years of age population
in the child care setting.
SEC. 3. HEALTHY KIDS PROGRAM.
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 W--HEALTHY KIDS PROGRAM
``SEC. 399OO. DEFINITIONS.
``In this part:
``(1) Child care center.--The term `child care center'
means a center licensed or otherwise authorized to provide
child care services for fewer than 24 hours per day per child
in a non-residential setting, unless care in excess of 24 hours
is due to the nature of the parents' work.
``(2) Early learning council.--The term `early learning
council' means an early childhood assembly that is established
to advise governors, State legislators, or State agency
administrators on how best to meet the needs of young children
and their families specifically through improvement of programs
and services.
``(3) Family child care home.--The term `family child care
home' means a private family home where home-based child care
is provided for a portion of the day, unless care in excess of
24 hours is due to the nature of the parents' work, and that is
certified, registered, or licensed in the State in which it is
located.
``(4) Screen time limits.--The term `screen time limits'
means policies or guidelines, such as those developed by the
American Academy of Pediatrics, designed to reduce the daily
amount of time that children spend watching or looking at
digital monitors or displays, including television sets,
computer monitors, or hand-held gaming devices.
``(5) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``SEC. 300OO-1. GRANTS.
``(a) In General.--The Secretary, in consultation with appropriate
entities within the Department of Health and Human Services, shall
award 3-year competitive grants to 5 State health departments (or other
appropriate child care licensing entities within such States) to help
reduce and prevent obesity among the birth to 5 year old population of
the State in child care settings outside a child's place of residence.
``(b) Use of Funds.--State grantees shall use amounts received
under a grant under this subsection to--
``(1) provide, or enter into contracts to provide, training
(that meets the requirements of subsection (c)) to the staff of
national, State, or community-based organizations with networks
of child care centers, or a consortium of child care centers
and family child care homes consisting of at least 10 centers,
for the purpose of implementing evidence-based or data-informed
healthy eating and physical activity policies and practices,
including curricula and other interventions; and
``(2) provide grants to child care centers and family child
care homes, whose staff received the training described in
paragraph (1), to implement practice, curricula, and policy
changes (that meet the requirements of subsection (d)) that
promote healthy eating and physical activity among the birth to
5 years of age population.
Preference in awarding grants shall be given to those States that
demonstrate collaboration between relevant State entities related to
child care and health and with key stakeholders, such as State early
learning councils and other community-based organizations working with
child care centers or family child care homes.
``(c) Training Requirements.--
``(1) In general.--Training provided under subsection (b)
shall--
``(A) include the provision of information
concerning age-appropriate healthy eating and physical
activity interventions and culturally competent
curricula for the birth to 5 years of age population in
the State involved, which at a minimum shall include--
``(i) a handbook that includes
recommendations, guidelines, and best practices
for child care centers and family child care
homes relating to healthy eating, physical
activity, and screen time reduction;
``(ii) information about the availability
of and services provided by child care health
consultants; and
``(iii) health and wellness resources
available through the Child Care Bureau and the
Maternal and Child Health Bureau;
``(B) identify, improve upon, and expand nutrition
and physical activity best practices targeted to the
birth to 5 years of age population in the State
involved and identify strategies for incorporating
parental education and other parental involvement; and
``(C) provide instruction on how to appropriately
model, direct, and encourage child care staff behavior
to apply the best practices and strategies identified
under subparagraph (B).
``(2) Training entities.--A grantee may conduct the
training required under this section directly, or may provide
such training through a contract with--
``(A) an appropriate national, State, or community
organization with relevant expertise;
``(B) a health care provider or professional
organization with relevant expertise;
``(C) a university or research center that employs
faculty with relevant expertise; or
``(D) any other entity determined appropriate by
the State and approved by the Secretary.
``(3) Requirement of contract.--If a grantee elects to
provide the training under this section through a contract, the
grantee shall ensure that a consistent healthy eating and
physical activity curriculum is being developed for all child
care entities participating in the pilot program in the State.
``(d) Practice, Curricula, and Policy Changes.--After training is
provided as required under subsection (c), a State grantee shall ensure
that the organizations and consortium involved--
``(1) implement, in child care settings, evidence-based or
data-informed policy changes that promote healthy eating,
physical activity, and appropriate screen time limits among the
birth to 5 years of age population;
``(2) utilize an evidence-based or data-informed,
culturally competent healthy eating and physical activity
curriculum in child care settings focusing on such birth to age
5 population;
``(3) implement programs, activities, and procedures for
incorporating parental education and involvement of parents in
programs, including disseminating a written parental
involvement policy, and coordinating and integrating parental
involvement strategies under this section, to the extent
feasible and appropriate, with parental involvement strategies
under other programs, such as the Head Start program and the
Early Head Start Program; and
``(4) find innovative ways to remove barriers that exist to
providing opportunities for healthy eating and physical
activity.
All activities described in this paragraph shall be evidence-based and
data-informed and be consistent with the curriculum presented through
training activities described in subsection (c).
``SEC. 399OO-2. GRANTS FOR THE EVALUATION OF PILOT PROGRAMS.
``The Secretary shall award competitive grants to Prevention
Research Centers or universities to evaluate the programs carried out
with grants under section 399OO-1, including baseline, process, and
outcome measurements.
``SEC. 399OO-3. COORDINATION.
``(a) Interagency Coordination.--To the extent practicable, the
Secretary shall coordinate activities conducted under this part with
activities undertaken by the National Prevention, Health Promotion and
Public Health Council established under section 4001 of the Patient
Protection and Affordable Care Act (Public Law 111-148). Where
practicable, such coordination shall--
``(1) include the sharing of current and emerging best
practices concerning healthy eating, physical activity, and
screen time limits that have a population-level impact in
promoting nutrition and physical activity in child care
settings;
``(2) promote the effective implementation and
sustainability of such programs; and
``(3) avoid unnecessary duplication of effort.
``(b) Pilot Coordination.--The Secretary shall designate an
individual (directly or through contract) to provide technical
assistance to States and pilot centers in the development,
implementation, and evaluation of activities and dissemination of
information described in paragraphs (1), (2), and (3) of subsection
(a).
``SEC. 399OO-4. EVALUATION AND REPORTING.
``(a) Technical Assistance and Information.--The Secretary shall--
``(1) provide technical assistance to grantees and other
entities providing training under a grant under this part; and
``(2) disseminate to health departments and trainers under
grants under this part information concerning evidence-based or
data-informed approaches, including dissemination of existing
toolkits, curricula, and existing or emerging best practices
that can be expanded or improved upon through a program
conducted under this part.
``(b) Evaluation Requirements.--With respect to evaluations
conducted under section 399OO-2, the Secretary shall ensure that--
``(1) evaluation metrics are consistent across all programs
funded under this part;
``(2) interim outcomes are measured by the number of
centers that have implemented policy and environmental
strategies that support use of curricula and practices
supporting healthy eating, physical activity, and screen time
limits;
``(3) interim outcomes are measured, to the extent
possible, by behavior changes in healthy eating, physical
activity, and screen time; and
``(4) upon completion of the program, the evaluation shall
include an identification of best practices relating to
behavior change and reductions in the increasing prevalence of
overweight and obesity that could be replicated in other
settings.
``(c) Dissemination of Information.--Upon the conclusion of the
programs carried out under this part, the Secretary shall disseminate
to all appropriate agencies within the Department of Health and Human
Services evidence, best practices, and lessons learned from grantees.
Such agencies shall encourage the adoption of the best practices.
``(d) Report to Congress.--Not later than 6 months after the
completion of the pilot program under this part, the Secretary shall
submit to Congress a report concerning the evaluation of the pilot
programs, including recommendations as to how lessons learned from such
programs can be incorporated into future guidance documents developed
and provided by the Secretary and other Federal agencies, as
appropriate.
``SEC. 399OO-5. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part,
$2,500,000 for each of fiscal years 2011, 2012 and 2013.''. | Healthy Kids from Day One Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award competitive grants to five state health departments to help reduce and prevent obesity among children between birth and five years of age in child care settings outside of a child's place of residence through training on and implementation of healthy eating and physical activity policies and practices. Requires the Secretary to award grants to Prevention Research Centers or universities to evaluate programs carried out under such grants.
Requires the Secretary to coordinate activities conducted under this Act with activities undertaken by the National Prevention, Health Promotion and Public Health Council, to the extent practicable, including by: (1) sharing current and emergent best practices concerning healthy eating, physical activity, and screen time limits that have a population-level impact in promoting nutrition and physical activity in child care settings; and (2) promoting the effective implementation and sustainability of such programs; and (3) avoiding unnecessary duplication of effort. | {"src": "billsum_train", "title": "A bill to establish a pilot program to reduce the increasing prevalence of overweight/obesity among 0-5 year-olds in child care settings."} | 2,890 | 208 | 0.544857 | 1.564939 | 0.802272 | 4.61658 | 14.699482 | 0.958549 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployed Worker Assistance Act of
2011''.
SEC. 2. PENALTY-FREE WITHDRAWALS FOR THE UNEMPLOYED WHO HAVE EXHAUSTED
THEIR RIGHTS TO UNEMPLOYMENT COMPENSATION.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to subsection not to apply to certain
distributions) is amended by adding at the end the following new
subparagraph:
``(H) Distributions to unemployed individuals who
have exhausted their rights to unemployment
compensation.--
``(i) In general.--Distributions to an
individual after separation from employment
if--
``(I) such individual exhausted all
rights to unemployment compensation
under any Federal or State unemployment
compensation law with respect to such
separation, and
``(II) such distribution is made
while such rights are exhausted and
before reemployment or self-employment.
``(ii) Amount distributed may be repaid.--
``(I) In general.--Any individual
who receives a qualified distribution
may, at any time during the 5-year
period beginning on the day after the
date on which such distribution was
received, make one or more
contributions in an aggregate amount
not to exceed the amount of such
distribution to an eligible retirement
plan of which such individual is a
beneficiary and to which a rollover
contribution of such distribution could
be made under section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or
457(e)(16), as the case may be.
``(II) Treatment of repayments of
distributions from eligible retirement
plans other than iras.--For purposes of
this title, if a contribution is made
pursuant to subclause (I) with respect
to a qualified distribution from an
eligible retirement plan other than an
individual retirement plan, then the
taxpayer shall, to the extent of the
amount of the contribution, be treated
as having received the qualified
distribution in an eligible rollover
distribution (as defined in section
402(c)(4)) and as having transferred
the amount to the eligible retirement
plan in a direct trustee to trustee
transfer within 60 days of the
distribution.
``(III) Treatment of repayments for
distributions from iras.--For purposes
of this title, if a contribution is
made pursuant to subclause (I) with
respect to a qualified distribution
from an individual retirement plan (as
defined by section 7701(a)(37)), then,
to the extent of the amount of the
contribution, the qualified
distribution shall be treated as a
distribution described in section
408(d)(3) and as having been
transferred to the eligible retirement
plan in a direct trustee to trustee
transfer within 60 days of the
distribution.
``(iii) Special rules.--
``(I) Qualified distributions
treated as meeting plan distribution
requirements.--For purposes of this
title, a qualified distribution shall
be treated as meeting the requirements
of sections 401(k)(2)(B)(i),
403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A).
``(II) Exemption of distributions
from trustee to trustee transfer and
withholding rules.--For purposes of
sections 401(a)(31), 402(f), and 3405,
qualified distributions shall not be
treated as eligible rollover
distributions.
``(iv) Definitions.--For purposes of this
subparagraph--
``(I) Qualified distribution.--The
term `qualified distribution' means any
distribution meeting the requirements
of clause (i).
``(II) Eligible retirement plan.--
The term `eligible retirement plan' has
the meaning given such term by section
402(c)(8)(B).
``(v) Reemployment and self-employment.--
Rules similar to the rules of clauses (ii) and
(iii) of subparagraph (D) shall apply for
purposes of this subparagraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to distributions made after the date of the enactment of this
Act. | Unemployed Worker Assistance Act of 2011 - Amends the Internal Revenue Code to allow unemployed individuals who have exhausted all rights to unemployment compensation under federal or state law to make penalty-free withdrawals from tax-exempt pension and retirement plans. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from pension plans for unemployed individuals who have exhausted their rights to unemployment compensation."} | 969 | 53 | 0.472359 | 1.072706 | 0.724454 | 2.295455 | 18.409091 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Earnings Reinvestment Act''.
SEC. 2. ALLOWANCE OF TEMPORARY DIVIDENDS RECEIVED DEDUCTION FOR
DIVIDENDS RECEIVED FROM A CONTROLLED FOREIGN CORPORATION.
(a) Applicability of Provision.--
(1) In general.--Subsection (f) of section 965 is amended
to read as follows:
``(f) Election; Election Year.--
``(1) In general.--The taxpayer may elect to apply this
section to--
``(A) the taxpayer's last taxable year which begins
before the date of the enactment of the Foreign
Earnings Reinvestment Act, or
``(B) the taxpayer's first taxable year which
begins during the 1-year period beginning on such date.
Such election may be made for a taxable year only if made on or
before the due date (including extensions) for filing the
return of tax for such taxable year.
``(C) Election year.--For purposes of this section,
the term `election year' means the taxable year--
``(i) which begins after the date that is
one year before the date of the enactment of
the Foreign Earnings Reinvestment Act, and
``(ii) to which the taxpayer elects under
paragraph (1) to apply this section.''.
(2) Conforming amendments.--
(A) Extraordinary dividends.--Section 965(b)(2) of
such Code is amended--
(i) by striking ``June 30, 2003'' and
inserting ``September 30, 2011'', and
(ii) by adding at the end the following new
sentence: ``The amounts described in clauses
(i), (ii), and (iii) shall not include any
amounts which were taken into account in
determining the deduction under subsection (a)
for any prior taxable year.''.
(B) Determinations relating to related party
indebtedness.--Section 965(b)(3)(B) of such Code is
amended by striking ``October 3, 2004'' and inserting
``September 30, 2011''.
(C) Determinations relating to base period.--
Section 965(c)(2) of such Code is amended by striking
``June 30, 2003'' and inserting ``September 30, 2011''.
(b) Deduction Includes Current and Accumulated Foreign Earnings.--
(1) In general.--Paragraph (1) of section 965(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) In general.--The amount of dividends taken into
account under subsection (a) shall not exceed the sum of the
current and accumulated earnings and profits described in
section 959(c)(3) for the year a deduction is claimed under
subsection (a), without diminution by reason of any
distributions made during the election year, for all controlled
foreign corporations of the United States shareholder.''.
(2) Conforming amendments.--
(A) Section 965(c) of such Code, as amended by
subsection (a), is amended by striking paragraph (1)
and by redesignating paragraphs (2), (3), (4), and (5),
as paragraphs (1), (2), (3), and (4), respectively.
(B) Paragraph (4) of section 965(c) of such Code,
as redesignated by subparagraph (A), is amended to read
as follows:
``(4) Controlled groups.--All United States shareholders
which are members of an affiliated group filing a consolidated
return under section 1501 shall be treated as one United States
shareholder.''.
(c) Amount of Deduction.--
(1) In general.--Paragraph (1) of section 965(a) of the
Internal Revenue Code of 1986 is amended by striking ``85
percent'' and inserting ``75 percent''.
(2) Bonus deduction in subsequent taxable year for
increasing jobs.--Section 965 of such Code is amended by adding
at the end the following new subsection:
``(g) Bonus Deduction.--
``(1) In general.--In the case of any taxpayer who makes an
election to apply this section, there shall be allowed as a
deduction for the first taxable year following the election
year an amount equal to the applicable percentage of the cash
dividends which are taken into account under subsection (a)
with respect to such taxpayer for the election year.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is the amount which bears the
same ratio (not greater than 1) to 10 percent as--
``(A) the excess (if any) of--
``(i) the qualified payroll of the taxpayer
for the calendar year which begins with or
within the first taxable year following the
election year, over
``(ii) the qualified payroll of the
taxpayer for calendar year 2010, bears to
``(B) 10 percent of the qualified payroll of the
taxpayer for calendar year 2010.''
``(3) Qualified payroll.--For purposes of this paragraph:
``(A) In general.--The term `qualified payroll'
means, with respect to a taxpayer for any calendar
year, the aggregate wages (as defined in section
3121(a)) paid by the corporation during such calendar
year.
``(B) Exception for changes in ownership of trades
or businesses.--
``(i) Acquisitions.--If, after December 31,
2009, and before the close of the first taxable
year following the election year, a taxpayer
acquires the trade or business of a
predecessor, then the qualified payroll of such
taxpayer for any calendar year shall be
increased by so much of the qualified payroll
of the predecessor for such calendar year as
was attributable to the trade or business
acquired by the taxpayer.
``(ii) Dispositions.--If, after December
31, 2009, and before the close of the first
taxable year following the election year, a
taxpayer disposes of a trade or business,
then--
``(I) the qualified payroll of such
taxpayer for calendar year 2010 shall
be decreased by the amount of wages for
such calendar year as were attributable
to the trade or business which was
disposed of by the taxpayer, and
``(II) if the disposition occurs
after the beginning of the first
taxable year following the election
year, the qualified payroll of such
taxpayer for the calendar year which
begins with or within such taxable year
shall be decreased by the amount of
wages for such calendar year as were
attributable to the trade or business
which was disposed of by the taxpayer.
``(C) Special rule.--For purposes of determining
qualified payroll for any calendar year after calendar
year 2011, such term shall not include wages paid to
any individual if such individual received compensation
from the taxpayer for services performed--
``(i) after the date of the enactment of
this paragraph, and
``(ii) at a time when such individual was
not an employee of the taxpayer.''.
(3) Reduction for failure to maintain employment levels.--
Paragraph (4) of section 965(b) of such Code (relating to
limitations) is amended to read as follows:
``(4) Reduction in benefits for failure to maintain
employment levels.--
``(A) In general.--If, during the period consisting
of the calendar month in which the taxpayer first
receives a distribution described in subsection (a)(1)
and the succeeding 23 calendar months, the taxpayer
does not maintain an average employment level at least
equal to the taxpayer's prior average employment, an
additional amount equal to $75,000 multiplied by the
number of employees by which the taxpayer's average
employment level during such period falls below the
prior average employment (but not exceeding the
aggregate amount allowed as a deduction pursuant to
subsection (a)(1)) shall be taken into income by the
taxpayer during the taxable year that includes the
final day of such period.
``(B) Average employment level.--For purposes of
this paragraph, the taxpayer's average employment level
for a period shall be the average number of full-time
United States employees of the taxpayer, measured at
the end of each month during the period.
``(C) Prior average employment.--For purposes of
this paragraph, the taxpayer's `prior average
employment' shall be the average number of full-time
United States employees of the taxpayer during the
period consisting of the 24 calendar months immediately
preceding the calendar month in which the taxpayer
first receives a distribution described in subsection
(a)(1).
``(D) Full-time united states employee.--For
purposes of this paragraph--
``(i) In general.--The term `full-time
United States employee' means an individual who
provides services in the United States as a
full-time employee, based on the employer's
standards and practices; except that regardless
of the employer's classification of the
employee, an employee whose normal schedule is
40 hours or more per week is considered a full-
time employee.
``(ii) Exception for changes in ownership
of trades or businesses.--Such term does not
include--
``(I) any individual who was an
employee, on the date of acquisition,
of any trade or business acquired by
the taxpayer during the 24-month period
referred to in subparagraph (A), and
``(II) any individual who was an
employee of any trade or business
disposed of by the taxpayer during the
24-month period referred to in
subparagraph (A) or the 24-month period
referred to in subparagraph (C).
``(E) Aggregation rules.--In determining the
taxpayer's average employment level and prior average
employment, all domestic members of a controlled group
shall be treated as a single taxpayer.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Foreign Earnings Reinvestment Act - Amends the Internal Revenue Code to: (1) extend the election allowed to a domestic corporation to deduct current and accumulated dividends received from a controlled foreign corporation to the corporation's last taxable year beginning before the enactment of this Act or the first taxable year which begins during the one-year period beginning on such enactment date, (2) reduce tax rates on foreign earnings of domestic corporations that reinvest such earnings in the United States and that expand their payrolls over 2010 levels, and (3) increase the taxable income of domestic corporations that fail to maintain employment levels in the 23-month period after receiving a reduction in tax rates under this Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a temporary dividends received deduction for dividends received from a controlled foreign corporation."} | 2,220 | 152 | 0.550869 | 1.359389 | 0.624762 | 2.427481 | 15.618321 | 0.885496 |
SECTION 1. REVISION OF CONDITIONS OF PAYMENT RELATING TO ANESTHESIA
SERVICES FURNISHED BY CERTIFIED REGISTERED NURSE
ANESTHETISTS.
(a) Promulgation of Revised Regulations.--The Secretary of Health
and Human Services shall revise any regulations describing the
conditions under which payment may be made for anesthesia services
under the medicare program so that--
(1) payment may be made for anesthesia services furnished
in a hospital or an ambulatory surgical center by a certified
registered nurse anesthetist who is permitted to administer
anesthesia under the law of the State in which the service is
furnished; and
(2) the conditions under which payment may be made for a
physician service consisting of the medical direction or
medical supervision of a certified registered nurse
anesthetist--
(A) shall not restrict such nurse anesthetists
working with anesthesiologists from performing all the
components of the anesthesia service that such nurse
anesthetists are legally authorized to perform in the
State in which the service is furnished; and
(B) shall prevent fraud and abuse in payment for
the services by requiring that the physician providing
medical direction or medical supervision must be
physically present in the facility where the certified
registered nurse anesthetist's services are performed
and must be available in a timely manner for
consultation or assistance if indicated.
(b) Consultation Required.--The Secretary shall revise the
regulations referred to in subsection (a)(2) only after consultation
with representatives from professional associations of certified
registered nurse anesthetists and anesthesiologists.
(c) Effective Dates.--
(1) In general.--The revisions to the regulations referred
to in subsection (a) shall apply to anesthesia services
furnished on or after January 1, 1995.
(2) Termination of regulations on medical direction or
supervision.--The revised regulations referred to in subsection
(a)(2) shall not apply to services furnished on or after
January 1, 1998.
SEC. 2. ENSURING PAYMENT FOR PHYSICIAN AND CERTIFIED REGISTERED NURSE
ANESTHETIST FOR JOINTLY FURNISHED ANESTHESIA SERVICES.
(a) Payment for Jointly Furnished Single Case.--
(1) Payment to physician.--Section 1848(a)(4) of the Social
Security Act (42 U.S.C. 1395w-4(a)(4)), as added by section
13516(a) of the Omnibus Budget Reconciliation Act of 1993
(hereafter referred to as ``OBRA-1993''), is amended by adding
at the end the following new subparagraph:
``(C) Payment for single case.--
``(i) In general.--Notwithstanding section
1862(a)(1)(A), if--
``(I) physicians' services
consisting of the furnishing of
anesthesia services for a single case
are furnished jointly with a certified
registered nurse anesthetist, and
``(II) the carrier determines that
the use of both the physician and the
certified registered nurse anesthetist
was not medically necessary,
the fee schedule amount for the physicians'
services shall be equal to the applicable
percentage of the fee schedule amount
applicable under this section for anesthesia
services personally performed by the physician
alone (determined without regard to this
subparagraph).
``(ii) Applicable percentage.--For purposes
of clause (i), the applicable percentage is the
percentage (as determined in a manner to be
provided by the Secretary) of the jointly
furnished anesthesia services which were
actually furnished by the physician.
``(iii) Limitation.--The Secretary shall
establish procedures that ensure that the sum
of the fee schedule amounts determined under
clause (i) and section 1833(l)(4)(B)(iv) for a
jointly furnished anesthesia service shall not
exceed 100 percent of the fee schedule amount
applicable under this section for anesthesia
services personally performed by the physician
alone (determined without regard to this
subparagraph).''.
(2) Payment for crna.--Section 1833(l)(4)(B) of such Act
(42 U.S.C. 13951(l)(4)(B)), as added by section 13516(b) of
OBRA-1993, is amended by adding at the end the following new
clause:
``(iv)(I) Notwithstanding section 1862(a)(1)(A), if--
``(aa) certified registered nurse anesthetist services
consisting of the furnishing of anesthesia services for a
single case are furnished jointly with a physician, and
``(bb) the carrier determines that the use of both the
certified registered nurse anesthetist physician and the
physician was not medically necessary,
the fee schedule amount for the services furnished by the certified
registered nurse anesthetist shall be equal to the applicable
percentage of the fee schedule amount applicable under section 1848 for
anesthesia services personally performed by the physician alone
(determined without regard to section 1848(a)(4)(C)).
``(II) For purposes of subclause (I), the applicable percentage is
the percentage (as determined in a manner to be provided by the
Secretary) of the jointly furnished anesthesia services which were
actually furnished by the certified registered nurse anesthetist.
``(III) The Secretary shall determine the fee schedule amount under
subclause (I) in accordance with the procedures established by the
Secretary under section 1848(a)(4)(C)(iii).''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply to services furnished on or after January
1, 1995.
(b) Uniform Treatment of All Multiple Concurrent Cases.--
(1) In general.--Section 1848(a)(4) of such Act (42 U.S.C.
1395w-4(a)(4)) and section 1842(b)(13) of such Act (42 U.S.C.
1395u(b)(13)), as amended by section 13516(a) of OBRA-1993, are
each amended--
(A) by striking ``two, three, or four'' each place
it appears and inserting ``two or more''; and
(B) by inserting ``or medical supervision'' after
``medical direction'' each place it appears.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to services furnished on or after January 1, 1998. | Instructs the Secretary of Health and Human Services to revise Medicare regulations governing payment for anesthesia services to compensate: (1) certified registered nurse anesthetists (CRNAs) for their services; and (2) physicians for supervision of CRNAs.
Amends title XVIII (Medicare) of the Social Security Act to provide guidelines for proportionally split payments for anesthesia services furnished jointly by a physician and a CRNA. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Health and Human Services to revise existing regulations concerning the conditions of payment under part B of the Medicare Program relating to anesthesia services furnished by certified registered nurse anesthetists, and for other purposes."} | 1,455 | 97 | 0.549734 | 1.343849 | 0.211552 | 1.684211 | 15.289474 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Telehealth Access in
Medicare Act'' or the ``ITAM Act''.
SEC. 2. INCLUSION OF ADDITIONAL TELEHEALTH SERVICES IN MEDICARE
ADVANTAGE ORGANIZATION BIDS.
(a) In General.--Section 1852 of the Social Security Act (42 U.S.C.
1395w-22) is amended--
(1) in subsection (a)(1)(B)(i), by adding at the end the
following new sentence: ``For plan year 2020 and each
subsequent plan year, for purposes of subsection (m) and
section 1854, in the case that an MA plan makes an election
described in subsection (m)(1) with respect to such plan year,
additional telehealth services shall be treated as a benefit
under the original medicare fee-for-service program option with
respect to such plan and plan year.''; and
(2) by adding at the end the following new subsection:
``(m) Provision of Additional Telehealth Services.--
``(1) MA plan option.--For purposes of subsection
(a)(1)(B)(i), an election described in this paragraph, with
respect to an MA plan and plan year, is an election by the
sponsor of such plan to provide under the plan for such plan
year, in accordance with the subsequent provisions of this
subsection, additional telehealth services (as defined in
paragraph (2)) as a benefit under the original medicare fee-
for-service program option. Such additional telehealth
services, with respect to a plan year, shall be in addition to
benefits included under the original medicare fee-for-service
program option for such year.
``(2) Additional telehealth services defined.--
``(A) In general.--For purposes of this subsection
and section 1854, the term `additional telehealth
services' means, subject to subparagraph (C), services,
with respect to a year--
``(i) for which payment may be made under
part B (without regard to application of
section 1834(m));
``(ii) that, if furnished via a
telecommunications system, would not be payable
under section 1834(m);
``(iii) furnished using electronic
information and telecommunications technology;
``(iv) furnished in accordance with such
requirements as the Secretary specifies
pursuant to paragraph (3); and
``(v) which are identified for such year by
the Secretary as appropriate to furnish using
electronic information and telecommunications
technology where a physician (as defined in
section 1861(r)) or practitioner (described in
section 1842(b)(18)(C)) furnishing the service
is not at the same location as the plan
enrollee.
``(B) Flexibility for phasing in identifications.--
In making identifications under subparagraph (A)(v),
the Secretary shall make such identifications annually
and may make such identifications in a manner that
results in additional telehealth services being phased
in, as determined appropriate by the Secretary.
``(C) Exclusion of capital and infrastructure costs
and investments.--For purposes of this subsection and
section 1854, the term `additional telehealth services'
does not include capital and infrastructure costs and
investments relating to such benefits provided pursuant
to this subsection.
``(3) Requirements for additional telehealth services.--The
Secretary shall specify requirements for the provision of
additional telehealth services with respect to--
``(A) qualifications (other than licensure) of
physicians and practitioners who furnish such services;
``(B) the technology used in furnishing such
services;
``(C) factors necessary for coordination of
additional telehealth services with other services; and
``(D) such other criteria (such as clinical
criteria) as determined by the Secretary.
``(4) Enrollee choice.--An MA plan that provides a service
as an additional telehealth service may not, when furnished
without use of electronic information and telecommunications
technology, deny access to the equivalent in-person service.
``(5) Construction.--
``(A) In general.--In determining if an MA
organization or MA plan, as applicable, is in
compliance with each requirement specified in
subparagraph (B), such determination shall be made
without regard to any additional telehealth services
covered by the plan offered by such organization or
plan pursuant to this subsection.
``(B) Requirements specified.--The requirements
specified in this subparagraph are the following:
``(i) The requirements under subsection
(d).
``(ii) The requirement under subsection
(a)(1) with respect to covering benefits under
the original medicare fee-for-service program
option, as defined in the first sentence of
paragraph (B)(i) of such subsection.''.
(b) Inclusion of Additional Telehealth Services in MA Organization
Bid Amount.--Section 1854(a)(6)(A)(ii)(I) of the Social Security Act
(42 U.S.C. 1395w-24(a)(6)(A)(ii)(I)) is amended by inserting ``,
including, for plan year 2020 and subsequent plan years, the provision
of such benefits through the use of additional telehealth services
under section 1852(m)'' before the semicolon at the end.
SEC. 3. USE OF TELECOMMUNICATIONS SYSTEMS IN FURNISHING CHRONIC CARE
MANAGEMENT SERVICES.
Section 1848(b)(8) of the Social Security Act (42 U.S.C.
1395(b)(8)) is amended by adding at the end the following new
subparagraph:
``(C) Clarification.--In carrying out this
paragraph, with respect to chronic care management
services, the Secretary may, subject to subparagraph
(B), make payment for such services furnished through
the use of secure messaging, Internet, store and
forward technologies, or other non-face-to-face
communication methods determined appropriate by the
Secretary.''.
SEC. 4. SENSE OF CONGRESS REGARDING PARITY OF TELEHEALTH SERVICES.
It is the sense of Congress that there should be--
(1) parity, with respect to access to telehealth, between
the original medicare fee-for-service program under parts A and
B of title XVIII of the Social Security Act and the Medicare
Advantage program under part C of such title; and
(2) access to medically appropriate, quality telehealth for
all Medicare beneficiaries.
SEC. 5. DEPOSIT OF SAVINGS INTO MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``during and after fiscal year
2021, $270,000,000'' and inserting ``during and after fiscal year 2021,
$325,000,000''. | Increasing Telehealth Access in Medicare Act or the ITAM Act This bill allows Medicare Advantage organizations to include additional telehealth services as basic benefits in their annual bids beginning in plan year 2020. The bill also permits payment under Medicare for chronic care management services that use specified telecommunication technologies. The bill increases funding available to the Medicare Improvement Fund. | {"src": "billsum_train", "title": "Increasing Telehealth Access in Medicare Act"} | 1,568 | 91 | 0.520182 | 1.262669 | 0.792846 | 1.508197 | 21.57377 | 0.688525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bullying Prevention for School
Safety and Crime Reduction Act of 2003''.
SEC. 2. AMENDMENTS TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT
REGARDING BULLYING.
(a) Amendments to Safe and Drug-Free Schools and Communities Act.--
Part A of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7101 et seq.; commonly referred to as the ``Safe and
Drug-Free Schools and Communities Act'') is amended--
(1) in the matter preceding paragraph (1) in section 4002,
and in sections 4112(a)(5)(A), 4112(c)(2)(D)(ii),
4115(b)(1)(C)(i), and 4115(b)(2)(A)(i), by striking
``violence'' and inserting ``violence and bullying'';
(2) by striking the term ``drug and violence prevention''
each place such term appears and inserting ``drug, violence,
and bullying prevention'', including in sections 4002(1),
4002(2), 4002(4), 4112(a)(3), 4112(a)(5), 4112(c)(2)(D),
4113(a)(4), 4113(a)(5), 4113(a)(9), 4113(a)(10), 4113(a)(14),
4114(a)(1), 4114(c)(1)(A), 4114(d)(2), 4114(d)(6),
4115(a)(1)(A), 4115(b)(2)(B), 4115(b)(2)(C), 4115(b)(2)(D),
4115(b)(2)(E), 4115(d), 4116(a)(1)(B), 4121(a)(1), 4121(a)(2),
and 4121(a)(5);
(3) by striking the term ``drug use and violence'' each
place such term appears and inserting ``drug use, violence, and
bullying'', including in sections 4002(4), 4112(a)(2),
4112(c)(3)(B)(iv), 4113(a)(9)(A), 4115(b)(1)(C)(ii),
4116(a)(2)(B), and 4122(c);
(4) in section 4112(c)(3)(B)(ii), by striking ``violence
and drug-related'' and inserting ``violence, bullying, and
drug-related'';
(5) in section 4114(d)(6), by striking ``acts of violence''
and inserting ``acts of violence and bullying'';
(6) in sections 4115(a)(1)(A), 4115(a)(1)(C),
4115(a)(2)(A), 4115(b)(2)(E), and 4122(a), by striking the term
``violence and illegal drug use'' each place such term appears
and inserting ``violence, bullying, and illegal drug use'';
(7) in section 4115(b)(2)(B), by striking the term
``violence and illegal use of drugs'' each place such term
appears and inserting ``violence, bullying, and illegal use of
drugs'';
(8) in the matter preceding clause (i) in section
4115(b)(2)(E), and in section 4152(a), by striking the term
``Drug and violence prevention'' each place such term appears
and inserting ``Drug, violence, and bullying prevention'';
(9) in sections 4115(b)(2)(E)(vii) and 4122(b) by striking
``illegal drug use and violence'' and inserting ``violence,
bullying, and illegal drug use'';
(10) in section 4115(b)(2)(E)(ix), by striking ``violent or
drug abusing students'' and inserting ``violent, bullying, or
drug abusing students'';
(11) in section 4115(b)(2)(E)(x), by striking ``violent
behavior and illegal use of drugs'' and inserting ``violent
behavior, bullying, and illegal use of drugs'';
(12) in section 4115(b)(2)(E)(xiii)--
(A) by striking ``violence prevention and education
programs'' and inserting ``violence and bullying
prevention and education programs''; and
(B) by striking ``resolve conflicts without
violence'' and inserting ``resolve conflicts without
violence or bullying'';
(13) in section 4115(b)(2)(E)(xv), by striking ``major
accident, or a drug-related incident'' and inserting ``major
accident, bullying incident, or a drug-related incident'';
(14) in sections 4115(b)(2)(E)(xviii) and 4116(b)(1), by
striking ``safety hotline'' and inserting ``safety and bullying
prevention hotline'';
(15) in section 4116(a)(1)(C), by striking ``violence and
drug prevention'' and inserting ``drug, violence, and bullying
prevention'';
(16) in section 4121(a), by striking ``illegal use of drugs
and violence'' and inserting ``violence, bullying, and illegal
drug use'';
(17) in section 4121(a)(4), by striking ``violence
prevention and education'' and inserting ``violence and
bullying prevention and education'';
(18) in sections 4121(a)(6) and 4121(a)(8), by striking
``drug and violence problems'' and inserting ``drug, violence,
and bullying problems'';
(19) in section 4122(a)(2), by striking ``and school
violence'' and inserting ``school violence and bullying,'';
(20) in sections 4124(a)(1)(B) and 4124(a)(3), by striking
``substance abuse and violence prevention'' and inserting
``violence, bullying, and substance abuse prevention'';
(21) in section 4124(b)(4)(A)(i), by striking ``substance
abuse and violence problem'' and inserting ``violence,
bullying, and substance abuse problem'';
(22) in section 4127(c), by striking ``school violence
research'' and inserting ``school violence and bullying
research'';
(23) in section 4128(b)(2), by striking ``such as substance
abuse'' and inserting ``such as bullying, substance abuse'';
(24) in section 4128(b)(4), by striking ``school violence
prevention'' and inserting ``school violence and bullying
prevention'';
(25) in section 4130(b)(1)(B)(iv), by striking ``violence,
use of dangerous weapons'' and inserting ``violence and
bullying, use of dangerous weapons'';
(26) in section 4130(b)(5)(B)(i), by striking ``schools
with violence problems'' and inserting ``schools with violence
or bullying problems'';
(27) in section 4151--
(A) in paragraph (3)--
(i) by striking ``Drug and violence
prevention'' in the heading and inserting
``Drug, violence, and bullying prevention'';
(ii) by striking ``drug and violence
prevention'' each place such term appears and
inserting ``drug, violence, and bullying
prevention''; and
(iii) in subparagraph (B), by inserting
``and bullying'' after ``with respect to
violence''; and
(B) in paragraphs (6) and (7), by striking
``violent behavior'' and inserting ``violent or
bullying behavior''; and
(28) in section 4152(a), by striking ``acts of violence''
and inserting ``acts of violence or bullying''.
(b) Amendment to Omnibus Crime Control and Safe Streets Act of
1968.--Paragraph (13) of section 1801 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 2796ee; relating to juvenile
accountability block grants) is amended to read as follows:
``(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety, which
programs may include research-based bullying prevention
programs;''. | Bullying Prevention for School Safety and Crime Reduction Act of 2003 - Amends: (1) the Safe and Drug-Free Schools and Communities Act to cover bullying (as well as drug and violence) prevention; and (2) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize (with respect to juvenile accountability block grants) establishing and maintaining accountability-based programs that are designed to enhance school safety, which may include research-based bullying prevention programs. | {"src": "billsum_train", "title": "To amend the Safe and Drug-Free Schools and Communities Act and the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of grant funds for bullying prevention, and for other purposes."} | 1,940 | 96 | 0.536668 | 1.265523 | 0.675551 | 5.022222 | 16.388889 | 0.955556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Oceanic and Atmospheric
Administration Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(3) Office.--The term ``office'' includes any office,
institute, council, unit, organizational entity, or component
thereof.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere
appointed under section 102.
SEC. 3. ORGANIZATION OF ADMINISTRATION.
(a) In General.--There shall be in the Department of Commerce an
agency known as the National Oceanic and Atmospheric Administration.
(b) Primary Missions.--The primary missions of the Administration
are the following:
(1) The provision and certification of hydrographic and
geodetic products and data.
(2) The conservation and management of the Nation's coastal
and marine resources.
(3) The exploration of the oceans and the Great Lakes.
(4) To further human understanding of--
(A) the oceans and the Great Lakes;
(B) the earth's atmosphere; and
(C) the functional relationship of the oceans and
the atmosphere.
(5) Forecasting the Nation's weather and climate.
(c) Components.--The Secretary shall maintain within the
Administration the following components:
(1) The National Coast and Ocean Service.
(2) The National Oceanic and Atmospheric Research Service.
(3) The National Marine Fisheries Service.
(4) The National Weather Service.
(5) The National Environmental Satellite and Data
Information Service.
(6) The Office of Marine and Aviation Operations.
(7) Such other components as the Secretary considers
necessary.
(d) Functions.--The Administration shall perform such functions as
were vested in the Administration or any officer, employee, or office
of the Administration immediately before the enactment of this Act,
except as may be provided otherwise by law or by a redelegation of
authority after that date by the President, the Secretary of Commerce,
or any other officer of the United States who delegated such function
to the Administration before that date or who is otherwise authorized
to make such a redelegation.
SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE.
(a) In General.--There shall be at the head of the Administration
the Under Secretary of Commerce for Oceans and Atmosphere. The Under
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate. The Under Secretary shall be paid at the
rate of basic pay for level III of the Executive Schedule.
(b) Functions.--Subject to the authority, direction, and control of
the Secretary, the Under Secretary shall perform such functions and
exercise such powers with respect to the Administration as the
Secretary may prescribe, including the following:
(1) Serve as the Administrator of the National Oceanic and
Atmospheric Administration.
(2) General management.
(3) Policy development and guidance.
(4) Budget formulation, guidance, and execution, and other
financial matters.
(5) Resource requirements determination and allocation.
(6) Program management and direction.
(7) Environment, safety, and health operations.
(8) Administration of contracts, real property, and
facilities.
(9) Personnel, including the selection, appointment,
distribution, supervision, compensation, and separation of
personnel.
(10) Procurement of services of experts and consultants in
accordance with section 3109 of title 5, United States Code.
(11) External affairs, including legal, legislative, and
public affairs, and serving as liaison with other elements of
the Department of Commerce and with other Federal agencies,
State, tribal, and local governments, and the public.
SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE.
(a) In General.--There shall be in the Administration an Assistant
Secretary of Commerce for Oceans and Atmosphere. The Assistant
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate. The Assistant Secretary shall be paid at the
rate of basic pay for level IV of the Executive Schedule.
(b) Functions.--The Assistant Secretary--
(1) shall perform such functions and exercise such powers
as the Secretary or Under Secretary may prescribe; and
(2) shall act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a vacancy
in the office of Under Secretary.
SEC. 6. DEPUTY UNDER SECRETARY.
(a) In General.--There shall be in the Administration a Deputy
Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary
shall be appointed by the Secretary. The position of Deputy Under
Secretary shall be a Senior Executive Service general position as
defined in section 3132(a)(9) of title 5, United States Code, (for
purposes of subchapter II of chapter 31 of title 5, United States
Code).
(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the Deputy Under Secretary--
(1) shall serve as an advisor to the Under Secretary and to
the Assistant Secretary on all program and policy issues;
(2) shall be responsible for ensuring the timely and
effective implementation of the Administration policies and
objectives; and
(3) in the absence or disability of the Under Secretary or
Assistant Secretary, or in the event of a vacancy in either
such position, shall act in that position.
SEC. 7. GENERAL COUNSEL.
(a) In General.--There shall be in the Administration a General
Counsel. The General Counsel shall be appointed by the Secretary. The
position of General Counsel shall be a Senior Executive Service general
position as defined in section 3132(a)(9) of title 5, United States
Code, (for purposes of subchapter II of chapter 31 of title 5, United
States Code).
(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the General Counsel--
(1) shall serve as the chief legal officer of the
Administration for all legal matters that arise in connection
with the conduct of the functions of the Administration; and
(2) shall perform such other functions and exercise such
powers as the Secretary or Under Secretary may prescribe.
SEC. 8. ASSISTANT ADMINISTRATORS.
(a) In General.--There shall be in the Administration the
following:
(1) An Assistant Administrator for Coastal and Ocean
Services.
(2) An Assistant Administrator for Oceanic and Atmospheric
Research.
(3) An Assistant Administrator for Fisheries.
(4) An Assistant Administrator for Weather.
(5) An Assistant Administrator for Environmental Satellite
Data and Information.
(6) An Assistant Administrator for Program Planning and
Integration.
(7) A Director of Marine and Aviation Operations and the
Commissioned Officer Corps.
(b) Appointment.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be appointed by the Secretary. Each
Assistant Administrator position shall be a Senior Executive Service
general position as defined in section 3132(a)(9) of title 5, United
States Code (for purposes of subchapter II of chapter 31 of title 5,
United States Code).
(c) Qualifications.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be an individual who is qualified
by reason of background and experience to direct the implementation and
administration of the functions for which they are responsible.
(d) Functions.--Each Assistant Administrator and the Director
referred to in subsection (a), under the authority, direction, and
control of the Under Secretary, shall perform such functions and
exercise such powers as the Under Secretary may prescribe.
SEC. 9. CONTINUATION OF SERVICE.
Any individual serving on the date of the enactment of this Act in
a position provided for in this Act may continue to serve in that
position until a successor is appointed under this Act.
SEC. 10. SCIENCE ADVISORY BOARD.
(a) In General.--There shall be in the Administration a Science
Advisory Board, which shall report to the Under Secretary.
(b) Purpose.--The purpose of the Science Advisory Board is to
advise the Under Secretary on long-range and short-range strategies for
research, education, and application of science to resource management
and environmental assessment and prediction.
(c) Members.--
(1) In general.--The Science Advisory Board shall consist
of members appointed by the Under Secretary to assure a
balanced representation among preeminent scientists, engineers,
educators, industry, and science policy experts reflecting the
full breadth of the Administration's areas of responsibility.
(2) Criteria for selection.--The Under Secretary shall
develop and apply standard criteria for the selection of
members of the Science Advisory Board. -
(3) Terms.--(A) Members of the Science Advisory Board shall
be appointed for a 3-year term, may be reappointed once, and
shall serve at the discretion of the Under Secretary.
(B) An individual serving a term as a member of the Science
Advisory Board on the date of enactment of this section may
complete that term, and may be reappointed once for another
term of 3 years.
(4) Compensation and expenses.--A member of the Science
Advisory Board shall not be compensated for service on such
board, but upon request by the member may be allowed travel
expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United
States Code.
(5) Ethical standards.--Members of the Science Advisory
Board shall be subject to the ethical standards applicable to
special Government employees.
(d) Chairperson.--The Under Secretary shall designate one of the
members of the Science Advisory Board as the Chairperson of such board.
(e) Meetings.--The Science Advisory Board shall meet at least twice
each year, and at other times at the call of the Under Secretary or the
Chairperson.
(f) Administrative Support.--The Under Secretary shall provide
administrative support to the Science Advisory Board.
SEC. 11. GENERAL AUTHORITIES.
(a) Grants, Contracts, and Cooperative Agreements.--In carrying out
the programs and activities authorized for the Administration, the
Secretary--
(1) may enter into grants, contracts, or cooperative
agreements with Federal agencies, States, local governments,
regional agencies, interstate agencies, or other persons; and
(2) through the Administration, may apply for, accept, and
use grants or funds from such entities.
(b) Resource Sharing Agreements.--The Secretary, in carrying out
the functions of the Administration, and under terms and conditions
established by the Secretary--
(1) may enter into resource sharing agreements with States,
local governments, or Federal agencies to accept or provide for
funds and the use of personnel, services, equipment, or
facilities on a reimbursable, nonreimbursable, or shared basis;
and
(2) may enter into resource sharing agreements with other
Federal agencies to accept, or provide, personnel, services,
equipment, facilities, or funds, or participate in interagency
financing with other Federal agencies, to the extent necessary
to fulfill the objectives of programs or activities of the
Administration.
(c) Joint and Cooperative Institutes.--The Secretary may establish,
by cooperative agreement, joint or cooperative institutes with
qualified colleges, universities, and nonprofit research organizations
for the purpose of collaborating on mutually agreed-upon, long-term
research programs in the areas of oceanography, coastal ocean observing
technology, climate change, atmosphere, meteorology, marine, coastal
and estuarine environmental technology, fisheries, hydrography, and
marine spill response. The Secretary shall design such research
programs to support the authorized functions of the Administration. The
Secretary may accept or provide facilities, personnel, equipment, other
property, knowledge, and other scientific research resources and funds
on a reimbursable or nonreimbursable basis, as determined by the
Secretary, for such institutes.
SEC. 12. PROGRAM SUPPORT.
(a) Corporate Services.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to provide corporate services (including
management, administrative support, and policy development) that
support its program activities, $95,000,000 for each of fiscal years
2004 through 2008.
(b) Marine Operations and Maintenance.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the National
Oceanic and Atmospheric Administration to carry out marine services
activities (including ship operations, maintenance, support and
planning) under the Act of 1947 and any other law involving those
activities, $90,000,000 for each of fiscal years 2004 through 2008.
(c) Facilities.--In addition to amounts authorized under section 3
of Public Law 104-91, there are authorized to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out activities related to maintenance, repair, safety,
environmental compliance, and project planning and execution of
facilities, $20,000,000 for each of fiscal years 2004 through 2008.
SEC. 13. NOAA FLEET REPLACEMENT AND MODERNIZATION.
(a) In General.--Section 603 of the NOAA Fleet Modernization Act
(33 U.S.C. 891a) is amended to read as follows:
``SEC. 603. FLEET REPLACEMENT AND MODERNIZATION PROGRAM.
``(a) In General.--The Secretary may implement a program to replace
and modernize the NOAA fleet in accordance with a plan submitted in
accordance with section 604.
``(b) NOAA Vessel Construction.--
``(1) Prohibition on foreign construction.--Except as
provided in paragraph (2), no NOAA vessel, and no major
component of the hull or superstructure of a NOAA vessel, may
be constructed in a foreign shipyard.
``(2) Exceptions.--The President may authorize an exception
to the prohibition in paragraph (1) if the President determines
that it is in the national security interest of the United
States to do so. The President shall transmit notice to the
Congress of any such determination. No contract may be made
pursuant to such an exception until the end of the 30-day
period beginning on the date the notice of such determination
is received by the Congress.''.
(b) Fleet Modernization Plan.--Section 604 of the NOAA Fleet
Modernization Act (33 U.S.C. 891b) is amended to read as follows:
``SEC. 604. FLEET MODERNIZATION PLAN.
``(a) In General.--No later than 30 days after the date of the
enactment of the National Oceanic and Atmospheric Administration Act of
2003, the Secretary shall submit to the Committee on Resources and the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a modernization
plan for the NOAA fleet covering fiscal years 2004 through 2008.
``(b) Plan Elements.--The Plan required under subsection (a) shall
include the following:
``(1) The number of vessels proposed to be modernized or
replaced, the schedule for their modernization or replacement,
and anticipated funding requirements for such modernization and
replacement.
``(2) The number of vessels proposed to be constructed,
leased, or chartered.
``(3) The number of vessels, or days at sea, that can be
obtained by using the vessels of the UNOLS.
``(4) The number of vessels that will be made available to
NOAA by the Secretary of the Navy, or any other Federal
official, and the terms and conditions for their availability.
``(5) The proposed acquisition of modern scientific
instrumentation for the NOAA fleet, including--
``(A) acoustic systems;
``(B) data transmission positioning and
communications systems;
``(C) physical, chemical, and meteorological
oceanographic systems; and
``(D) data acquisition and processing systems.''.
(c) Use of UNOLS Vessels.--Section 605 of the NOAA Fleet
Modernization Act (33 U.S.C. 891c) is amended to read as follows:
``SEC. 605. USE OF VESSELS.
``In carrying out the primary missions of NOAA under section 3(b)
of the National Oceanic and Atmospheric Administration Act of 2003, the
Secretary--
``(1) shall use excess capacity of UNOLS vessels where
appropriate; and
``(2) may enter into memoranda of agreement with the
operators of those vessels to carry out the requirement under
paragraph (1).''.
(d) Repeals.--Sections 607, 608, 609 and 610 of the NOAA Fleet
Modernization Act (33 U.S.C. 891e-891h) are repealed.
SEC. 14. CONFORMING AMENDMENTS AND REPEALS.
(a) Pay Rate of Deputy Under Secretary.--Section 5315 of title 5,
United States Code, is amended by adding at the end the following:
``Deputy Under Secretary of Commerce for Oceans and
Atmosphere.''.
(b) Reorganization Plan Number 4 of 1970.--
(1) Repeal.--Reorganization Plan Number 4 of 1970 (5 App.
U.S.C.) is repealed.
(2) Relationship to administration functions.--Subparagraph
(A) shall not affect the functions of the Administration under
section 3(d) of this Act.
(3) Notice of reprogramming.--Section 403 of Public Law
102-567 (106 Stat. 4291) is amended by striking ``$250,000 or
5'' and inserting ``$500,000 or 10''. | National Oceanic and Atmospheric Administration Act of 2003 - Re-establishes the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce, headed by the Under Secretary of Commerce for Oceans and Atmosphere who will serve as the Administrator of NOAA.Establishes within NOAA: (1) the National Coast (sic) and Ocean Service; (2) the National Oceanic and Atmospheric Research Service; (3) the National Marine Fisheries Service; (4) the National Weather Service; (5) the National Environmental Satellite and Data Information Service; (6) the Office of Marine and Aviation Operations; and (7) such other components as the Secretary considers necessary.Establishes within NOAA the positions of: (1) Assistant Secretary of Commerce for Oceans and Atmosphere; (2) Deputy Under Secretary for Oceans and Atmosphere; (3) General Counsel; and (4) Assistant Administrators for the Services and a Director of Marine and Aviation Operations and the Commissioned Officer Corps.Establishes within NOAA a Science Advisory Board.Authorizes the Secretary to: (1) enter into grants, contracts, or cooperative agreements with agencies, States, local governments, or other persons and apply for, accept, and use grants or funds from such entities; (2) enter into resource sharing agreements with States, local governments, or Federal agencies; and (3) establish joint or cooperative institutes with qualified entities.Amends the NOAA Fleet Modernization Act to authorize the Secretary to implement a program to replace and modernize the NOAA fleet. Requires the Secretary to submit to Congress a modernization plan for the NOAA fleet covering FY 2004 through 2008. | {"src": "billsum_train", "title": "To improve the conservation and management of coastal and ocean resources by reenacting and clarifying provisions of a reorganization plan authorizing the National Oceanic and Atmospheric Administration."} | 3,921 | 368 | 0.642974 | 1.844442 | 0.691946 | 4.928803 | 11.640777 | 0.961165 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Impartial Reform Tax Act of
2011''.
SEC. 2. REPEAL OF CERTAIN TAX CUTS EXTENDED FOR HIGH INCOME
INDIVIDUALS.
(a) Individual Income Tax Rates.--Subsection (i) of section 1 of
the Internal Revenue Code of 1986 is amended by striking paragraph (2),
by redesignating paragraph (3) as paragraph (4), and by inserting after
paragraph (1) the following new paragraphs:
``(2) 25- and 28-percent rate brackets.--The tables under
subsections (a), (b), (c), (d), and (e) shall be applied--
``(A) by substituting `25%' for `28%' each place it
appears (before the application of subparagraph (B)),
and
``(B) by substituting `28%' for `31%' each place it
appears.
``(3) 33-percent rate bracket.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2011--
``(i) the rate of tax under subsections
(a), (b), (c), and (d) on a taxpayer's taxable
income in the fourth rate bracket shall be 33
percent to the extent such income does not
exceed an amount equal to the excess of--
``(I) the applicable amount, over
``(II) the dollar amount at which
such bracket begins, and
``(ii) the 36-percent rate of tax under
such subsections shall apply only to the
taxpayer's taxable income in such bracket in
excess of the amount to which clause (i)
applies.
``(B) Applicable amount.--For purposes of this
paragraph, the term `applicable amount' means the
excess of--
``(i) the applicable threshold, over
``(ii) the sum of the following amounts in
effect for the taxable year:
``(I) the basic standard deduction
(within the meaning of section
63(c)(2)), and
``(II) the exemption amount (within
the meaning of section 151(d)(1)) (or,
in the case of subsection (a), 2 such
exemption amounts).
``(C) Applicable threshold.--For purposes of this
paragraph, the term `applicable threshold' means--
``(i) $500,000 in the case of subsection
(a),
``(ii) $400,000 in the case of subsections
(b) and (c), and
``(iii) \1/2\ the amount applicable under
clause (i) (after adjustment, if any, under
subparagraph (E)) in the case of subsection
(d).
``(D) Fourth rate bracket.--For purposes of this
paragraph, the term `fourth rate bracket' means the
bracket which would (determined without regard to this
paragraph) be the 36-percent rate bracket.
``(E) Inflation adjustment.--For purposes of this
paragraph, a rule similar to the rule of paragraph
(1)(C) shall apply with respect to taxable years
beginning in calendar years after 2011, applied by
substituting `2009' for `1992' in subsection
(f)(3)(B).''.
(b) Phaseout of Personal Exemptions and Itemized Deductions.--
(1) Overall limitation on itemized deductions.--Section 68
of such Code is amended--
(A) by striking ``the applicable amount'' the first
place it appears in subsection (a) and inserting ``the
applicable threshold in effect under section 1(i)(3)'',
(B) by striking ``the applicable amount'' in
subsection (a)(1) and inserting ``such applicable
threshold'',
(C) by striking subsection (b) and redesignating
subsections (c), (d), and (e) as subsections (b), (c),
and (d), respectively, and
(D) by striking subsections (f) and (g).
(2) Phaseout of deductions for personal exemptions.--
(A) In general.--Paragraph (3) of section 151(d) of
such Code is amended--
(i) by striking ``the threshold amount'' in
subparagraphs (A) and (B) and inserting ``the
applicable threshold in effect under section
1(i)(3)'',
(ii) by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph
(C), and
(iii) by striking subparagraphs (E) and
(F).
(B) Conforming amendment.--Paragraph (4) of section
151(d) of such Code is amended--
(i) by striking subparagraph (B),
(ii) by redesignating clauses (i) and (ii)
of subparagraph (A) as subparagraphs (A) and
(B), respectively, and by indenting such
subparagraphs (as so redesignated) accordingly,
and
(iii) by striking all that precedes ``in a
calendar year after 1989,'' and inserting the
following:
``(4) Inflation adjustment.--In the case of any taxable
year beginning''.
(c) Reduced Rate on Capital Gains and Dividends.--
(1) In general.--Paragraph (1) of section (1)(h) of such
Code is amended by striking subparagraph (C), by redesignating
subparagraphs (D) and (E) as subparagraphs (E) and (F) and by
inserting after subparagraph (B) the following new
subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital
gain (or, if less, taxable income) as exceeds
the amount on which a tax is determined under
subparagraph (B), or
``(ii) the excess (if any) of--
``(I) the amount of taxable income
which would (without regard to this
subsection) be taxed at a rate below 36
percent, over
``(II) the sum of the amounts on
which tax is determined under
subparagraphs (A) and (B),
``(D) 20 percent of the adjusted net capital gain
(or, if less, taxable income) in excess of the sum of
the amounts on which tax is determined under
subparagraphs (B) and (C),''.
(2) Dividends.--Subparagraph (A) of section 1(h)(11) of
such Code is amended by striking ``qualified dividend income''
and inserting ``so much of the qualified dividend income as
does not exceed the excess (if any) of--
``(i) the amount of taxable income which
would (without regard to this subsection) be
taxed at a rate below 36 percent, over
``(ii) taxable income reduced by qualified
dividend income.''.
(3) Minimum tax.--Section 55 of such Code is amended by
adding at the end the following new subsection:
``(f) Application of Maximum Rate of Tax on Net Capital Gain of
Noncorporate Taxpayers.--In the case of taxable years beginning after
December 31, 2011, the amount determined under subparagraph (C) of
subsection (b)(3) shall be the sum of--
``(1) 15 percent of the lesser of--
``(A) so much of the adjusted net capital gain (or,
if less, taxable excess) as exceeds the amount on which
tax is determined under subparagraph (B) of subsection
(b)(3), or
``(B) the excess described in section
1(h)(1)(C)(ii), plus
``(2) 20 percent of the adjusted net capital gain (or, if
less, taxable excess) in excess of the sum of the amounts on
which tax is determined under subsection (b)(3)(B) and
paragraph (1).''.
(4) Conforming amendments.--
(A) The following provisions are amended by
striking ``15 percent'' and inserting ``20 percent'':
(i) Section 1445(e)(1) of such Code.
(ii) The second sentence of section
7518(g)(6)(A) of such Code.
(iii) Section 53511(f)(2) of title 46,
United States Code.
(B) Sections 531 and 541 of the Internal Revenue
Code of 1986 are each amended by striking ``15 percent
of'' and inserting ``the product of the highest rate of
tax under section 1(c) and''.
(C) Section 1445(e)(6) of such Code is amended by
striking ``15 percent (20 percent in the case of
taxable years beginning after December 31, 2011)'' and
inserting ``20 percent''.
(d) Application of EGTRRA Sunset.--Section 901 of the Economic
Growth and Tax Relief Reconciliation Act of 2001 shall apply to the
amendments made by this section.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2011.
(2) Withholding.--The amendments made by subparagraphs
(A)(i) and (C) of subsection (c)(4) shall apply to amounts paid
on or after January 1, 2012. | Fair and Impartial Reform Tax Act of 2011 - Amends the Internal Revenue Code to: (1) revise income tax rates for individuals and increase such rates for taxpayers with adjusted gross incomes in excess of $500,000, (2) impose limits on and phaseouts of personal exemptions and itemized deductions for high income taxpayers, (3) increase the tax rate on net capital gains and dividend income, and (4) increase the alternative minimum tax (AMT) on the net capital gains of noncorporate taxpayers for taxable years beginning after 2011.
Makes the general terminating date of the Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (i.e., December 31, 2012) applicable to the amendments made by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal certain tax cuts extended for high income individuals."} | 2,119 | 157 | 0.500228 | 1.266609 | 0.73253 | 2.137681 | 13.833333 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``10th Amendment Regulatory Reform
Act''.
SEC. 2. FINDINGS.
The Congress finds:
(1) The 10th article of amendment to the Constitution of
the United States (hereinafter in this section referred to as
the ``10th Amendment'') , ratified on December 15, 1791,
states, ``The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.''.
(2) The 10th Amendment expressly limits the powers of the
Federal Government to those delegated by the Constitution and
reaffirms and protects the freedom of the States to exercise
those that are not.
(3) The 10th Amendment reflects the opposition of the
Founding Fathers to a Federal Government with expansive powers;
their intention for the powers of the States to act as a check
on those of the Federal Government; and their concern that the
Federal Government would attempt to usurp powers intended to
remain with the States.
(4) James Madison, in The Federalist No. 45, wrote, ``The
powers delegated by the proposed Constitution to the Federal
Government are few and defined. Those which are to remain in
the State governments are numerous and indefinite.''.
(5) The Supreme Court, in United States v. Sprague, 282
U.S. 716 (1931), noted, ``The Tenth Amendment was intended to
confirm the understanding of the people at the time the
Constitution was adopted, that powers not granted to the United
States were reserved to the States or to the people.''.
(6) The Supreme Court, in Fry v. United States, 421 U.S.
542 (1975), also noted, ``The Amendment expressly declares the
constitutional policy that Congress may not exercise power in a
fashion that impairs the States' integrity or their ability to
function effectively in a federal system.''.
(7) The Executive Departments and Agencies of the Federal
Government often promulgate regulations contrary to the spirit
and letter of the 10th Amendment.
(8) The 10th Amendment assures that the people of the
United States of America and each sovereign State in the Union
of States, now have, and have always had, rights the Federal
Government may not usurp.
(9) It is the responsibility of Congress to safeguard the
10th Amendment and to recognize that it is as vital and
valuable today as on the date of its ratification.
SEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFICIALS TO CHALLENGE
FEDERAL RULEMAKING AS A VIOLATION OF THE 10TH AMENDMENT.
(a) To Submit a Legal Brief.--During any period when a proposed
Federal rule is required under chapter 5, title 5, United States Code,
to be open for public comment, any designated State official may file
with the head of the agency proposing the rule a legal brief
challenging the constitutionality of the proposed rule under the 10th
article of amendment to the Constitution.
(b) Duty of Federal Official To Post Link to the Brief.--The head
of the Federal agency proposing the rule shall prominently post on the
agency's primary Web page, in such a manner that it is immediately
noticeable to those who visit that Web site, a link to each brief
submitted under subsection (a).
(c) Response by Federal Agency.--Unless the Federal agency
determines not to carry into effect the proposed rule, not later than
15 days after posting the link under subjection (a), the head of that
agency shall--
(1) certify in writing that, in the opinion of that head,
such rulemaking does not violate the 10th article of amendment
to the Constitution and include in that certification a full
and complete written statement of the legal reasoning
supporting that opinion; and
(2) prominently post the certification on the front page of
the agency's Web site next to the legal briefs pertaining to
that rule posted under subsection (b).
(d) Notice to Other States' Officials.--Not later than 15 days
after a designated State official submits a brief under this section,
the head of the agency proposing the rule shall give notice to each
designated State official of each State that the brief was filed.
(e) Venue and Jurisdiction of Legal Actions by State Officials.--If
a designated State official decides to commence legal action against a
proposed or final Federal rule on the grounds that the rule violates
the 10th article of amendment to the Constitution, in addition to any
other venue or jurisdiction that may be provided by law, the official
may elect to file the action in the United States district court for
the district in which the official's place of business is located,
which shall be a proper venue for the case and the court shall have
jurisdiction to hear and determine it.
(f) Expedited Appeal.--Upon the request of a designated State
official who is a party in the case, the relevant United States Court
of Appeals shall grant expedited review of a decision by a district
court in any case that could have been brought under subsection (e).
(g) Definitions.--As used in this section--
(1) the term ``designated State official'' means, with
respect to a State--
(A) the chief executive of the State;
(B) the lieutenant governor or equivalent officer
of the State;
(C) the chief legal officer of the State; or
(D) a legislative leader of the State and
(2) the term ``legislative leader'' means a speaker,
majority leader, or minority leader, of the State legislature
or any House thereof. | 10th Amendment Regulatory Reform Act - Authorizes a designated state official to file with the head of a federal agency proposing a rule, during the period when the proposed rule is required to be open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment.
Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief is filed; (2) to post prominently on the agency's primary Web page a link to the brief; and (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the front page of the agency's website, unless the agency determines it will not put the proposed rule into effect.
Authorizes a state official who decides to challenge a federal rule on the grounds that it violates the Tenth Amendment to elect to file a legal action in U.S. district court for the district in which the official's place of business is located. Directs the relevant U.S. Court of Appeals, at the request of a designated state official, to grant expedited review of a decision by a district court in such a case. | {"src": "billsum_train", "title": "To protect 10th Amendment rights by providing special standing for State government officials to challenge proposed regulations, and for other purposes."} | 1,241 | 272 | 0.363788 | 1.079439 | 0.629581 | 3.467811 | 4.978541 | 0.944206 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Urban Area Security
Initiative Capability Gains Act of 2011'' or the ``Preserving UASI
Capability Gains Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the wake of the devastating attacks of September 11,
2001, the National Commission on Terrorist Attacks Upon the
United States (the ``9/11 Commission'') concluded that ``[i]f
New York or other major cities are to be prepared for future
terrorist attacks, different first responder agencies within
each city must be fully coordinated, just as different branches
of the U.S. military are.''.
(2) The 9/11 Commission recommended that limited Federal
preparedness and response resources should be allocated to
``supplement state and local resources based on risks and
vulnerabilities that merit additional support.''.
(3) The Urban Area Security Initiative (UASI) program, as
established in 2003, provides grant funding to certain high-
threat, high-density urban areas that need assistance to build
an enhanced and sustainable capacity to prevent, protect
against, respond to, and recover from terrorist attacks and
other catastrophic events.
(4) The UASI program emphasizes multi-jurisdictional,
regional readiness and supports the unique planning,
organization, equipment, training, and exercise needs of high-
threat, high-density urban areas. State and local governments
have leveraged Federal investment under the UASI program to
provide personnel, plans, equipment, training, and exercises to
first responders to address the homeland security challenges of
a post-9/11 world.
(5) An August 2011 report issued by the National Urban Area
Security Initiative Association stated that between fiscal
years 2003 and 2010, high-threat, high-density urban areas had
received 6.5 billion dollars in UASI funding to achieve
preparedness and response capabilities.
(6) Over the past eight years, UASI funding has enabled at-
risk State and local governments to develop critical
preparedness and response capabilities that such governments
could not otherwise achieve.
(7) UASI funding has been used to advance the National
Homeland Security Priorities promulgated by the Department of
Homeland Security in the National Preparedness Guidelines in
2007, including to strengthen information sharing and
collaboration, strengthen interoperable and operable
communications, strengthen planning and citizen preparedness,
improve chemical, biological, radiological, nuclear, and
explosives detection, and improve critical infrastructure
protection.
(8) UASI funding has helped foster better detection of
potential threats and information sharing on the local level.
In fact, an October 2010 study released by the Institute for
Homeland Security Solutions found that 51 percent of the 68
known terrorist plots from 1999 to 2009 were thwarted when
community members or local law enforcement--the first lines of
defense--detected these threats.
(9) For fiscal year 2010, the Department of Homeland
Security identified 64 high-threat, high-density urban areas
that required UASI funding to achieve and preserve preparedness
and response capabilities and provided necessary funding.
(10) For fiscal year 2011, the Department of Homeland
Security eliminated thirty-two high-threat, high-density urban
areas from the UASI program when UASI funding was reduced by 18
percent pursuant to the Department of Defense and Full-Year
Continuing Appropriations Act of 2011. The urban areas
eliminated are Albany, NY; Austin, TX; Bakersfield, CA; Baton
Rouge, LA; Bridgeport, CT; Buffalo, NY; Columbus, OH; El Paso,
TX; Hartford, CT; Honolulu, HI; Indianapolis, IN; Jacksonville,
FL; Kansas City, MO; Louisville, KY; Memphis, TN; Milwaukee,
WI; Nashville, TN; New Orleans, LA; Oklahoma City, OK; Omaha,
KS; Oxnard, CA; Providence, RI; Richmond, VA; Rochester, NY;
Sacramento, CA; Salt Lake City, UT; San Antonio, TX; San Juan,
PR; Syracuse, NY; Toledo, OH; Tucson, AZ; and Tulsa, OK.
(11) As a result of the funding reductions to the UASI
program for fiscal year 2011, many of these high-threat, high-
density urban areas must stretch their limited financial
resources to preserve the advancements made to their terrorism
prevention and disaster preparedness and response capabilities
with UASI funding. Some of these urban areas will not be able
to sustain the advancements made under the UASI program without
additional Federal assistance. Nationally, this capabilities'
erosion has significant homeland security implications.
SEC. 3. PRESERVATION OF URBAN AREA SECURITY INITIATIVE SECURITY GAINS.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 603 et seq.) is amended--
(1) by redesignating sections 2004 through 2008 as sections
2005 through 2009, respectively; and
(2) by inserting after section 2003 the following new
section:
``SEC. 2004. PRESERVATION OF URBAN AREA SECURITY INITIATIVE SECURITY
GAINS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a
competitive grant program to make funding available for preservation of
homeland security capabilities achieved by high-risk urban areas that
received Urban Area Security Initiative funding in fiscal years 2009 or
2010 but were removed from the program thereafter.
``(b) Application.--Not later than 90 days after establishment of
the competitive grant program required under subsection (a), the
Administrator shall accept applications with the following information:
``(1) Specific homeland security capability gains achieved
through previous grant awards that are at risk of being reduced
or eliminated without Federal grant assistance.
``(2) A description of activities, programs, and
acquisitions that would be undertaken with Federal grant
assistance to enhance homeland security capabilities.
``(3) The proposed division of responsibilities and
distribution of funding among the local and tribal governments
in each high-risk urban area.
``(4) The name of an individual to serve as a high-risk
urban area point of contact (in each such area) for
communication with the Department and among the various
jurisdictions in each high-risk urban area.
``(5) Such information in support of the application as the
Administrator may reasonably require.
``(c) Criteria.--In awarding grants under this section, the
Administrator shall evaluate each grant application and give priority
to those applications that best--
``(1) preserve capabilities needed to prevent, protect
against, mitigate, respond to, and recover from the threats and
hazards that pose the greatest risk to the United States, as
reflected in the Presidential Policy Directive 8 and the
National Preparedness Goal;
``(2) preserve core capabilities developed through previous
Urban Area Security Initiative grant allocations;
``(3) align with strategies and principles of the National
Preparedness Goal, including the promotion of national
preparedness within the private and nonprofit sectors,
nongovernmental organizations, and the public;
``(4) support capabilities that enhance regional
catastrophic planning that could be used nationally through
mutual aid agreements before, during, and after incidents; and
``(5) align with other established grant funding priorities
identified by the Administrator.
``(d) Conformance With the Urban Area Security Initiative
Program.--All provisions relating to State review and transmission,
opportunity to amend, and distribution of awards, as established in
section 2003, shall apply to the competitive grant program under this
section.
``(e) Limitations of Awards.--No one applicant may receive more
than seven percent of the total amount authorized for the competitive
grant program under this section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $58,000,000 for each of fiscal
years 2012 through 2014, of which not more than five percent shall be
available each fiscal year for the costs of administering the grant
program.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by increasing by one the section number in each of
the items in the table relating sections 2004 through 2008, and by
inserting after the item relating to section 2003 the following:
``Sec. 2004. Preservation of Urban Area Security Initiative security
gains.''.
(c) Conforming Amendments.--Sections 2003(b)(2)(A)(i) and 2005(e)
of such Act (6 U.S.C. 604(b)(2)(A)(i), 606(e)) are each amended by
striking ``section 2007'' and inserting ``section 2008''. | Preserving Urban Area Security Initiative Capability Gains Act of 2011 or the Preserving UASI Capability Gains Act of 2011 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to establish a competitive grant program to make funding available for preservation of homeland security capabilities achieved by high-risk urban areas that received Urban Area Security Initiative (UASI) funding in FY2009 or FY2010 but were removed from the program thereafter.
Directs the Administrator to give priority to grant applications that best: (1) preserve capabilities needed to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk to the United States; (2) preserve core capabilities developed through previous UASI grant allocations; (3) align with strategies and principles of the National Preparedness Goal, including the promotion of national preparedness; and (4) support capabilities that enhance regional catastrophic planning that could be used nationally through mutual aid agreements.
Prohibits any one applicant from receiving more than 7% of the total amount authorized for such grant program. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to preserve homeland security capability gains achieved through the Urban Area Security Initiative program, and for other purposes."} | 1,880 | 229 | 0.66182 | 1.995305 | 0.894074 | 6.278846 | 8.442308 | 0.932692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating Carbon Capture and
Sequestration Act of 2008''.
SEC. 2. TAX CREDIT FOR CARBON DIOXIDE SEQUESTRATION.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business credits) is
amended by adding at the end the following new section:
``SEC. 45Q. CREDIT FOR CARBON DIOXIDE SEQUESTRATION.
``(a) General Rule.--For purposes of section 38, the carbon dioxide
sequestration credit for any taxable year is an amount equal to the sum
of--
``(1) $20 per metric ton of qualified carbon dioxide which
is--
``(A) captured by the taxpayer at a qualified
facility, and
``(B) disposed of by the taxpayer in secure
geological storage, and
``(2) $10 per metric ton of qualified carbon dioxide which
is--
``(A) captured by the taxpayer at a qualified
facility, and
``(B) used by the taxpayer as a tertiary injectant
in a qualified enhanced oil or natural gas recovery
project.
``(b) Qualified Carbon Dioxide.--For purposes of this section--
``(1) In general.--The term `qualified carbon dioxide'
means carbon dioxide captured from an industrial source which--
``(A) would otherwise be released into the
atmosphere as industrial emission of greenhouse gas,
and
``(B) is measured at the source of capture and
verified at the point of disposal or injection.
``(2) Recycled carbon dioxide.--The term `qualified carbon
dioxide' includes the initial deposit of captured carbon
dioxide used as a tertiary injectant. Such term does not
include carbon dioxide that is re-captured, recycled, and re-
injected as part of the enhanced oil and natural gas recovery
process.
``(c) Qualified Facility.--For purposes of this section, the term
`qualified facility' means any industrial facility--
``(1) which is owned by the taxpayer,
``(2) at which carbon capture equipment is placed in
service, and
``(3) which captures not less than 500,000 metric tons of
carbon dioxide during the taxable year.
``(d) Special Rules and Other Definitions.--For purposes of this
section--
``(1) Only carbon dioxide captured and stored or used
within the united states taken into account.--The credit under
this section shall apply only with respect to qualified carbon
dioxide--
``(A) the capture of which is within the United
States (within the meaning of section 638(1)) or a
possession of the United States (within the meaning of
section 638(2)), and
``(B) which is stored in secure geological storage,
or used as a tertiary injectant in a qualified enhanced
oil or natural gas recovery project, located within the
United States (as so defined) or a possession of the
United States (as so defined).
``(2) Secure geological storage.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, shall establish regulations for determining
adequate security measures for the geological storage of carbon
dioxide under subsection (a)(1)(B) such that the carbon dioxide
does not escape into the atmosphere. Such term shall include
storage at deep saline formations and unminable coal seems
under such conditions as the Secretary may determine under such
regulations.
``(3) Tertiary injectant.--The term `tertiary injectant'
has the same meaning as when used within section 193(b)(1).
``(4) Qualified enhanced oil or natural gas recovery
project.--The term `qualified enhanced oil or natural gas
recovery project' has the meaning given the term `qualified
enhanced oil recovery project' by section 43(c)(2), by
substituting `crude oil or natural gas' for `crude oil' in
subparagraph (A)(i) thereof.
``(5) Credit attributable to taxpayer.--Any credit under
this section shall be attributable to the person that captures
and physically or contractually ensures the disposal of or the
use as a tertiary injectant of the qualified carbon dioxide,
except to the extent provided in regulations prescribed by the
Secretary.
``(6) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any qualified carbon
dioxide which ceases to be captured, disposed of, or used as a
tertiary injectant in a manner consistent with the requirements
of this section.
``(7) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2008, there shall be
substituted for each dollar amount contained in subsection (a)
an amount equal to the product of--
``(A) such dollar amount, multiplied by
``(B) the inflation adjustment factor for such
calendar year determined under section 43(b)(3)(B) for
such calendar year, determined by substituting `2007'
for `1990'.
``(e) Application of Section.--The credit under this section shall
apply with respect to qualified carbon dioxide before the end of the
calendar year in which the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, certifies that
75,000,000 metric tons of qualified carbon dioxide have been captured
and disposed of or used as a tertiary injectant.''.
(b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (32), by striking the period
at the end of paragraph (33) and inserting ``, plus'', and by adding at
the end of following new paragraph:
``(34) the carbon dioxide sequestration credit determined
under section 45Q(a).''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to other credits) is amended by adding at the end the
following new section:
``Sec. 4QO. Credit for carbon dioxide sequestration.''.
(d) Effective Date.--The amendments made by this section shall
apply carbon dioxide captured after the date of the enactment of this
Act. | Accelerating Carbon Capture and Sequestration Act of 2008 - Amends the Internal Revenue Code to allow a business-related tax credit for the capture and sequestration of carbon dioxide which would otherwise be released into the atmosphere as a greenhouse gas emission. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit for the capture and sequestration of carbon dioxide from an industrial source."} | 1,456 | 57 | 0.562913 | 1.263278 | 0.741518 | 2.795455 | 29.204545 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Distance Education and Online
Learning Act of 2003''.
SEC. 2. STUDENT ELIGIBILITY.
Section 484(l)(1) of the Higher Education Act of 1965 (20 U.S.C.
1091(l)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``in whole or in part'' and
inserting ``predominantly'';
(B) by striking ``of 1 year or longer''; and
(C) by striking ``unless'' and all that follows
through ``all courses at the institution''; and
(2) by amending subparagraph (B) to read as follows:
``(B) Requirement.--An institution of higher
education referred to in subparagraph (A) is an
institution of higher education that is not an
institution or school described in section 3(3)(C) of
the Carl D. Perkins Vocational and Technical Education
Act of 1998.''.
SEC. 3. DEFINITION OF ELIGIBLE PROGRAM.
Section 481(b) of the Higher Education Act of 1965 (20 U.S.C.
1088(b)) is amended by adding at the end the following:
``(3)(A) A program that is offered predominantly through
distance education methods and processes (other than
correspondence courses) is an eligible program for purposes of
this title if--
``(i) the program was reviewed and approved by an
accrediting agency or association that--
``(I) is recognized by the Secretary under
subpart 2 of part H; and
``(II) has evaluation of distance education
programs within the scope of its recognition;
and
``(ii) the institution offering the program--
``(I) has not had its participation in
programs under this title limited, suspended,
or terminated within the preceding 5 years;
``(II) has not had or failed to resolve an
audit finding or program review finding under
this Act during the preceding 2 years that
resulted in the institution being required to
repay an amount that is greater than 10 percent
of the total funds the institution received
under the programs authorized by this title for
any award year covered by the audit or program
review;
``(III) has not been found by the Secretary
during the preceding 5 years to be in material
noncompliance with the provisions of this Act
related to the submission of acceptable and
timely audit reports required under this title;
and
``(IV) is determined to be financially
responsible under regulations promulgated by
the Secretary pursuant to section 498(c).
``(B) If the accreditation agency or association withdraws
approval of the program described in subparagraph (A)(i) or the
institution fails to meet any of the requirements described in
subparagraph (A)(ii), then the program shall cease to be an
eligible program at the end of the award year in which such
withdrawal of approval or failure to meet such requirements
occurs. The program shall not be an eligible program until the
provisions of subparagraph (A) (i) and (ii) are met again.
``(4) The Secretary shall promulgate regulations for
determining whether a program that offers a degree or
certificate on the basis of a competency assessment, that
examines the content of the course work provided by the
institution of higher education, is an eligible program for
purposes of this title.''.
SEC. 4. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b)
is amended--
(1) in subsection (n)(3), by striking the last sentence and
inserting the following: ``If the agency or association
requests that the evaluation of institutions offering distance
education programs be included within its scope of recognition,
and demonstrates that the agency or association meets the
requirements of subsection (p), then the Secretary shall
include the accreditation of institutions offering distance
education programs within the agency's or association's scope
of recognition.''; and
(2) by adding at the end the following:
``(p) Distance Education Programs.--An agency or association that
seeks to evaluate the quality of institutions offering distance
education programs within its scope of recognition shall, in addition
to meeting the other requirements of this subpart, demonstrate to the
Secretary that the agency or association assesses--
``(1) measures of student achievement of students enrolled
in distance education programs;
``(2) the preparation of faculty and students to
participate in distance education programs;
``(3) the quality of interaction between faculty and
students in distance education programs;
``(4) the availability of learning resources and support
services for students in distance education programs; and
``(5) measures to ensure the integrity of student
participation in distance education programs.''. | Distance Education and Online Learning Act of 2003 - Amends the Higher Education Act of 1965 to revise title IV student assistance requirements for distance education courses and programs with respect to student eligibility, eligible programs, and criteria for recognition of accrediting agencies that evaluate institutions of higher education offering such programs. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 regarding distance education, and for other purposes."} | 1,060 | 65 | 0.512994 | 1.224502 | 0.958742 | 2.181818 | 18.127273 | 0.872727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generate Retirement Ownership
Through Long-Term Holding Act of 2005''.
SEC. 2. DEFERRAL OF REINVESTED CAPITAL GAIN DIVIDENDS OF REGULATED
INVESTMENT COMPANIES.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by inserting after section 1045 the following new section:
``SEC. 1046. REINVESTED CAPITAL GAIN DIVIDENDS OF REGULATED INVESTMENT
COMPANIES.
``(a) Nonrecognition of Gain.--In the case of an individual, no
gain shall be recognized on the receipt of a capital gain dividend
distributed by a regulated investment company to which part I of
subchapter M applies if such capital gain dividend is automatically
reinvested in additional shares of the company pursuant to a dividend
reinvestment plan.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital gain dividend.--The term `capital gain
dividend' has the meaning given to such term by section
852(b)(3)(C).
``(2) Recognition of deferred capital gain dividends.--
``(A) In general.--Gain treated as unrecognized in
accordance with subsection (a) shall be recognized in
accordance with subparagraph (B)--
``(i) upon a subsequent sale or redemption
by such individual of stock in the distributing
company, or
``(ii) upon the death of the individual.
``(B) Gain recognition.--
``(i) In general.--Upon a sale or
redemption described in subparagraph (A), the
taxpayer shall recognize that portion of total
gain treated as unrecognized in accordance with
subsection (a) (and not previously recognized
pursuant to this subparagraph) that is
equivalent to the portion of the taxpayer's
shares in the distributing company that are
sold or redeemed.
``(ii) Death of individual.--Except as
provided by regulations, any portion of such
total gain not recognized under clause (i)
prior to the taxpayer's death shall be
recognized upon the death of the taxpayer and
included in the taxpayer's gross income for the
taxable year ending on the date of the
taxpayer's death.
``(3) Holding period.--
``(A) General rule.--The taxpayer's holding period
in shares acquired through reinvestment of a capital
gain dividend to which subsection (a) applies shall be
determined by treating the shareholder as having held
such shares for one year and a day as of the date such
shares are acquired.
``(B) Special rule for distributions of qualified
5-year gains.--In the case of a distribution of a
capital gain dividend (or portion thereof) in a taxable
year beginning after December 31, 2008, and properly
treated as qualified 5-year gain (within the meaning of
section 1(h), as in effect after such date),
subparagraph (A) shall apply by substituting `5 years
and a day' for `one year and a day'.
``(c) Section not to Apply to Certain Taxpayers.--This section
shall not apply to--
``(1) an individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which such individual's
taxable year begins, or
``(2) an estate or trust.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Section 852(b)(3)(B) of such Code is amended by adding
at the end the following new sentence: ``For rules regarding
nonrecognition of gain with respect to reinvested capital gain
dividends received by individuals, see section 1046.''.
(2) The table of sections for part III of subchapter O of
chapter 1 of such Code is amended by inserting after the item
relating to section 1045 the following new item:
``Sec. 1046. Reinvested capital gain dividends of regulated investment
companies.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Generate Retirement Ownership Through Long-Term Holding Act of 2005 - Amends the Internal Revenue Code to provide that no gain shall be recognized on the receipt of a capital gain dividend distributed by a regulated investment company if such dividend is automatically reinvested in additional shares of the company pursuant to a dividend reinvestment plan. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals to defer recognition of reinvested capital gains distributions from regulated investment companies."} | 1,023 | 76 | 0.566673 | 1.312504 | 1.168548 | 7.068966 | 14.896552 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Veterans Children's
Disability Act''.
SEC. 2. AUTHORITY TO PROVIDE BENEFITS FOR CHILDREN OF VIETNAM VETERANS
WITH CERTAIN DISEASES ASSOCIATED WITH PARENTAL EXPOSURE
TO HERBICIDE AGENTS.
(a) Amendments to New Chapter 18.--The amendments made by this
section are made to chapter 18 of title 38, United States Code, as
amended by section 401 of the Veterans Benefits and Health Care
Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1857), and take
effect on--
(1) December 1, 2001 (the effective date of those
amendments); or
(2) if later, the date of the enactment of this Act.
(b) Benefits for Certain Children.--(1) Chapter 18 of title 38,
United States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER IV--CHILDREN OF VIETNAM VETERANS WITH DISEASES ASSOCIATED
WITH PARENTAL EXPOSURE TO HERBICIDE AGENTS
``Sec. 1831. Definitions
In this subchapter:
``(1) The term `eligible child' means an individual,
regardless of age or marital status, who--
``(A) is the natural child of--
``(i) a Vietnam veteran; or
``(ii) a veteran other than a Vietnam
veteran who, as determined under regulations
prescribed by the Secretary, was exposed before
the child was conceived to herbicides during
active military, naval, or air service; and
``(B) has one or more covered diseases.
``(2) The term `covered disease' means a disease identified
by the Secretary under section 1832 of this title.
``Sec. 1832. Covered diseases
``(a) Identification.--The Secretary shall by regulation identify
diseases occurring in children that have a positive association with
parental exposure to an herbicide agent before the date on which the
child was conceived.
``(b) Diseases To Be Included.--The Secretary shall include acute
myelogenous leukemia in the diseases identified under subsection (a).
``Sec. 1833. Health care
``(a) Needed Care.--The Secretary shall provide an eligible child
such health care as the Secretary determines is needed by the child for
that child's covered diseases or any disability that is associated with
those diseases.
``(b) Authority for Care To Be Provided Directly or by Contract.--
The Secretary may provide health care under this section directly or by
contract or other arrangement with a health care provider.
``(c) Definitions.--For purposes of this section, the definitions
in section 1803(c) of this title shall apply with respect to the
provision of health care under this section, except that for such
purposes--
``(1) the reference to `specialized spina bifida clinic' in
paragraph (2) of that section shall be treated as a reference
to a specialized clinic treating the disease concerned under
this section; and
``(2) the reference to `vocational training under section
1804 of this title' in paragraph (8) of that section shall be
treated as a reference to vocational training under section
1834 of this title.
``Sec. 1834. Vocational training
``(a) Authority.--The Secretary may provide a program of vocational
training to an eligible child if the Secretary determines that the
achievement of a vocational goal by the child is reasonably feasible.
``(b) Applicable Provisions.--Subsections (b) through (e) of
section 1804 of this title shall apply with respect to any program of
vocational training provided under subsection (a).
``Sec. 1835. Monetary allowance
``(a) Monetary Allowance.--The Secretary shall pay a monthly
allowance to an eligible child for any disability resulting from a
covered disease.
``(b) Schedule for Rating Disabilities.--(1) The amount of the
monthly allowance paid under this section shall be based on the degree
of disability suffered by the child concerned, as determined in
accordance with a schedule for rating disabilities resulting from
covered diseases that is prescribed by the Secretary.
``(2) In prescribing a schedule for rating disabilities for the
purposes of this section, the Secretary shall establish the levels of
disability upon which the amount of the allowance provided by this
section shall be based. The levels of disability established may take
into account functional limitations, including limitations on
cognition, communication, motor abilities, activities of daily living,
and employability.
``(c) Amount of Monthly Allowance.--(1) The Secretary shall
prescribe the amount of the monthly allowance paid under this section
for each level of disability established in the schedule of rating
disabilities prescribed under subsection (b), except that an allowance
under this section--
``(A) may not be less than the amount in effect under
section 1815(c)(1) of this title; and
``(B) may not be greater than the amount in effect under
section 1815(c)(4) of this title.
``(2)(A) Benefits under this subchapter may be discontinued six
months after the child has recovered fully from the disability.
``(B) For purposes of this paragraph, the term `fully
recovered from the disability' means that no signs or symptoms
of disability are present and no treatment for the disability
is warranted.
``(3) Benefits under this subchapter may be paid for any
secondary disability which results from any disability
associated with exposure to a herbicide or any disability
resulting from treatment for such disability.
``(d) Indexing to Social Security Benefit Increases.--Amounts paid
under subsection (c) shall be subject to adjustment from time to time
under section 5312 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``subchapter iv--children of vietnam veterans with diseases associated
with parental exposure to herbicide agents
``1831. Definitions.
``1832. Covered diseases.
``1833. Health care.
``1834. Vocational training.
``1835. Monetary allowance.''.
(c) Definition of Vietnam Veteran.--Section 1821(3)(A) of such
title is amended by striking ``subchapter I'' and inserting
``subchapters I and IV''. | Vietnam Veterans Children's Disability Act - Directs the Secretary of Veterans Affairs to: (1) identify diseases occurring in children of Vietnam veterans or other veterans that have a positive association with parental exposure to an herbicide agent before the date of conception; (2) include myelogenous leukemia among such diseases; (3) provide needed health care for such children's covered diseases or any associated disabilities; and (4) pay a monthly allowance to such children for any disability resulting from a covered disease, to be based on the degree of disability.Authorizes the Secretary to provide vocational training to such children if the achievement of a vocational goal is reasonably feasible. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide the Secretary of Veterans Affairs authority to furnish certain benefits for certain diseases occurring in children of Vietnam-era veterans upon a determination that such diseases have a positive association with parental exposure to a herbicide agent."} | 1,474 | 140 | 0.590773 | 1.543497 | 0.732382 | 3.144 | 10.344 | 0.952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Disaster Fairness in
Contracting Act of 2008''.
SEC. 2. COMPETITION REQUIREMENTS.
In entering into a contract to procure property or services in
connection with natural disaster reconstruction efforts, the head of an
executive agency shall comply with the requirements under section 303
of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253), except that the exceptions to the requirement for
competitive procedures provided under paragraphs (3), (4), and (7) of
subsection (c) of such section shall not apply to such contract.
SEC. 3. WRITTEN APPROVAL FOR USE OF NON-COMPETITIVE PROCEDURES REQUIRED
FOR CERTAIN CONTRACTS.
(a) Approval Required.--The head of an executive agency may enter
into a contract to procure property or services in connection with
natural disaster reconstruction efforts using other than full and open
competition only upon the written approval of the President or the
President's designee.
(b) Congressional Notification Required.--In any case in which
procedures other than full and open competitive procedures are to be
used to enter into such a contract, the head of such executive agency
shall submit not later than 7 calendar days before the award of the
contract a notification to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and the standing committees of the Senate and the
House of Representatives that have jurisdiction over the executive
agency. Such notification shall provide the justification for use of
other than full and open competitive procedures, a brief description of
the contract's scope, the amount of the contract, a discussion of how
the contracting agency identified and solicited offers from
contractors, a list of the contractors solicited, and the justification
and approval documents (as required under section 303(f)(1) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253(f)(1)) on which was based the determination of use of procedures
other than full and open competitive procedures.
(c) Scope of Requirements.--
(1) Size of contracts.--This section shall not apply to
contracts of less than $5,000,000.
(2) Applicability.--This section also shall apply to any
extension, amendment, or modification of contracts for the
procurement of property or services in connection with natural
disaster reconstruction efforts entered into prior to the
enactment of this Act using other than full and open
competitive procedures.
(3) Small business exception.--This section shall not apply
to contracts authorized by the Small Business Act (15 U.S.C.
631 et seq.).
SEC. 4. DISCLOSURE REQUIRED.
(a) Publication and Public Availability.--
(1) In general.--The head of an executive agency that
enters into a contract for the procurement of property or
services in connection with natural disaster reconstruction
efforts through the use of other than full and open competitive
procedures shall publish in the Federal Register or Federal
Business Opportunities, and otherwise make available to the
public not later than 7 calendar days before the date on which
the contract is entered into, the following information:
(A) The amount of the contract.
(B) A brief description of the scope of the
contract.
(C) A discussion of how the executive agency
identified, and solicited offers from, potential
contractors to perform the contract, together with a
list of the potential contractors that were issued
solicitations for the offers.
(D) The justification and approval documents (as
required under section 303(f)(1) of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253(f)(1)) on which was based the determination
to use procedures other than competitive procedures.
(2) Scope of requirements.--
(A) Size of contracts.--This section shall not
apply to contracts of less than $5,000,000.
(B) Applicability.--This section shall also apply
to any extension, amendment, or modification of
contracts entered into prior to the enactment of this
Act using other than full and open competitive
procedures.
(C) Small business exception.--This section shall
not apply to contracts authorized by the Small Business
Act (15 U.S.C. 631 et seq.).
(b) Relationship to Other Disclosure Laws.--Nothing in this section
shall be construed as affecting obligations to disclose United States
Government information under any other provision of law.
SEC. 5. CONTRACTS ENTERED INTO UNDER UNUSUAL AND COMPELLING URGENCY
EXCEPTION.
(a) Requirement for Performance Within 6-Month Period.--The head of
an executive agency may not rely on the exception provided under
section 303(c)(2) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253(c)(2)) to enter into a contract to procure
property or services in connection with natural disaster reconstruction
efforts using procedures other than competitive procedures unless the
contract will be performed within a 6-month period.
(b) Extended Notification and Disclosure Deadlines.--The
notification and disclosure deadlines specified in section 3(b) and
section 4(a)(1), respectively, shall be 7 calendar days after the date
a contract is entered into in the case of a contract described in
subsection (a).
SEC. 6. DEFINITIONS.
In this Act:
(1) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(2) Full and open competitive procedures.--The term ``full
and open competition'' has the meaning given the term in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
(3) Natural disaster reconstruction efforts.--The term
``natural disaster reconstruction efforts'' means
reconstruction efforts undertaken in an area subject to a
declaration by the President of a major disaster under section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170). | Natural Disaster Fairness in Contracting Act of 2008 - Requires agencies, in entering into a contract to procure property or services in connection with natural disaster reconstruction efforts, to use specified competitive procedures.
Allows agencies to enter into a contract to procure property or services in connection with such reconstruction efforts using other than full and open competition only upon the written approval of the President or the President's designee. Requires congressional notification when procedures other than full and open competitive procedures are to be used.
Instructs agencies that enter into a contract for the procurement of property or services in connection with such reconstruction efforts through the use of other than full and open competitive procedures to publish in the Federal Register or Federal Business Opportunities and otherwise make available to the public specified information concerning the contract.
Permits the use of noncompetitive procedures by agencies when: (1) a contract will be performed within a six-month period; and (2) the need for the property or services is of such an unusual and compelling urgency that the government would otherwise be seriously injured. | {"src": "billsum_train", "title": "A bill to provide for full and open competition for Federal contracts related to natural disaster reconstruction efforts."} | 1,360 | 223 | 0.666156 | 2.000586 | 0.92332 | 5.074257 | 5.866337 | 0.905941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Ownership Must Expand for
Teachers and Public Safety Officers Act''.
SEC. 2. DISCOUNT AND DOWNPAYMENT ASSISTANCE FOR PURCHASE OF HOMES IN
REVITALIZATION AREAS BY TEACHERS AND PUBLIC SAFETY
OFFICERS.
(a) In General.--Section 204(h) of the National Housing Act (12
U.S.C. 1710(h)) is amended--
(1) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) 50 percent discount for teachers and public safety
officers purchasing properties that are eligible assets.--
``(A) Discount.--A property that is an eligible
asset, is sold during fiscal years 2001 through 2005
for use in accordance with subparagraph (B), and is
sold to a teacher or public safety officer who complies
with the requirement under subparagraph (C), shall be
sold at a price that is equal to 50 percent of the
appraised value of the eligible property (as determined
in accordance with paragraph (6)(B)). In the case of a
property eligible for both a discount under this
paragraph and a discount under paragraph (6), the
discount under paragraph (6) shall not apply.
``(B) Sole residence.--An eligible property sold
pursuant to a discount under this paragraph shall be
used, for not less than the 3-year period beginning
upon such sale, as the sole residence of the purchasing
teacher or public safety officer.
``(C) Requirement regarding employment at time of
purchase.--A teacher or public safety officer complies
with the requirement under this subparagraph if, at the
time of the purchase of an eligible property under this
paragraph--
``(i) in the case of property sold to a
teacher, the teacher is employed (I) in a
school of a local educational agency whose
jurisdiction includes the property, or (II) in
a private school located within the
jurisdiction of a local educational agency
whose jurisdiction includes the property; or
``(ii) in the case of a public safety
officer, the officer is employed by a public
agency whose jurisdiction includes the
property.
``(D) Sale methods.--The Secretary may sell an
eligible property pursuant to a discount under this
paragraph--
``(i) to a unit of general local government
or a nonprofit organization (pursuant to
paragraph (4) or otherwise), for resale or
transfer to a teacher or public safety officer;
or
``(ii) directly to a purchaser who is a
teacher or public safety officer.
``(E) Resale.--In the case of any purchase by a
unit of general local government or nonprofit
organization of an eligible property sold at a
discounted price under this paragraph, the sale
agreement under paragraph (8) shall--
``(i) require the purchasing unit of
general local government or nonprofit
organization to provide the full benefit of the
discount to the teacher or public safety
officer obtaining the property; and
``(ii) in the case of a purchase involving
multiple eligible assets, any of which is such
an eligible property, designate the specific
eligible property or properties that meet the
requirements of subparagraph (C) and that are
to be subject to the requirements of subparagraphs (B).
``(F) Mortgage downpayment assistance.--If a
teacher or public safety officer purchases an eligible
property pursuant to a discounted sale price under this
paragraph and finances such purchase through a mortgage
insured under this title, notwithstanding any provision
of section 203, the downpayment on such mortgage shall
be $100.
``(G) Monitoring and prevention of undue profit.--
The Secretary shall issue regulations to prevent undue
profit from the resale of properties in violation of
the requirement under subparagraph (B) and to provide
for coordination with local educational agencies, and
with States and units of general local government (and
public agencies thereof), to monitor compliance with
the requirement under subparagraph (B) and ensure
compliance with the requirement under subparagraph (C).
``(H) Awareness program.--From funds made available
for salaries and expenses for the Office of Policy
Support of the Department of Housing and Urban
Development, each field office of the Department shall
make available to elementary schools and secondary
schools within the jurisdiction of the field office, to
State and local agencies within the jurisdiction of the
field office that employ public safety officers, and to
the public--
``(i) a list of properties located within
the jurisdiction of the field office that are
available for purchase at a discount under this
paragraph and under subsection (k); and
``(ii) other information designed to make
teachers, public safety officers, and the
public aware of the discount and downpayment
assistance available under this paragraph and
subsection (k).
``(I) Definitions.--For the purposes of this
paragraph, the following definitions shall apply:
``(i) The terms `elementary school' and
`secondary school' have the meanings given such
terms in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
8801), except that, for purposes of this
paragraph, elementary education (as used in
such section) shall include pre-kindergarten
education.
``(ii) The term `eligible property' means
an eligible asset described in paragraph (2)(A)
of this subsection.
``(iii) The term `local educational agency'
has the meaning given such term in section
14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801).
``(iv) The term `public safety officer' has
the meaning given such term in section 1204 of
the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796b), except that such
term shall not include any officer serving a
public agency of the Federal Government.
``(v) The term `teacher' means an
individual who is employed on a full-time
basis, in an elementary or secondary school, as
a State-certified or State-licensed classroom
teacher or as an administrator.''.
(b) Conforming Amendments.--Section 204(h) of the National Housing
Act (12 U.S.C. 1710(h)) is amended--
(1) in paragraph (4)(B)(ii), by striking ``paragraph (7)''
and inserting ``paragraph (8)'';
(2) in paragraph (5)(B)(i), by striking ``paragraph (7)''
and inserting ``paragraph (8)''; and
(3) in paragraph (6)(A), by striking ``paragraph (8)'' and
inserting ``paragraph (9)''.
SEC. 3. AVAILABILITY OF HOMES IN OTHER AREAS FOR PURCHASE AT DISCOUNT
BY TEACHERS AND PUBLIC SAFETY OFFICERS.
Section 204 of the National Housing Act (12 U.S.C. 1710) is amended
by inserting after subsection (j) the following new subsection:
``(k) Disposition of Single Family Homes to Teachers and Public
Safety Officers.--
``(1) In general.--Notwithstanding the authority under the
last sentence of subsection (g), the Secretary shall dispose of
covered HUD-owned single family properties pursuant to the
requirements of this subsection.
``(2) Designation of properties.--The Secretary shall
designate covered HUD-owned single family properties as
available for disposition under this subsection. The Secretary
shall make such designations such that--
``(A) among properties so designated, there is a
widespread and reasonable geographic distribution on a
nationwide basis;
``(B) at all times, not less than 25 percent of the
covered single family properties that are, at the time,
HUD-owned are so designated; and
``(C) priority is given to designating covered HUD-
owned single family properties that are located in
distressed areas, as determined by the Secretary, that
are adjacent to or near areas designated as
revitalization areas for purposes of subsection (h).
``(3) Discount.--A covered HUD-owned single family property
that is designated under paragraph (2) for disposition under
this subsection and is sold, during fiscal years 2001 through
2005, to a teacher or public safety officer who agrees to
comply with the requirements under paragraphs (4) and (5),
shall be sold at a price that is equal to 50 percent of the
appraised value of the eligible property (as determined in an
appraisal conducted in the manner required for appraisals of
eligible assets under subsection (h)(6)(B)).
``(4) Sole residence requirement.--A covered HUD-owned
single family property sold pursuant to a discount under this
subsection shall be used, for not less than the 3-year period
beginning upon such sale, as the sole residence of the
purchasing teacher or public safety officer.
``(5) 3-year employment requirement.--A teacher or public
safety officer complies with the requirement under this
paragraph if, during the 3-year period referred to in paragraph
(4)--
``(A) in the case of property sold to a teacher,
the teacher is employed--
``(i) in a school of a local educational
agency whose jurisdiction includes the
property; or
``(ii) in a private school located within
the jurisdiction of a local educational agency
whose jurisdiction includes the property; or
``(B) in the case of a public safety officer, the
officer is employed by a public agency whose
jurisdiction includes the property.
This paragraph may not be construed to require any teacher or
public safety officer to comply with the requirements of this
paragraph, to maintain for such 3-year period the same
employment position or status, or the same employer that the
teacher or officer had at the time of the purchase of the
property pursuant to a discount under this subsection.
``(6) Mortgage downpayment assistance.--If a teacher
purchases a property pursuant to a discounted sale price under
this subsection and finances such purchase through a mortgage
insured under this title, notwithstanding any provision of
section 203 the downpayment on such mortgage shall be $100.
``(7) Monitoring and prevention of undue profit.--The
Secretary shall issue regulations to prevent undue profit from
the resale of properties in violation of the requirements under
paragraphs (4) and (5) and to provide for coordination with
local educational agencies, and with States and units of
general local government (and public agencies thereof), to
monitor compliance with the requirements under such paragraphs.
``(8) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Covered.--The term `covered' means, with
respect to a property, that the property is not located
in an area designated as a revitalization area for
purposes of subsection (h).
``(B) HUD-owned.--The term `HUD-owned' means, with
respect to a property, that the property--
``(i) was previously subject to a mortgage
insured under the provisions of this Act; and
``(ii) is owned by the Secretary pursuant
to the payment of insurance benefits under this
Act.
``(C) Public safety officer.--The term `public
safety officer' has the meaning given such term in
section (h)(7)(I).
``(D) Single family property.--The term `single
family property' means a property that is designed as a
dwelling for occupancy by 1 to 4 families.
``(E) Teacher.--The term `teacher' has the meaning
given such term in subsection (h)(7)(I).''.
SEC. 4. FUNDING FOR STAFF.
There are authorized to be appropriated such sums as may be
necessary for any increased expenses of the Department of Housing and
Urban Development, including any additional salaries and other
administrative and nonadministrative expenses, resulting from
implementation of the programs under subsection 204(k) of the National
Housing Act, as added by section 3 of this Act.
SEC. 5. TERMINATION OF EXISTING HUD PROGRAMS.
This Act and the amendments made by this Act are enacted to replace
the programs of the Department of Housing and Urban Development known
as the Teacher Next Door Initiative and Officer Next Door Initiative,
carried out pursuant to Notice H 99-30 (November 17, 1999) of the
Department and the notices and interim rules incorporated in such
notice. Upon the enactment of this Act, the Secretary shall cease
carrying out such programs or shall make such changes in such programs
as may be necessary so that this Act and the amendments made by this
Act are carried out through such programs.
SEC. 6. REGULATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Housing and Urban Development shall issue regulations
to implement the amendments made by this Act. | Home Ownership Must Expand for Teachers and Public Safety Officers Act - Amends the National Housing Act to provide purchase discount and downpayment assistance for qualifying elementary and secondary school teachers and public safety officers to buy Department of Housing and Urban Development (HUD)-owned single family homes.Directs HUD field offices to conduct program awareness activities.Directs the Secretary, upon enactment of this Act, to replace the Teacher Next Door and the Officer Next Door Initiatives with the provisions of this Act. | {"src": "billsum_train", "title": "To make single family properties owned by the Department of Housing and Urban Development available at a discount to elementary and secondary school teachers and public safety officers, and for other purposes."} | 2,881 | 106 | 0.477677 | 1.243626 | 0.179585 | 3.238636 | 30.397727 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fostering Our Future Act of 2006''.
SEC. 2. IMPROVEMENTS TO COURTS.
(a) In General.--Section 13712(b) of the Omnibus Budget
Reconciliation Act of 1993 (42 U.S.C. 629b) is amended to read as
follows:
``(b) Eligibility.--In order to be eligible for a grant under this
section:
``(1) Application.--A highest State court shall submit to
the Secretary an application at such time, in such form, and
including such information and assurances as the Secretary
shall require.
``(2) Measures of court performance.--There shall be in
effect in the State such laws and procedures as are necessary
to ensure that the courts of the State measure the following
with respect to children under the jurisdiction of the courts:
``(A) The percentage of children who do not have a
subsequent petition of maltreatment filed in court
after the initial such petition is filed.
``(B) The percentage of children who are the
subject of additional allegations of maltreatment
within 12 months after the original petition was
closed.
``(C) The percentages of children who reach legal
permanency within 6 months after removal, within 12
months thereafter, within 18 months thereafter, and
within 24 months thereafter.
``(D) The percentage of children who do not reach
permanency in the foster care system.
``(E) The percentages of children who re-enter
foster care pursuant to court order within 12 months
after being returned to their families, and within 24
months thereafter.
``(F) The percentages of children who return to
foster care pursuant to court order within 12 months
after being adopted or placed with an individual or
couple who are permanent guardians, and within 24
months thereafter.
``(G) The percentages of children who are
transferred among 1, 2, 3, or more placements while
under court jurisdiction, distinguishing, where
possible, between placements in and out of a child's
own home from multiple placements in a variety of
environments.
``(H) The percentage of cases in which both parents
receive written service of process within the required
time standards or where notice of hearing has been
waived by parties.
``(I) The percentage of cases in which there is
documentation that timely and proper notice is given to
parties in advance of the next hearing.
``(J) The percentage of cases in which children who
have attained 10 years of age receive notice of the
legal proceedings in their dependency case; the
percentage of cases in which children who have attained
10 years of age are present in court and afforded an
opportunity to be heard in their own cases; and the
percentage of cases in which children have legal
representation.
``(K) The percentage of cases in which the court
reviews case plans within established time guidelines.
``(L) The percentage of children receiving legal
counsel, guardians ad litem, or court-appointed special
advocates before the preliminary protective hearing or
equivalent, with separate measures of the percentages
of each type of representation and of whether the
representation was received within established time
guidelines, within 5 days after the adoption petition
is filed, within 6 through 10 days after the filing,
and within more than 10 days after the filing.
``(M) The percentage of cases in which counsel for
parents are appointed before the preliminary protective
hearing or equivalent, with separate measures of the
percentages in which such appointments are made within
established time guidelines, within 5 days after the
adoption petition is filed, within 6 through 10 days
after the filing, and within more than 10 days after
the filing.
``(N) The percentage of cases in which legal
counsel for children is appointed on or before the
first court appearance, and the percentage of cases in
which legal counsel for children changes, and the
number of changes involved.
``(O) The percentage of cases in which legal
counsel for parents changes, and the number of changes
involved.
``(P) The percentage of cases in which legal
counsel for parents, children, and agencies are present
at each hearing.
``(Q) The percentages of children for whom all
hearings are heard by 1 or more judicial officers, and
the number of judicial officers hearing the case.
``(R) The average and median times from filing the
original petition to adjudication.
``(S) The average and median times from filing the
original petition to disposition.
``(T) The percentages of cases that are adjudicated
within 30 days after the filing of the dependency
petition, within 60 days thereafter, and within 90 days
thereafter.
``(U) The percentages of cases that receive a
disposition within 10 days after the dependency
adjudication, within 30 days thereafter, and within 90
days thereafter.
``(V) The percentage of cases where children are
successfully served in the home and not detained; the
average and median times to reunification; and the
percentage of cases where children are not successfully
reunified.
``(W) The average and median times from the filing
of the original petition to permanent placement.
``(X) The average and median times from the filing
of the original petition to finalized termination of
parental rights.
``(Y) The percentages of cases for which the
termination petition is filed within 3 months after the
dependency disposition, within 6 months thereafter,
within 12 months thereafter, and within 18 months
thereafter.
``(Z) The percentage of cases that receive a
termination order within 30 days after the filing of
the termination petition, within 90 days thereafter,
within 120 days thereafter, and within 180 days
thereafter.
``(AA) The percentages of cases for which an
adoption petition is filed within 1 month after the
termination order, within 3 months thereafter, and
within 6 months thereafter.
``(BB) The percentages of cases for which the
adoption is finalized within 1 month after the adoption
petition is filed, within 3 months thereafter, within 6
months thereafter, and within 12 months thereafter.
``(CC) The percentage of hearings (by hearing type)
not completed within timeframes set forth in statute or
court rules, including, where possible, the reason for
noncompletion.''.
(b) Student Loan Repayment for Family Law, Dependency, and Domestic
Relations Attorneys.--
(1) In general.--The Higher Education Act of 1965 is
amended by inserting after section 428K (20 U.S.C. 1078-11) the
following new section:
``SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, DEPENDENCY, AND DOMESTIC
RELATIONS ATTORNEYS.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as family law,
dependency, and domestic relations attorneys.
``(b) Loan Forgiveness.--
``(1) Loan forgiveness authorized.--The Secretary is
authorized to forgive, in accordance with this section and the
agreement described in subsection (e), the student loan debt of
an eligible borrower in the amount specified in subsection (d)
and for the period specified in such agreement.
``(2) Method of loan forgiveness.--To provide the loan
forgiveness authorized in paragraph (1), the Secretary is
authorized to carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made under part B of this title; and
``(B) to cancel a qualified loan amount for a loan
made under part D of this title.
``(c) Eligible Borrower.--The Secretary is authorized to provided
loan forgiveness under this section to any individual who--
``(1) is employed full-time as a family law, dependency, or
domestic relations attorney; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Loan Forgiveness Amount.--The Secretary may, from funds
appropriated under subsection (l), forgive the loan obligation of an
eligible borrower in accordance with such terms, limitations, and
conditions as may be mutually agreed upon by such borrower and the
Secretary in the agreement described in subsection (e), except that the
amount paid by the Secretary under this section shall not exceed--
``(1) $6,000 in any calendar year for any borrower; or
``(2) $50,000 in the aggregate for any borrower.
``(e) Loan Forgiveness Agreement.--
``(1) Terms of agreement.--The Secretary shall not provide
loan forgiveness to an eligible borrower unless the borrower
enters into a written agreement with the Secretary which
provides that--
``(A) the borrower shall remain employed full-time
as a family law, dependency, or domestic relations
attorney for a period of service specified in the
agreement (but not less than 3 years), unless
involuntarily separated from that employment;
``(B) if the borrower is involuntarily separated
from the employment described in subparagraph (A) on
account of misconduct, or voluntarily separates from
that employment, before the end of the period specified
in the agreement, the borrower shall repay the
Secretary the amount of any benefits received by such
borrower under this section;
``(C) if the borrower is required to repay an
amount to the Secretary under subparagraph (B) and
fails to repay such amount, a sum equal to such amount
shall be recoverable by the Government from the
borrower (or such borrower's estate, if applicable) by
such method as is provided by law for the recovery of
amounts owing to the Government;
``(D) the Secretary may waive, in whole or in part,
a right of recovery under this subsection if it is
shown that recovery would be against equity and good
conscience or against the public interest; and
``(E) the Secretary shall provide loan forgiveness
under this section for the period of the agreement,
subject to the availability of appropriations.
``(2) Agreement renewal.--Upon completion by an eligible
borrower of the period of service required under the agreement
described in paragraph (1), the Secretary may renew such
agreement with the eligible borrower for a successive period of
service to be specified in the renewed agreement (which may be
less than 3 years).
``(f) Repayments by Borrowers.--Any amount repaid by, or recovered
from, a borrower (or a borrower's estate) under subsection (e)(1)(B)
shall be credited to the appropriation account from which the loan
forgiveness amount involved was originally paid. Any amount so credited
shall be merged with other sums in such account and shall be available
for the same purposes and period, and subject to the same limitations
(if any), as the sums with which the amount was merged.
``(g) Application for Loan Forgiveness.--An eligible borrower
desiring loan forgiveness under this section shall submit a complete
and accurate application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(h) Priority.--The Secretary shall provide loan forgiveness under
this section on a first-come, first-served basis, and subject to the
availability of appropriations.
``(i) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(j) Construction.--Nothing in this section shall be construed to
authorize the refunding of any repayment of any loan made by a borrower
prior to the date on which the Secretary entered into an agreement with
the borrower under subsection (e).
``(k) Definition.--In this section the term `family law,
dependency, or domestic relations attorney' means an attorney who works
in the field of family law, dependency, or domestic relations,
including juvenile justice, truancy, child abuse or neglect, adoption,
domestic relations, child support, paternity, and other areas which
fall under the field of family law, dependency, or domestic relations
law as determined by State law.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year 2007
and such sums as may be necessary for each of the 5 succeeding fiscal
years.''.
(2) Cancellation of loans.--
(A) Amendment.--Section 465(a)(2)(F) of the Higher
Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(F)) is
amended by inserting ``, or as a full-time family law,
dependency, or domestic relations attorney (as defined
in section 428L)'' after ``agencies''.
(B) Effective date.--The amendment made by this
paragraph shall apply to--
(i) eligible loans made before, on, or
after the date of enactment of this Act; and
(ii) service as a family law, dependency,
or domestic relations attorney that is provided
on or after the date of enactment of this Act.
(C) Construction.--Nothing in this paragraph shall
be construed to authorize the refunding of any
repayment of a loan made by a borrower prior to the
date on which the borrower became eligible for
cancellation under section 465(a) of the Higher
Education Act of 1965 (20 U.S.C. 1087ee(a)).
(c) GAO Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that compares States with respect
to each of the following:
(A) The legal representation provided for children.
(B) Children's participation in their own cases.
(C) Preparation of dependency court judges.
(D) Case tracking and performance measurement.
(E) Statewide collaborative foster care councils.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on the Judiciary of the House of Representatives
a written report that contains the results of the study
required by paragraph (1).
(d) Sense of the Congress With Respect to Court Accountability for
Improved Child Outcomes.--It is the sense of the Congress that State
judicial leadership should use the measures of court performance
described in section 13712(b)(2) of the Omnibus Budget Reconciliation
Act of 1993 (as amended by subsection (a) of this section) to ensure
accountability by every court for improved outcomes for children, and
to inform decisions about allocating resources across the court system.
(e) Sense of the Congress With Respect to the Organization of State
Dependency Courts.--It is the sense of the Congress that State courts
should be organized to enable children and parents to have legal
representation and participate in a meaningful way in their own court
proceedings.
(f) Sense of the Congress With Respect to Building the Pool of
Attorneys Qualified to Handle Cases in Dependency Courts.--It is the
sense of the Congress that law schools, bar associations, and law firms
should help build the pool of qualified attorneys available to children
and parents in dependency courts.
(g) Sense of the Congress With Respect to Training, Caseloads, and
Compensation of Attorneys for Children.--It is the sense of the
Congress that attorneys for children should have adequate training,
reasonable caseloads, and receive reasonable and adequate compensation. | Fostering Our Future Act of 2006 - Amends the Omnibus Budget Reconciliation Act of 1993 to require, for grants to the highest state courts for foster care proceedings, that the state in which the courts are located has laws and procedures in effect that will ensure that the courts measure their performance with respect to children under the court's jurisdiction.
Amends the Higher Education Act of 1965 to authorize the Secretary of Education to forgive the student loan debt of a borrower who: (1) enters a written agreement with the Secretary to remain employed full-time as a family law, dependency, or domestic relations attorney for at least three years; and (2) is not in default on a loan for which the borrower seeks forgiveness. Limits the amount that the Secretary may pay to no more than $6,000 in any year for any borrower or $50,000 in the aggregate for any borrower. Authorizes the Secretary to renew such agreements.
Directs the Comptroller General to conduct a comparative study of state dependency courts and foster care systems.
Expresses the sense of Congress with respect to: (1) court accountability for improved child outcomes; (2) the organization of state dependency courts; (3) building the pool of attorneys qualified to handle cases in dependency courts; and (4) training, caseloads, and compensation of attorneys for children. | {"src": "billsum_train", "title": "To improve foster care court capacity through loan forgiveness and performance measurement."} | 3,372 | 276 | 0.541158 | 1.678813 | 0.657022 | 3.852713 | 12.348837 | 0.922481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam Excess Lands Act''.
SEC. 2. TRANSFER.
(a) In General.--The Administrator of General Services shall,
subject to section 3, transfer all right, title, and interest of the
United States in and to the parcels of land described in subsection (b)
(together with any improvements thereon) to the Government of Guam for
public benefit use, by quitclaim deed and without reimbursement. Such
transfers shall take place after a determination by the head of the
Federal agency controlling a parcel that the parcel is excess to the
needs of such agency.
(b) Description of Parcels To Be Transferred.--Unless a parcel of
land described in this subsection has been disposed of under other
authority on or before the date of the enactment of this Act or is
transferred for further Federal utilization as a result of the
screening required by section 3(a), the parcels of land required to be
transferred under subsection (a) shall consist of the following:
Navy Parcels
South Finegayan.....................................
445 acres
Nimitz Hill Parcels and 1 and 2B....................
208 acres
NAVMAG Parcel 1.....................................
144 acres
Apra Harbor Parcel 7................................
73 acres
Apra Harbor Parcel 8................................
6 acres
Apra Harbor Parcel 6................................
47 acres
Apra Harbor Parcel 9................................
41 acres
Apra Harbor Parcel 2................................
30 acres
Apra Harbor Parcel 1................................
6 acres
Asan Annex..........................................
17 acres
NAVCAMS Beach.......................................
14 acres
ACEORP Msui Tunnel..................................
4 acres
Agat Parcel 3.......................................
5 acres
Air Force Parcels
Andersen South (portion of Andersen Admin. Annex)...
395 acres
Camp Edusa (Family Housing Annex 1).................
103 acres
Harmon Communication Annex No. 1....................
862 acres
Harmon Housing Annex No. 4..........................
396 acres
Harmon POL Storage Annex No. 2......................
35 acres
Harmon VOR Annex....................................
308 acres
Harmon POL Storage Annex No. 1......................
14 acres
Andersen Radio Beacon Annex.........................
23 acres
Federal Aviation Administration Parcel
Talofofo ``HH'' Homer Facility......................
37 acres
(c) Legal Descriptions.--The exact acreages and legal descriptions
of all parcels of land to be transferred under this Act shall be
determined by surveys which are satisfactory to the head of the
controlling Federal agency referred to in subsection (a). The cost of
such surveys, together with all direct and indirect costs related to
any conveyance under this section, shall be borne by such controlling
Federal agency.
SEC. 3. TERMS AND CONDITIONS.
(a) Further Federal Utilization Screening.--Parcels of land
determined to be excess property pursuant to section 2 shall be
screened for further Federal utilization in accordance with the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.) and such screening will be completed within 45 days after the
date on which they are determined to be excess.
(b) Appraisals.--The Administrator shall promptly appraise those
parcels that are not needed for further Federal utilization to
determine their estimated fair market value. The head of the Federal
agency which controls such parcels shall cooperate with the
Administrator in carrying out appraisals under this section. The
Administrator shall submit a copy of the appraisals to the committees
of the Congress specified in subsection (d). The cost of such
appraisals shall be paid for under section 204(b) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 485(b)).
(c) Land Use Plan.--The parcels of land to be transferred under
this Act shall be eligible for transfer after the Government of Guam
enacts legislation which establishes a detailed plan for the public
benefit use (including, but not limited to, housing, schools,
hospitals, libraries, child care centers, parks and recreation,
conservation, economic development, public health, and public safety)
of such parcels and the Governor of Guam submits such plan to the
committees of the Congress specified in subsection (d).
(d) Submissions.--The appraisals and land use plan required to be
submitted to the committees of the Congress under subsections (b) and
(c) shall be submitted to the Committee on Natural Resources, the
Committee on Armed Services, the Committee on Government Operations and
the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Energy and Natural Resources, the
Committee on Armed Services, and the Committee on Governmental Affairs
of the Senate.
(e) Review by Committees.--Parcels of land may not be transferred
under this Act until 180 days after the submission to the committees of
the Congress specified in subsection (d) of--
(1) the appraisals provided for in subsection (b), and
(2) the land use plan provided for in subsection (c).
(f) Government of Guam Lands Within the War in the Pacific National
Historical Park.--Parcels of land may not be transferred under this Act
until after the Government of Guam enters into a cooperative agreement
with the Secretary of the Interior, acting through the Director of the
National Park Service, which grants to the Secretary, at no cost, the
administrative jurisdiction over all undeveloped lands within the
boundary of the War in the Pacific National Historical Park, except
those lands at Adelup Point, which are owned by the Government of Guam.
The lands covered by such cooperative agreement shall be managed in
accordance with the general management plan of the park and in the same
manner as lands within the park that are owned by the United States.
SEC. 4. OBJECTS AFFECTING NAVIGABLE AIRSPACE.
The conveyance document for any land transferred under this Act
located within 6 nautical miles of an airport shall contain a provision
that requires a determination of no hazard to air navigation to be
obtained from the Federal Aviation Administration in accordance with
applicable regulations governing objects affecting navigable airspace
or under the authority of the Federal Aviation Act of 1958 (Public Law
85-726, as amended) in order for construction or alteration on the
property to be permitted.
SEC. 5. SEVERE CONTAMINATION.
Notwithstanding any other provision of this Act, the Administrator
of General Services, in his discretion, may choose not to transfer any
parcel under this Act on which there is severe contamination, the
remedy of which would require the United States to incur extraordinary
costs.
SEC. 6. APPLICATION OF FEDERAL AND TERRITORIAL LAWS.
All Federal and territorial environmental laws and regulations
shall apply to the parcels transferred pursuant to this Act during and
after the transfer of such parcels.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Guam Excess Lands Act - Directs the Administrator of General Services to transfer specified excess parcels of Federal land to Guam for public benefit, by quitclaim deed and without reimbursement. Makes such parcels eligible for transfer upon the enactment and submission to specified congressional committees by Guam of a land use plan.
Requires the Administrator to appraise such excess property and submit the appraisals to specified congressional committees.
Prohibits the transfer of parcels of land under this Act until after Guam enters into a cooperative agreement with the Secretary of the Interior, acting through the Director of the National Park Service, which grants administrative jurisdiction to the Secretary over all undeveloped lands within the boundary of the War in the Pacific National Historical Park to be managed in accordance with the Park's general management plan and in the same manner as federally-owned lands within such Park. Excludes lands owned by Guam at Adelup Point.
Requires the conveyance document for any land transferred within six nautical miles of an airport to require a determination by the Federal Aviation Administration of no hazard to air navigation in order for construction or alteration on the property to be permitted.
Authorizes the Administrator to disallow transfer of any parcel on which there is severe contamination, the remedy of which would require the United States to incur extraordinary costs.
States that all Federal and territorial environmental laws and regulations shall apply to parcels transferred under this Act during and after such transfer. | {"src": "billsum_train", "title": "Guam Excess Lands Act"} | 1,515 | 317 | 0.543647 | 1.560001 | 0.749572 | 4.5 | 5.014815 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Edward William Brooke III
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Edward William Brooke III was the first African
American elected by popular vote to the United States Senate
and served with distinction for 2 terms from January 3, 1967,
to January 3, 1979.
(2) In 1960, Senator Brooke began his public career when
Governor John Volpe appointed him chairman of the Boston
Finance Commission, where the young lawyer established an
outstanding record of confronting and eliminating graft and
corruption and proposed groundbreaking legislation for consumer
protection and against housing discrimination and air
pollution.
(3) At a time when few African Americans held State or
Federal office, Senator Brooke became an exceptional pioneer,
beginning in 1962, when he made national and State history by
being elected Attorney General of Massachusetts, the first
African American in the Nation to serve as a State Attorney
General, the second highest office in the State, and the only
Republican to win statewide in the election that year, at a
time when there were fewer than 1,000 African American
officials in our Nation.
(4) He won office as a Republican in a state that was
strongly Democratic.
(5) As Massachusetts Attorney General, Senator Brooke
became known for his fearless and honest execution of the laws
of his State and for his vigorous prosecution of organized
crime.
(6) The pioneering accomplishments of Edward William Brooke
III in public service were achieved although he was raised in
Washington, DC at a time when the Nation's capital was a city
where schools, public accommodations, and other institutions
were segregated, and when the District of Columbia did not have
its own self-governing institutions or elected officials.
(7) Senator Brooke graduated from Paul Laurence Dunbar High
School and went on to graduate from Howard University in 1941.
(8) Senator Brooke's enduring advocacy for self-government
and congressional voting rights for the citizens of Washington,
DC has roots in his life and personal experience as a native
Washingtonian.
(9) Senator Brooke served for 5 years in the United States
Army in the segregated 366th Infantry Regiment during World War
II in the European theater of operations, attaining the rank of
captain and receiving a Bronze Star Medal for ``heroic or
meritorious achievement or service'' and the Distinguished
Service Award.
(10) After the war, Senator Brooke attended Boston
University School of Law, where he served as editor of the
school's Law Review, graduating with an LL.B. in 1948 and an
LL.M. in 1949, and made Massachusetts his home.
(11) During his career in Congress, Senator Brooke was a
leader on some of the most critical issues of his time,
including the war in Vietnam, the struggle for civil rights,
the shameful system of apartheid in South Africa, the Cold War,
and United States' relations with the People's Republic of
China.
(12) President Lyndon B. Johnson appointed Senator Brooke
to the President's Commission on Civil Disorders in 1967, where
his work on discrimination in housing would serve as the basis
for the 1968 Civil Rights Act.
(13) Senator Brooke continued to champion open housing when
he left the Senate and became the head of the National Low-
Income Housing Coalition.
(14) Senator Brooke has been recognized with many high
honors, among them the Presidential Medal of Freedom in 2004,
an honor that recognizes ``an especially meritorious
contribution to the security or national interests of the
United States, world peace, cultural or other significant
public or private endeavors''; the Grand Cross of the Order of
Merit from the Government of Italy; a State courthouse
dedicated in his honor by the Commonwealth of Massachusetts,
making him the first African American to have a State
courthouse named in his honor; the NAACP Spingarn Medal; and
the Charles Evans Hughes award from the National Conference of
Christians and Jews.
(15) Senator Brooke's biography, Bridging The Divide: My
Life, was published in 2006, and he is the author of The
Challenge of Change: Crisis in Our Two-Party System, published
in 1966.
(16) Senator Brooke became a racial pioneer, but race was
never at the center of his political campaigns.
(17) He demonstrated to all that with commitment,
determination, and strength of character, even the barriers
once thought insurmountable can be overcome.
(18) He has devoted his life to the service of others, and
made enormous contributions to our society today.
(19) The life and accomplishments of Senator Brooke is
inspiring proof, as he says, that ``people can be elected on
the basis of their qualifications and not their race''.
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 Edward William
Brooke III in recognition of his unprecedented and enduring service to
our Nation.
(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.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund. | Edward William Brooke III Congressional Gold Medal Act - Awards a congressional gold medal to Edward William Brooke III, the first African American elected by popular vote to the U.S. Senate, in recognition of his unprecedented and enduring service to our Nation. | {"src": "billsum_train", "title": "To award a congressional gold medal to Edward William Brooke III in recognition of his unprecedented and enduring service to our Nation."} | 1,453 | 55 | 0.464943 | 1.239564 | 0.976941 | 4.377778 | 30.511111 | 0.955556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firefighting Research and
Coordination Act''.
SEC. 2. NEW FIREFIGHTING TECHNOLOGY.
(a) In General.--Section 8 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2207) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Development of New Technology.--
``(1) In general.--In addition to, or as part of, the
program conducted under subsection (a), the Administrator, in
consultation with the National Institute of Standards and
Technology, the Inter-Agency Board for Equipment
Standardization and Inter-Operability, national voluntary
consensus standards development organizations, interested
Federal, State, and local agencies, and other interested
parties, shall--
``(A) develop new, and utilize existing,
measurement techniques and testing methodologies for
evaluating new firefighting technologies, including--
``(i) personal protection equipment;
``(ii) devices for advance warning of
extreme hazard;
``(iii) equipment for enhanced vision;
``(iv) devices to locate victims,
firefighters, and other rescue personnel in
above-ground and below-ground structures;
``(v) equipment and methods to provide
information for incident command, including the
monitoring and reporting of individual
personnel welfare;
``(vi) equipment and methods for training,
especially for virtual reality training; and
``(vii) robotics and other remote-
controlled devices;
``(B) evaluate the compatibility of new equipment
and technology with existing firefighting technology;
and
``(C) support the development of new voluntary
consensus standards through national voluntary
consensus standards organizations for new firefighting
technologies based on techniques and methodologies
described in subparagraph (A).
``(2) New equipment must meet standards.--For equipment for
which applicable voluntary consensus standards have been
established, the Administrator shall, by regulation, require
that equipment or systems purchased through the assistance
program established by section 33 meet or exceed applicable
voluntary consensus standards.''.
(b) Authorization of Appropriations.--Section 17 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended by
adding at the end the following:
``(i) Development of New Technology.--There are authorized to be
appropriated to the Administrator to carry out section 8(e) $2,200,000
for fiscal year 2004.''.
SEC. 3. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY.
(a) In General.--Section 10 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2209) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Mutual Aid Systems.--
``(1) In general.--The Administrator, after consultation
with the Director of the Federal Emergency Management Agency,
shall provide technical assistance and training to State and
local fire service officials to establish nationwide and State
mutual aid systems for dealing with national emergencies that--
``(A) include threat assessment and equipment
deployment strategies;
``(B) include means of collecting asset and
resource information to provide accurate and timely
data for regional deployment; and
``(C) are consistent with the Federal Emergency
Management Agency's Federal Response Plan.
``(2) Model mutual aid plans.--The Administrator, in
consultation with the Director of the Federal Emergency
Management Agency, shall develop and make available to State
and local fire service officials model mutual aid plans for
both intrastate and interstate assistance.''.
(b) Report on Strategic Needs.--Within 90 days after the date of
enactment of this Act, the Administrator of the United States Fire
Administration shall report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Science on the need for a strategy concerning deployment of
volunteers and emergency response personnel (as defined in section 6 of
the Firefighters' Safety Study Act (15 U.S.C. 2223e)), including a
national credentialing system, in the event of a national emergency.
(c) Update of Federal Response Plan.--Within 180 days after the
date of enactment of this Act, the Director of the Federal Emergency
Management Agency shall--
(1) revise that Agency's Federal Response Plan to
incorporate plans for responding to terrorist attacks,
particularly in urban areas, including fire detection and
suppression and related emergency services; and
(2) transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Science describing the action taken to comply with
paragraph (1).
SEC. 4. TRAINING.
(a) In General.--Section 8(d)(1) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2206(d)(1)) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(E);
(2) by redesignating subparagraph (F) as subparagraph (N);
and
(3) by inserting after subparagraph (E) the following:
``(F) strategies for building collapse rescue;
``(G) the use of technology in response to fires,
including terrorist incidents and other national
emergencies;
``(H) response, tactics, and strategies for dealing
with terrorist-caused national catastrophes;
``(I) use of and familiarity with the Federal
Emergency Management Agency's Federal Response Plan;
``(J) leadership and strategic skills, including
integrated management systems operations and integrated
response;
``(K) applying new technology and developing
strategies and tactics for fighting forest fires;
``(L) integrating terrorism response agencies into
the national terrorism incident response system;
``(M) response tactics and strategies for fighting
fires at United States ports, including fires on the
water and aboard vessels; and''.
(b) Consultation on Fire Academy Classes.--The Superintendent of
the National Fire Academy may consult with other Federal, State, and
local agency officials in developing curricula for classes offered by
the Academy.
(c) Coordination with Other Programs To Avoid Duplication.--The
Administrator of the United States Fire Administration shall coordinate
training provided under section 8(d)(1) of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2206(d)(1)) with the Attorney
General, the Secretary of Health and Human Services, and the heads of
other Federal agencies--
(1) to ensure that such training does not duplicate
existing courses available to fire service personnel; and
(2) to establish a mechanism for eliminating duplicative
training programs. | Firefighting Research and Coordination Act - Amends the Federal Fire Prevention and Control Act of 1974 to direct the Administrator of the United States Fire Administration (Director of the Federal Emergency Management Agency (FEMA)) to: (1) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating new firefighting technologies; (2) evaluate the compatibility of new equipment and technology with existing technology; and (3) support the development of new standards through national voluntary consensus standards organizations for new firefighting technologies based on specified techniques and methodologies.Directs the Administrator to: (1) provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies; and (2) develop and make model mutual aid plans for both intrastate and interstate assistance available to State and local fire service officials.Requires the Director of FEMA to revise FEMA's Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas.Authorizes the Superintendent of the National Academy for Fire Prevention and Control to train fire service personnel in: (1) strategies for building collapse rescue; (2) the use of technology in response to fires; (3) response, tactics, and strategies for dealing with terrorist-caused national catastrophes; (4) use of and familiarity with the national plan; (5) leadership and strategic skills, including integrated management systems operations and integrated response; (6) strategies and tactics for fighting forest fires; (7) integration of terrorism response agencies into the national terrorism incident response system; and (8) response tactics and strategies for fighting fires at U.S. ports, including fires on the water and aboard vessels. | {"src": "billsum_train", "title": "A bill to provide for the establishment of a scientific basis for new firefighting technology standards, improve coordination among Federal, State, and local fire officials in training for and responding to terrorist attacks and other national emergencies, and for other purposes."} | 1,472 | 348 | 0.590936 | 1.683343 | 0.820987 | 4.726994 | 4.257669 | 0.953988 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dry-Redwater Regional Water
Authority System Act of 2008''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) there are insufficient available supplies of safe water
to meet the minimum health and safety standards of the citizens
of--
(A) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(B) McKenzie County, North Dakota;
(2) McCone and Garfield Counties of the State were--
(A) directly and physically impacted when the Fort
Peck Dam was constructed; and
(B) to receive certain impact benefits as a result
of the Pick-Sloan program; and
(3) the water that is contained in the Fort Peck Dam
reservoir is managed for purposes relating to--
(A) flood control;
(B) the production of hydroelectric power;
(C) irrigation;
(D) the maintenance of a public water supply;
(E) the conservation of fish and wildlife;
(F) recreation; and
(G) the improvement of water quality.
(b) Purpose.--The purpose of this Act is to ensure a safe and
adequate municipal, rural, and industrial water supply for the citizens
of--
(1) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(2) McKenzie County, North Dakota.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Western Area Power Administration.
(2) Authority.--The term ``Authority'' means--
(A) the Dry-Redwater Regional Water Authority,
which is a publicly owned nonprofit water authority
formed in accordance with Mont. Code Ann. Sec. 75-6-
302 (2007); and
(B) any nonprofit successor entity.
(3) Firm power rate.--The term ``firm power rate'' means
the rate charged by the Administrator for the Pick-Sloan
Missouri Basin Program--Eastern Division.
(4) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River Basin Program (authorized
by section 9 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 891, chapter
665)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Montana.
(7) Water system.--The term ``Water System'' means the Dry-
Redwater Regional Water Authority System authorized under
section 4 for--
(A) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(B) McKenzie County, North Dakota.
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.
(a) Cooperative Agreement.--
(1) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide Federal
assistance for the planning, design, and construction of the
Water System.
(2) Requirements.--A cooperative agreement entered into
under paragraph (1) shall specify, in a manner that is
acceptable to the Secretary and the Authority--
(A) the responsibilities of each party to the
cooperative agreement relating to the Water System,
including--
(i) the final engineering report;
(ii) an environmental and cultural resource
study;
(iii) engineering and design;
(iv) construction;
(v) water conservation measures; and
(vi) administration of contracts relating
to the performance of the activities described
in clauses (i) through (v);
(B) any procedure or requirement relating to--
(i) the carrying out of each activity
described in subparagraph (A); and
(ii) the approval and acceptance of the
design and construction of the Water System;
and
(C) the rights, responsibilities, and liabilities
of each party to the cooperative agreement.
(b) Use of Federal Funds.--
(1) Federal share.--
(A) In general.--The Federal share of the costs
relating to the planning, design, and construction of
the Water System shall not exceed 75 percent of the
total cost of the Water System.
(B) Limitation.--Amounts made available under
subparagraph (A) shall not be returnable or
reimbursable under the reclamation laws.
(2) Compliance with cooperative agreement.--Federal funds
made available to carry out this section shall be obligated and
expended in accordance with a cooperative agreement entered
into by the Secretary under subsection (a)(1).
(c) Components.--Components of the Water System facilities for
which Federal funds may be obligated and expended under this section
shall include--
(1) facilities relating to--
(A) water intake;
(B) water pumping;
(C) water treatment; and
(D) water storage;
(2) transmission pipelines and pumping stations;
(3) appurtenant buildings, maintenance equipment, and
access roads;
(4) any interconnection facility that connects a pipeline
of the Water System to a pipeline of a public water system;
(5) distribution, pumping, and storage facilities that--
(A) serve the needs of citizens who use public
water systems;
(B) are in existence on the date of enactment of
this Act; and
(C) may be purchased, improved, and repaired in
accordance with a cooperative agreement entered into by
the Secretary under subsection (a)(1);
(6) electrical power transmission and distribution
facilities required for the operation and maintenance of the
Water System;
(7) any other facility or service required for the
development of a rural water distribution system, as determined
by the Secretary; and
(8) any property or property right required for the
construction or operation of a facility described in this
subsection.
(d) Service Area.--The service area of the Water System shall be--
(1) the area of Garfield and McCone Counties in the State;
(2) the area west of the Yellowstone River in Dawson and
Richland Counties in the State;
(3) the area including, and north of, Township 15N in
Prairie County in the State; and
(4) the portion of McKenzie County, North Dakota, that
includes all land that is located west of the Yellowstone River
in the State of North Dakota.
(e) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for construction of the Water System
until the date--
(1) on which the Water System complies with each
requirement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(2) that is 90 days after the date of receipt by Congress
of the final engineering report described in subsection
(a)(2)(A)(i) that is approved by the Secretary; and
(3) on which the Secretary publishes a written finding that
the water conservation plan developed pursuant to section 6
contains water conservation measures for the operation of the
Water System that are--
(A) prudent;
(B) reasonable; and
(C) economically and financially feasible.
(f) Limitation on Use of Federal Funds.--
(1) In general.--Any cost relating to the operation,
maintenance, or replacement of the Water System--
(A) shall not be a Federal responsibility; and
(B) shall be paid by the Water System.
(2) Federal funds.--The Secretary shall not obligate or
expend Federal funds for the operation, maintenance, or
replacement of the Water System.
(g) Title to the Water System.--Title to the Water System shall be
held by the Authority.
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM.
(a) Findings.--Congress finds that McCone and Garfield Counties in
the State were designated--
(1) as impact counties during the period in which the Fort
Peck Dam was constructed; and
(2) to receive impact mitigation benefits in accordance
with the Pick-Sloan program.
(b) Availability of Power.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make available to the Water System a
quantity of power required to meet the pumping and incidental
operation requirements of the Water System--
(A) from the water intake facilities; and
(B) through--
(i) the water treatment facilities; and
(ii) all first water distribution pumping
facilities.
(2) Eligibility.--The Water System shall be eligible to
receive power under paragraph (1) if the Water System--
(A) operates on a not-for-profit basis; and
(B) is constructed pursuant to a cooperative
agreement entered into by the Secretary under section
4(a)(1).
(3) Rate.--The Administrator shall establish the cost of
the power described in paragraph (1) at the firm power rate.
(4) Recovery of expenses.--The Administrator shall recover
the costs associated with the quantity of power used by the
Authority under paragraph (1).
(5) Responsibility for expenses.--The Authority shall be
responsible for the payment of the costs described in paragraph
(4).
SEC. 6. WATER CONSERVATION PLAN.
(a) In General.--The Authority shall develop a water conservation
plan containing--
(1) a description of water conservation objectives;
(2) a description of appropriate water conservation
measures; and
(3) a time schedule for carrying out the measures described
in paragraph (2) and this Act to meet the water conservation
objectives described in paragraph (1).
(b) Design Requirement.--The water conservation plan developed
under subsection (a) shall be designed to ensure that users of water
provided by the Water System will use the best practical technology and
management techniques to conserve water.
(c) Public Participation.--Section 210(c) of the Reclamation Reform
Act of 1982 (43 U.S.C. 390jj(c)) shall apply to each activity carried
out under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Water System.--There is authorized to be appropriated to carry
out the planning, design, and construction of the Water System
$115,116,000 for the period of fiscal years 2009 through 2019.
(b) Cost Indexing.--The amount authorized to be appropriated under
subsection (a) may be increased or decreased in accordance with
ordinary fluctuations in development costs incurred after January 1,
2008, as indicated by any available engineering cost indices applicable
to construction activities that are similar to the construction of the
Water System. | Dry-Redwater Regional Water Authority System Act of 2008 - Directs the Secretary of the Interior to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the Dry-Redwater Regional Water Authority System for specified counties in Montana and North Dakota.
Lists agreement requirements. Limits the federal share of planning, design, and construction of the System to 75% of the total cost. Delineates the components of System facilities for which federal funds may be expended and the System's service area. Limits the obligation of funds for construction. Provides that any cost relating to the System's operation, maintenance, or replacement shall not be a federal responsibility and shall be paid by the System.
Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required to meet the System's pumping and incidental operation requirements from the water intake facilities and through the water treatment facilities and all first water distribution pumping facilities. Makes the System eligible to receive power only if it operates on a nonprofit basis and is constructed pursuant to the agreement.
Directs the Authority to develop a water conservation plan containing a description of water conservation objectives and measures and a schedule for carrying out such measures. Requires the plan to be designed to ensure that users of water provided by the System will use the best practical technology and management techniques to conserve water. | {"src": "billsum_train", "title": "A bill to authorize the construction of the Dry-Redwater Regional Water Authority System in the State of Montana and a portion of McKenzie Country, North Dakota, and for other purposes."} | 2,359 | 301 | 0.434018 | 1.354321 | 0.656488 | 3.88015 | 8.11236 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare-to-Work Incentives Act of
1994''.
SEC. 2. APPLICATION FOR WAIVERS NECESSARY TO DISREGARD PRIVATE SECTOR
INCOME.
Any entity that administers a welfare program in a State or a
political subdivision of a State may submit to the Secretary an
application that contains the following:
(1) Request for waiver.--A request that compliance by the
applicant with any Federal statutory or regulatory requirement
be waived to the extent necessary to enable the applicant in
determining eligibility for, or amount of, benefits under the
program to disregard private sector income in accordance with
rules set forth in the application.
(2) Geographic area.--The geographic area in which the
waiver is requested to apply.
(3) Recipients.--The particular groups of individuals, by
age, service needs, economic circumstances, or other defining
factors, with respect to whom the waiver is requested to apply.
(4) Objectives and performance criteria.--Specific
objectives and criteria for measuring levels of performance
under the program during the period for which the waiver is
requested to apply, a description of how such objectives and
levels of performance are expected to be achieved, a
description of how such criteria are to be used to measure
performance, and a system for the comprehensive evaluation of
the impact of the waiver on participants, on the community, and
on costs.
(5) Covered program.--The welfare program to which the
waiver is requested to apply, and the criteria for determining
eligibility for benefits under the program.
(6) Fiscal control and accountability.--Fiscal control and
related accountability procedures that are to apply under the
program during the period for which the waiver is requested to
apply.
(7) Waiver period.--The period during which the waiver is
requested to be in effect.
(8) Other information.--Any other information the Secretary
may require to approve the application.
SEC. 3. REVIEW AND APPROVAL OF APPLICATIONS; WAIVERS.
(a) Review.--Upon receipt of an application submitted in accordance
with section 2, the Secretary shall--
(1) approve or disapprove the application within 90 days
after such receipt;
(2) notify the applicant in writing of such approval or
disapproval; and
(3) if the application is disapproved, include in the
notice of disapproval a written justification of the reasons
therefor.
(b) Conditional Approval.--The Secretary may condition approval of
such an application on the acceptance by the applicant of specific
modifications to the application.
(c) Approval.--
(1) Requirements.--The Secretary shall approve such an
application, subject to paragraph (2), if the Secretary
determines that--
(A) granting the waiver requested in the
application will improve the effectiveness of the
covered program;
(B) the applicant has adequately considered, and
the application appropriately addresses, the effects
that the administration of the covered program will
have on the administration of any other welfare
program; and
(C) the applicant has or is developing data bases,
planning, and evaluation processes that are adequate
for operating the covered program under the waiver and
evaluating the effects of the waiver.
(2) Limitation.--The Secretary may not approve such an
application with respect to a covered program if the Secretary
determines that, over time, the operation of the covered
program under the waiver requested in the application will
result in a net cost to the Federal Government. In making the
determination, the Secretary shall take into account the
estimated benefits of the covered program, including any
resulting reduction in the costs of other welfare programs and
any resulting increase in Federal revenues.
(3) Implementation period.--In approving such an
application, the Secretary shall specify the period during
which the waiver is to apply to the covered program.
(d) Waivers.--If the Secretary approves an application for the
waiver under subsection (c), the Secretary shall, subject to this
subsection, waive compliance by the applicant with any requirement of
Federal law or regulation that would prevent the applicant from
disregarding private sector income in determining eligibility for, or
amount of, benefits under the covered program.
SEC. 4. EVALUATIONS.
(a) In General.--Any entity whose application is approved under
this Act shall, in accordance with regulations issued by the
Secretary--
(1) submit such reports on, and cooperate in such audits
of, the implementation of the assistance plan contained in the
application; and
(2) periodically evaluate the effects that implementation
of the plan has had on--
(A) individuals who receive benefits under the
covered program included in the plan;
(B) communities where such individuals live; and
(C) costs of administering the covered program
included in the plan.
(b) Annual Reports.--Not later than 90 days after the end of the 1-
year period beginning on the date an application is approved under this
Act, and annually thereafter, the applicant shall submit to the
Secretary a report on the principal activities and achievements under
the covered program operated in accordance with the approved
application during the period covered by the report, and the report
shall compare those achievements to the objectives and performance
criteria included in the application pursuant to section 2(4).
(c) Final Report.--Not later than 45 days after the end of the
period for which the Secretary has initially authorized an applicant to
operate a covered program in accordance with an approved application
under this Act, or at any time that the applicant determines that the
plan has demonstrated its worth and proven to be a superior way to
provide benefits under the covered program, the entity shall submit to
the Secretary a final report on such implementation, including a full
evaluation of the successes and shortcomings of the covered program as
so operated and the effects of such implementation on individuals who
receive benefits under the covered program.
(d) Extension of Plans.--The Secretary may extend, for such period
as may be appropriate, the period for which an applicant may operate a
covered program in accordance with an approved application under this
Act, based on the report of the applicant under subsection (c).
(e) Suspension and Termination.--
(1) In general.--The Secretary may suspend or terminate the
effectivenesss of any waiver granted under this Act with
respect to a covered program if the Secretary determines that--
(A) the applicant has failed to carry out the
covered program in accordance with any applicable
provision of law or regulation; or
(B) the objectives and performance criteria
included in the application pursuant to section 2(4)
have not been met.
(2) Timing.--In suspending or terminating waiver under
paragraph (1), the Secretary shall allow a reasonable period of
time for appropriate Federal, State, and local agencies to
resume administration of the covered program in accordance with
otherwise applicable law.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Covered program.--The term ``covered program'' means,
with respect to an application for a waiver, the welfare
program to which the application requests the waiver to apply.
(2) Secretary.--The term ``Secretary'' means, with respect
to a covered program, the Secretary of Health and Human
Services and the head of the Federal agency responsible for the
administration of the covered program.
(3) State.--
(A) In general.--The term ``State'' means the 50
States, the District of Columbia, Puerto Rico, American
Samoa, Guam, and the Virgin Islands.
(B) Indian tribes.--In the case of a welfare
program under which assistance is provided with respect
to an Indian tribe, the Indian tribal organization is
deemed to be a State.
(4) Welfare program.--The term ``welfare program'' means
any Federal or federally assisted program eligibility for which
is based, in whole or in part, on financial need.
SEC. 6. REPORTS.
(a) In General.--The Comptroller General of the United States shall
submit to the Congress 2 reports that--
(1) describe the extent to which welfare programs have been
operated in accordance with waivers granted under this Act;
(2) evaluate the effectiveness of the welfare programs as
so operated; and
(3) include recommendations with respect to whether to
continue activities under this Act.
(b) Timing.--The Comptroller General shall submit a report under
subsection (a) not later than 3 years after the date of the enactment
of this Act, and another such report not later than 6 years after such
date of enactment.
SEC. 7. SUNSET.
Any authority provided under this Act shall expire 7 years after
the date of the enactment of this Act. | Welfare-to-Work Incentives Act of 1994 - Authorizes any State or local welfare program administering entity to apply to the Secretary of Health and Human Services for a waiver of compliance with any Federal statutory or regulatory requirement to the extent necessary to enable the applicant in determining eligibility for, or amount of, benefits under the program to disregard private sector income in accordance with rules set forth in the application.
Specifies contents of a waiver application.
Requires the Secretary to approve or disapprove an application within 90 days after receipt. Specifies approval procedures.
Requires periodic evaluations by an entity with a waiver of the effects of plan implementation on benefit recipients, their communities, and the costs of administering the covered program.
Provides for suspension or termination of a waiver. | {"src": "billsum_train", "title": "Welfare-to-Work Incentives Act of 1994"} | 1,867 | 172 | 0.668052 | 1.890521 | 0.811926 | 4.304054 | 11.959459 | 0.912162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Justice in Federally
Assisted Housing Act''.
SEC. 2. STUDY OF PROXIMITY OF FEDERALLY ASSISTED HOUSING TO HAZARDOUS
WASTE SITES.
(a) In General.--The advisory commission established pursuant to
section 3 shall conduct a study of federally assisted housing to
determine--
(1) which such housing has a hazardous waste site located
within the covered area (as such term is defined in section 4)
for the housing;
(2) which such housing has located within the covered area
for the housing any hazardous waste site having any history of
failure to contain the hazardous substances on site and the
circumstances regarding such failure;
(3) the extent to which federally assisted housing that has
a hazardous waste site located within the covered area for the
housing is occupied by persons who are members of racial and
ethnic minorities and the extent to which this proportion
differs from the proportion of residents of all federally
assisted housing that are members of racial and ethnic
minorities;
(4) what types of hazardous substances and health risks are
or could be associated with the hazardous waste sites that are
located within the covered areas for federally assisted
housing; and
(5) whether there is any history of disease, illness, or
other health problems among the populations residing within the
covered areas for hazardous waste sites (including residents of
federally assisted housing) that have been determined to be
associated, or could be associated, with such sites.
(b) Reports.--The advisory commission shall submit to the Secretary
of Housing and Urban Development and the Congress the following
reports:
(1) Interim.--Not later than 1 year after the date of the
enactment of this Act, an interim report describing the method
by which the study under subsection (a) is being conducted and
setting forth the results of the study available at such time.
(2) Final.--Not later than 2 years after the date of the
enactment of this Act, a final report containing the final
results and conclusions of the study under subsection (a).
SEC. 3. ADVISORY COMMISSION.
(a) Establishment.--There is established an Advisory Commission on
the Proximity of Hazardous Waste Sites to Federally Assisted Housing
(in this section referred to as the ``advisory commission'').
(b) Duties.--The duties of the advisory commission shall be--
(1) to conduct the study and issue the reports required
under section 2;
(2) to advise the Secretary on issues relating to the
proximity of hazardous waste sites to federally assisted
housing and respond to any requests from the Secretary
regarding such issues;
(3) to make recommendations regarding the programs for
federally assisted housing to address health and safety issues
arising from the proximity of hazardous waste sites to
federally assisted housing;
(4) to survey Federal, State, and local agencies, programs,
and activities relating to health and safety risks arising from
hazardous waste sites, and to advise the Secretary on means to
obtain, compile, publish, and use credible data related to the
location, frequency, and severity of such risks; and
(5) to recommend to the Secretary research regarding the
health and safety risks associated with the proximity of
hazardous waste sites to federally assisted housing which
should be conducted to ensure decent, safe, and sanitary
federally assisted housing.
(c) Membership.--
(1) Number and appointment.--The advisory commission shall
be composed of 7 members, appointed not later than 180 days
after the date of the enactment of this Act, as follows:
(A) 1 member appointed by the President.
(B) 1 member appointed by the Speaker of the House
of Representatives.
(C) 1 member appointed by the Minority Leader of
the House of Representatives.
(D) 1 member appointed by the Majority Leader of
the Senate.
(E) 1 member appointed by the Minority Leader of
the Senate.
(F) 1 member appointed by the Secretary.
(G) 1 member appointed by the Administrator of the
Environmental Protection Agency.
(2) Qualifications.--Appointees shall have proven expertise
in the field of environmental law, public housing, or public
health.
(d) Term of Office.--
(1) In general.--Each member of the advisory commission
shall be appointed for a term of office of 3 years, except as
provided in paragraphs (2) and (3).
(2) Terms of initial appointees.--As designated at the time
of appointment, of the members first appointed--
(A) the members appointed under subparagraphs (B)
and (E) of subsection (c)(1) shall each be appointed
for a term of 1 year; and
(B) the members appointed under subparagraphs (A),
(C), and (D) of subsection (c)(1) shall each be
appointed for terms of 2 years.
(3) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office. A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(e) Chairperson.--The members of the advisory commission shall
select a chairperson from among the members.
(f) Meetings.--The Commission shall first meet within 60 days after
all members of the advisory commission are appointed, and thereafter
shall meet not less often than 3 times per year and at the call of the
chairperson. A majority of the members of the advisory commission shall
constitute a quorum but a lesser number may hold hearings.
(g) Compensation.--Members of the advisory commission who are
officers or employees of the Federal Government shall serve as members
of the advisory commission without compensation in addition to that
received in their regular public employment. Members of the advisory
commission who are not officers or employees of the Federal Government
shall be compensated at a rate not to exceed the daily equivalent of
the rate in effect for grade GS-18 of the General Schedule for each day
(including traveltime) they are engaged in the performance of their
duties as members of the advisory commission. Each member of the
advisory commission shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
(h) Staff.--The Secretary shall provide the advisory commission
with such meeting space, professional and clerical staff, such
information, the services of such consultants, and such other resources
as may be necessary to assist the advisory commission in effectively
carrying out its duties under this section.
(i) Termination.--The advisory commission shall terminate at the
end of December 31, 2008.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Advisory commission.--The term ``advisory commission''
means the advisory commission established pursuant to section
3.
(2) Covered area.--The term ``covered area'' means, with
respect to a federally assisted housing project or a hazardous
waste site, as applicable, the square-shaped area that is 2
miles on each side, is aligned on a north-south axis, and has
the federally assisted housing project or hazardous waste site,
as applicable, as its geographical center.
(3) Federally assisted housing.--The term ``federally
assisted housing'' has the meaning given such term in section
683 of the Housing and Community Development Act of 1992 (42
U.S.C. 13641).
(4) Hazardous waste site.--The term ``hazardous waste
site'' means any site or facility--
(A) listed on the National Priorities List under
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980; or
(B) for which the Environmental Protection Agency
has conducted a remedial preliminary assessment or a
remedial site inspection and has determined that the
site or facility has obtained a preliminary score
sufficient for possible listing on such National
Priorities List.
Such term includes sites and facilities that meet the criteria
under subparagraphs (A) and (B) after the date of the enactment
of this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development. | Environmental Justice in Federally Assisted Housing Act - Establishes the Advisory Commission on the Proximity of Hazardous Waste Sites to Federally Assisted Housing which shall conduct a study and report regarding: (1) the extent and proximity of federally assisted housing to hazardous waste sites; and (2) related health risks and illness histories. | {"src": "billsum_train", "title": "To provide for a study regarding the proximity of federally assisted housing to hazardous waste sites."} | 1,813 | 71 | 0.657266 | 1.629705 | 1.394686 | 3.881356 | 28.898305 | 0.966102 |
of April 6, 1937 (56 Stat.
57, chapter 69; 7 U.S.C. 148 et seq.).
(F) The Act of January 31, 1942 (56 Stat. 40,
chapter 31; 7 U.S.C. 149).
(G) The Act of August 20, 1912 (commonly known as
the ``Plant Quarantine Act'') (37 Stat. 315, chapter
308; 7 U.S.C. 151 et seq.).
(H) The Halogeton Glomeratus Control Act (7 U.S.C.
1651 et seq.).
(I) The Act of August 28, 1950 (64 Stat. 561,
chapter 815; 7 U.S.C. 2260).
(J) The Federal Noxious Weed Act of 1974 (7 U.S.C.
2801 et seq.), other than the first section and section
15 of that Act (7 U.S.C. 2801 note, 2814).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. PENALTIES FOR VIOLATION.
(a) Criminal Penalties.--
(1) In general.--A person that knowingly violates a plant
quarantine law shall be subject to criminal penalties in
accordance with this subsection.
(2) Felonies.--
(A) In general.--Subject to subparagraphs (B) and
(C), a person shall be imprisoned not more than 5
years, fined not more than $25,000, or both, in the
case of a violation of a plant quarantine law
involving--
(i) plant pests;
(ii) more than 50 pounds of plants;
(iii) more than 5 pounds of plant products;
(iv) more than 50 pounds of noxious weeds;
(v) possession with intent to distribute or
sell items described in clause (i), (ii),
(iii), or (iv), knowing the items have been
involved in a violation of a plant quarantine
law; or
(vi) forging, counterfeiting, or without
authority from the Secretary, using, altering,
defacing, or destroying a certificate, permit,
or other document provided under a plant
quarantine law.
(B) Multiple violations.--On the second and any
subsequent conviction of a person of a violation of a
plant quarantine law described in subparagraph (A), the
person shall be imprisoned not more than 10 years or
fined not more than $50,000, or both.
(C) Intent to harm agriculture of united states.--
In the case of a knowing movement in violation of a
plant quarantine law by a person of a plant, plant
product, biological control organism, plant pest,
noxious weed, article, or means of conveyance into, out
of, or within the United States, with the intent to
harm the agriculture of the United States by
introduction into the United States or dissemination of
a plant pest or noxious weed within the United States,
the person shall be imprisoned not less than 10 nor
more than 20 years, fined not more than $500,000, or
both.
(3) Misdemeanors.--
(A) In general.--Subject to subparagraph (B), a
person shall be imprisoned not more than 1 year, fined
not more than $1,000, or both, in the case of a
violation of a plant quarantine law involving--
(i) 50 pounds or less of plants;
(ii) 5 pounds or less of plant products; or
(iii) 50 pounds or less of noxious weeds.
(B) Multiple violations.--On the second and any
subsequent conviction of a person of a violation of a
plant quarantine law described in subparagraph (A), the
person shall be imprisoned not more than 3 years, fined
not more than $10,000, or both.
(b) Criminal Forfeiture.--
(1) In general.--In imposing a sentence on a person
convicted of a violation of a plant quarantine law, in addition
to any other penalty imposed under this section and
irrespective of any provision of State law, a court shall order
that the person forfeit to the United States--
(A) any of the property of the person used to
commit or to facilitate the commission of the violation
(other than a misdemeanor); and
(B) any property, real or personal, constituting,
derived from, or traceable to any proceeds that the
person obtained directly or indirectly as a result of
the violation.
(2) Procedures.--All property subject to forfeiture under
this subsection, any seizure and disposition of the property,
and any proceeding relating to the forfeiture shall be subject
to the procedures of section 413 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other
than subsections (d) and (q).
(3) Proceeds.--The proceeds from the sale of any forfeited
property, and any funds forfeited, under this subsection shall
be used--
(A) first, to reimburse the Department of Justice,
the United States Postal Service, and the Department of
the Treasury for any costs incurred by the Departments
and the Service to initiate and complete the forfeiture
proceeding;
(B) second, to reimburse the Office of Inspector
General of the Department of Agriculture for any costs
incurred by the Office in the law enforcement effort
resulting in the forfeiture;
(C) third, to reimburse any Federal or State law
enforcement agency for any costs incurred in the law
enforcement effort resulting in the forfeiture; and
(D) fourth, by the Secretary to carry out the
functions of the Secretary under a plant quarantine
law.
(c) Civil Penalties.--
(1) In general.--A person that violates a plant quarantine
law, or that forges, counterfeits, or, without authority from
the Secretary, uses, alters, defaces, or destroys a
certificate, permit, or other document provided under a plant
quarantine law may, after notice and opportunity for a hearing
on the record, be assessed a civil penalty by the Secretary
that does not exceed the greater of--
(A) $50,000 in the case of an individual (except
that the civil penalty may not exceed $1,000 in the
case of an initial violation of the plant quarantine
law by an individual moving regulated articles not for
monetary gain), or $250,000 in the case of any other
person for each violation, except the amount of
penalties assessed under this subparagraph in a single
proceeding shall not exceed $500,000; or
(B) twice the gross gain or gross loss for a
violation or forgery, counterfeiting, or unauthorized
use, defacing or destruction of a certificate, permit,
or other document provided for in the plant quarantine
law that results in the person's deriving pecuniary
gain or causing pecuniary loss to another person.
(2) Factors in determining civil penalty.--In determining
the amount of a civil penalty, the Secretary--
(A) shall take into account the nature,
circumstance, extent, and gravity of the violation; and
(B) may take into account the ability to pay, the
effect on ability to continue to do business, any
history of prior violations, the degree of culpability
of the violator, and any other factors the Secretary
considers appropriate.
(3) Settlement of civil penalties.--The Secretary may
compromise, modify, or remit, with or without conditions, a
civil penalty that may be assessed under this subsection.
(4) Finality of orders.--
(A) In general.--An order of the Secretary
assessing a civil penalty shall be treated as a final
order reviewable under chapter 158 of title 28, United
States Code.
(B) Collection action.--The validity of an order of
the Secretary may not be reviewed in an action to
collect the civil penalty.
(C) Interest.--A civil penalty not paid in full
when due under an order assessing the civil penalty
shall (after the due date) accrue interest until paid
at the rate of interest applicable to a civil judgment
of the courts of the United States.
(5) Guidelines for civil penalties.--The Secretary shall
coordinate with the Attorney General to establish guidelines to
determine under what circumstances the Secretary may issue a
civil penalty or suitable notice of warning in lieu of
prosecution by the Attorney General of a violation of a plant
quarantine law.
(d) Civil Forfeiture.--
(1) In general.--There shall be subject to forfeiture to
the United States any property, real or personal--
(A) used to commit or to facilitate the commission
of a violation (other than a misdemeanor) described in
subsection (a); or
(B) constituting, derived from, or traceable to
proceeds of a violation described in subsection (a).
(2) Procedures.--
(A) In general.--Subject to subparagraph (B), the
procedures of chapter 46 of title 18, United States
Code, relating to civil forfeitures shall apply to a
seizure or forfeiture under this subsection, to the
extent that the procedures are applicable and
consistent with this subsection.
(B) Performance of duties.--Duties imposed on the
Secretary of the Treasury under chapter 46 of title 18,
United States Code, shall be performed with respect to
seizures and forfeitures under this subsection by
officers, employees, agents, and other persons
designated by the Secretary of Agriculture.
(e) Liability for Acts of an Agent.--For the purposes of a plant
quarantine law, the act, omission, or failure of an officer, agent, or
person acting for or employed by any other person within the scope of
employment or office of the officer, agent, or person, shall be
considered to be the act, omission, or failure of the other person. | Fruit, Vegetable, and Plant Smuggling Prevention Act of 2001 - Subjects violators of certain plant quarantine-related provisions to specified criminal and civil penalties. | {"src": "billsum_train", "title": "A bill to strengthen the penalties for violations of plant quarantine laws."} | 2,196 | 39 | 0.397885 | 1.120164 | 0.692361 | 0.785714 | 70.25 | 0.571429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Infrastructure Improvement
Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Acquisition.--The term ``acquisition'' includes any
necessary activities for siting a facility, equipment,
structures, or rolling stock by purchase, lease-purchase,
trade, or donation.
(2) Commission.--The term ``Commission'' means the National
Commission on the Infrastructure of the United States
established by section 3(a).
(3) Construction.--The term ``construction'' means--
(A) the design, planning, and erection of new
infrastructure;
(B) the expansion of existing infrastructure;
(C) the reconstruction of an infrastructure project
at an existing site; and
(D) the installation of initial or replacement
infrastructure equipment.
(4) Infrastructure.--
(A) In general.--The term ``infrastructure'' means
a nonmilitary structure or facility and any equipment
and any nonstructural elements associated with such a
structure or facility.
(B) Inclusions.--The term ``infrastructure''
includes--
(i) a surface transportation facility (such
as a road, bridge, highway, public
transportation facility, and freight and
passenger rail), as the Commission, in
consultation with the National Surface
Transportation Policy and Revenue Study
Commission established by section 1909(b)(1) of
the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users
(119 Stat. 1471), determines to be appropriate;
(ii) a mass transit facility;
(iii) an airport or airway facility;
(iv) a resource recovery facility;
(v) a water supply and distribution system;
(vi) a wastewater collection, conveyance,
or treatment system and related facilities;
(vii) a stormwater treatment system to
manage, reduce, treat, or reuse municipal
stormwater;
(viii) waterways, locks, dams, and
associated facilities;
(ix) a levee and any related flood damage
reduction facility;
(x) a dock or port; and
(xi) a solid waste disposal facility.
(5) Nonstructural elements.--The term ``nonstructural
elements'' includes--
(A) any feature that preserves and restores a
natural process, a landform (including a floodplain), a
natural vegetated stream side buffer, wetland, or any
other topographical feature that can slow, filter, and
naturally store storm water runoff and flood waters;
(B) any natural design technique that percolates,
filters, stores, evaporates, and detains water close to
the source of the water; and
(C) any feature that minimizes or disconnects
impervious surfaces to slow runoff or allow
precipitation to percolate.
(6) Maintenance.--The term ``maintenance'' means any
regularly scheduled activity, such as a routine repair,
intended to ensure that infrastructure continues to operate
efficiently and as intended.
(7) Rehabilitation.--The term ``rehabilitation'' means an
action to extend the useful life or improve the effectiveness
of existing infrastructure, including--
(A) the correction of a deficiency;
(B) the modernization or replacement of equipment;
(C) the modernization of, or replacement of parts
for, rolling stock relating to infrastructure;
(D) the use of nonstructural elements; and
(E) the removal of infrastructure that is
deteriorated or no longer useful.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``National Commission on the Infrastructure of the United
States'' to ensure that the infrastructure of the United States--
(1) meets current and future demand;
(2) facilitates economic growth;
(3) is maintained in a manner that ensures public safety;
and
(4) is developed or modified in a sustainable manner.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 8
members, of whom--
(A) 2 members shall be appointed by the President;
(B) 2 members shall be appointed by the Speaker of
the House of Representatives;
(C) 1 member shall be appointed by the minority
leader of the House of Representatives;
(D) 2 members shall be appointed by the majority
leader of the Senate; and
(E) 1 member shall be appointed by the minority
leader of the Senate.
(2) Qualifications.--Each member of the Commission shall--
(A) have experience in one or more of the fields of
economics, public administration, civil engineering,
public works, and construction and related design
professions, planning, public investment financing,
environmental engineering, or water resources
engineering; and
(B) represent a cross-section of geographical
regions of the United States.
(3) Date of appointments.--The members of the Commission
shall be appointed under paragraph (1) not later than 90 days
after the date of enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy in the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled, not later than 30 days after
the date on which the vacancy occurs, in the same
manner as the original appointment was made.
(d) 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) Meetings.--The Commission shall meet at the call of the
chairperson or the request of the majority of the Commission members.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a chairperson and vice chairperson from among the members of the
Commission.
SEC. 4. DUTIES.
(a) Study.--
(1) In general.--Not later than February 15, 2009, the
Commission shall complete a study of all matters relating to
the state of the infrastructure of the United States.
(2) Matters to be studied.--In carrying out paragraph (1),
the Commission shall study matters, such as--
(A) the capacity of infrastructure to sustain
current and anticipated economic development and
competitiveness, including long-term economic growth
and the potential return to the United States economy
on investments in new infrastructure as opposed to
investments in existing infrastructure;
(B) the age and condition of infrastructure
(including congestion and changes in the condition of
that infrastructure as compared with preceding years);
(C) the methods used to finance the construction,
acquisition, rehabilitation, and maintenance of
infrastructure (including general obligation bonds,
tax-credit bonds, revenue bonds, user fees, excise
taxes, direct governmental assistance, and private
investment);
(D) any trends or innovations in methods used to
finance the construction, acquisition, rehabilitation,
and maintenance of infrastructure;
(E) investment requirements, by type of
infrastructure, that are necessary to maintain the
current condition and performance of the infrastructure
and the investment needed (adjusted for inflation and
expressed in real dollars) to improve infrastructure in
the future;
(F) based on the current level of expenditure
(calculated as a percentage of total expenditure and in
constant dollars) by Federal, State, and local
governments--
(i) the projected amount of need the
expenditures will meet 5, 15, 30, and 50 years
after the date of enactment of this Act; and
(ii) the levels of investment requirements
identified under subparagraph (E);
(G) any trends or innovations in infrastructure
procurement methods;
(H) any trends or innovations in construction
methods or materials for infrastructure;
(I) the impact of local development patterns on
demand for Federal funding of infrastructure;
(J) the impact of deferred maintenance; and
(K) the collateral impact of deteriorated
infrastructure.
(b) Recommendations.--The Commission shall develop
recommendations--
(1) on a Federal infrastructure plan that will detail
national infrastructure program priorities, including
alternative methods of meeting national infrastructure
investment needs to effectuate balanced economic development;
(2) on infrastructure improvements and methods of
delivering and providing for infrastructure facilities;
(3) for analysis or criteria and procedures that may be
used by Federal agencies and State and local governments in--
(A) inventorying existing and needed infrastructure
improvements;
(B) assessing the condition of infrastructure
improvements;
(C) developing uniform criteria and procedures for
use in conducting the inventories and assessments; and
(D) maintaining publicly accessible data; and
(4) for proposed guidelines for the uniform reporting, by
Federal agencies, of construction, acquisition, rehabilitation,
and maintenance data with respect to infrastructure
improvements.
(c) Statement and Recommendations.--Not later than February 15,
2010, the Commission shall submit to Congress--
(1) a detailed statement of the findings and conclusions of
the Commission; and
(2) the recommendations of the Commission under subsection
(b), including recommendations for such legislation and
administrative actions for 5-, 15-, 30-, and 50-year time
periods as the Commission considers to be appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission shall hold such hearings, meet and
act at such times and places, take such testimony, administer such
oaths, and receive such evidence as the Commission considers advisable
to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
chairperson of the Commission, the head of the Federal agency
shall provide the information to the Commission.
(c) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(d) Contracts.--The Commission may enter into contracts with other
entities, including contracts under which one or more entities, with
the guidance of the Commission, conduct the study required under
section 4(a).
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--A member of the Commission shall
serve without pay, but shall be allowed a per diem allowance for travel
expenses, 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.
(b) Staff.--
(1) In general.--The chairperson of the Commission may,
without regard to the civil service laws, including
regulations, 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.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by a
majority of the members of the Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), 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.
(B) Maximum rate of pay.--In no event shall any
employee of the Commission (other than the executive
director) receive as compensation an amount in excess
of the maximum rate of pay for Executive Level IV under
section 5315 of title 5, United States Code.
(c) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of a Federal employee
shall be without interruption or loss of civil service status
or privilege.
(d) Procurement of Temporary and Intermittent Services.--On request
of the Commission, the Secretary of the Army, acting through the Chief
of Engineers, shall provide, on a reimbursable basis, such office
space, supplies, equipment, and other support services to the
Commission and staff of the Commission as are necessary for the
Commission to carry out the duties of the Commission under this Act.
SEC. 7. REPORTS.
(a) Interim Reports.--Not later than one year after the date of the
initial meeting of the Commission, the Commission shall submit an
interim report containing a detailed summary of the progress of the
Commission, including meetings and hearings conducted during the
interim period, to--
(1) the President;
(2) the Committees on Transportation and Infrastructure and
Natural Resources of the House of Representatives; and
(3) the Committees on Environment and Public Works, Energy
and Natural Resources, and Commerce, Science, and
Transportation of the Senate.
(b) Final Report.--On termination of the Commission under section
9, the Commission shall submit a final report containing a detailed
statement of the findings and conclusions of the Commission and
recommendations for legislation and other policies to implement those
findings and conclusions, to--
(1) the President;
(2) the Committees on Transportation and Infrastructure and
Natural Resources of the House of Representatives; and
(3) the Committees on Environment and Public Works, Energy
and Natural Resources, and Commerce, Science, and
Transportation of the Senate.
(c) Transparency.--A report submitted under subsection (a) or (b)
shall be made available to the public electronically, in a user-
friendly format, including on the Internet.
SEC. 8. FUNDING.
For each of fiscal years 2008 through 2010, upon request by the
Commission--
(1) using amounts made available to the Secretary of
Transportation from any source or account (other than the
Highway Trust Fund), the Secretary of Transportation shall
transfer to the Commission $750,000 for use in carrying out
this Act;
(2) using amounts from the general expenses account of the
Corps of Engineers (other than amounts in that account made
available through the Department of Defense), the Secretary of
the Army, acting through the Chief of Engineers, shall transfer
to the Commission $250,000 for use in carrying out this Act;
and
(3) the Administrator of the Environmental Protection
Agency shall transfer to the Commission $250,000 for use in
carrying out this Act.
SEC. 9. TERMINATION OF COMMISSION.
The Commission shall terminate on September 30, 2010. | National Infrastructure Improvement Act of 2007 - Establishes the National Commission on the Infrastructure of the United States to ensure that U.S. infrastructure meets current and future demand, facilitates economic growth, and is maintained in a manner that ensures public safety.
Requires the Commission to study the state of U.S. infrastructure, including such matters as: (1) the capacity of infrastructure to sustain economic development and competitiveness; (2) the age and condition of infrastructure; (3) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of infrastructure; (4) investment requirements needed to maintain and to improve infrastructure, including projected investment requirements and expenditures on infrastructure by federal, state, and local governments; (5) the impact of local development patterns on demand for federal funding of infrastructure; and (6) the collateral impact of deteriorated infrastructure.
Directs the Commission to develop recommendations regarding: (1) a federal infrastructure plan that will detail national infrastructure program priorities; (2) infrastructure improvements and methods of delivering and providing for infrastructure facilities; (3) analysis or criteria and procedures that may be used by federal agencies and state and local governments in inventorying existing and needed infrastructure improvements, assessing the condition of improvements, developing uniform criteria and procedures, and maintaining publicly accessible data; and (4) proposed guidelines for the uniform reporting by federal agencies of data regarding infrastructure improvements. | {"src": "billsum_train", "title": "To establish a National Commission on the Infrastructure of the United States."} | 3,173 | 275 | 0.545241 | 1.474016 | 0.711226 | 4.434457 | 11.423221 | 0.973783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Children From Computer
Pornography Act of 1995''.
SEC. 2. TRANSMISSION BY COMPUTER OF INDECENT MATERIAL TO MINORS.
(a) Offenses.--Section 1464 of title 18, United States Code, is
amended--
(1) in the heading by striking ``Broadcasting obscene
language'' and inserting ``Utterance of indecent or profane
language by radio communication; transmission to minor of
indecent material from remote computer facility, electronic
communications service, or electronic bulletin board service'';
(2) by striking ``Whoever'' and inserting ``(a) Utterance
of Indecent or Profane Language by Radio Communication.--A
person who''; and
(3) by adding at the end the following:
``(b) Transmission to Minor of Indecent Material From Remote
Computer Facility, Electronic Communications Service, or Electronic
Bulletin Board Service Provider.--
``(1) Definitions.--As used in this subsection--
``(A) the term `remote computer facility' means a
facility that--
``(i) provides to the public computer
storage or processing services by means of an
electronic communications system; and
``(ii) permits a computer user to transfer
electronic or digital material from the
facility to another computer;
``(B) the term `electronic communications service'
means any wire, radio, electromagnetic, photo optical,
or photoelectronic system for the transmission of
electronic communications, and any computer facility or
related electronic equipment for the electronic storage
of such communications, that permits a computer user to
transfer electronic or digital material from the
service to another computer; and
``(C) the term `electronic bulletin board service'
means a computer system, regardless of whether operated
for commercial purposes, that exists primarily to
provide remote or on-site users with digital images, or
that exists primarily to permit remote or on-site users
to participate in or create on-line discussion groups
or conferences.
``(2) Transmission by remote computer facility operator,
electronic communications service provider, or electronic
bulletin board service provider.--A remote computer facility
operator, electronic communications service provider,
electronic bulletin board service provider who, with knowledge
of the character of the material, knowingly--
``(A) transmits or offers or attempts to transmit
from the remote computer facility, electronic
communications service, or electronic bulletin board
service provider a communication that contains indecent
material to a person under 18 years of age; or
``(B) causes or allows to be transmitted from the
remote computer facility, electronic communications
service, or electronic bulletin board a communication
that contains indecent material to a person under 18
years of age or offers or attempts to do so,
shall be fined in accordance with this title, imprisoned not
more than 5 years, or both.
``(3) Permitting access to transmit indecent material to a
minor.--Any remote computer facility operator, electronic
communications service provider, or electronic bulletin board
service provider who willfully permits a person to use a remote
computing service, electronic communications service, or
electronic bulletin board service that is under the control of
that remote computer facility operator, electronic
communications service provider, or electronic bulletin board
service provider, to knowingly or recklessly transmit indecent
material from another remote computing service, electronic
communications service, or electronic bulletin board service,
to a person under 18 years of age, shall be fined not more than
$10,000, imprisoned not more than 2 years, or both.
``(4) Three-judge court for civil action.--Any civil action
challenging the constitutionality of any provision of this
subsection shall be heard and determined by a district court of
three judges in accordance with section 2284 of title 28,
United States Code.''.
(b) Clerical Amendment.--The item relating to section 1464 in the
table of sections at the beginning of chapter 71 of title 18, United
States Code, is amended to read as follows:
``1464. Utterance of indecent or profane language by radio
communication; transmission to minor of
indecent material from remote computer
facility.''.
(c) Report by Attorney General.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Attorney General shall report to
the Congress on the state of the technology that would permit
parents to block or otherwise filter the transmission of
indecent material to minors.
(2) Recommendations.--The report shall include
recommendations regarding whether the use of blocking or
filtering technology by a remote computer facility operator,
electronic communications service provider, or electronic
bulletin board service provider should be treated as an
affirmative defense to prosecution under section 1464(b) of
title 18, United States Code, as added by section 2(a)(3). | Protection of Children From Computer Pornography Act of 1995 - Amends the Federal criminal code to prohibit the transmission to minors of indecent material from remote computer facilities, electronic communication services, or electronic bulletin boards.
Prohibits: (1) the knowing transmittal or attempted transmittal of indecent material to a person under age 18 (and provides penalties of up to five years' imprisonment, a fine, or both); and (2) a remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider from willfully allowing another individual to transmit indecent material to a person under age 18 (and provides penalties of up to two years' imprisonment, a $10,000 fine, or both).
Requires the Attorney General to report to the Congress within two years regarding the state of technology that would permit parents to block or filter the transmission of indecent material to minors. | {"src": "billsum_train", "title": "Protection of Children From Computer Pornography Act of 1995"} | 1,092 | 193 | 0.598737 | 1.668988 | 0.759793 | 2.641176 | 5.835294 | 0.841176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco Consumption Reduction and
Health Improvement Act of 1995''.
SEC. 2. INCREASE IN TAXES ON TOBACCO PRODUCTS.
(a) In General.--
(1) Cigars.--Subsection (a) of section 5701 of the Internal
Revenue Code of 1986 (relating to rate of tax on cigars) is
amended--
(A) by striking ``$1.125 cents per thousand (93.75
cents per thousand on cigars removed during 1991 and
1992)'' in paragraph (1) and inserting ``$5.8125 per
thousand''; and
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Large cigars.--On cigars weighing more than 3 pounds
per thousand, a tax equal to 65.875 percent of the price for
which sold but not more than $155 per thousand.''
(2) Cigarettes.--Subsection (b) of section 5701 of such
Code (relating to rate of tax on cigarettes) is amended--
(A) by striking ``$12 per thousand ($10 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (1) and inserting ``$62 per thousand'';
and
(B) by striking ``$25.20 per thousand ($21 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (2) and inserting ``$130.20 per
thousand''.
(3) Cigarette papers.--Subsection (c) of section 5701 of
such Code (relating to rate of tax on cigarette papers) is
amended by striking ``0.75 cent (0.625 cent on cigarette papers
removed during 1991 or 1992)'' and inserting ``3.875 cents''.
(4) Cigarette tubes.--Subsection (d) of section 5701 of
such Code (relating to rate of tax on cigarette tubes) is
amended by striking ``1.5 cents (1.25 cents on cigarette tubes
removed during 1991 or 1992)'' and inserting ``7.75 cents''.
(5) Snuff.--Paragraph (1) of section 5701(e) of such Code
(relating to rate of tax on smokeless tobacco) is amended by
striking ``36 cents (30 cents on snuff removed during 1991 or
1992)'' and inserting ``$1.86''.
(6) Chewing tobacco.--Paragraph (2) of section 5701(e) of
such Code is amended by striking ``12 cents (10 cents on
chewing tobacco removed during 1991 or 1992)'' and inserting
``62 cents''.
(7) Pipe tobacco.--Subsection (f) of section 5701 of such
Code (relating to rate of tax on pipe tobacco) is amended by
striking ``67.5 cents (56.25 cents on chewing tobacco removed
during 1991 or 1992)'' and inserting ``$3.4875''.
(8) Effective date.--The amendments made by this subsection
shall apply with respect to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco removed after December 31, 1995.
(b) Imposition of Excise Tax on Manufacture or Importation of Roll-
Your-Own Tobacco.--
(1) In general.--Section 5701 of the Internal Revenue Code
of 1986 (relating to rate of tax) is amended by redesignating
subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Roll-Your-Own Tobacco.--On roll-your-own tobacco,
manufactured in or imported into the United States, there shall be
imposed a tax of $1.86 per pound (and a proportionate tax at the like
rate on all fractional parts of a pound).''
(2) Roll-your-own tobacco.--Section 5702 of such Code
(relating to definitions) is amended by adding at the end the
following new subsection:
``(p) Roll-Your-Own Tobacco.--The term `roll-your-own tobacco'
means any tobacco which, because of its appearance, type, packaging, or
labeling, is suitable for use and likely to be offered to, or purchased
by, consumers as tobacco for making cigarettes.''
(3) Technical amendments.--
(A) Subsection (c) of section 5702 of such Code is
amended by striking ``and pipe tobacco'' and inserting
``pipe tobacco, and roll-your-own tobacco''.
(B) Subsection (d) of section 5702 of such Code is
amended--
(i) in the material preceding paragraph
(1), by striking ``or pipe tobacco'' and
inserting ``pipe tobacco, or roll-your-own
tobacco'', and
(ii) by striking paragraph (1) and
inserting the following new paragraph:
``(1) a person who produces cigars, cigarettes, smokeless
tobacco, pipe tobacco, or roll-your-own tobacco solely for the
person's own personal consumption or use, and''.
(C) The chapter heading for chapter 52 of such Code
is amended to read as follows:
``CHAPTER 52--TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES''.
(D) The table of chapters for subtitle E of such
Code is amended by striking the item relating to
chapter 52 and inserting the following new item:
``Chapter 52. Tobacco products and
cigarette papers and tubes.''
(4) Effective date.--
(A) In general.--The amendments made by this
subsection shall apply to roll-your-own tobacco removed
(as defined in section 5702(p) of the Internal Revenue
Code of 1986, as added by this subsection) after
December 31, 1995.
(B) Transitional rule.--Any person who--
(i) on the date of the enactment of this
Act is engaged in business as a manufacturer of
roll-your-own tobacco or as an importer of
tobacco products or cigarette papers and tubes,
and
(ii) before January 1, 1996, submits an
application under subchapter B of chapter 52 of
such Code to engage in such business,
may, notwithstanding such subchapter B, continue to
engage in such business pending final action on such
application. Pending such final action, all provisions
of such chapter 52 shall apply to such applicant in the
same manner and to the same extent as if such applicant
were a holder of a permit under such chapter 52 to
engage in such business.
(c) Floor Stocks.--
(1) Imposition of tax.--On cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco manufactured in or imported into the United States
which is removed before January 1, 1996, and held on such date
for sale by any person, there shall be imposed the following
taxes:
(A) Small cigars.--On cigars, weighing not more
than 3 pounds per thousand, $4.6875 per thousand.
(B) Large cigars.--On cigars, weighing more than 3
pounds per thousand, a tax equal to 53.125 percent of
the price for which sold, but not more than $125 per
thousand.
(C) Small cigarettes.--On cigarettes, weighing not
more than 3 pounds per thousand, $50 per thousand.
(D) Large cigarettes.--On cigarettes, weighing more
than 3 pounds per thousand, $105 per thousand; except
that, if more than 6\1/2\ inches in length, they shall
be taxable at the rate prescribed for cigarettes
weighing not more than 3 pounds per thousand, counting
each 2\3/4\ inches, or fraction thereof, of the length
of each as one cigarette.
(E) Cigarette papers.--On cigarette papers, 3.125
cents for each 50 papers or fractional part thereof;
except that, if cigarette papers measure more than 6\1/
2\ inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette paper.
(F) Cigarette tubes.--On cigarette tubes, 6.25
cents for each 50 tubes or fractional part thereof;
except that, if cigarette tubes measure more than 6\1/
2\ inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette tube.
(G) Snuff.--On snuff, $1.50 per pound and a
proportionate tax at the like rate on all fractional
parts of a pound.
(H) Chewing tobacco.--On chewing tobacco, 50 cents
per pound and a proportionate tax at the like rate on
all fractional parts of a pound.
(I) Pipe tobacco.--On pipe tobacco, $2.8125 per
pound and a proportionate tax at the like rate on all
fractional parts of a pound.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding cigars,
cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco on January 1, 1996,
to which any tax imposed by paragraph (1) applies shall
be liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be treated as a tax imposed under
section 5701 of the Internal Revenue Code of 1986 and
shall be due and payable on February 15, 1996, in the
same manner as the tax imposed under such section is
payable with respect to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and
pipe tobacco removed on January 1, 1996.
(3) Cigars, cigarettes, cigarette paper, cigarette tubes,
snuff, chewing tobacco, and pipe tobacco.--For purposes of this
subsection, the terms ``cigar'', ``cigarette'', ``cigarette
paper'', ``cigarette tubes'', ``snuff'', ``chewing tobacco'',
and ``pipe tobacco'' shall have the meaning given to such terms
by subsections (a), (b), (e), and (g), paragraphs (2) and (3)
of subsection (n), and subsection (o) of section 5702 of the
Internal Revenue Code of 1986, respectively.
(4) Exception for retail stocks.--The taxes imposed by
paragraph (1) shall not apply to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco in retail stocks held on January 1, 1996, at the place
where intended to be sold at retail.
(5) Foreign trade zones.--Notwithstanding the Act of June
18, 1934 (19 U.S.C. 81a et seq.) or any other provision of
law--
(A) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco--
(i) on which taxes imposed by Federal law
are determined, or customs duties are
liquidated, by a customs officer pursuant to a
request made under the first proviso of section
3(a) of the Act of June 18, 1934 (19 U.S.C.
81c(a)) before January 1, 1996, and
(ii) which are entered into the customs
territory of the United States on or after
January 1, 1996, from a foreign trade zone, and
(B) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco which--
(i) are placed under the supervision of a
customs officer pursuant to the provisions of
the second proviso of section 3(a) of the Act
of June 18, 1934 (19 U.S.C. 81c(a)) before
January 1, 1996, and
(ii) are entered into the customs territory
of the United States on or after January 1,
1996, from a foreign trade zone,
shall be subject to the tax imposed by paragraph (1) and such
cigars, cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco shall, for purposes of
paragraph (1), be treated as being held on January 1, 1996, for
sale.
(d) Establishment of Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:
``SEC. 9512. TOBACCO CONVERSION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Tobacco
Conversion Trust Fund' (hereafter referred to in this section as the
`Trust Fund'), consisting of such amounts as may be appropriated or
credited to the Trust Fund as provided in this section or section
9602(b).
``(b) Transfers to Trust Fund.--The Secretary shall transfer to the
Trust Fund an amount equivalent to 3 percent of the net increase in
revenues received in the Treasury attributable to the amendments made
to section 5701 by subsections (a) and (b) of section 2 and the
provisions contained in section 2(c) of the Tobacco Consumption
Reduction and Health Improvement Act of 1995, as estimated by the
Secretary.
``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust
Fund shall be available to the Secretary of Agriculture, as provided by
appropriation Acts, for making expenditures for purposes of--
``(1) providing assistance to farmers in converting from
tobacco to other crops and improving the access of such farmers
to markets for other crops, and
``(2) providing grants or loans to communities, and persons
involved in the production or manufacture of tobacco or tobacco
products, to support economic diversification plans that
provide economic alternatives to tobacco to such communities
and persons.
The assistance referred to in paragraph (1) may include government
purchase of tobacco allotments for purposes of retiring such allotments
from allotment holders and farmers who choose to terminate their
involvement in tobacco production.''
(2) Clerical amendment.--The table of sections for such
subchapter A is amended by adding at the end the following new
item:
``Sec. 9512. Tobacco Conversion Trust
Fund.'' | Tobacco Consumption Reduction and Health Improvement Act of 1995 - Amends the Internal Revenue Code to increase the excise tax on: (1) cigars; (2) cigarettes; (3) cigarette papers and tubes; (4) snuff; and (5) chewing and pipe tobacco. Imposes a tax on the floor stocks of such tobacco products which are removed before January 1, 1996. Makes an exception to the imposition of such tax for floor stocks of such products held on such date at the place intended to be sold at retail. Imposes such tax on such products entered into the United States from foreign trade zones before such date. Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States.
Establishes in the Treasury the Tobacco Conversion Trust Fund, to which the Secretary of the Treasury shall transfer an amount equivalent to three percent of the net increase in revenues attributable to the tax increases imposed by this Act. Makes Fund amounts available for expenditures for providing: (1) assistance to farmers for conversion from tobacco growing (including Government purchase of tobacco allotments) and improving their access to markets for other crops; and (2) grants and loans to communities and persons involved in tobacco growing and tobacco product manufacture to support economic diversification plans. | {"src": "billsum_train", "title": "Tobacco Consumption Reduction and Health Improvement Act of 1995"} | 3,256 | 273 | 0.56977 | 1.527685 | 0.685583 | 2.806324 | 11.29249 | 0.916996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Start-Up Success Accounts Act of
2001''.
SEC. 2. START-UP SUCCESS ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 (relating to taxable year for
which deductions taken) is amended by inserting after section 468B the
following new section:
``SEC. 468C. START-UP SUCCESS ACCOUNTS.
``(a) Deduction Allowed.--In the case of a taxpayer which is an
eligible small business, there shall be allowed as a deduction for any
taxable year the amount paid in cash by such taxpayer to a Start-up
Success Account (hereafter in this section also referred to as an `SUSA
Account').
``(b) Limitation.--
``(1) In general.--The amount which a taxpayer may pay into
the SUSA Account for any taxable year shall not exceed
whichever of the following is the least:
``(A) 20 percent of so much of the taxable income
of the taxpayer (determined without regard to this
section) which is attributable to any trade or
business.
``(B) $50,000.
``(C) $100,000, reduced by the aggregate amount
paid by the taxpayer (and all related persons) into
SUSA accounts for all prior taxable years.
``(2) Deduction allowed only during startup period.--No
deduction shall be allowed under this section with respect to
any eligible small business for any taxable year after the 5th
taxable year that such business (or any predecessor) is engaged
in a trade or business.
``(3) Dollar limitation on controlled groups.--
``(A) In general.--For purposes of paragraph (1)--
``(i) all component members of a controlled
group shall be treated as one taxpayer, and
``(ii) the Secretary shall apportion the
dollar limitations contained in paragraph (1)
among the component members of such controlled
group in such manner as he shall by regulations
prescribe.
``(B) Controlled group defined.--For purposes of
subparagraph (A), the term `controlled group' has the
meaning given such term by section 1563(a); except
that, for such purposes, `more than 50 percent' shall
be substituted for `at least 80 percent' each place it
appears in section 1563(a)(1).
``(4) Partnerships and s corporations.--In the case of a
partnership, the limitation under paragraph (1) shall apply
with respect to the partnership and each partner. A similar
rule shall apply in the case of an S corporation and its
shareholders.
``(5) Related persons.--For purposes of paragraph (1)(C), a
person (hereinafter in this paragraph referred to as the
`related person') is related to any person if the related
person bears a relationship to such person specified in section
267(b) or 707(b)(1), or the related person and such person are
engaged in trades or businesses under common control (within
the meaning of subsections (a) and (b) of section 52. For
purposes of the preceding sentence, in applying section 267(b)
or 707(b)(1), `10 percent' shall be substituted for `50
percent'.
``(c) Eligible Small Business.--
``(1) In general.--For purposes of this section, the term
`eligible small business' means, with respect to any taxable
year, any person actively engaged in a trade or business if for
all prior taxable years beginning after December 31, 1999, the
taxpayer (or any predecessor) met the $2,000,000 gross receipts
test of paragraph (2). In the case of a taxpayer to which section 469
applies, such term shall not include any trade or business which is a
passive activity (within the meaning of section 469(c)) of the
taxpayer.
``(2) $2,000,000 gross receipts tests.--A person meets the
$2,000,000 gross receipts tests of this paragraph for any prior
taxable year if such person would meet the test of section
448(c) were such section applied by substituting `$2,000,000'
for `$5,000,000'.
``(d) Start-up Success Account.--For purposes of this section--
``(1) In general.--The terms `Start-up Success Account' and
`SUSA Account' means a trust created or organized in the United
States for the exclusive benefit of an eligible small business,
but only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of an
SUSA Account shall be treated for purposes of this title as the
owner of such Account and shall be subject to tax thereon in
accordance with subpart E of part I of subchapter J of this
chapter (relating to grantors and others treated as substantial
owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from an SUSA Account
of the taxpayer during such taxable year (to the extent
not previously included in gross income), and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in trade or business), and
``(iii) subparagraph (A) or (B) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Gross income shall not include the
distribution of any contribution paid during a taxable year to
an SUSA Account to the extent that such contribution exceeds
the limitation applicable under subsection (b) if requirements
similar to the requirements of section 408(d)(4) are met.
``(3) Exclusion from self-employment tax.--Amounts included
in gross income under this subsection shall not be included in
determining net earnings from self-employment under section
1402.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any SUSA
Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from an SUSA Account shall be
treated as made from deposits in the order in which
such deposits were made, beginning with the earliest
deposits.
``(2) Cessation in trade or business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in the trade or business referred to in
subsection (a), there shall be deemed distributed from the SUSA
Account (if any) of the taxpayer an amount equal to the balance
in such Account at the close of such disqualification period.
For purposes of the preceding sentence, the term
`disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in the
trade or business referred to in subsection (a).
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(B) Section 408(e)(4) (relating to effect of
pledging account as security).
``(C) Section 408(g) (relating to community
property laws).
``(D) Section 408(h) (relating to custodial
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to
an SUSA Account on the last day of a taxable year if such
payment is made on account of such taxable year and is made
within 3\1/2\ months after the close of such taxable year.
``(g) Reports.--The trustee of an SUSA Account shall make such
reports regarding such Account to the Secretary and to the person for
whose benefit the Account is maintained with respect to contributions,
distributions, and such other matters as the Secretary may require
under regulations. The reports required by this subsection shall be
filed at such time and in such manner and furnished to such persons at
such time and in such manner as may be required by those
regulations.''.
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 of such Code (relating
to tax on certain excess contributions) is amended by striking
``or'' at the end of paragraph (3), by redesignating paragraph
(4) as paragraph (5), and by inserting after paragraph (3) the
following new paragraph:
``(4) an SUSA Account (within the meaning of section
468C(d)), or''.
(2) Section 4973 of such Code is amended by adding at the
end the following new subsection:
``(g) Excess Contributions to SUSA Accounts.--For purposes of this
section, in the case of SUSA Accounts (within the meaning of section
468C(d)), the term `excess contributions' means the amount by which the
amount contributed for the taxable year to the Account exceeds the
amount which may be contributed to the Account under section 468C(b)
for such taxable year. For purposes of this subsection, any
contribution which is distributed out of the SUSA Account in a
distribution to which section 468C(e)(2)(B) applies shall be treated as
an amount not contributed.''.
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 of such Code (relating
to prohibited transactions) is amended by adding at the end the
following new paragraph:
``(6) Special rule for susa accounts.--A person for whose
benefit an SUSA Account (within the meaning of section 468C(d))
is established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such Account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be an SUSA
Account by reason of the application of section 468C(f)(3)(A)
to such Account.''.
(2) Paragraph (1) of section 4975(e) of such Code is
amended by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively, and by inserting after
subparagraph (D) the following new subparagraph:
``(E) an SUSA Account described in section
468C(d),''.
(d) Failure To Provide Reports on SUSA Accounts.--Paragraph (2) of
section 6693(a) of such Code (relating to failure to provide reports on
certain tax-favored accounts or annuities) is amended by redesignating
subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively,
and by inserting after subparagraph (B) the following new subparagraph:
``(C) section 468C(g) (relating to SUSA
Accounts),''.
(e) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 of such Code is amended by
inserting after the item relating to section 468B the following new
item:
``Sec. 468C. Start-up Success
Accounts.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Start-Up Success Accounts Act of 2001 - Amends the Internal Revenue Code to allow a limited deduction, to an eligible small business taxpayer during its start-up period, for amounts paid in cash by such a taxpayer to a Start-up Success Account. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for Start-up Success Accounts."} | 3,039 | 58 | 0.545396 | 1.234226 | 0.938678 | 3.26 | 55.22 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Student Act of 2014''.
SEC. 2. SUPPORT FOR WORKING STUDENTS.
(a) Dependent Students.--Section 475(g)(2)(D) of the Higher
Education Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as
follows:
``(D) an income protection allowance (or a
successor amount prescribed by the Secretary under
section 478) of $8,451 for academic year 2015-2016;''.
(b) Independent Students Without Dependents Other Than a Spouse.--
Section 476(b)(1)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C.
1087pp(b)(1)(A)(iv)) is amended to read as follows:
``(iv) an income protection allowance (or a
successor amount prescribed by the Secretary
under section 478)--
``(I) for single or separated
students, or married students where
both are enrolled pursuant to
subsection (a)(2), of $13,135 for
academic year 2015-2016; and
``(II) for married students where 1
is enrolled pursuant to subsection
(a)(2), of $21,060 for academic year
2015-2016;''.
(c) Independent Students With Dependents Other Than a Spouse.--
Section 477(b)(4) of the Higher Education Act of 1965 (20 U.S.C.
1087qq(b)(4)) is amended to read as follows:
``(4) Income protection allowance.--The income protection
allowance is determined by the following table (or a successor
table prescribed by the Secretary under section 478), for
academic year 2015-2016:
``Income Protection Allowance
----------------------------------------------------------------------------------------------------------------
Family Size Number in College
----------------------------------------------------------------------------------------------------------------
For each
(including 1 2 3 4 5 additional
student) subtract:
----------------------------------------------------------------------------------------------------------------
2 $33,277 $27,580 $4,250
3 41,431 35,761 $30,078
4 51,151 45,481 39,825 $34,114
5 60,358 54,661 49,005 43,321 $37,665
6 70,591 64,908 59,265 53,554 47,898
For each
additional
add: 6,000 ''.
----------------------------------------------------------------------------------------------------------------
(d) Updated Tables and Amounts.--Section 478(b) of the Higher
Education Act of 1965 (20 U.S.C. 1087rr(b)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) In general.--For each academic year after
academic year 2015-2016, the Secretary shall publish in
the Federal Register a revised table of income
protection allowances for the purpose of sections
475(c)(4) and 477(b)(4), subject to subparagraphs (B)
and (C).
``(B) Table for independent students.--For each
academic year after academic year 2015-2016, the
Secretary shall develop the revised table of income
protection allowances by increasing each of the dollar
amounts contained in the table of income protection
allowances under section 477(b)(4)(D) by a percentage
equal to the estimated percentage increase in the
Consumer Price Index (as determined by the Secretary)
between December 2014 and the December next preceding
the beginning of such academic year, and rounding the
result to the nearest $10.''; and
(2) in paragraph (2), by striking ``shall be developed''
and all that follows through the period at the end and
inserting ``shall be developed for each academic year after
academic year 2015-2016, by increasing each of the dollar
amounts contained in such section for academic year 2015-2016
by a percentage equal to the estimated percentage increase in
the Consumer Price Index (as determined by the Secretary)
between December 2014 and the December next preceding the
beginning of such academic year, and rounding the result to the
nearest $10.''.
(e) Effective Date.--The amendments made by this section shall be
effective on July 1, 2015. | Working Student Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to increase the income protection allowance for academic year 2015-2016 to: $8,451 for dependent students; $13,135 for independent students without dependents other than a spouse who are single, separated, or married when both spouses are enrolled; and $21,060 for independent students without dependents other than a spouse if only one of the spouses is enrolled. Increases for academic year 2015-2016 the income protection allowances for independent students with dependents other than a spouse. (These allowances vary depending on the number of such dependents.) Provides for cost-of-living adjustments to such income protection allowances after academic year 2015-2016. (An income protection allowance is the amount excluded from a student's income in determining the student's need for assistance under title IV.) | {"src": "billsum_train", "title": "Working Student Act of 2014"} | 1,079 | 201 | 0.675411 | 1.897364 | 0.863518 | 2.854651 | 4.610465 | 0.819767 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Economic Growth
and Debt Reduction Act''.
(b) Purpose.--The purpose of this Act is--
(1) to ensure a balanced Federal budget by fiscal year
2002;
(2) to create a mechanism to monitor total costs of direct
spending programs, and, in the event that actual or projected
costs exceed targeted levels, to require the President and
Congress to address adjustments in direct spending; and
(3) to ensure that windfall revenues are used to promote
economic growth through lower taxes.
SEC. 2. ESTABLISHMENT OF DIRECT SPENDING AND REVENUE TARGETS.
For purposes of this Act--
(1) the initial direct spending targets for each of fiscal
years 1998 through 2002 shall equal total outlays for all
direct spending except net interest as provided in H. Con. Res.
84, the concurrent resolution on the budget for fiscal year
1998; and
(2) the revenue targets are the revenue amounts provided in
H. Con. Res. 84, the concurrent resolution on the budget for
fiscal year 1998.
SEC. 3. ANNUAL REVIEW OF DIRECT SPENDING AND RECEIPTS BY PRESIDENT.
As part of each budget submitted under section 1105(a) of title 31,
United States Code, the President shall provide an annual review of
direct spending and receipts, which shall include--
(1) information on total outlays for programs covered by
the direct spending targets, including actual outlays for the
prior fiscal year and projected outlays for the current fiscal
year and the 5 succeeding fiscal years; and
(2) any amount by which revenues for a budget year and any
outyears through fiscal year 2002 exceed the revenue target in
section 2(2).
SEC. 4. ECONOMIC GROWTH PROTECTION.
(a) Inclusion on Scorecard.--The Office of Management and Budget
shall include the amount of any changes in revenues determined pursuant
to section 3(2) as a deficit decrease under the estimates and reports
required by section 252(b) and section 254 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(b) Use of Revenues Exceeding Target.--Any amount not to exceed the
amount of deficit decrease determined under section 3(2) may only be
offset by legislation decreasing revenues.
SEC. 5. SPECIAL DIRECT SPENDING MESSAGE BY PRESIDENT.
(a) Trigger.--If the information submitted by the President under
section 3(1) indicates--
(1) that actual outlays for direct spending in the prior
fiscal year exceeded the applicable direct spending target; or
(2) that outlays for direct spending for the current or
budget year are projected to exceed the applicable direct
spending targets,
the President shall include in his budget a special direct spending
message meeting the requirements of subsection (b).
(b) Contents.--The special direct spending message shall include--
(1) an analysis of the variance in direct spending over the
direct spending targets; and
(2) the President's recommendations for eliminating
overages, if any, in the prior, current, or budget year.
(c) Proposed Special Direct Spending Resolution.--The special
direct spending message shall include the text of a special direct
spending resolution implementing the President's recommendations
through reconciliation directives instructing the appropriate
committees of the House of Representatives and Senate to determine and
recommend changes in laws within their jurisdictions.
SEC. 6. REQUIRED RESPONSE BY CONGRESS.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider a concurrent resolution on
the budget unless that concurrent resolution fully eliminates the
entirety of any overage contained in the applicable report of the
President under section 5 through reconciliation directives.
(b) Waiver and Suspension.--This section may be waived or suspended
in the Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn. This section shall be subject to the
provisions of section 258 of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) Appeals.--Appeals in the Senate from the decisions of the Chair
relating to any provision of this section shall be limited to 1 hour,
to be equally divided between, and controlled by, the appellant and the
manager of the bill or joint resolution, as the case may be. An
affirmative vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair on a point of order raised under this
section.
SEC. 7. RELATIONSHIP TO BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL
ACT.
Reductions in outlays resulting from legislation reported pursuant
to section 6 or reductions in revenues reported pursuant to section
4(b) shall not be taken into account for purposes of any budget
enforcement procedures under the Balanced Budget and Emergency Deficit
Control Act of 1985 and the Congressional Budget Act of 1974.
SEC. 8. ESTIMATING MARGIN.
For any fiscal year for which the overage is less than one-half of
1 percent of the direct spending target for that year, the procedures
set forth in sections 5 and 6 shall not apply.
SEC. 9. EFFECTIVE DATE.
This Act shall apply to direct spending targets and revenues for
fiscal years 1998 through 2002 and shall expire at the end of fiscal
year 2002. | Economic Growth and Debt Reduction Act - Provides that, for purposes of this Act: (1) the initial direct spending targets for each of FY 1998 through 2002 shall equal total outlays for all direct spending except net interest as provided in
H. Con. Res. 84
(105th Congress), the concurrent resolution on the budget for FY 1998; and (2) the revenue targets are the amounts provided in such resolution.
Requires the President, as part of each Federal budget submitted to the Congress, to provide an annual review of direct spending and receipts, including: (1) information on total outlays for programs covered by the direct spending targets, including actual outlays for the prior fiscal year and projected outlays for the current and five succeeding fiscal years; and (2) any amount by which revenues for a budget year and any outyears through FY 2002 exceed the revenue target.
Directs the Office of Management and Budget to include the amount of any changes in revenues as a deficit decrease under specified estimates and sequestration reports required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Provides that any amount not to exceed the amount of deficit decrease may only be offset by legislation decreasing revenues.
Directs the President to include a special direct spending message in the budget if the information submitted indicates that: (1) actual outlays for direct spending in the prior fiscal year exceeded the applicable spending target; or (2) outlays for the current or budget year are projected to exceed targets. Requires such message to include: (1) an analysis of the variance in direct spending over the direct spending targets; (2) recommendations for eliminating overages, if any, in the prior, current, or budget year; and (3) the text of a special direct spending resolution implementing such recommendations through reconciliation directives instructing the appropriate committees to recommend changes in laws within their jurisdictions.
Provides a point of order against consideration of any concurrent budget resolution unless it fully eliminates the entirety of any overage contained in the President's message. Makes special message and point of order procedures inapplicable for any fiscal year in which the overage is less than one-half of one percent of the direct spending target for that year.
Applies this Act to direct spending targets and revenues for FY 1998 through 2002. | {"src": "billsum_train", "title": "Economic Growth and Debt Reduction Act"} | 1,203 | 487 | 0.754339 | 2.361093 | 0.919911 | 5.515217 | 2.341304 | 0.915217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Musconetcong Wild and Scenic Rivers
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Secretary of the Interior, in cooperation and
consultation with appropriate Federal, State, regional, and local
agencies, is conducting a study of the eligibility and suitability
of the Musconetcong River in the State of New Jersey for inclusion
in the Wild and Scenic Rivers System;
(2) the Musconetcong Wild and Scenic River Study Task Force,
with assistance from the National Park Service, has prepared a
river management plan for the study area entitled ``Musconetcong
River Management Plan'' and dated April 2003 that establishes goals
and actions to ensure long-term protection of the outstanding
values of the river and compatible management of land and water
resources associated with the Musconetcong River; and
(3) 13 municipalities and 3 counties along segments of the
Musconetcong River that are eligible for designation have passed
resolutions in which the municipalities and counties--
(A) express support for the Musconetcong River Management
Plan;
(B) agree to take action to implement the goals of the
management plan; and
(C) endorse designation of the Musconetcong River as a
component of the Wild and Scenic Rivers System.
SEC. 3. DEFINITIONS.
In this Act:
(1) Additional river segment.--The term ``additional river
segment'' means the approximately 4.3-mile Musconetcong River
segment designated as ``C'' in the management plan, from
Hughesville Mill to the Delaware River Confluence.
(2) Management plan.--The term ``management plan'' means the
river management plan prepared by the Musconetcong River Management
Committee, the National Park Service, the Heritage Conservancy, and
the Musconetcong Watershed Association entitled ``Musconetcong
River Management Plan'' and dated April 2003 that establishes goals
and actions to--
(A) ensure long-term protection of the outstanding values
of the river segments; and
(B) compatible management of land and water resources
associated with the river segments.
(3) River segment.--The term ``river segment'' means any
segment of the Musconetcong River, New Jersey, designated as a
scenic river or recreational river by section 3(a)(167) of the Wild
and Scenic Rivers Act (as added by section 4).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW JERSEY, AS
SCENIC AND RECREATIONAL RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(167) Musconetcong river, new jersey.--
``(A) Designation.--The 24.2 miles of river segments in New
Jersey, consisting of--
``(i) the approximately 3.5-mile segment from Saxton Falls
to the Route 46 bridge, to be administered by the Secretary of
the Interior as a scenic river; and
``(ii) the approximately 20.7-mile segment from the Kings
Highway bridge to the railroad tunnels at Musconetcong Gorge,
to be administered by the Secretary of the Interior as a
recreational river.
``(B) Administration.--Notwithstanding section 10(c), the river
segments designated under subparagraph (A) shall not be
administered as part of the National Park System.''.
SEC. 5. MANAGEMENT.
(a) Management Plan.--
(1) In general.--The Secretary shall manage the river segments
in accordance with the management plan.
(2) Satisfaction of requirements for plan.--The management plan
shall be considered to satisfy the requirements for a comprehensive
management plan for the river segments under section 3(d) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(3) Restrictions on water resource projects.--For purposes of
determining whether a proposed water resources project would have a
direct and adverse effect on the values for which a river segment
is designated as part of the Wild and Scenic Rivers System under
section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)),
the Secretary shall consider the extent to which the proposed water
resources project is consistent with the management plan.
(4) Implementation.--The Secretary may provide technical
assistance, staff support, and funding to assist in the
implementation of the management plan.
(b) Cooperation.--
(1) In general.--The Secretary shall manage the river segments
in cooperation with appropriate Federal, State, regional, and local
agencies, including--
(A) the Musconetcong River Management Committee;
(B) the Musconetcong Watershed Association;
(C) the Heritage Conservancy;
(D) the National Park Service; and
(E) the New Jersey Department of Environmental Protection.
(2) Cooperative agreements.--Any cooperative agreement entered
into under section 10(e) of the Wild and Scenic Rivers Act (16
U.S.C. 1281(e)) relating to a river segment--
(A) shall be consistent with the management plan; and
(B) may include provisions for financial or other
assistance from the United States to facilitate the long-term
protection, conservation, and enhancement of the river segment.
(c) Land Management.--
(1) In general.--The Secretary may provide planning, financial,
and technical assistance to local municipalities and nonprofit
organizations to assist in the implementation of actions to protect
the natural and historic resources of the river segments.
(2) Plan requirements.--After adoption of recommendations made
in section IV of the management plan, the zoning ordinances of the
municipalities bordering the segments shall be considered to
satisfy the standards and requirements under section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(d) Designation of Additional River Segment.--
(1) Finding.--Congress finds that the additional river segment
is suitable for designation as a recreational river if the
Secretary determines that there is adequate local support for the
designation of the additional river segment in accordance with
paragraph (3).
(2) Designation and administration.--If the Secretary
determines that there is adequate local support for designating the
additional river segment as a recreational river--
(A) the Secretary shall publish in the Federal Register
notice of the designation of the segment;
(B) the segment shall be designated as a recreational river
in accordance with the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.); and
(C) the Secretary shall administer the additional river
segment as a recreational river.
(3) Criteria for local support.--In determining whether there
is adequate local support for the designation of the additional
river segment, the Secretary shall consider the preferences of
local governments expressed in resolutions concerning designation
of the additional river segment.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act and the
amendments made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Musconetcong Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act (the Act) to designate specified segments of the Musconetcong River, New Jersey, as scenic and recreational rivers. Prohibits such designated river segments from being administered as part of the National Park System.
Directs the Secretary of the Interior to manage those segments in accordance with the Musconetcong River Management Plan (dated April 2003), which establishes goals and actions to ensure long-term protection of the outstanding values of the river segments and compatible management of land and water resources associated with such segments. Considers the management plan as satisfying the requirements for a comprehensive management plan for those river segments. Directs the Secretary, in determining whether a proposed water resources project would have a direct and adverse effect on the values for which a river segment is designated as part of the Wild and Scenic Rivers System, to consider the extent to which the project is consistent with the management plan. Authorizes the Secretary to provide technical assistance, staff support, and funding to assist in the implementation of the management plan.
Requires the Secretary to manage the river segments in cooperation with appropriate Federal, State, regional, and local agencies.
Requires any cooperative agreement entered into under the Act relating to a river segment to be consistent with the management plan. Permits an agreement to include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the river segment.
Authorizes the Secretary to provide planning, financial, and technical assistance to local municipalities and nonprofit organizations to assist in the implementation of actions to protect the natural and historic resources of the river segments. Considers, after adoption of recommendations made in section IV of the management plan, the zoning ordinances of the municipalities bordering the segments as satisfying requirements with respect to the curtailment of condemnation power in urban areas covered by valid and satisfactory zoning ordinances.
Provides for the designation of an additional river segment if there is adequate local support and for its administration as a recreational river.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong River in the State of New Jersey as a component of the National Wild and Scenic Rivers System, and for other purposes."} | 1,625 | 457 | 0.736978 | 2.451624 | 0.847234 | 5.918987 | 3.594937 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prematurity Research Expansion and
Education for Mothers who deliver Infants Early Reauthorization Act''
or the ``PREEMIE Reauthorization Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) help reduce preterm birth, associated disabilities of
preterm birth, and deaths of babies born preterm;
(2) expand research into the causes of preterm birth; and
(3) promote the development, availability, and use of
evidence-based practices of care for pregnant women at risk of
preterm labor or other serious pregnancy-related complications
and for infants born preterm.
SEC. 3. RESEARCH AND ACTIVITIES AT THE NATIONAL INSTITUTES OF HEALTH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM
LABOR AND DELIVERY AND INFANT MORTALITY.
``(a) In General.--The Secretary, acting through the Director of
NIH, shall, subject to the availability of appropriations, expand,
intensify, and coordinate the activities of the National Institutes of
Health with respect to research on the causes of preterm labor and
delivery, tools to detect, prevent, or reduce prevalence of preterm
labor and delivery, and the care and treatment of preterm infants.
``(b) Authorization of Clinical Research Networks.--There shall be
established within the National Institutes of Health a multi-center
clinical program (that shall be initially established utilizing
existing networks) designed to--
``(1) investigate problems in clinical obstetrics,
particularly those related to prevention of low birth weight,
prematurity, and medical problems of pregnancy;
``(2) improve the care and outcomes of neonates, especially
very-low-birth weight infants; and
``(3) enhance the understanding of DNA and proteins as they
relate to the underlying processes that lead to preterm birth
to aid in formulating more effective interventions to prevent
preterm birth.
``(c) Trans-Disciplinary Centers for Preterm Birth Research.--
``(1) In general.--The Director of NIH shall, subject to
appropriations made available to carry out this subsection,
award grants and contracts to public and nonprofit private
entities to pay all or part of the cost of planning,
establishing, improving, and providing basic operating support
for trans-disciplinary research centers for prematurity.
Research supported under this subsection shall integrate
clinical, public health, basic, and behavioral and social
science disciplines together with bioinformatics, engineering,
mathematical, and computer sciences to address the causes of
preterm labor and delivery collaboratively.
``(2) Eligibility.--To be eligible to receive a grant or
contract under paragraph (1), an entity shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require,
including, if appropriate, an assurance that the entity will
coordinate with clinical research networks authorized in
subsection (b).
``(3) Report.--The Director of NIH shall include in the
report under section 402A(c) information on the activities of
the trans-disciplinary research centers for prematurity under
this subsection.
``(d) National Educational Campaign.--
``(1) Establishment.--The Secretary, acting through the
Surgeon General of the Public Health Service and in
consultation with the Director of the Eunice Kennedy Shriver
National Institute on Child Health and Human Development, shall
establish and implement a national science-based provider and
consumer education campaign on promoting healthy pregnancies
and preventing preterm birth.
``(2) Targeting.--The campaign established under paragraph
(1) shall target women of childbearing age, high risk
populations, ethnic and minority groups, individuals with a low
socioeconomic status, obstetricians and gynecologists, nurse
practitioners, certified nurse-midwives, certified midwives,
and other health care providers.''.
SEC. 4. RESEARCH AND ACTIVITIES AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) Epidemiological Studies.--Section 3 of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early Act (42
U.S.C. 247b-4f) is amended by striking subsection (b) and inserting the
following:
``(b) Studies and Activities on Preterm Birth.--
``(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, shall, subject to the
availability of appropriations--
``(A) conduct ongoing epidemiological studies on
the clinical, biological, social, environmental,
genetic, and behavioral factors relating to
prematurity;
``(B) conduct activities to improve national data
to facilitate tracking the burden of preterm birth;
``(C) develop, implement, and evaluate novel
methods for prevention to better understand the growing
problem of late preterm birth;
``(D) conduct etiologic and epidemiologic studies
of preterm birth;
``(E) expand research on racial and ethnic
disparities as they relate to preterm birth; and
``(F) conduct ongoing epidemiological studies on
the effectiveness of community based interventions.
``(2) Report.--Not later than 2 years after the date of
enactment of the PREEMIE Reauthorization Act, and every 2 years
thereafter, the Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and
Prevention, shall submit to the appropriate committees of
Congress reports concerning the progress and any results of
studies conducted under paragraph (1).''.
(b) Reauthorization.--Section 3(e) of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early Act (42
U.S.C. 247b-4f(e)) is amended by striking ``2011'' and inserting
``2016''.
SEC. 5. RESEARCH AND ACTIVITIES AT THE HEALTH RESOURCES AND SERVICES
ADMINISTRATION.
(a) Telemedicine Demonstration Project on High Risk Pregnancies.--
Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is
amended--
(1) by redesignating subsections (q) through (s) as
subsections (r) through (t), respectively;
(2) by inserting after subsection (p), the following:
``(q) Telemedicine Demonstration Project on High Risk
Pregnancies.--
``(1) In general.--The Director shall award grants under
this section to eligible entities to establish demonstration
projects for--
``(A) the provision of preconception, antepartum,
intrapartum, and obstetric services to high risk women
of child bearing age remotely by obstetricians and
gynecologists, nurse practitioners, certified nurse-
midwives, certified midwives, or other health care
providers using telehealth; and
``(B) for the conduct of educational activities
regarding risk factors for preterm birth.
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an entity shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director my require.''; and
(3) in subsection (t) (as so redesignated)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) for grants under subsection (q), $1,000,000 for each
of fiscal years 2012 through 2016.''.
(b) Public and Health Care Provider Education.--Section 399Q of the
Public Health Service Act (42 U.S.C. 280g-5) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking subparagraphs (A)
through (F) and inserting the following:
``(A) the core risk factors for preterm labor;
``(B) medically indicated deliveries before 39
weeks;
``(C) outcomes for infants born before 39 weeks;
``(D) risk factors for preterm delivery;
``(E) the importance of preconception and prenatal
care;
``(F) smoking cessation, hypertension, and weight
maintenance;
``(G) treatments and outcomes for babies born
premature;
``(H) the informational needs of families during
the stay of an infant in a neonatal intensive care
unit;
``(I) preventable birth injuries if evidence-based
strategies had been utilized;
``(J) depression; and
``(K) the use of progesterone;''; and
(B) by striking paragraph (2) and by redesignating
paragraphs (3) and (4) as paragraphs (2) and (3),
respectively;
(2) by redesignating subsection (c) as subsection (d) and
by inserting after subsection (b) the following new subsection:
``(c) Pilot Program.--
``(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and the heads of other appropriate agencies,
shall conduct (and report on) research studies and
demonstration projects that test maternity care models that are
designed to reduce the rate of preterm birth.
``(2) Grants.--The Secretary may carry out this subsection
through the awarding of grants to eligible entities.
``(3) Eligibility.--To be eligible to receive a grant under
this section an entity shall--
``(A) be--
``(i) a hospital or hospital systems that
utilizes evidence-based best practices; or
``(ii) a public or private nonprofit
entity; and
``(B) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require.
``(4) Targeting.--In awarding grants under this subsection,
the Secretary shall give priority to projects in geographic
areas with a demonstrated persistent high rate of preterm birth
based on data from the National Center on Health Statistics.'';
and
(3) in subsection (d), as redesignated by paragraph (2), by
striking ``2011'' and inserting ``2016''.
SEC. 6. OTHER ACTIVITIES.
(a) Advisory Committee on Infant Mortality.--
(1) Establishment.--The Secretary shall establish an
advisory committee known as the ``Advisory Committee on Infant
Mortality'' (referred to in this section as the ``Advisory
Committee'').
(2) Duties.--The Advisory Committee shall provide advice
and recommendations to the Secretary concerning the following
activities:
(A) Programs of the Department of Health and Human
Services that are directed at reducing infant mortality
and improving the health status of pregnant women and
infants.
(B) Factors affecting the continuum of care with
respect to maternal and child health care, including
outcomes following childbirth and specifically preterm
birth.
(C) Strategies to coordinate the various Federal,
State, local, and private programs and efforts that are
designed to deal with the health and social problems
impacting infant mortality.
(D) Implementation of the Healthy Start program
under section 330H of the Public Health Service Act (42
U.S.C. 254c-8) and Healthy People 2020 infant mortality
objectives.
(E) Strategies to promote the collection of
improved linked maternal and infant perinatal data.
(F) Strategies to reduce preterm birth rates
through research, programs, and education.
(3) Plan for hhs preterm birth activities.--Not later than
1 year after the date of enactment of this section, the
Advisory Committee shall develop a plan for conducting and
supporting research education and programs on preterm birth
through the Department of Health and Human Services and shall
periodically review and revise the plan. The plan shall--
(A) provide for a broad range of research and
educational activities relating to biomedical,
epidemiological, psychosocial, translational, and
clinical activities, including studies on racial and
ethnic disparities in preterm birth rates;
(B) identify priorities among the programs and
activities of the Department of Health and Human
Services regarding preterm birth; and
(C) reflect input from a broad range of scientists,
patients, and advocacy groups.
(4) Membership.--The Secretary shall ensure that the
membership of the Advisory Committee includes the following:
(A) Representatives provided for in the original
charter of the Advisory Committee.
(B) A representative of the National Center for
Health Statistics.
(b) Patient Safety Study and Report.--
(1) In general.--The Secretary shall designate an
appropriate agency within the Department of Health and Human
Services to conduct a study on hospital readmissions of preterm
infants. Findings and recommendations resulting from such study
shall be based on data collected to address the following
questions and such other related questions which the Secretary
and such designated agency deem important:
(A) By State and by health care system, what is the
number and rate of inpatient readmission for infants
born preterm?
(B) What are the leading diagnoses at the time of
inpatient readmission for preterm infants?
(C) What is the average cost of treatment for
preterm infant readmissions by diagnosis, by health
care system, and by State?
(D) What percentage of readmissions are preventable
if evidence-based strategies had been utilized?
(E) What percentage of treatment cost is
attributable to preventable readmissions?
(F) What is the source of health insurance coverage
for preterm infants who are readmitted, such as through
publicly funded programs (including the Medicaid
program under title XIX of the Social Security Act and
the Children's Health Insurance Program under title XXI
of such Act), private health insurance, and self
payments of uninsured individuals?
(G) What evidence-based interventions are effective
in preventing readmission of preterm infants, including
measuring and reporting on quality of care and
outcomes?
(2) Report to secretary and congress.--Not later than 1
year after the date of the enactment of this Act, the agency
designated under paragraph (1) shall submit to the Secretary
and to Congress a report containing the findings and
recommendations resulting from the study conducted under such
subparagraph, including recommendations for hospital discharge
and follow-up procedures designed to reduce rates of
preventable hospital readmissions for preterm infants.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $1,000,000 for
fiscal year 2012. | Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act or the PREEMIE Reauthorization Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to expand, intensify, and coordinate NIH activities with respect to research on the causes of preterm labor and delivery, tools to detect, prevent, or reduce prevalence of preterm labor and delivery, and the care and treatment of preterm infants.
Establishes within NIH a multicenter clinical program to investigate problems in clinical obstetrics, improve the care and outcomes of neonates, and enhance the understanding of DNA and proteins as they relate to the underlying processes that lead to preterm birth.
Requires the Director to award grants for planning, establishing, improving, and providing basic operating support for transdisciplinary research centers for prematurity.
Requires the Secretary, acting through the Surgeon General, to establish and implement a national science-based provider and consumer education campaign on promoting healthy pregnancies and preventing preterm birth.
Reauthorizes provisions related to research on prematurity and preterm births and sets forth specific areas for such research.
Requires the Director of the Office for the Advancement of Telehealth to award grants to establish demonstration projects for: (1) obstetrical services for high risk women of child bearing age remotely using telehealth; and (2) educational activities regarding risk factors for preterm birth.
Expands a demonstration project to inform health care providers and the public and improve treatment and outcome for babies born preterm.
Requires the Secretary to establish the Advisory Committee on Infant Mortality.
Requires a study on hospital readmissions of preterm births. | {"src": "billsum_train", "title": "To reduce preterm labor and delivery and the risk of pregnancy-related deaths and complications due to pregnancy, and to reduce infant mortality caused by prematurity."} | 3,283 | 401 | 0.801421 | 2.382004 | 1.053584 | 5.11875 | 9.28125 | 0.93125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Assistance Eligibility
Verification Act of 2013''.
SEC. 2. INFORMATION COMPARISONS FOR USDA HOUSING ASSISTANCE PROGRAMS.
(a) In General.--Section 453(j) of the Social Security Act (42
U.S.C. 653(j)) is amended by adding at the end the following new
paragraph:
``(12) Information comparisons for usda housing assistance
programs.--
``(A) Furnishing of information by secretary of
agriculture.--Subject to the provisions of this
paragraph, the Secretary of Agriculture shall furnish
to the Secretary, on such periodic basis as determined
by the Secretary of Agriculture in consultation with
the Secretary, information in the custody of the
Secretary of Agriculture for comparison with
information in the National Directory of New Hires, in
order to obtain information in such Directory with
respect to individuals (including tenants) who are
applying for or participating in any housing program
under title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.), including the single family and
multifamily housing programs.
``(B) Requirement to seek minimum information.--The
Secretary of Agriculture shall seek information
pursuant to this paragraph only to the extent necessary
to verify the employment and income of individuals
described in subparagraph (A).
``(C) Duties of the secretary.--
``(i) Information disclosure.--The
Secretary, in consultation with the Secretary
of Agriculture, shall compare information in
the National Directory of New Hires with
information provided by the Secretary of
Agriculture with respect to individuals
described in subparagraph (A), and shall
disclose information in such Directory
regarding such individuals to the Secretary of
Agriculture, in accordance with this paragraph,
for the purposes specified in this paragraph.
``(ii) Condition on disclosure.--The
Secretary shall make disclosures in accordance
with clause (i) only to the extent that the
Secretary determines that such disclosures do
not interfere with the effective operation of
the program under this part.
``(D) Use of information by secretary of
agriculture.--The Secretary of Agriculture may use
information resulting from a data match pursuant to
this paragraph only--
``(i) for the purposes specified in
subparagraph (B); and
``(ii) after removal of personal
identifiers, to conduct analyses of the
employment and income reporting of individuals
described in subparagraph (B).
``(E) Disclosure of information by secretary of
agriculture.--
``(i) Purpose of disclosure.--The Secretary
of Agriculture may make a disclosure under this
subparagraph only for the purpose of verifying
the employment and income of individuals
described in subparagraph (A).
``(ii) Disclosures permitted.--Subject to
clause (iii), the Secretary of Agriculture may
disclose information resulting from a data
match pursuant to this paragraph only to the
owner of a property, the Inspector General of
the Department of Agriculture, and the Attorney
General in connection with the enforcement of
employment and income requirements for the
programs described in subparagraph (A).
Information obtained by the Secretary of
Agriculture pursuant to this paragraph shall
not be made available under section 552(b)(3)
of title 5, United States Code.
``(iii) Conditions on disclosure.--
Disclosures under this paragraph shall be--
``(I) made in accordance with data
security and control policies
established by the Secretary of
Agriculture and approved by the
Secretary;
``(II) subject to audit in a manner
satisfactory to the Secretary; and
``(III) subject to the sanctions
under subsection (l)(2).
``(iv) Additional disclosures.--
``(I) Determination by
secretaries.--The Secretary of
Agriculture and the Secretary shall
determine whether to permit disclosure
of information under this paragraph to
persons or entities described in
subclause (II), based on an evaluation
made by the Secretary of Agriculture
(in consultation with and approved by
the Secretary), of the costs and
benefits of disclosures made under
clause (ii) and the adequacy of
measures used to safeguard the security
and confidentiality of information so
disclosed.
``(II) Permitted persons or
entities.--If the Secretary of
Agriculture and the Secretary determine
pursuant to subclause (I) that
disclosures to additional persons or
entities shall be permitted,
information under this paragraph may be
disclosed by the Secretary of
Agriculture to a private owner of a
property and a management agent, in
connection with the administration of a
program described in subparagraph (A),
subject to the conditions in clause
(iii) and such additional conditions as
agreed to by the Secretaries.
``(v) Restrictions on redisclosure.--A
person or entity to which information is
disclosed under this subparagraph may use or
disclose such information only as needed for
verifying the employment and income of
individuals described in subparagraph (A),
subject to the conditions in clause (iii) and
such additional conditions as agreed to by the
Secretaries.
``(F) Reimbursement of hhs costs.--The Secretary of
Agriculture shall reimburse the Secretary, in
accordance with subsection (k)(3), for the costs
incurred by the Secretary in furnishing the information
requested under this paragraph.
``(G) Consent.--The Secretary of Agriculture shall
not seek, use, or disclose information under this
paragraph relating to an individual without the prior
written consent of such individual (or of a person
legally authorized to consent on behalf of such
individual).''.
(b) Amendment to the Internal Revenue Code.--Section 6103(l)(7)(D)
of the Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(7)(D)) is
amended--
(1) in clause (viii), by striking the ``and'' at the end;
(2) in clause (ix), by striking the period at the end and
inserting ``, and''; and
(3) by inserting after clause (ix) the following new
clause:
``(x) any housing program under title V of
the Housing Act of 1949 (42 U.S.C. 1471 et
seq.).''. | Housing Assistance Eligibility Verification Act of 2013 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Act to direct the Secretary of Agriculture (USDA) to furnish to the Secretary of Health and Human Service (HHS) information in the Federal Parent Locator Service (FPLS) and other USDA sources for comparison with information in the National Directory of New Hires, in order to obtain information in the Directory with respect to individuals (including tenants) who are applying for or participating in any housing program under the Housing Act that extends financial assistance, through the Farmers Home Administration, to owners of farms and other real estate, among other such parties. Requires USDA to seek information, and make information disclosures, only to the extent necessary to verify an individual's employment and income. Requires the Secretary of HHS to: (1) compare information in the National Directory with information provided by USDA about such individuals; and (2) disclose to USDA, in turn, National Directory information about them. Authorizes USDA to use the information resulting from a data match to: (1) verify the employment and income of such individuals; and (2) analyze such information after the removal of personal identifiers. Sets forth rules for the types of disclosures permitted and conditions on disclosure. Amends the Internal Revenue Code to apply to farm housing programs under the Housing Act of 1949 the requirement that the Commissioner of Social Security and the Secretary of the Treasury disclose return information on earned, retirement, and unearned income to federal, state, and local agencies administering certain programs under the Social Security Act, the Food Stamp Act of 1977, or veterans programs, or certain housing assistance programs. | {"src": "billsum_train", "title": "Housing Assistance Eligibility Verification Act of 2013"} | 1,374 | 357 | 0.668833 | 2.020526 | 0.750325 | 2.481707 | 3.85061 | 0.79878 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The international traffic in illicit drugs,
particularly along the Southwest Border, poses a serious threat
to the national security of the United States and to every
nation where the production, transit, or consumption of such
drugs occurs.
(2) The United States considers combating international
drug cartels to be one of its highest national security and
foreign policy priorities.
(3) In order to reduce and eliminate the illicit drug
trade, the United States and countries where substantial
production or transit of such drugs occurs must cooperate to
eradicate and interdict supplies of such drugs and to penetrate
the operations of major drug traffickers.
(4) It is in the national interest that the President
explore all possible mechanisms, including bilateral agreements
and other plans on counternarcotics matters, in order to
facilitate cooperation in joint counternarcotics programs and
to better assist other governments in developing effective
counternarcotics programs within their territories.
(5) The bilateral agreements and other plans on
counternarcotics matters to which the United States is a party
should establish concrete and measurable goals with transparent
benchmarks for measuring progress in the achievement of such
goals.
SEC. 2. INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO
CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG
AGREEMENTS AND PLANS WITH THE UNITED STATES.
(a) In General.--Section 490 of the Foreign Assistance Act of 1961
(22 U.S.C. 2291j) is amended by adding at the end the following:
``(i) Inapplicability to Certain Countries Having Bilateral
Counterdrug Agreements and Plans With the United States.--
``(1) Inapplicability.--Subsections (a) through (g) shall
not apply in a fiscal year to a country to which such
subsections would otherwise apply in that fiscal year if the
President determines, not later than December 31 of that fiscal
year and after consultation with the Secretary of State, the
Secretary of the Treasury, the Attorney General, the Director
of the Office of National Drug Control Policy, the Director of
the Federal Bureau of Investigation, the Administrator of the
Drug Enforcement Administration, the Commissioner of
Immigration and Naturalization, and the Commissioner of
Customs, that--
``(A) the country is a party to a bilateral
agreement and other plans with the United States, which
agreement and plans together--
``(i) are consistent with the goals and
objectives established by international
agreements on the illicit trafficking and abuse
of narcotics and psychotropic drugs to which
the United States and the country are parties;
``(ii) address issues relating to the
control of illicit drugs, including production,
distribution, and interdiction, demand
reduction, the activities of criminal
organizations, cooperation among law
enforcement agencies (including the exchange of
information and evidence), extradition of
individuals involved in drug-related criminal
activity, border security, money laundering,
firearms trafficking, corruption, control of
chemicals, asset forfeiture, and training and
technical assistance; and
``(iii) include timetables and objective
and measurable standards to assess the progress
made by both countries with respect to such
issues; and
``(B) progress is being made in accordance with the
agreement and plans with respect to the control of
illicit drugs.
``(2) Reports.--Not later than December 31 and June 30 of a
fiscal year, the President shall submit to Congress a report on
the progress made with respect to the control of illicit drugs
by each country determined to be covered by paragraph (1) for
that fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to the withholding of bilateral assistance and opposition
to multilateral assistance under section 490 of the Foreign Assistance
Act of 1961 for fiscal years after fiscal year 1999. | Amends the Foreign Assistance Act of 1961 to declare that certain annual certifications made to Congress that allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance provided certain conditions are met shall not apply to such countries if the President determines that: (1) such countries are a party to a bilateral agreement that calls for the control of illicit drugs; and (2) progress is being made in accordance with the agreement with respect to the control of illicit drugs. | {"src": "billsum_train", "title": "A bill to provide that the annual drug certification procedures under the Foreign Assistance Act of 1961 not apply to certain countries with which the United States has bilateral agreements and other plans relating to counterdrug activities, and for other purposes."} | 852 | 109 | 0.500487 | 1.413239 | 0.885248 | 3.080808 | 8.030303 | 0.878788 |
SECTION 1. DEFINITIONS.
For the purposes of this act, the following definitions apply:
(1) Jicarilla apache nation.--The term ``Jicarilla Apache
Nation'' means the Jicarilla Apache Nation, a tribe of American
Indians recognized by the United States and organized under
section 16 of the Act of June 18, 1934 (25 U.S.C. 476;
popularly known as the Indian Reorganization Act).
(2) 1988 reservation addition.--The term ``1988 Reservation
Addition'' means those lands known locally as the Theis Ranch
that were added to the Jicarilla Apache Reservation in the
state of New Mexico by the proclamation of the Secretary of the
Interior issued on September 1, 1988 pursuant to authority
granted by section 7 of the Act of June 18, 1934 (25 U.S.C.
467; popularly known as the Indian Reorganization Act), and
published in the Federal Register on September 26, 1988 at 53
F.R. 37355-56.
(3) Settlement agreement.--The term ``Settlement
Agreement'' means the agreement executed by the President of
the Jicarilla Apache Nation on May 6, 2003 and executed by the
Chairman of the Rio Arriba Board of County Commissioners on May
15, 2003 and approved by the Department of the Interior on June
18, 2003 to settle the Lawsuit.
(4) Lawsuit.--The term ``Lawsuit'' means the case
identified as Jicarilla Apache Tribe v. Board of County
Commissioners, County of Rio Arriba, No. RA 87-2225(C), State
of New Mexico District Court, First Judicial District, filed in
October 1987.
(5) Rio arriba county.--The term ``Rio Arriba County''
means the political subdivision of the state of New Mexico
described in Section 4-21-1 and Section 4-21-2, New Mexico
Statutes Annotated 1978 (Original Pamphlet).
(6) Settlement lands.--The term ``Settlement Lands'' means
Tract A and Tract B as described in the plat of the ``Dependent
Resurvey and Survey of Tract within Theis Ranch'' within the
Tierra Amarilla Grant, New Mexico prepared by Leo P. Kelley,
Cadastral Surveyor, United States Department of the Interior,
Bureau of Land Management, dated January 7, 2004, and recorded
in the office of the Rio Arriba County Clerk on March 8, 2004,
in Cabinet C-1, Page 199, Document No. 242411, consisting of
70.75 acres more or less. Title to the Settlement Lands is held
by the United States in trust for the Jicarilla Apache Nation.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Disputed county road.--The term ``Disputed County
Road'' means the county road passing through the 1988
Reservation Addition along the course identified in the
judgment entered by the New Mexico District Court in the
Lawsuit on December 10, 2001 and the decision entered on
December 11, 2001, which judgment and decision have been
appealed to the New Mexico Court of Appeals.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The lands constituting the 1988 Reservation Addition to
the Jicarilla Apache Reservation were purchased by the
Jicarilla Apache Nation in June 1985 and were conveyed to the
United States by a trust deed accepted by the Secretary of the
Interior in March 1988 pursuant to authority granted by section
5 of the Act of June 18, 1934 (25 U.S.C. 465; popularly known
as the Indian Reorganization Act).
(2) The lands constituting the 1988 Reservation Addition
were added to the Jicarilla Apache Reservation in September
1988 by proclamation of the Secretary of the Interior pursuant
to authority granted by section 7 of the Act of June 18, 1934
(25 U.S.C. 467; popularly known as the Indian Reorganization
Act).
(3) There is pending before the Court of Appeals of the
State of New Mexico a lawsuit, filed in October 1987, that
involves a claim that a county road passing through the 1988
Reservation Addition had been established by prescription prior
to acquisition of the land by the Jicarilla Apache Nation in
1985.
(4) The parties to that lawsuit, the Jicarilla Apache
Nation and the County of Rio Arriba, have executed a Settlement
Agreement, approved by the Secretary of the Interior, to
resolve all claims relating to the disputed county road, which
agreement requires ratifying legislation by the Congress of the
United States.
(5) The parties to the Settlement Agreement desire to
settle the claims relating to the disputed county road on the
terms agreed to by the parties, and it is in the best interests
of the parties to resolve the claims through the Settlement
Agreement and this implementing legislation.
SEC. 3. CONDITION ON EFFECT OF SECTION.
(a) In General.--Section 4 of this Act shall not take effect until
the Secretary finds the following events have occurred:
(1) The Board of Commissioners of Rio Arriba County has
enacted a resolution permanently abandoning the disputed county
road and has submitted a copy of that resolution to the
Secretary.
(2) The Jicarilla Apache Nation has executed a quitclaim
deed to Rio Arriba County for the Settlement Lands subject to
the exceptions identified in the Settlement Agreement and has
submitted a copy of the quitclaim deed to the Secretary.
(b) Publication of Findings.--If the Secretary finds that the
conditions set forth in subsection (a) have occurred, the Secretary
shall publish such findings in the Federal Register.
SEC. 4. RATIFICATION OF CONVEYANCE; ISSUANCE OF PATENT.
(a) Conditional Ratification and Approval.--This Act ratifies and
approves the Jicarilla Apache Nation's quitclaim deed for the
Settlement Lands to Rio Arriba County, but such ratification and
approval shall be effective only upon satisfaction of all conditions in
section 3, and only as of the date that the Secretary's findings are
published in the Federal Register pursuant to section 3.
(b) Patent.--Following publication of the notice described in
section 3, the Secretary shall issue to Rio Arriba County a patent for
the Settlement Lands, subject to the exceptions and restrictive
covenants described subsection (c).
(c) Conditions of Patent.--The patent to be issued by the Secretary
under subsection (b) shall be subject to all valid existing rights of
third parties, including but not limited to easements of record, and
shall include the following perpetual restrictive covenant running with
the Settlement Lands for the benefit of the lands comprising the
Jicarilla Apache Reservation adjacent to the Settlement Lands: ``Tract
A shall be used only for governmental purposes and shall not be used
for a prison, jail or other facility for incarcerating persons accused
or convicted of a crime. For purposes of this restrictive covenant,
`governmental purposes' shall include the provision of governmental
services to the public by Rio Arriba County and the development and
operation of private businesses to the extent permitted by applicable
State law.''.
SEC. 5. BOUNDARY CHANGE.
Upon issuance of the patent authorized by section 4, the lands
conveyed to Rio Arriba County in the patent shall cease to be a part of
the Jicarilla Apache Reservation and the exterior boundary of the
Jicarilla Apache Reservation shall be deemed relocated accordingly.
Passed the House of Representatives September 27, 2006.
Attest:
KAREN L. HAAS,
Clerk. | States that the ratification and approval of the Jicarilla Apache Nation's deed for specified settlement lands and the issuance of a patent pursuant to this Act shall not take effect until the Secretary of the Interior finds the following events have occurred: (1) the Board of Commissioners of the Rio Arriba County, New Mexico, has enacted a resolution permanently abandoning a specified disputed county road and has submitted a copy of that resolution to the Secretary; and (2) the Jicarilla Apache Nation has executed a quitclaim deed to Rio Arriba County for specified settlement lands subject to the exceptions identified in the Settlement Agreement and has submitted a copy of such deed to the Secretary. Requires the Secretary to publish such findings in the Federal Register.
Ratifies and approves the Jicarilla Apache Nation's quitclaim deed for the settlement lands to the County, but such ratification and approval shall be effective only upon satisfaction of all conditions specified above and only as of the date that the Secretary's findings are published in the Federal Register.
Requires the Secretary to issue to the County a patent for the settlement lands. Subjects the patent to all valid existing rights of third parties, including but not limited to easements of record. Requires that the patent include a specified perpetual restrictive covenant running with the Settlement Lands for the benefit of the lands comprising the Jicarilla Apache Reservation adjacent to the Settlement Lands.
Provides that the lands conveyed to the County in such patent shall cease to be a part of the Jicarilla Apache Reservation and the exterior boundary of the Reservation shall be deemed relocated accordingly. | {"src": "billsum_train", "title": "To ratify a conveyance of a portion of the Jicarilla Apache Reservation to Rio Arriba County, State of New Mexico, pursuant to the settlement of litigation between the Jicarilla Apache Nation and Rio Arriba County, State of New Mexico, to authorize issuance of a patent for said lands, and to change the exterior boundary of the Jicarilla Apache Reservation accordingly, and for other purposes."} | 1,670 | 364 | 0.567435 | 1.920831 | 0.612464 | 6.281356 | 4.972881 | 0.972881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Main Street Employee Ownership Act
of 2018''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator''
means the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``cooperative'' means an entity that is
determined to be a cooperative by the Administrator, in
accordance with applicable Federal and State laws and
regulations;
(3) the term ``employee-owned business concern'' means--
(A) a cooperative in which employees are eligible
for membership; and
(B) a qualified employee trust;
(4) the terms ``qualified employee trust'' and ``small
business concern'' have the meanings given those terms in
section 3 of the Small Business Act (15 U.S.C. 632); and
(5) the term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648).
SEC. 3. EXPANSION OF 7(A) LOANS.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended--
(1) in paragraph (15)--
(A) in subparagraph (A)--
(i) by striking ``this subsection to
qualified employee trusts'' and inserting
``this subsection--
``(i) to qualified employee trusts'';
(ii) in clause (i), as so designated--
(I) by inserting ``, and for any
transaction costs associated with
purchasing,'' after ``purchasing'';
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) to a small business concern under a plan
approved by the Administrator, if the proceeds from the
loan are only used to make a loan to a qualified
employee trust, and for any transaction costs
associated with making that loan, that results in the
qualified employee trust owning at least 51 percent of
the small business concern.'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``or by the small business concern''
after ``the trustee of such trust'';
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) in clause (iii), by striking the
period at the end and inserting ``, and''; and
(iv) by adding at the end the following:
``(iv) with respect to a loan made to a trust, or
to a cooperative in accordance with paragraph (35)--
``(I) a seller of the small business
concern may remain involved as an officer,
director, or key employee of the small business
concern when a qualified employee trust or
cooperative has acquired 100 percent of
ownership of the small business concern; and
``(II) any seller of the small business
concern who remains as an owner of the small
business concern, regardless of the percentage
of ownership interest, shall be required to
provide a personal guarantee by the
Administration.''; and
(C) by adding at the end the following:
``(F) A small business concern that makes a loan to a
qualified employee trust under subparagraph (A)(ii) is not
required to contain the same terms and conditions as the loan
made to the small business concern that is guaranteed by the
Administration under such subparagraph.
``(G) With respect to a loan made to a qualified employee
trust under this paragraph, or to a cooperative in accordance
with paragraph (35), the Administrator may, as deemed
appropriate, elect to not require any mandatory equity to be
provided by the qualified employee trust or cooperative to make
the loan.''; and
(2) by adding at the end the following:
``(35) Loans to cooperatives.--
``(A) Definition.--In this paragraph, the term
`cooperative' means an entity that is determined to be
a cooperative by the Administrator, in accordance with
applicable Federal and State laws and regulation.
``(B) Authority.--The Administration shall
guarantee loans made to a cooperative for the purpose
described in paragraph (15).''.
(b) Delegation of Authority to Preferred Lenders.--Section 5(b)(7)
of the Small Business Act (15 U.S.C. 634(b)(7)) is amended by inserting
``, including loans guaranteed under paragraph (15) or (35) of section
7(a)'' after ``deferred participation loans''.
SEC. 4. SMALL BUSINESS INVESTMENT COMPANY PROGRAM OUTREACH.
The Administrator shall provide outreach and educational materials
to companies licensed under section 301(c) of the Small Business
Investment Act of 1958 (15 U.S.C. 681(c)) to increase the use of funds
to make investments in company transitions to employee-owned business
concerns.
SEC. 5. SMALL BUSINESS MICROLOAN PROGRAM OUTREACH.
The Administrator shall provide outreach and educational materials
to intermediaries under section 7(m) of the Small Business Act (15
U.S.C. 636(m)) to increase the use of funds to make loans to employee-
owned business concerns, including transitions to employee-owned
business concerns.
SEC. 6. SMALL BUSINESS DEVELOPMENT CENTER OUTREACH AND ASSISTANCE.
(a) Establishment.--The Administrator shall establish a Small
Business Employee Ownership and Cooperatives Promotion Program to offer
technical assistance and training on the transition to employee
ownership through cooperatives and qualified employee trusts.
(b) Small Business Development Centers.--
(1) In general.--In carrying out the program established
under subsection (a), the Administrator shall enter into
agreements with small business development centers under which
the centers shall--
(A) provide access to information and resources on
employee ownership through cooperatives or qualified
employee trusts as a business succession strategy;
(B) conduct training and educational activities;
and
(C) carry out the activities described in
subparagraph (U) of section 21(c)(3) of the Small
Business Act (15 U.S.C. 648(c)(3)).
(2) Additional services.--Section 21(c)(3) of the Small
Business Act (15 U.S.C. 648(c)(3)) is amended--
(A) in subparagraph (S), by striking ``and'' at the
end;
(B) in subparagraph (T), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(U) encouraging and assisting the provision of succession
planning to small business concerns with a focus on
transitioning to cooperatives, as defined in section 7(a)(35),
and qualified employee trusts (collectively referred to in this
subparagraph as `employee-owned business concerns'), including
by--
``(i) providing training to individuals to promote
the successful management, governance, or operation of
a business purchased by those individuals in the
formation of an employee-owned business concern;
``(ii) assisting employee-owned business concerns
that meet applicable size standards established under
section 3(a) with education and technical assistance
with respect to financing and contracting programs
administered by the Administration;
``(iii) coordinating with lenders on conducting
outreach on financing through programs administered by
the Administration that may be used to support the
transition of ownership to employees;
``(iv) supporting small business concerns in
exploring or assessing the possibility of transitioning
to an employee-owned business concern; and
``(v) coordinating with the cooperative development
centers of the Department of Agriculture, the land
grant extension network, the Manufacturing Extension
Partnership, community development financial
institutions, employee ownership associations and
service providers, and local, regional and national
cooperative associations.''.
SEC. 7. INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator (or a designee of the Administrator)
shall coordinate and chair an interagency working group, which shall--
(1) develop recommendations on how Federal programs can
promote, support, and increase the number of employee-owned
business concerns;
(2) ensure coordination with Federal agencies and national
and local employee ownership, cooperative, and small business
organizations; and
(3) publish a report on the activities of the interagency
working group that is indexed and maintained for public review.
(b) Meetings.--The interagency working group shall meet at such
times as determined necessary by the, but not less than biannually.
Such meetings may occur in person or via electronic resources.
SEC. 8. AMENDMENT TO REPORT TO CONGRESS ON STATUS OF EMPLOYEE-OWNED
FIRMS.
Section 7(a)(15)(E) of the Small Business Act (15 U.S.C.
636(a)(15)(E)) is amended by striking ``Administration.'' and inserting
``Administration, which shall include--
``(i) the total number of loans made to
employee-owned business concerns that were
guaranteed by the Administrator under section
7(a) of the Small Business Act (15 U.S.C.
636(a)) or section 502 of the Small Business
Investment Act of 1958 (15 U.S.C. 696),
including the number of loans made--
``(I) to small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
and
``(II) to cooperatives in which
employees are eligible for membership;
``(ii) the total number of financings made
to employee-owned business concerns by
companies licensed under section 301(c) of the
Small Business Investment Act of 1958 (15
U.S.C. 696(c)), including the number of
financings made--
``(I) to small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
and
``(II) to cooperatives in which
employees are eligible for membership;
and
``(iii) any outreach and educational
activities conducted by the Administration with
respect to employee-owned business concerns.''.
SEC. 9. REPORT ON COOPERATIVE LENDING.
(a) Sense of Congress.--It is the sense of Congress that
cooperatives have a unique business structure and are unable to access
the lending programs of the Administration effectively due to loan
guarantee requirements that are incompatible with the business
structure of cooperatives.
(b) Study and Report.--
(1) Study.--The Administrator, in coordination with
lenders, stakeholders, and Federal agencies, shall study and
recommend practical alternatives for cooperatives that will
satisfy the loan guarantee requirements of the Administration.
(2) Report.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall submit to
Congress the recommendations developed under paragraph (1) and
a plan to implement such recommendations.
SEC. 10. AMENDMENT TO DEFINITION OF QUALIFIED EMPLOYEE TRUST.
Section 3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C.
632(c)(2)(A)(ii)) is amended to read as follows:
``(ii) which provides that each participant is
entitled to direct the plan trustee as to the manner of
how to vote the qualified employer securities (as
defined in section 4975(e)(8) of the Internal Revenue
Code of 1986), which are allocated to the account of
such participant with respect to a corporate matter
which (by law or charter) must be decided by a vote
conducted in accordance with section 409(e) of the
Internal Revenue Code of 1986; and''.
Passed the House of Representatives May 8, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Main Street Employee Ownership Act of 2018 This bill amends the Small Business Act to expand the authority of the Small Business Administration (SBA) to guarantee loans for qualified employee trusts of a small business to purchase the stock of that business. Specifically, the bill allows the guaranteed loan to also cover transactions costs associated with purchasing the stock. In addition, it allows loans to a small business to be guaranteed if the loan proceeds will: (1) be used to provide loans to a qualified employee trust of the small business to purchase the business's stock; and (2) result in the trust owning at least 51% of the business's stock. The SBA must guarantee loans to cooperatives in which employees are eligible for membership for such stock purchases. The SBA shall: (1) provide outreach and educational materials to licensed small business investment companies to increase investment in transitions to employee-owned businesses, and (2) establish a Small Business Employee Ownership and Cooperative Promotion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified employee trusts. The Administrator of the SBA shall coordinate an interagency working group on employee-owned businesses. | {"src": "billsum_train", "title": "Main Street Employee Ownership Act of 2018"} | 2,686 | 241 | 0.543747 | 1.513918 | 0.877634 | 2.791111 | 10.626667 | 0.862222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GI Internship Program Act''.
SEC. 2. PROGRAM ON PROVISION OF CAREER TRANSITION SERVICES TO YOUNG
VETERANS.
(a) In General.--Subchapter II of chapter 33 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3320. Career transition internship program
``(a) In General.--The internship program described in subsection
(b) shall be deemed to be an approved program of education for purposes
of this chapter.
``(b) Internship Program.--The Secretary of Veterans Affairs shall
establish a program to match individuals entitled to educational
assistance under this chapter with eligible employers providing
internships for the purpose of--
``(1) providing such individuals with work experience in
the civilian sector;
``(2) addressing the growing skills gap in the United
States economy;
``(3) increasing the marketable skills of such individuals;
and
``(4) assisting such individuals in obtaining long-term
employment.
``(c) Eligible Employers.--
``(1) In general.--For purposes of the program, an eligible
employer is an employer determined by the Secretary to meet
such criteria for participation in the program as the Secretary
shall establish for purposes of the program.
``(2) Past performance on certain matters.--The criteria
established by the Secretary under paragraph (1) may include
past performance of an employer with respect to the following:
``(A) Job training, basic skills training, and
related activities.
``(B) Financial accountability.
``(C) Demonstrated need to hire, desire to grow,
and plan to grow.
``(D) Demonstrated high potential for growth and
long-term job creation.
``(3) For-profit and not-for-profit employers.--The
employers determined by the Secretary to be eligible employers
under paragraph (1) may include both for-profit and not-for-
profit employers.
``(4) Small business concerns.--In determining employers to
be eligible employers under paragraph (1), the Secretary shall
ensure that small business concerns (under the meaning given
that term under section 3(a) of the Small Business Act (15
U.S.C. 632(a))) are afforded opportunities to participate in
the program.
``(5) Manufacturing.--In determining employers to be
eligible employers under paragraph (1), the Secretary shall
give special consideration to employers in the manufacturing
sector.
``(6) Exclusions.--The following employers may not be
determined to be eligible employers under paragraph (1):
``(A) An agency of the Federal Government or a
State or local government.
``(B) An employer that has previously participated
in the program and, as determined by the Secretary,
failed to abide by any requirement of the program.
``(C) An employer that cannot give an assurance to
the Secretary at the time of application for
participation in the program under subsection (f), and
in such manner as the Secretary shall specify pursuant
to that subsection, on each matter as follows:
``(i) That the employer has not been
investigated or subject to a case or action by
the Federal Trade Commission during the 180-day
period ending on the date the employer would
otherwise commence participation in the
program.
``(ii) That the employer has been in good
standing with a State business bureau during
the period described in clause (i).
``(iii) That the employer is not delinquent
with respect to payment of any taxes or
employer contributions described under sections
3301 and 3302(a)(1) of the Internal Revenue
Code of 1986 (26 U.S.C. 3301 and 3302(a)(1)).
``(iv) That the employer would not request
the placement of an additional eligible
individual under the program, if after such
additional placement, the number of eligible
individuals placed in internships at such
employer under the program would constitute
more than 10 percent of the eligible employer's
workforce. For purposes of the previous
sentence, being an intern under the program
placed at an employer shall be considered part
of the employer's workforce.
``(v) That the employer has the intention
of retaining eligible participants after such
participants have completed participation in
the program.
``(d) Internships.--
``(1) In general.--For each individual entitled to
educational assistance under this chapter whom the Secretary
approves for participation in the program established under
subsection (b), the Secretary shall attempt to place such
individual in an internship on a full-time basis with an
eligible employer that the Secretary has approved for
participation in the program. For each month such an individual
participates in such an internship on a full-time basis, the
Secretary shall pay to the individual the amount of educational
assistance described in section 3313(g)(3)(B) of this title.
``(2) Duration.--Each internship under the program shall be
for a period of at least 180 days but not more than one year.
``(3) Employment status.--For purposes of the Patient
Protection and Affordable Care Act (Public Law 111-148), an
individual placed in an internship with an eligible employer
under the program shall be considered an employee of the
Department of Veterans Affairs and not the eligible employer
during the period of such internship under the program.
``(4) Relation to other federal assistance.--
Notwithstanding any other provision of law, pay received by an
individual under this subsection may not be used in any
calculation to determine the eligibility of such individual for
any Federal program for the purpose of obtaining child care
assistance.
``(5) Certification.--For each month that an individual
participates in an internship under the program established by
subsection (b), the individual and the eligible employer
providing the internship shall submit to the Secretary
certification that the individual worked at least 35 hours each
week for the eligible employer performing functions that
provided the individual with valuable experience.
``(e) Participation.--
``(1) Application.--
``(A) In general.--An eligible employer or
individual seeking to participate in the program shall
submit to the Secretary an application therefor at such
time, in such manner, and containing such information
as the Secretary shall specify.
``(B) Requirements for eligible employers.--An
application submitted by an eligible employer under
subparagraph (A) shall include a certification or other
information, in such form and manner as the Secretary
shall specify, on each of the assurances required by
subsection (c)(5)(C), including the assurance that the
employer has the intention of retaining eligible
participants after they have completed participation in
the program as provided in clause (v) of that
subsection.
``(2) Time of application for certain eligible
individuals.--A member of the Armed Forces on active duty who
expects to be entitled for educational assistance under this
chapter may submit an application to participate in the program
not earlier than 180 days before the date on which the member
expects to be discharged or released from the Armed Forces.
``(3) Selection.--The Secretary shall review each
application submitted by an applicant under paragraph (1) and
approve or disapprove the applicant for participation in the
program.
``(f) Outreach.--
``(1) In general.--The Secretary of Veterans Affairs and
the Secretary of Labor shall jointly carry out a program of
outreach to inform eligible employers and eligible individuals
about the program and the benefits of participating in the
program.
``(2) Internet portal.--The Secretary of Veterans Affairs
and the Secretary of Labor shall work together to create and
publicize an Internet website to serve as a portal for eligible
individuals and eligible employers to learn about the program
and apply.
``(3) Included locations and groups.--The Secretary of
Veterans Affairs and the Secretary of Labor shall ensure that
any outreach program and activities conducted under paragraph
(1) include, to the extent practicable, rural communities,
tribal lands of the United States, Native Americans, and tribal
organizations (as defined in section 3765 of title 38, United
States Code).
``(g) Minimization of Burdens on Participating Employers.--The
Secretary shall take such measures as may be necessary to minimize
administrative burdens incurred by eligible employers due to
participation in the program and to ensure that employer participation
in the program is at no cost to the employer.
``(h) Reports.--
``(1) In general.--Not later than 45 days after the
completion of the first year of the program and not later than
90 days after the completion of the second and third years of
the program, the Secretary shall submit to Congress a report on
the program.
``(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
``(A) An evaluation of the program.
``(B) The number and characteristics of
participants in the program.
``(C) The number and types of internships in which
individuals were placed under the program.
``(D) The number of individuals who obtained long-
term full-time unsubsidized employment positions after
participation in the program, the hourly wage and
nature of such employment, and if available, whether
such individuals were still employed in such positions
three months after obtaining such positions.
``(E) An assessment of the effect of the program on
earnings of the individuals who participated and the
employment of such individuals.
``(F) Such recommendations for legislative and
administrative action as the Secretary may have to
improve the program, to expand the program, or to
improve the employment of individuals entitled to
educational assistance under this chapter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3319 the following new item:
``3320. Career transition internship program.''. | GI Internship Program Act - Directs the Secretary of Veterans Affairs (VA) to establish a career transition internship program to match individuals who are eligible for veterans' educational assistance with employers to: (1) provide such individuals with work experience in the civilian sector, (2) address the growing skills gap in the U.S. economy, (3) increase the marketable skills of such individuals, and (4) assist such individuals in obtaining long-term employment. Requires the Secretary to establish criteria employers must meet to participate in the program. Excludes as program employers: (1) federal, state, and local government agencies; (2) employers who cannot provide the Secretary with certain assurances, including their intention to retain interns after their internship ends; and (3) employers that have previously participated in the program and failed to abide by its requirements. Directs the Secretary to pay individuals who are full-time participants in such an internship the amount of educational assistance they are due. Requires each internship to last for at least 180 days but for no more than one year. Considers each intern to be an employee of the VA for purposes of the Patient Protection and Affordable Care Act. Requires each intern and employer to provide the Secretary with a monthly certification that the intern worked at least 35 hours each week performing functions that provided the individual with valuable experience. Directs the Secretary and the Secretary of Labor to create and publicize an Internet website to serve as a portal for eligible individuals and employers to learn about the program and apply. Allows individuals to apply within 180 days of their expected discharge or release from the Armed Forces. Directs the VA Secretary to minimize the administrative burdens incurred by employers due to their participation in the program and ensure that employer participation is at no cost to the employer. | {"src": "billsum_train", "title": "GI Internship Program Act"} | 2,099 | 369 | 0.603197 | 1.731004 | 0.904563 | 3.217391 | 6.02029 | 0.892754 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Crime Victims' Rights Act
of 2013''.
SEC. 2. EXTENSION OF CRIME VICTIMS' RIGHTS TO VICTIMS OF OFFENSES UNDER
THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Victims' Rights.--
(1) In general.--Subchapter I of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by adding at the end the following new section
(article):
``Sec. 806b. Art. 6b. Victims' rights of victims of offenses under this
chapter
``(a) Rights.--Any individual who is the victim of an offense under
this chapter (the Uniform Code of Military Justice), regardless of
whether such individual is a member of the Armed Forces (in this
section referred to as a `victim of a military crime'), has the
following rights:
``(1) The right to be reasonably protected from the
accused.
``(2) The right to reasonable, accurate, and timely notice
of any public proceeding in an investigation under section 832
of this title (article 32), court-martial, involuntary plea
hearing, pre-sentencing hearing, or parole hearing involving
the offense or of any release or escape of the accused.
``(3) The right not to be excluded from any such public
proceeding, referred to in paragraph (2) unless the military
judge, after receiving clear and convincing evidence,
determines that testimony by the victim would be materially
altered if the victim heard other testimony at that proceeding.
``(4) The right to be reasonably heard at any public
proceeding referred to in paragraph (2).
``(5) The reasonable right to confer with the trial counsel
in the case.
``(6) The right to full and timely restitution as provided
in law.
``(7) The right to proceedings free from unreasonable
delay.
``(8) The right to be treated with fairness and with
respect for the victim's dignity and privacy.
``(b) Rights Afforded.--In any court-martial proceeding involving
an offense against a victim of a military crime, the military judge
shall ensure that the victim is afforded the rights described in
subsection (a). Before making a determination described in subsection
(a)(3), the military judge shall make every effort to permit the
fullest attendance possible by the victim and shall consider reasonable
alternatives to the exclusion of the victim from the criminal
proceeding. The reasons for any decision denying relief under this
subsection shall be clearly stated on the record.
``(c) Best Efforts To Accord Rights.--(1) Military judges, trial
and defense counsel, military criminal investigation organizations,
services, and personnel, and other members and personnel of the
Department of Defense engaged in the detection, investigation, or
prosecution of offenses under this chapter (the Uniform Code of
Military Justice) shall make their best efforts to see that victims of
military crimes are notified of, and accorded, the rights described in
that subsection.
``(2) The trial counsel in a case shall advise the victim that the
victim can seek the advice of an attorney with respect to the rights
described in subsection (a).
``(3) Notice of release otherwise required pursuant to this chapter
shall not be given if such notice may endanger the safety of any
person.
``(d) Enforcement and Limitations.--(1) A victim of a military
crime, the victim's lawful representative, and the trial counsel may
assert the rights described in subsection (a). A person accused of an
offense under this chapter (the Uniform Code of Military Justice) may
not obtain any form of relief under this section with respect to such
offense.
``(2) In a case where the military judge finds that the number of
victims makes it impracticable to accord all of the victims the rights
described in subsection (a), the military judge shall fashion a
reasonable procedure to give effect to this section that does not
unduly complicate or prolong the proceedings.
``(3) The rights described in subsection (a) shall be asserted in
the court-martial in which the accused is being prosecuted for the
offense. The military judge shall take up and decide any motion
asserting a victim's right forthwith. If the military judge denies the
relief sought, the movant may petition the Court of Criminal Appeals.
The Court of Criminal Appeals may issue the writ on the order of a
single judge pursuant to the rules of the Court of Criminal Appeals.
The Court of Criminal Appeals shall take up and decide such application
forthwith within 72 hours after the petition has been filed. In no
event shall proceedings be stayed or subject to a continuance of more
than five days for purposes of enforcing this section. If the Court of
Criminal Appeals denies the relief sought, the reasons for the denial
shall be clearly stated on the record in a written opinion.
``(4) In any appeal in a case under this chapter (the Uniform Code
of Military Justice), the Government may assert as error the military
judge's denial of any victim's right in the proceeding to which the
appeal relates.
``(5) In no case shall a failure to afford a right under this
section provide grounds for a new trial. A victim may make a motion to
re-open a plea or sentence only if--
``(A) the victim has asserted the right to be heard before
or during the proceeding at issue and such right was denied;
``(B) the victim petitions the Court of Criminal Appeals
for a writ of mandamus within 14 days; and
``(C) in the case of a plea, the accused has not pled to
the highest offense charged.
``(6) Nothing in this section shall be construed to authorize a
cause of action for damages or to create, to enlarge, or to imply any
duty or obligation to any victim or other person for the breach of
which the United States or any of its officers or employees could be
held liable in damages. Nothing in this section shall be construed to
impair the prosecutorial discretion of a Judge Advocate General or any
officer under his direction.
``(e) Certain Victims.--In the case of a victim of a military crime
who is under 18 years of age, incompetent, incapacitated, or deceased,
the legal guardians of the victim or the representatives of the
victim's estate, family members, or any other persons appointed as
suitable by the military judge, may assume the victim's rights under
this section, but in no event shall an accused be named as such
guardian or representative.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 47 of such title (the
Uniform Code of Military Justice) is amended by adding at the
end the following new item:
``806b. Art. 6b. Victims' rights of victims of offenses under this
chapter.''.
(b) Procedures To Promote Compliance.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
modify the Manual for Courts-Martial, and prescribe such other
regulations as the Secretary considers appropriate, to enforce
the rights of victims of military crimes and to ensure
compliance by responsible members of the Armed Forces and
personnel of the Department of Defense with the obligations
specified in section 806b of title 10, United States Code
(article 6b of the Uniform Code of Military Justice), as added
by subsection (a).
(2) Elements.--The modifications and regulations issued
pursuant to paragraph (1) shall include the following:
(A) The designation of an administrative authority
within the Department of Defense to receive and
investigate complaints relating to the provision or
violation of the rights of victims of military crimes.
(B) A requirement for a course of training for
judge advocates and other appropriate members of the
Armed Forces and personnel of the Department that fail
to comply with section 806b of title 10, United States
Code (article 6b of the Uniform Code of Military
Justice), as so added, and otherwise assist such
personnel in responding more effectively to the needs
of victims of military crimes.
(C) Disciplinary sanctions, including suspension or
termination from employment in the case of employees of
the Department of Defense, for members of the Armed
Forces and other personnel of the Department who
willfully or wantonly fail to comply with section 806b
of title 10, United States Code (article 6b of the
Uniform Code of Military Justice), as so added.
(D) Mechanisms to ensure that the Secretary of
Defense shall be the final arbiter of a complaint
authorized pursuant to subparagraph (A) by a victim of
a military crime that the victim was not afforded the
rights provided under section 806b of title 10, United
States Code (article 6b of the Uniform Code of Military
Justice), as so added | Military Crime Victims' Rights Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ) to provide specific rights for victims of offenses under the UCMJ, including the right to: (1) be protected from the accused; (2) reasonable, accurate, and timely notice of any public proceeding involving the offense; (3) not be excluded from such proceeding (with an exception), and to be heard; (4) confer with trial counsel in the case; (5) full and timely restitution; (6) proceedings free from unreasonable delay; and (7) be treated with fairness and respect for the victim's dignity and privacy. Requires the military judge to ensure such rights in any court-martial proceeding, and requires all others involved in the matter (counsel, investigators, etc.) to make their best efforts to afford such rights. Provides for the enforcement of such rights throughout the process. Provides for the assumption of such rights by a legal guardian, family member, or estate representative in the case of a victim who is under 18 years old, incompetent, incapacitated, or deceased. Directs the Secretary of Defense (DOD) to modify the Manual for Courts-Martial to prescribe regulations for the enforcement of such rights. | {"src": "billsum_train", "title": "Military Crime Victims' Rights Act of 2013"} | 1,979 | 272 | 0.628083 | 1.925245 | 0.945456 | 3.065306 | 7.681633 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Sanctions Loophole Elimination
Act of 2013''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN TRANSACTIONS IN
FOREIGN CURRENCIES.
(a) Imposition of Sanctions.--Subtitle B of title II of the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et
seq.) is amended by inserting after section 220 the following:
``SEC. 220A. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN
TRANSACTIONS IN FOREIGN CURRENCIES.
``(a) In General.--The President--
``(1) shall prohibit the opening, and prohibit or impose
strict conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by a foreign
financial institution that is a person described in subsection
(b); and
``(2) may impose sanctions pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with
respect to any other person described in subsection (b).
``(b) Person Described.--A person described in this subsection is a
person the President determines has, on or after May 9, 2013--
``(1) knowingly conducted or facilitated a significant
transaction involving the currency of a country other than the
country in which the person is operating at the time of the
transaction with, for, or on behalf of--
``(A) the Central Bank of Iran or another Iranian
financial institution designated by the Secretary of
the Treasury for the imposition of sanctions pursuant
to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
``(B) a person described in section 1244(c)(2) of
the Iran Freedom and Counter-Proliferation Act (22
U.S.C. 8803(c)(2)) (other than a person described in
subparagraph (C)(iii) of that section); or
``(2) knowingly transferred funds for, or held funds on
behalf of, a person described in paragraph (1) in relation to a
transaction described in that paragraph, without regard to the
currency of those funds.
``(c) Waiver.--
``(1) In general.--The President may waive the application
of subsection (a) with respect to a person for a period of not
more than 180 days, and may renew that waiver for additional
periods of not more than 180 days, if the President--
``(A) determines that the waiver is vital to the
national security of the United States; and
``(B) not less than 7 days before the waiver or the
renewal of the waiver, as the case may be, takes
effect, submits a report to the appropriate
congressional committees on the waiver and the reason
for the waiver.
``(2) Form of report.--Each report submitted under
paragraph (1)(B) shall be submitted in unclassified form but
may include a classified annex.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit any person from, or authorize or require the
imposition of sanctions with respect to any person for, conducting or
facilitating any transaction in the currency of the country in which
the person is operating at the time of the transaction for the sale of
agricultural commodities, food, medicine, or medical devices.
``(e) Definitions.--In this section:
``(1) Account; correspondent account; payable-through
account.--The terms `account', `correspondent account', and
`payable-through account' have the meanings given those terms
in section 5318A of title 31, United States Code.
``(2) Agricultural commodity.--The term `agricultural
commodity' has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
``(3) Foreign financial institution.--The term `foreign
financial institution' has the meaning given that term in
section 561.308 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
``(4) Iranian financial institution.--The term `Iranian
financial institution' has the meaning given that term in
section 104A(d) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513b(d)).
``(5) Medical device.--The term `medical device' has the
meaning given the term `device' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
``(6) Medicine.--The term `medicine' has the meaning given
the term `drug' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
``(7) Transaction.--The term `transaction' includes a
foreign exchange swap, a foreign exchange forward, and any
other type of currency exchange or conversion or derivative
instrument.''.
(b) Conforming Amendments.--
(1) Implementation.--Section 601(a)(1) of the Iran Threat
Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8781(a)(1)) is amended by inserting ``220A,'' after ``220,''.
(2) Penalties.--Section 601(b)(2)(A) of such Act (22 U.S.C.
8781(b)(2)(A)) is amended by striking ``and 220,'' and
inserting ``220, and 220A,''.
(3) Termination.--Section 605(a) of such Act (22 U.S.C.
8785(a)) is amended by inserting ``220A,'' after ``220,''.
(c) Clerical Amendment.--The table of contents for the Iran Threat
Reduction and Syria Human Rights Act of 2012 is amended by inserting
after the item relating to section 220 the following:
``Sec. 220A. Imposition of sanctions with respect to certain
transactions in foreign currencies.''. | Iran Sanctions Loophole Elimination Act of 2013 - Amends the Iran Threat Reduction and Syria Human Rights Act of 2012 to direct the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in this Act. Describes such person as a person that on or after May 9, 2013, knowingly: (1) conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating with, for, or on behalf of the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions, or a person that is involved in the energy, shipping, and shipbuilding sectors of Iran; or (2) transferred funds for, or held funds on behalf of, a person described in the previous paragraph in relation to a transaction without regard to the currency of such funds. Authorizes the President to impose sanctions pursuant to the International Emergency Economic Powers Act with respect to any other person. Authorizes the President to waive the provisions of this Act with respect to a person for up to 180 days (and authorizes renewal of such waiver for additional periods of up to 180 days) for reasons of U.S. national security. Requires congressional notification at least seven days prior to a waiver or waiver renewal. | {"src": "billsum_train", "title": "Iran Sanctions Loophole Elimination Act of 2013"} | 1,444 | 310 | 0.731782 | 2.184658 | 0.830231 | 4.777372 | 4.291971 | 0.916058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Care Quality
Assurance Act of 1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Veterans Affairs administers the
largest health care network in the United States, including 172
hospitals, 73 home care programs, more than 800 community-based
outpatient clinics, and numerous other specialized care
facilities.
(2) There are approximately 25,000,000 veterans in the
United States, including approximately 19,300,000 veterans of a
period of war.
(3) The number of veterans seeking medical care in
Department medical facilities is increasing nationwide.
(4) The fiscal year 1997 medical care caseload of the
Department was 2,700,000. The fiscal year 1999 medical care
caseload of the Department was projected to increase by 160,000
cases over the fiscal year 1998 caseload, and is projected to
increase by an additional 54,000 cases in fiscal year 2000,
resulting in a total caseload of 3,600,000 in fiscal year 2000.
(5) The number of outpatient visits at Department medical
facilities in fiscal year 2000 is projected to increase by
2,500,000 over the number of such visits in fiscal year 1999,
to a total of 38,300,000 visits in fiscal year 2000.
(6) The average age of veterans is increasing. The increase
in the average age of veterans is expected to result in
additional demands for health care services, including more
frequent and long-term health needs.
(7) The Department is attempting to meet increasing demand
for medical care without substantial increases in
appropriations, mainly through efforts to increase efficiency.
(8) The need to treat more veterans without substantial
increases in available resources has resulted in serious
concerns about the potential for loss of quality of care and of
patient satisfaction.
(9) Many of the regional networks and hospitals
administered by the Veterans Health Administration report that
timely access to high quality health care may be jeopardized by
inadequate funding.
SEC. 3. SENSE OF CONGRESS ON MAXIMIZATION AND EFFICIENT USE OF HEALTH
CARE RESOURCES BY THE DEPARTMENT OF VETERANS AFFAIRS.
It is the sense of Congress that the Secretary of Veterans Affairs
should--
(1) require the directors of the Department of Veterans
Affairs health care networks to systematically share
information on means of maximizing resources and increasing
efficiency without compromising quality of care and patient
satisfaction;
(2) require exchange and mentoring programs among and
between such networks in order to facilitate the sharing of
such information;
(3) provide incentives to such networks to increase
efficiency and meet uniform quality and patient satisfaction
goals; and
(4) institute a formal oversight process to ensure that--
(A) all such networks meet uniform efficiency
goals; and
(B) efforts to increase efficiency are equitable
between and among such networks and their facilities.
SEC. 4. QUALITY ASSURANCE AUDITS BY INSPECTOR GENERAL OF THE DEPARTMENT
OF VETERANS AFFAIRS.
Section 312 of title 38, United States Code, is amended by adding
at the end the following:
``(c)(1) In addition to the other responsibilities of the Inspector
General under this section, the Inspector General shall also conduct an
audit of the quality of health care furnished by each health care
network, and by each health care facility, of the Department.
``(2) Each audit under paragraph (1) shall measure the following:
``(A) The quality of health care furnished by the
Department.
``(B) The satisfaction of patients with the health care
furnished by the Department.
``(C) Resource and financial management.
``(D) The extent to which the funds allocated to health
care programs of the Department are adequate to support such
programs.
``(3) An audit shall be conducted under paragraph (1) for each
health care network, and for each health care facility, not less often
than once every three years.
``(4) The Inspector General may make such recommendations to the
Secretary regarding means of improving the quality of health care
furnished to veterans as the Inspector General considers appropriate as
a result of the audits under this subsection.''.
SEC. 5. INFORMATION ON EFFICIENCY, QUALITY, AND PATIENT SATISFACTION IN
PROVISION OF HEALTH CARE BY THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Dissemination and Sharing of Information on Efficient Provision
of Health Care.--(1) The Secretary of Veterans Affairs, acting through
the Under Secretary for Health of the Department of Veterans Affairs,
shall provide for the dissemination and sharing within and among
Department of Veterans Affairs health care networks of information
designed to ensure that all Department medical care centers meet
uniform efficiency standards in the provision of health care to
veterans.
(2) The Secretary shall meet the requirement in paragraph (1)
through the publication of guidance materials and best practice
summaries and by such other means as the Secretary considers
appropriate.
(b) Efficiency Goals and Quality and Patient Satisfaction
Standards.--(1) The Secretary, acting through the Under Secretary for
Health, shall issue on an annual basis efficiency goals and quality and
patient satisfaction standards in the provision of health care to
veterans for each Department health care facility. The efficiency goals
and quality and patient satisfaction standards for each such facility
shall be consistent with such goals and standards as the Secretary
shall establish for the Department as a whole.
(2)(A) The Secretary shall, on an annual basis, submit to Congress
a report on the extent to which each Department health care facility
met the efficiency goals and quality and patient satisfaction standards
for such facility under paragraph (1) during the preceding year.
(B) Each report under subparagraph (A) shall set forth a comparison
between the performance of each Department health care facility with
respect to the efficiency goals and quality and satisfaction standards
for such facility for the year involved and the average performance of
all Department health care facilities with respect to such goals and
standards for such year. The comparison shall be stated in a manner
which permits a clear and understandable comparison of the performance
of each facility with the average performance of all such facilities.
SEC. 6. OFFICE OF HEALTH CARE QUALITY ASSURANCE.
(a) Establishment.--(1) Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the following:
``Sec. 7322. Office of Health Care Quality Assurance
``(a) In General.--There shall be within the Department an office
to be known as the `Office of Health Care Quality Assurance' (in this
section referred to as the `Office'). The Office shall be located for
administrative purposes within the Office of the Under Secretary for
Health.
``(b) Director.--The head of the Office is the Director of Health
Care Quality Assurance.
``(c) Staff and Support.--The Under Secretary for Health shall
provide the Office with such staff and other support as may be
necessary for the Office to carry out effectively its functions under
this section.
``(d) Functions.--The functions of the Office are as follows:
``(1) To ensure the implementation of any recommendations
of the Inspector General of the Department as a result of
audits conducted by the Inspector General under section 312(c)
of this title.
``(2) To collect and ensure the dissemination of
information on initiatives, programs, policies, procedures,
strategies, and best practices that have been proven to
increase efficiency and resource utilization without
undermining quality or patient satisfaction in the furnishing
of health care to veterans.
``(3) To take such other actions relating to the assurance
of quality in the furnishing of health care by the Veterans
Health Administration as the Under Secretary for Health
considers appropriate.''.
(2) The table of sections at the beginning of chapter 73 of such
title is amended by inserting after the item relating to section 7321
the following new item:
``7322. Office of Health Care Quality Assurance.''.
(b) Placement in Office of Under Secretary for Health.--Section
7306(a) of title 38, United States Code, is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following new
paragraph (9):
``(9) The Director of Health Care Quality Assurance, who
shall be responsible to the Under Secretary for Health for the
operation of the Office of Health Care Quality Assurance.''.
(c) Sense of Congress on Director as Advocate for Veterans.--It is
the sense of Congress that the Director of the Office of Health Care
Quality Assurance should act as an advocate for veterans in carrying
out activities under section 7322 of title 38, United States Code, as
added by subsection (a).
SEC. 7. REPORT ON EFFICIENCIES IN PROVISION OF HEALTH CARE BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Requirement.--Not later than six months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on efficiencies in the furnishing of health care
to veterans in the health care networks and facilities of the
Department of Veterans Affairs.
(b) Elements.--The report shall include the following:
(1) A survey of each health care network of the Department,
including a summary of the efforts of each network to increase
efficiency in the furnishing of health care to veterans.
(2) An assessment of the extent to which such networks, and
the facilities within such networks, are or are not
implementing uniform, Department-wide policies to increase
efficiency in the furnishing of health care to veterans. | Requires the Department's Inspector General, at least every three years, to audit the quality of health care furnished by each Department health care network and facility.
Directs the Secretary to provide for the dissemination and sharing with Department health care networks of information designed to ensure efficiency in the provision of health care to veterans. Requires the Secretary to: (1) annually issue efficiency goals and quality and patient satisfaction standards for each Department health care facility; and (2) report annually to Congress on the extent to which the Department met such goals and standards.
Establishes within the Department the Office of Health Care Quality Assurance, headed by a Director, to ensure the establishment and implementation of efficiency goals and quality and patient satisfaction standards throughout the Department. Expresses the sense of Congress that such Director should act as an advocate for veterans in receiving quality health care.
Requires a report from the Secretary to Congress on efficiencies in the furnishing of health care to veterans in Department health care networks and facilities. | {"src": "billsum_train", "title": "Veterans Health Care Quality Assurance Act of 1999"} | 2,058 | 206 | 0.549 | 1.558399 | 0.942341 | 3.890625 | 10.34375 | 0.921875 |
s.--Any concurrent
resolution on the budget introduced under subsection (a) shall be in
compliance with section 301.
``(d) Effect of Concurrent Resolution on the Budget.--
Notwithstanding any other provision of this title, whenever a
concurrent resolution on the budget described in subsection (a) is
agreed to, then the aggregates, allocations, and reconciliation
directives (if any) contained in the report accompanying such
concurrent resolution or in such concurrent resolution shall be
considered to be the aggregates, allocations, and reconciliation
directives for all purposes of sections 302, 303, and 311 for the
applicable fiscal years and such concurrent resolution shall be deemed
to be a joint resolution for all purposes of this title and the Rules
of the House of Representatives and any reference to the date of
enactment of a joint resolution on the budget shall be deemed to be a
reference to the date agreed to when applied to such concurrent
resolution.''.
(2) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
inserting after the item relating to section 315 the following new
item:
``Sec. 316. Discretionary Deficit Reduction Account.''.
SEC. 275. AMENDMENTS TO JOINT RESOLUTIONS ON THE BUDGET.
(a) Definition.--Paragraph (4) of section 3 of the Congressional
Budget Act of 1974 is amended to read as follows:
``(4) the term `joint resolution on the budget' means--
``(A) a joint resolution setting forth the budget
for the United States Government for a fiscal year as
provided in section 301; and
``(B) any other joint resolution revising the
budget for the United States Government for a fiscal
year as described in section 304.''.
(b) Additional Amendments to the Congressional Budget and
Impoundment Control Act of 1974.--(1)(A) Sections 301, 302, 303, 305,
308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act
of 1974 (2 U.S.C. 621 et seq.) are amended by striking ``concurrent''
each place it appears and inserting ``joint''.
(B) Section 301 of the Congressional Budget Act of 1974 is further
amended by striking the last sentence.
(C)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the
Congressional Budget Act of 1974 are amended by striking ``most
recently agreed to concurrent resolution on the budget'' each place it
occurs and inserting ``most recently enacted joint resolution on the
budget or agreed to concurrent resolution on the budget (as
applicable)''.
(ii) The section heading of section 301 is amended by striking
``annual adoption of concurrent resolution'' and inserting ``joint
resolutions''; and
(iii) Section 304 of such Act is amended to read as follows:
``permissible revisions of budget resolutions
``Sec. 304. At any time after the joint resolution on the budget
for a fiscal year has been enacted pursuant to section 301, and before
the end of such fiscal year, the two Houses and the President may enact
a joint resolution on the budget which revises or reaffirms the joint
resolution on the budget for such fiscal year most recently enacted,
and for purposes of the enforcement of the Congressional Budget Act of
1974, the chairman of the Budget Committee of the House of
Representatives or the Senate, as applicable, may adjust levels as
needed for the enforcement off of the budget resolution.''.
(D) Sections 302, 303, 310, and 311, of such Act are amended by
striking ``agreed to'' each place it appears and by inserting
``enacted''.
(2)(A) Paragraph (4) of section 3 of the Congressional Budget and
Impoundment Control Act of 1974 is amended by striking ``concurrent''
each place it appears and by inserting ``joint''.
(B) The table of contents set forth in section 1(b) of such Act is
amended--
(i) in the item relating to section 301, by striking
``Annual adoption of concurrent resolution'' and inserting
``Joint resolutions'';
(ii) by striking the item relating to section 303 and
inserting the following:
``Sec. 303. Consideration of budget-related legislation before budget
becomes law.''.
(iii) by striking ``concurrent'' and inserting ``joint'' in
the item relating to section 305.
(c) Conforming Amendments to the Rules of the House of
Representatives.--Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and
4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and
clauses 7 and 10 of rule XXI of the Rules of the House of
Representatives are amended by striking ``concurrent'' each place it
appears and inserting ``joint''.
(d) Conforming Amendments to the Balanced Budget and Emergency
Deficit Control Act of 1985.--Section 258C(b)(1) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is
amended by striking ``concurrent'' and inserting ``joint''.
(e) Conforming Amendments to Section 310 Regarding Reconciliation
Directives.--(1) The side heading of section 310(a) of the
Congressional Budget Act of 1974 (as amended by section 105(b)) is
further amended by inserting ``Joint Explanatory Statement Accompanying
Conference Report on'' before ``Joint''.
(2) Section 310(a) of such Act is amended by striking ``A'' and
inserting ``The joint explanatory statement accompanying the conference
report on a''.
(3) The first sentence of section 310(b) of such Act is amended by
striking ``If'' and inserting ``If the joint explanatory statement
accompanying the conference report on''.
(4) Section 310(c)(1) of such Act is amended by inserting ``the
joint explanatory statement accompanying the conference report on''
after ``pursuant to''.
(f) Conforming Amendments to Section 3 Regarding Direct Spending.--
Section 3 of the Congressional Budget and Impoundment Control Act of
1974 is amended by adding at the end the following new paragraph:
``(11) The term `direct spending' has the meaning given to
such term in section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''.
TITLE III--FISCAL DISCIPLINE, EARMARK REFORM, AND ACCOUNTABILITY ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Fiscal Discipline, Earmark Reform,
and Accountability Act''.
SEC. 302. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE
SENATE.
(a) In General.--Rule XVI of the Standing Rules of the Senate is
amended by adding at the end the following:
``9. (a) On a point of order made by any Senator:
``(1) No new or general legislation nor any unauthorized
appropriation may be included in any general appropriation
bill.
``(2) No amendment may be received to any general
appropriation bill the effect of which will be to add an
unauthorized appropriation to the bill.
``(3) No unauthorized appropriation may be included in any
amendment between the Houses, or any amendment thereto, in
relation to a general appropriation bill.
``(b)(1) If a point of order under subparagraph (a)(1) against a
Senate bill or amendment is sustained--
``(A) the new or general legislation or unauthorized
appropriation shall be struck from the bill or amendment; and
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck from the
bill or amendment shall be made.
``(2) If a point of order under subparagraph (a)(1) against an Act
of the House of Representatives is sustained when the Senate is not
considering an amendment in the nature of a substitute, an amendment to
the House bill is deemed to have been adopted that--
``(A) strikes the new or general legislation or
unauthorized appropriation from the bill; and
``(B) modifies, if necessary, the total amounts
appropriated by the bill to reflect the deletion of the matter
struck from the bill;
``(c) If the point of order against an amendment under subparagraph
(a)(2) is sustained, the amendment shall be out of order and may not be
considered.
``(d)(1) If a point of order under subparagraph (a)(3) against a
Senate amendment is sustained--
``(A) the unauthorized appropriation shall be struck from
the amendment;
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck from the
amendment shall be made; and
``(C) after all other points of order under this paragraph
have been disposed of, the Senate shall proceed to consider the
amendment as so modified.
``(2) If a point of order under subparagraph (a)(3) against a House
of Representatives amendment is sustained--
``(A) an amendment to the House amendment is deemed to have
been adopted that--
``(i) strikes the new or general legislation or
unauthorized appropriation from the House amendment;
and
``(ii) modifies, if necessary, the total amounts
appropriated by the bill to reflect the deletion of the
matter struck from the House amendment; and
``(B) after all other points of order under this paragraph
have been disposed of, the Senate shall proceed to consider the
question of whether to concur with further amendment.
``(e) The disposition of a point of order made under any other
paragraph of this rule, or under any other Standing Rule of the Senate,
that is not sustained, or is waived, does not preclude, or affect, a
point of order made under subparagraph (a) with respect to the same
matter.
``(f) A point of order under subparagraph (a) may be waived only by
a motion agreed to by the affirmative vote of three-fifths of the
Senators duly chosen and sworn. If an appeal is taken from the ruling
of the Presiding Officer with respect to such a point of order, the
ruling of the Presiding Officer shall be sustained absent an
affirmative vote of three-fifths of the Senators duly chosen and sworn.
``(g) Notwithstanding any other rule of the Senate, it shall be in
order for a Senator to raise a single point of order that several
provisions of a general appropriation bill or an amendment between the
Houses on a general appropriation bill violate subparagraph (a). The
Presiding Officer may sustain the point of order as to some or all of
the provisions against which the Senator raised the point of order. If
the Presiding Officer so sustains the point of order as to some or all
of the provisions against which the Senator raised the point of order,
then only those provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken pursuant to this paragraph.
Before the Presiding Officer rules on such a point of order, any
Senator may move to waive such a point of order, in accordance with
subparagraph (f), as it applies to some or all of the provisions
against which the point of order was raised. Such a motion to waive is
amendable in accordance with the rules and precedents of the Senate.
After the Presiding Officer rules on such a point of order, any Senator
may appeal the ruling of the Presiding Officer on such a point of order
as it applies to some or all of the provisions on which the Presiding
Officer ruled.
``(h) For purposes of this paragraph:
``(1) The term `new or general legislation' has the meaning
given that term when it is used in paragraph 2 of this rule.
``(2) The term `new matter' means matter not committed to
conference by either House of Congress.
``(3)(A) The term `unauthorized appropriation' means a
`congressionally directed spending item' as defined in rule
XLIV--
``(i) that is not specifically authorized by law or
Treaty stipulation (unless the appropriation has been
specifically authorized by an Act or resolution
previously passed by the Senate during the same session
or proposed in pursuance of an estimate submitted in
accordance with law); or
``(ii) the amount of which exceeds the amount
specifically authorized by law or Treaty stipulation
(or specifically authorized by an Act or resolution
previously passed by the Senate during the same session
or proposed in pursuance of an estimate submitted in
accordance with law) to be appropriated.
``(B) An appropriation is not specifically authorized if it
is restricted or directed to, or authorized to be obligated or
expended for the benefit of, an identifiable person, program,
project, entity, or jurisdiction by earmarking or other
specification, whether by name or description, in a manner that
is so restricted, directed, or authorized that it applies only
to a single identifiable person, program, project, entity, or
jurisdiction, unless the identifiable person, program, project,
entity, or jurisdiction to which the restriction, direction, or
authorization applies is described or otherwise clearly
identified in a law or Treaty stipulation (or an Act or
resolution previously passed by the Senate during the same
session or in the estimate submitted in accordance with law)
that specifically provides for the restriction, direction, or
authorization of appropriation for such person, program,
project, entity, or jurisdiction.
``10. (a) On a point of order made by any Senator, no new or
general legislation, nor any unauthorized appropriation, new matter, or
nongermane matter may be included in any conference report on a general
appropriation bill.
``(b) If the point of order against a conference report under
subparagraph (a) is sustained--
``(1) the new or general legislation, unauthorized
appropriation, new matter, or nongermane matter in such
conference report shall be deemed to have been struck;
``(2) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck shall be
deemed to have been made;
``(3) when all other points of order under this paragraph
have been disposed of--
``(A) the Senate shall proceed to consider the
question of whether the Senate should recede from its
amendment to the House bill, or its disagreement to the
amendment of the House, and concur with a further
amendment, which further amendment shall consist of
only that portion of the conference report not deemed
to have been struck (together with any modification of
total amounts appropriated);
``(B) the question shall be debatable; and
``(C) no further amendment shall be in order; and
``(4) if the Senate agrees to the amendment, then the bill
and the Senate amendment thereto shall be returned to the House
for its concurrence in the amendment of the Senate.
``(c) The disposition of a point of order made under any other
paragraph of this rule, or under any other Standing Rule of the Senate,
that is not sustained, or is waived, does not preclude, or affect, a
point of order made under subparagraph (a) with respect to the same
matter.
``(d) A point of order under subparagraph (a) may be waived only by
a motion agreed to by the affirmative vote of three-fifths of the
Senators duly chosen and sworn. If an appeal is taken from the ruling
of the Presiding Officer with respect to such a point of order, the
ruling of the Presiding Officer shall be sustained absent an
affirmative vote of three-fifths of the Senators duly chosen and sworn.
``(e) Notwithstanding any other rule of the Senate, it shall be in
order for a Senator to raise a single point of order that several
provisions of a conference report on a general appropriation bill
violate subparagraph (a). The Presiding Officer may sustain the point
of order as to some or all of the provisions against which the Senator
raised the point of order. If the Presiding Officer so sustains the
point of order as to some or all of the provisions against which the
Senator raised the point of order, then only those provisions against
which the Presiding Officer sustains the point of order shall be deemed
stricken pursuant to this paragraph. Before the Presiding Officer rules
on such a point of order, any Senator may move to waive such a point of
order, in accordance with subparagraph (d), as it applies to some or
all of the provisions against which the point of order was raised. Such
a motion to waive is amendable in accordance with the rules and
precedents of the Senate. After the Presiding Officer rules on such a
point of order, any Senator may appeal the ruling of the Presiding
Officer on such a point of order as it applies to some or all of the
provisions on which the Presiding Officer ruled.
``(f) For purposes of this paragraph:
``(1) The terms `new or general legislation', `new matter',
and `unauthorized appropriation' have the same meaning as in
paragraph 9.
``(2) The term `nongermane matter' has the same meaning as
in rule XXII and under the precedents attendant thereto, as of
the beginning of the 110th Congress.''.
(b) Requiring Conference Reports To Be Searchable Online.--
Paragraph 3(a)(2) of rule XLIV of the Standing Rules of the Senate is
amended by inserting ``in an searchable format'' after ``available''.
SEC. 303. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.
The Lobbying Disclosure Act of 1995 is amended by adding after
section 5 the following:
``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.
``(a) In General.--A recipient of Federal funds shall file a report
as required by section 5(a) containing--
``(1) the name of any lobbyist registered under this Act to
whom the recipient paid money to lobby on behalf of the Federal
funding received by the recipient; and
``(2) the amount of money paid as described in paragraph
(1).
``(b) Definition.--In this section, the term `recipient of Federal
funds' means the recipient of Federal funds constituting an award,
grant, or loan.''. | Fiscal Freeze Act of 2010 - Congressional Accountability and Line Item Veto Act of 2010 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose the repeal of any congressional earmark or the cancellation (line item veto) of any limited tariff or targeted tax benefit.
Dedicates any such repeal or cancellation solely to deficit reduction or increase of a surplus.
Prescribes procedures for expedited consideration in each chamber for such proposals.
Authorizes the President temporarily to withhold congressional earmarks from obligation or suspend a limited tariff or targeted tax benefit.
Expresses the sense of Congress on abuse of proposed repeals and cancellations.
Makes it out of order in both chambers to consider legislation containing a congressional earmark or an earmark attributable to the President for any fiscal year in which there is or will be a deficit as determined by the Congressional Budget Office (CBO).
Permits waiver or suspension of such prohibition, or successful appeals from rulings of the Chair, only by an affirmative vote of three-fifths (60) of the Senate.
Directs the chairs of the congressional budget committees to each maintain a deficit reduction Discretionary Account and a deficit reduction Mandatory Account.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to define the total level of discretionary spending for all non-security discretionary spending programs, projects, and activities to mean, in any fiscal year through FY2020 in which there is a deficit, an amount of discretionary spending outlays not exceeding the discretionary spending outlays for the preceding fiscal year as adjusted for inflation.
Establishes total spending limits for FY2010-FY2020 and thereafter, as well as total deficit limits for FY2011-FY2020 and thereafter.
Prescribes administrative procedures for: (1) spending reduction orders; and (2) sequestration reports for discretionary spending limits, total spending limits, and deficit limits.
Amends the Congressional Budget Act of 1974 (CBA) with respect to spending and deficit limit enforcement mechanisms.
Amends the Gramm-Rudman-Hollings Act to prescribe administrative and legislative procedures for spending reduction orders for discretionary spending limits, total spending limits, and deficit limits, with specified exceptions.
Amends the Gramm-Rudman-Hollings Act to suspend sequestration procedures for the spending or deficit limits in this Act upon the enactment of a declaration of war or the joint resolution suspending certain provisions of law.
Provides for continuing appropriations if any regular appropriation bill for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect. (Thus prevents federal government shutdown.)
Amends the CBA to require joint budget resolutions signed by the President (currently, concurrent resolutions, which do not have to be signed by the President).
Repeals the requirement for submission to the House of Representatives of an allocation and sub-allocations, consistent with the discretionary spending levels in the most recently agreed to budget resolution, in the event that no new budget resolution becomes law before April 15 of any year.
Requires consideration of budget-related legislation before the budget resolution becomes law.
Prescribes procedures for expedited consideration in each chamber of a presidential veto of a budget resolution.
Fiscal Discipline, Earmark Reform, and Accountability Act - Amends the Standing Rules of the Senate to revise procedures for consideration of points of order against consideration of certain general appropriations bills in the Senate.
Amends the Rules to require all conference reports to be searchable online.
Amends the Lobbying Disclosure Act of 1995 to require a recipient of federal funds to disclose any registered lobbyist to whom the recipient paid money to lobby on behalf of such funding, including the amount of such funds. | {"src": "billsum_train", "title": "A bill to provide fiscal discipline through a freeze on spending and budget process reforms."} | 4,294 | 881 | 0.426077 | 1.327898 | 0.595353 | 1.845517 | 5.275862 | 0.753103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accurate Background Check Act of
2013'' or as the ``ABC Act of 2013''.
SEC. 2. PROCEDURES RELATING TO EMPLOYMENT-RELATED EXCHANGES OF RECORDS
AND INFORMATION.
Section 534 of title 28, United States Code, is amended by adding
at the end the following:
``(g) Employment With Federal Government or Federal Contractor.--
``(1) Procedures to ensure accuracy of records.--The
Attorney General shall by rule provide for procedures to ensure
that any records and information exchanged under this section
for purposes of employment background checks are as accurate
and complete as is reasonably possible.
``(2) Necessary elements of procedures.--The procedure
under paragraph (1) shall ensure that, if a record or
information is determined to be inaccurate or incomplete, then
not later than 10 days after a request for an exchange of the
record or information is made and prior to releasing the record
or information to the requesting entity, the Attorney General
shall correct or, if appropriate, delete or amend that
information, and--
``(A) conduct research in whatever State and local
recordkeeping systems are available in order to obtain
complete data;
``(B) maintain a disposition document database that
contains information obtained pursuant to subparagraph
(A) that cannot otherwise be posted or maintained and
searched in other databases;
``(C) search the disposition document database
established pursuant to subparagraph (B) and any other
Federal databases that contain relevant disposition
information; and
``(D) notify each appropriate reporting
jurisdiction of any updated information obtained
pursuant to this paragraph.
``(3) Completeness of record or information.--For purposes
of this subsection, a record or information is incomplete if
that record or information indicates that an arrest was made
and does not include the disposition of that arrest.
``(4) Opportunity to review records or information.--In
connection with an exchange of a record or information under
this section for purposes of employment background checks, the
Attorney General shall, prior to the exchange--
``(A) obtain a statement of consent signed by the
subject of such record or information authorizing the
exchange of a record or information;
``(B) provide the applicant an opportunity to
obtain a copy of the record or information upon request
and to challenge the accuracy and completeness of that
record or information;
``(C) promptly notify the requesting entity of any
such challenge;
``(D) not later than 30 days after the challenge is
made, complete an investigation of the challenge;
``(E) provide to the applicant the specific
findings and results of that investigation; and
``(F) enter such findings in the disposition
document database established pursuant to paragraph
(2)(B).
``(5) Report of attorney general.--Not later than 2 years
after the date of enactment of this Act, the Attorney General
shall submit a report to Congress that includes--
``(A) the number of requests for information made
under this section;
``(B) appropriate statistical information to
determine whether the exchange of records or
information about arrests that did not result in
convictions is affecting the employment opportunities
of applicants to whom those records or information
pertain;
``(C) any prolonged failure of a reporting
jurisdiction to comply with a request by the Attorney
General for information about dispositions of arrests;
``(D) the percentage of missing arrest dispositions
located within the time limit required by this Act; and
``(E) the number of successful and unsuccessful
challenges to the accuracy and completeness of records
or information.
``(6) Certain other parties included as authorized
officials for exchanges under this subsection.--For purposes of
exchanges under this subsection, the term `employment
background checks' includes background investigations
authorized by Executive Order 10450, background investigations
authorized by Homeland Security Presidential Directive 12, and
any exchanges made pursuant to section 70105(d) of title 46,
United States Code.''. | Accurate Background Check Act of 2013 or the ABC Act of 2013 - Amends the federal judicial code to require the Attorney General (DOJ) to provide procedures to ensure the accuracy and completeness of certain criminal records and information exchanged for employment background checks. Directs the Attorney General, if a record or information is inaccurate or incomplete, to correct, delete, or amend such information within 10 days after a request is made and prior to releasing the record to the requesting entity. Requires the Attorney General, in such an instance, to also research state and local recordkeeping systems, maintain a disposition document database to be searched along with other federal databases, and notify reporting jurisdictions of any updated information. Considers a record or information to be incomplete if it indicates that an arrest was made and does not include the disposition of such arrest. Requires the Attorney General, prior to such an employment background check exchange, to obtain the signed consent of the subject of such information, provide the applicant an opportunity to challenge the record, notify the requesting entity of any such challenge, and complete an investigation of such challenge within 30 days. Extends the procedures established pursuant to this Act to apply to authorized exchanges for: (1) national security background investigations for employment in federal service, (2) government-wide security standards for forms of identification issued to federal employees and contractors, and (3) government background checks for the issuance of transportation security cards to access the secure areas of shipping vessels and facilities. | {"src": "billsum_train", "title": "ABC Act of 2013"} | 865 | 330 | 0.691995 | 2.32986 | 0.783198 | 2.614035 | 2.982456 | 0.873684 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restoring the
Integrity of American Statistics Act of 2008''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. United States Census Bureau.
Sec. 5. Director.
Sec. 6. Deputy Director.
Sec. 7. Transfers.
Sec. 8. Transition rules.
Sec. 9. Inspector General.
Sec. 10. Technical and conforming amendments.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is the policy of the United States to provide
statistics to the public and to the Government that are
accurate, timely, relevant to public purposes, and credible in
that they are collected impartially and are available to all.
(2) Pursuant to section 2 of article I of the Constitution,
it is the obligation of the United States to conduct a census
of population every 10 years, such census being necessary to
the basic workings of our representative democracy.
(3) Knowledge of who we are as a people is basic to
informed policymaking, public edification, and scientific
research, and, therefore, there should be regularly conducted a
census of the economy and the collection of other relevant
information on the population and economy of the United States
at appropriate intervals between censuses.
(4) In all of the data collections envisioned in title 13,
United States Code, it is fundamentally important that data be
collected in an impartial manner, using modern statistical,
computational, and operational methods to the fullest extent
possible, consonant with applicable law.
(5) The credibility and impartiality of data from a Federal
statistical agency depends critically on whether the agency
operates from a strong position of independence; therefore, the
authority for conducting the decennial census of population and
any economic or other censuses or surveys should be vested in
an agency with a clear and well-defined position of
independence.
(6) In addition to a formal, strong position of
independence, the operating principles of the agency (as
described in paragraph (5)) should include--
(A) openness about the sources and limitations of
the data provided;
(B) dissemination of data as widely as possible,
according to published schedules for release of key
statistics;
(C) continual search for the development of more
useful data, in terms of cost-effectiveness, accuracy,
timeliness, and relevance to public purposes;
(D) regular evaluation of major data collection
programs to identify ways to improve their cost-
effectiveness, accuracy, timeliness, and relevance;
(E) commitment to quality and professional
standards of practice as a statistical agency;
(F) fair treatment of data providers, including
individuals and organizations, with respect for privacy
and the protection of confidential information;
(G) maintenance of an active research program, not
only in methodology and operations, but also in using
data for reporting of conditions and trends; and
(H) cooperation and coordination with other
statistical agencies.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Census Bureau'' means the United States
Census Bureau;
(2) the term ``Director'' means the Director of the United
States Census Bureau;
(3) the term ``Deputy Director'' means the Deputy Director
of the United States Census Bureau; and
(4) the term ``function'' includes any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
SEC. 4. UNITED STATES CENSUS BUREAU.
Effective January 1, 2012, there is established, as an independent
establishment in the executive branch of the Government, the United
States Census Bureau.
SEC. 5. DIRECTOR.
(a) In General.--There shall be at the head of the Census Bureau a
Director of the United States Census Bureau, who shall be appointed by
the President, by and with the advice and consent of the Senate. The
Director shall be appointed without regard to political affiliation and
solely on the basis of the professional qualifications required to
perform the duties and responsibilities of the office of Director.
(b) Term of Office.--The term of office of any individual appointed
as Director shall be 5 years. In any case in which a successor does not
take office at the end of a Director's term, such Director may continue
in office until the entry upon office of such a successor, except that
such Director may not continue to serve for more than 1 year after the
date on which the term of the Director would otherwise expire, unless
reappointed. A Director appointed to a term of office after the
commencement of such term may serve under such appointment only for the
remainder of such term. An individual serving in the office of Director
may be removed from office only pursuant to a finding by the President
of neglect of duty or malfeasance in office. The President shall
communicate the reasons for any such removal to each House of the
Congress.
(c) Functions.--The Director shall be responsible for the exercise
of all powers and the discharge of all duties of the Census Bureau, and
shall have authority and control over all personnel and activities
thereof.
(d) Organization.--The Director may establish, alter, consolidate,
or discontinue such organizational units or components within the
Census Bureau as the Director considers necessary or appropriate,
except that this subsection shall not apply with respect to any unit or
component provided for by law.
(e) Advisory Committees.--The Director may establish advisory
committees to provide advice with respect to any function of the
Director. Members of any such committee shall serve without
compensation, but shall be entitled to transportation expenses and per
diem in lieu of subsistence in accordance with section 5703 of title 5,
United States Code.
(f) Regulations.--The Director may prescribe such rules and
regulations as the Director considers necessary or appropriate to carry
out the functions of the Director.
(g) Delegations etc.--The Director may assign duties, and delegate,
or authorize successive redelegations of, authority to act and to
render decisions, to such officers and employees of the Census Bureau
as the Director may find necessary. Within the limitations of such
assignments, delegations, or redelegations, all official acts and
decisions of such officers and employees shall have the same force and
effect as though performed or rendered by the Director. An assignment,
delegation, or redelegation under this subsection may not take effect
before the date on which notice of such assignment, delegation, or
redelegation (as the case may be) is published in the Federal Register.
(h) Other Authorities.--
(1) Personnel.--Notwithstanding any other provision of law,
the Director, in carrying out the functions of the Director or
the Census Bureau, may use the services of officers and other
personnel in other Federal agencies, including personnel of the
armed forces, with the consent of the head of the agency
concerned.
(2) Voluntary services.--Notwithstanding section 1342 of
title 31, United States Code, or any other provision of law,
the Director may accept and use voluntary and uncompensated
services.
(i) Compensation.--Level IV of the Executive Schedule under section
5315 of title 5, United States Code, applies with respect to the office
of Director.
SEC. 6. DEPUTY DIRECTOR.
(a) In General.--There shall be in the Census Bureau a Deputy
Director of the United States Census Bureau, who shall be appointed by
and serve at the pleasure of the Director. The position of Deputy
Director shall be a career reserved position within the meaning of
section 3132(a)(8) of title 5, United States Code.
(b) Functions.--The Deputy Director shall perform such functions as
the Director shall designate. During any absence or disability of the
Director, the Deputy Director shall act as Director. In the event of a
vacancy in the office of Director, the Deputy Director shall act as
Director until a Director is appointed.
SEC. 7. TRANSFERS.
(a) Functions.--There shall be transferred to and vested in the
Director all functions that, as of December 31, 2011, were--
(1) vested in the Secretary of Commerce by title 13, United
States Code, Executive order, or any other provision of law;
and
(2) delegated to the Director of the Census within the
Department of Commerce.
(b) Personnel, Assets, etc.--
(1) In general.--There shall be transferred from the
Department of Commerce to the Census Bureau, for appropriate
allocation by the Director--
(A) the personnel employed in connection with the
functions transferred by subsection (a); and
(B) the assets, liabilities, contracts, property,
records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed,
held, or used in connection with such functions,
arising from such functions, or available, or to be
made available, in connection with such functions.
(2) Unexpended funds.--Unexpended funds transferred
pursuant to this subsection shall be used only for the purposes
for which the funds were originally appropriated.
(3) Employment protections.--During the 1-year period
beginning on January 1, 2012--
(A) the transfer pursuant to this section of any
full-time personnel (except special Government
employees) and part-time personnel holding permanent
positions shall not cause any such personnel to be
separated or reduced in grade or compensation solely as
a result of such transfer; and
(B) any such personnel who were not employed in the
Bureau of the Census in the Department of Commerce as
of December 31, 2011, shall not be subject to directed
reassignment to a duty station outside their commuting
area.
(c) Effective Date.--This section shall take effect on January 1,
2012.
SEC. 8. TRANSITION RULES.
(a) Relating to Officers.--
(1) Appointment of initial director.--The initial Director
of the United States Census Bureau shall be appointed in
accordance with the provisions of section 5(a).
(2) Interim role of current director of the census after
effective date of new census bureau.--If, as of January 1,
2012, the initial Director of the United States Census Bureau
has not taken office, the officer serving on December 31, 2011,
as Director of the Census (or Acting Director of the Census, if
applicable) in the Department of Commerce shall serve as the
Director of the United States Census Bureau, and shall assume
the powers and duties of such Director, until the initial
Director has taken office.
(b) Continuation of Orders, Determinations, Rules, Regulations,
etc.--All orders, determinations, rules, regulations, permits,
contracts, collective bargaining agreements (and ongoing negotiations
relating to such collective bargaining agreements), recognitions of
labor organizations, certificates, licenses, and privileges--
(1) which have been issued, made, promulgated, granted, or
allowed to become effective, in the exercise of functions (A)
which were exercised by the Secretary of Commerce (or delegate
thereof), and (B) which relate to functions which, by reason of
this Act are vested in the Director of the United States Census
Bureau, and
(2) which are in effect as of December 31, 2011,
shall continue in effect according to their terms until modified,
terminated, suspended, set aside, or repealed by the Director of the
United States Census Bureau, except that any collective bargaining
agreement shall remain in effect until the date of termination in
accordance with such agreement.
(c) Continuation of Proceedings.--The provisions of this Act shall
not affect any proceeding pending before the Secretary of Commerce (or
delegate thereof) as of December 31, 2011, with respect to functions
which (by reason of this Act) are vested in the Director of the United
States Census Bureau, except that such proceedings, to the extent that
such proceedings relate to such functions, shall continue before such
Director. Orders shall be issued under any such proceeding, appeals
taken therefrom, and payments shall be made pursuant to such orders, in
like manner as if this Act had not been enacted, and orders issued in
any such proceeding shall continue in effect until modified,
terminated, superseded, or repealed by such Director, by a court of
competent jurisdiction, or by operation of law.
(d) Continuation of Suits.--Except as provided in this subsection--
(1) the provisions of this Act shall not affect suits
commenced before January 1, 2012; and
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered, in the same manner and effect as
if this Act had not been enacted.
No cause of action, and no suit, action, or other proceeding commenced
by or against any officer in such officer's official capacity as an
officer of the Department of Commerce, shall abate by reason of the
enactment of this Act. In any suit, action, or other proceeding pending
as of December 31, 2011, the court or hearing officer may at any time,
on the motion of the court or hearing officer or that of a party, enter
an order which will give effect to the provisions of this subsection
(including, where appropriate, an order for substitution of parties).
(e) Continuation of Penalties.--This Act shall not have the effect
of releasing or extinguishing any civil or criminal prosecution,
penalty, forfeiture, or liability incurred as a result of any function
which (by reason of this Act) is vested in the Director of the United
States Census Bureau.
(f) Judicial Review.--Orders and actions of the Director of the
United States Census Bureau in the exercise of functions vested in such
Director by reason of this Act shall be subject to judicial review to
the same extent and in the same manner as if such orders had been made
and such actions had been taken by the Secretary of Commerce in the
exercise of such functions immediately before the transfer described in
section 7(a). Any statutory requirements relating to notice, hearings,
action upon the record, or administrative review that apply to any
function so vested in such Director shall continue to apply to the
exercise of such function by such Director.
(g) Exercise of Functions.--In the exercise of the functions vested
in the Director of the United States Census Bureau under this Act, such
Director shall have the same authority as that vested in the Secretary
of Commerce with respect to the exercise of such functions immediately
preceding the vesting of such functions in such Director, and actions
of such Director shall have the same force and effect as if exercised
by such Secretary.
SEC. 9. INSPECTOR GENERAL.
(a) In General.--Section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or the Federal
Cochairpersons of the Commissions established under section
15301 of title 40, United States Code;'' and inserting ``the
Federal Cochairpersons of the Commissions established under
section 15301 of title 40, United States Code; or the Director
of the United States Census Bureau;''; and
(2) in paragraph (2), by striking ``or the Commissions
established under section 15301 of title 40, United States
Code,'' and inserting ``the Commissions established under
section 15301 of title 40, United States Code, or the United
States Census Bureau,''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2012.
SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.
Not later than January 1, 2011, the Director of the Census shall
submit to each House of the Congress draft legislation containing any
technical and conforming amendments to title 13, United States Code,
and any other provisions which may be necessary to carry out the
purposes of this Act. | Restoring the Integrity of American Statistics Act of 2008 - Reestablishes the United States Census Bureau as an independent establishment in the executive branch, effective January 1, 2012.
Requires the Bureau Director to be appointed by the President without regard to political affiliation for a five-year term.
Provides for: (1) the transfer of functions, personnel, assets, and liabilities of the Bureau under the Department of Commerce; (2) transition rules; and (3) appointment of an Inspector General for the Bureau. | {"src": "billsum_train", "title": "To make the Census Bureau an independent establishment."} | 3,434 | 105 | 0.426801 | 1.185048 | 0.399601 | 3 | 33.11 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Access to Continued
Education Act of 2003''.
SEC. 2. HOPE SCHOLARSHIP CREDIT MADE REFUNDABLE; REPEAL OF LIFETIME
LEARNING CREDIT.
(a) Hope Credit To Be Refundable.--Section 25A of the Internal
Revenue Code of 1986 (relating to Hope and Lifetime Learning credits)
is hereby moved to subpart C of part IV of subchapter A of chapter 1 of
such Code (relating to refundable credits) and inserted after section
35.
(b) Repeal of Lifetime Learning Credit.--Subsection (a) of section
36 of such Code (as moved by subsection (a) and redesignated by
subsection (c)) is amended by striking ``the sum of--'' and all that
follows and inserting `` the Hope Scholarship Credit.''.
(c) Technical Amendments.--
(1) Section 36 of such Code is redesignated as section 37.
(2) Section 25A of such Code (as moved by subsection (a))
is redesignated as section 36.
(3) Section 36 of such Code (as redesignated by paragraph
(2)) is amended as follows:
(A) Such section is amended by striking subsection
(c) and redesignating subsections (d) through (i) as
subsections (c) through (h), respectively.
(B) Subsection (f)(2)(A) of such section (as
amended by subparagraph (A)) is amended by striking
``(b), (c), and (d)'' and inserting ``(b) and (c)''.
(C) Subsection (g)(2)(A) of such section (as
amended by subparagraph (A)) is amended by striking
``subsection (d)(2)'' and inserting ``subsection
(c)(2)''.
(4) Paragraph (1) of section 36(a) of such Code (as
redesignated by paragraph (2)) is amended by striking ``this
chapter'' and inserting ``this subtitle''.
(5) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 36(f)(2)''.
(6) Subparagraph (A) of section 135(d)(2) of such Code is
amended by striking ``section 25A'' and inserting ``section
36''.
(7) Section 221(e) of such Code is amended--
(A) in paragraph (2)(B), by striking ``section
25A(g)(2)'' and inserting ``section 36(f)(2)'' and by
striking ``section 25A(f)(2)'' and inserting ``section
36(e)(2)'', and
(B) in paragraph (3), by striking ``section
25A(b)(3)'' and inserting ``section 36(b)(3)''.
(8) Section 222 of such Code is amended--
(A) in subsection (c)(2)(A) by striking ``section
25A'' and inserting ``36'', and
(B) in subsection (d)(1)--
(i) by striking ``section 25A(f)'' and
inserting ``section 36(e)'', and
(ii) by striking ``section 25A(g)(2)'' and
inserting ``36(f)(2)''.
(9) Section 529 of such Code is amended--
(A) in subsection (c)(3)(B)(v)(I) by striking
``section 25A(g)(2)'' and inserting ``section
36(f)(2)'',
(B) in subsection (c)(3)(B)(v)(II) by striking
``section 25A'' and inserting ``section 36'', and
(C) in subsection (e)(3)(B)(i) by striking
``section 25A(b)(3)'' and inserting ``section
36(b)(3)''.
(10) Section 530(d) of such Code is amended--
(A) in paragraph (2)(C)(i)(I) by striking ``section
25A(g)(2)'' and inserting ``section 36(f)(2)'',
(B) in paragraph (2)(C)(i)(II) by striking
``section 25A'' and inserting ``section 36'', and
(C) in paragraph (4)(B)(iii) by striking ``section
25A(g)(2)'' and inserting ``section 36(f)(2)''.
(11) Subsection (e) of section 6050S of such Code is
amended by striking ``section 25A (without regard to subsection
(g)(2) thereof)'' and inserting ``section 36 (without regard to
subsection (f)(2) thereof)''.
(12) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``section 25A(g)(1)'' and inserting
``section 36(f)(1)''.
(13) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 36'' after ``section
35''.
(14) The heading for section 36 of such Code is amended to
read as follows:
``SEC. 36. HOPE SCHOLARSHIP CREDIT.''.
(15) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 36 and
inserting the following:
``Sec. 36. Hope and Lifetime Learning
credits.
``Sec. 37. Overpayments of tax.''
(16) The table of sections for subpart A of such part IV is
amended by striking the item relating to section 25A.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. EXPANSION OF HOPE SCHOLARSHIP CREDIT.
(a) Eligible Student.--Paragraph (3) of section 36(b) of the
Internal Revenue Code of 1986 (as amended by section 2) is amended to
read as follows:
``(3) Eligible student.--For purposes of this section--
``(A) In general.--Except as provided in
subparagraph (B), the term `eligible student' means,
with respect to any academic period, a student who
meets the requirements of section 484(a)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as
in effect on the date of the enactment of this section.
``(B) Special rule for job skills courses.--In the
case of any course of instruction at an eligible
educational institution to acquire or improve job
skills of the individual, such term means the
individual.''.
(b) Repeal of Limitations Relating to Credit Allowed Only for First
2 Years of Postsecondary Education and Convictions for Certain
Offenses.--Paragraph (2) of section 36(b) of such Code (as amended by
section 2) is amended by striking subparagraphs (C) and (D).
(c) Increase in Credit Amount.--
(1) In general.--Paragraph (1) of section 36(b) of such
Code (as amended by section 2) is amended--
(A) in subparagraph (A) by striking ``$1,000'' and
inserting ``$1,500'', and
(B) in subparagraph (B) by striking ``applicable
limit'' and inserting ``$2,500''.
(2) Inflation adjustment.--Subparagraph (A) of section
36(h)(1) of such Code (as amended by section 2) is amended--
(A) by striking ``2001'' and inserting ``2005'',
and
(B) by striking ``$1,000'' and inserting
``dollar''.
(d) Hope Scholarship Credit Not Reduced by Federal Pell Grants and
Supplemental Educational Opportunity Grants.--Subsection (f) of section
36 of such Code (as amended by section 2) is amended by adding at the
end the following new paragraph:
``(8) Pell and seog grants.--For purposes of the Hope
Scholarship Credit, paragraph (2) shall not apply to amounts
paid for an individual as a Federal Pell Grant or a Federal
supplemental educational opportunity grant under subparts 1 and
3, respectively, of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a and 1070b et seq.,
respectively).''.
(e) Qualified Tuition and Related Expenses Expanded to Include
Books, Supplies, Equipment, and Job Skill Courses.--
(1) In general.--Paragraph (1) of section 36(e) of such
Code (as amended by section 2)) is amended by adding at the end
the following new subparagraphs:
``(D) Additional expenses allowed for hope
scholarship credit.--For purposes of the Hope
Scholarship Credit, such term shall include fees,
books, supplies, and equipment required for courses of
instruction at the eligible educational institution.
``(E) Job skills courses.--Such term shall include
expenses described in subparagraph (A) (determined
after the application of subparagraphs (B) and (C))
with respect to any course of instruction at an
eligible educational institution to acquire or improve
job skills of the individual.''.
(2) Expanded hope expenses not subject to information
reporting requirements.--Subsection (e) of section 6050S of
such Code (as amended by section 2) is amended by striking
``subsection (f)(2)'' and inserting ``subsections (e)(1)(D) and
(e)(2)''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Personal Access to Continued Education Act of 2003 - Amends the Internal Revenue Code to: (1) repeal the Lifetime Learning Credit; (2) make the Hope Credit refundable; (3) increase the Hope Credit; (4) specify that such credit shall not be reduced by either Pell grants or supplemental educational opportunity grants; and (5) allow additional qualifying expenses for such credit, including job skills courses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase and enhance the Hope Scholarship Credit and to repeal the Lifetime Learning Credit."} | 2,286 | 81 | 0.596085 | 1.563433 | 0.470533 | 2 | 23.7125 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Mexico Economic
Partnership Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States and Mexico have benefitted from a
bilateral, mutually beneficial partnership focused on advancing
the economic interests of both countries.
(2) In 2013, Mexico adopted major energy reforms that
opened its energy sector to private investment, increasing
energy cooperation between Mexico and the United States and
opening new opportunities for United States energy engagement.
(3) On January 18, 2018, the Principal Deputy Assistant
Secretary for Educational and Cultural Affairs at the
Department of State stated, ``Our exchange programs build
enduring relationships and networks to advance U.S. national
interests and foreign policy goals. . . The role of our
exchanges. . . in advancing U.S. national security and economic
interests enjoys broad bipartisan support from Congress and
other stakeholders, and provides a strong return on
investment.''.
(4) According to the Institute of International Education,
in the 2015-2016 academic year, more than 56,000 United States
students studied in other countries in the Western Hemisphere
region while more than 84,000 non-United States students from
the region studied in the United States, but only 5,000 of
those United States students studied in Mexico and only 16,000
of those non-United States students were from Mexico.
(5) In March 2011, the United States launched the 100,000
Strong in the Americas Initiative, which seeks to increase
educational exchanges between the United States and other
countries in the Western Hemisphere region so that 100,000
United States students are studying in other countries in the
Western Hemisphere region and 100,000 non-United States
students from the region are studying in the United States per
year by 2020.
(6) In January 2014, the United States established the
100,000 Strong in the Americas Innovation Fund, which seeks to
realize the goals of the 100,000 Strong in the Americas
Initiative by facilitating a public-private partnership between
the Department of State and nongovernmental organizations,
corporations, and universities in the United States and other
countries of the Western Hemisphere region.
(7) To date, the 100,000 Strong in the Americas Innovation
Fund has awarded more than 100 grants to more than 250 higher
education institutions from 25 countries in the Western
Hemisphere region, and has raised $9,000,000 in investments, 75
percent of which was from corporations, foundations, and
regional governments.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to continue deepening economic cooperation between the
United States and Mexico; and
(2) to seek to prioritize and expand educational and
professional exchange programs with Mexico, including through
the framework of the 100,000 Strong in the Americas Initiative.
SEC. 4. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND PROFESSIONAL
EXCHANGE PROGRAMS WITH MEXICO.
(a) In General.--The Secretary of State shall develop a strategy to
carry out the policy described in section 3, to include prioritizing
and expanding educational and professional exchange programs with
Mexico through the framework of the 100,000 Strong in the Americas
Initiative.
(b) Elements.--The strategy required under subsection (a) shall--
(1) encourage more academic exchanges between the United
States and Mexico at the secondary, post-secondary, and post-
graduate levels, especially with communities and through
academic institutions in the covered United States-Mexico
border region;
(2) encourage United States and Mexican academic
institutions and businesses to collaborate to assist
prospective and developing entrepreneurs in strengthening their
business skills and promoting cooperation and joint business
initiatives across the United States and Mexico, with a focus
on initiatives in the covered United States-Mexico border
region;
(3) promote energy infrastructure coordination and
cooperation through support of vocational-level education,
internships, and exchanges between the United States and
Mexico, particularly in the region in which the Eagle Ford
Shale is located and in proximity to such region; and
(4) assess the feasibility of fostering partnerships
between universities in the United States and medical school
and nursing programs in Mexico to ensure that medical school
and nursing programs in Mexico have comparable accreditation
standards as medical school and nursing programs in the United
States by the Accreditation and Standards in Foreign Medical
Education, in addition to the Accreditation Commission For
Education in Nursing, so that medical students can pass medical
licensing board exams, and nursing students can pass nursing
licensing exams, in the United States.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a report on the strategy required under subsection (a).
SEC. 5. DEFINITIONS.
In this Act:
(1) 100,000 strong in the americas initiative.--The term
``100,000 Strong in the Americas Initiative'' means the
initiative established in March 2011 by the United States
Government to increase educational exchanges in the Western
Hemisphere.
(2) Covered united states-mexico border region.--The term
``covered United States-Mexico border region'' means those
portions of the United States and Mexico that are within 100
kilometers of the international boundary between those
countries.
Passed the House of Representatives November 27, 2018.
Attest:
KAREN L. HAAS,
Clerk. | United States-Mexico Economic Partnership Act This bill declares that it shall be U.S. policy to increase U.S.-Mexico academic exchanges at the secondary, post-secondary, and post-graduate levels. The United States and Mexico should seek to contribute to doubling the number of students studying in each other's country within five years. Priority should be given to strengthening ties between communities and academic institutions in those portions of the United States and Mexico that are within 100 kilometers of the international boundary between those countries. The President shall develop a plan to implement policies and programs that support cooperation, training, and mentoring of entrepreneurs. Such policies and programs should seek to provide not less than 100 grants of not more than $25,000 each for program participants to better leverage participation by the private sector. The President shall develop a plan to implement policies and programs that promote U.S.-Mexico energy infrastructure coordination and cooperation through support of vocational-level education, internships, and exchanges between the two countries. Such policies and programs should seek to provide education, internships, and exchanges for at least 1,000 program participants. The President shall develop a plan to implement a pilot program to develop a pipeline between undergraduate colleges and universities in the United States and medical school programs in Mexico. Such program should be utilized to prepare medical students to become doctors who can pass U.S. medical licensing board exams. The pilot program should seek to increase the number of bilingual medical professionals in a cost-effective manner who can practice in U.S. underserved communities. | {"src": "billsum_train", "title": "United States-Mexico Economic Partnership Act"} | 1,136 | 330 | 0.519601 | 1.862747 | 0.626379 | 2.527972 | 3.825175 | 0.730769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Missile Proliferation Sanctions
Act of 1997''.
SEC. 2. REPORTS ON MISSILE PROLIFERATION TO IRAN.
(a) Reports.--Except as provided in subsection (c), at the times
specified in subsection (b), the President shall submit to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
identifying every foreign person with respect to whom there is credible
evidence indicating that that person, on or after August 8, 1995--
(1) transferred goods or technology, or provided technical
assistance or facilities, that contributed to Iran's efforts to
acquire, develop, or produce ballistic missiles; or
(2) attempted to transfer goods or technology, or attempted
to provide technical assistance or facilities, that would have
contributed to Iran's efforts to acquire, develop, or produce
ballistic missiles.
(b) Timing of Reports.--The reports under subsection (a) shall be
submitted not later than 30 days after the date of the enactment of
this Act, not later than 180 days after such date of enactment, not
later than 360 days after such date of enactment, and annually
thereafter.
(c) Exception for Persons Previously Identified or Sanctioned or
Subject to Waiver.--Any person who--
(1) was identified in a previous report submitted pursuant
to subsection (a);
(2) has engaged in a transfer or transaction that was the
basis for the imposition of sanctions with respect to that
person pursuant to section 73 of the Arms Export Control Act or
section 1604 of the Iran-Iraq Arms Non-Proliferation Act of
1992; or
(3) may have engaged in a transfer or transaction, or made
an attempt, that was the subject of a waiver pursuant to
section 4,
is not required to be identified on account of that same transfer,
transaction, or attempt, in any report thereafter submitted pursuant to
this section.
SEC. 3. IMPOSITION OF SANCTIONS.
(a) Requirement To Impose Sanctions.--
(1) Requirement to impose sanctions.--The sanctions
described in subsection (b) shall be imposed on--
(A) any foreign person identified under subsection
(a)(1) of section 2 in a report submitted pursuant to
that section; and
(B) any foreign person identified under subsection
(a)(2) of section 2 in a report submitted pursuant to
that section, if that person has been identified in
that report or a previous report as having made at
least 1 other attempt described in subsection (a)(2) of
that section.
(2) Effective date of sanctions.--The sanctions shall be
effective--
(A) 30 days after the date on which the report
triggering the sanction is submitted, if the report is
submitted on or before the date required by section
2(b);
(B) 30 days after the date required by section 2(b)
for submitting the report, if the report triggering the
sanction is submitted within 30 days after that date;
and
(C) immediately after the report triggering the
sanction is submitted, if that report is submitted more
than 30 days after the date required by section 2(b).
(b) Description of Sanctions.--The sanctions referred to in
subsection (a) that are to be imposed on a foreign person described in
that subsection are the following:
(1) Arms export sanction.--For a period of not less than 2
years, the United States Government shall not sell to that
person any item on the United States Munitions List as of
August 8, 1995, and shall terminate sales to that person of any
defense articles, defense services, or design and construction
services under the Arms Export Control Act.
(2) Dual use sanction.--For a period of not less than 2
years, the authorities of section 6 of the Export
Administration Act of 1979 shall be used to prohibit the export
of any goods or technology on the control list established
pursuant to section 5(c)(1) of that Act to that person.
(3) United states assistance.--For a period of not less
than 2 years, the United States Government shall not provide
any assistance in the form of grants, loans, credits,
guarantees, or otherwise, to that person.
SEC. 4. WAIVER.
The President may waive the imposition of any sanction that
otherwise would be required to be imposed pursuant to section 3 on any
foreign person 15 days after the President determines and reports to
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate
that, on the basis of information provided by the person, or otherwise
obtained by the President, the President is persuaded that the person
did not, on or after August 8, 1995--
(1) transfer goods or technology, or provide technical
assistance or facilities, that contributed to Iran's efforts to
acquire, develop, or produce ballistic missiles; or
(2) attempt on more than one occasion to transfer goods or
technology, or to provide technical assistance or facilities,
that would have contributed to Iran's efforts to acquire,
develop, or produce ballistic missiles.
SEC. 5. ADDITIONAL INFORMATION REGARDING ACTIONS BY GOVERNMENT OF
PRIMARY JURISDICTION.
As part of each report submitted pursuant to section 2, the
President shall include the following information with respect to each
person identified in that report:
(1) A statement regarding whether the government of primary
jurisdiction over that person was aware of the activities that
were the basis for the identification of that individual in the
report.
(2) If the government of primary jurisdiction was not aware
of the activities that were the basis for the identification of
that individual in the report, an explanation of the reasons
why the United States Government did not inform that government
of those activities.
(3) If the government of primary jurisdiction was aware of
the activities that were the basis for the identification of
that individual in the report, a description of the efforts, if
any, undertaken by that government to prevent those activities,
and an assessment of the effectiveness of those efforts,
including an explanation of why those efforts failed.
(4) If the government of primary jurisdiction was aware of
the activities that were the basis for the identification of
that individual in the report and failed to undertake effective
efforts to prevent those activities, a description of any
sanctions that have been imposed on that government by the
United States Government because of such failure.
SEC. 6. DEFINITIONS.
In this Act:
(1) Government of primary jurisdiction.--The term
``government of primary jurisdiction'' means the government
under whose laws a foreign person is organized, or the
government of the place where a foreign person is headquartered
or habitually resides.
(2) Foreign person.--The term ``foreign person'' means a
natural person as well as a corporation, business association,
partnership, society, trust, any other nongovernmental entity,
organization, or group, and any governmental entity operating
as a business enterprise, and any successor or subsidiary of
any such entity that is organized, headquartered, or habitually
resides outside the United States. | Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles.
Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions on the basis of additional information demonstrating that the sanctioned person did not commit the acts alleged. | {"src": "billsum_train", "title": "Iran Missile Proliferation Sanctions Act of 1997"} | 1,541 | 206 | 0.677871 | 2.08067 | 0.997404 | 2.748634 | 8.065574 | 0.857923 |
SECTION 1. VEGETATION MANAGEMENT ON FEDERAL LANDS CONTAINING ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITIES.
(a) In General.--Title V of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end
the following new section:
``SEC. 512. VEGETATION MANAGEMENT RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS-OF-WAY.
``(a) General Direction.--In order to enhance the reliability of
the electricity grid and reduce the threat of wildfires to electric
transmission and distribution facilities, the Secretary of the
Interior, with respect to public lands and other lands under the
jurisdiction of the Secretary, and the Secretary of Agriculture, with
respect to National Forest System lands, shall provide direction to
ensure that existing and future authorizations of rights-of-way and
easements for electrical transmission and distribution facilities on
such lands include provisions for utility vegetation management
activities that, while consistent with applicable law--
``(1) are developed in consultation with the holder of the
right-of-way or easement;
``(2) enable the owner or operator of a facility to comply
with Federal and State electric system reliability and fire
safety requirements, including reliability standards
established by the North American Electric Reliability Council
or the Electric Reliability Organization certified under
section 215 of the Federal Power Act;
``(3) minimize the need for case-by-case or annual
approvals for--
``(A) routine vegetation management activities
within permitted electrical transmission corridors; and
``(B) utility vegetation management activities that
are necessary to control hazard trees within or
adjacent to electrical transmission corridors;
``(4) provide for expedited review, whenever review is
required, and expedited approval, to the maximum extent
practicable, for utility vegetation management activities,
especially activities requiring prompt action to avoid an
adverse impact on safety or electric reliability.
``(b) Integrated Vegetation Management Plans.--
``(1) Development and submission.--Consistent with
subsection (a), the Secretary of the Interior and the Secretary
of Agriculture shall provide owners and operators of electric
transmission and distribution facilities located on lands
described in such subsection with the option to develop and
submit an integrated vegetation management plan for approval to
the Secretary with jurisdiction over the lands. An integrated
vegetation management plan shall enable the owner or operator
of a facility, at a minimum, to comply with applicable Federal
and State electric system reliability and fire safety
requirements, as provided in subsection (a)(2). The Secretaries
shall not have the authority to modify those requirements.
``(2) Review and approval process.-- The Secretary of the
Interior and the Secretary of Agriculture shall jointly develop
a consolidated and coordinated process for review and approval
of--
``(A) integrated vegetation management plans
submitted under paragraph (1) that--
``(i) assures timely approval;
``(ii) is consistent with applicable law;
and
``(iii) to the maximum extent practicable,
minimizes the costs of the process to the
reviewing agency and the person submitting the
plan; and
``(B) amendments to an integrated vegetation
management plan in a timely manner in the event that
changed conditions warrant a modification to a plan.
``(3) Notification.--The review and approval process under
paragraph (2) shall--
``(A) include notification by the agency of any
changed conditions that warrant a modification to an
integrated vegetation management plan;
``(B) provide an opportunity for the owner or
operator to submit a proposed plan amendment to address
directly the changed condition; and
``(C) to the maximum extent practicable, allow the
owner or operator to continue to implement those
elements of the approved plan that do not directly and
adversely affect the condition precipitating the need
for modification.
``(4) Implementation.--An approved integrated vegetation
management plan shall become part of the authorization
governing the covered right-of-way or easement. If an
integrated vegetation management plan is proposed for an
existing transmission and distribution facility concurrent with
the siting of a new transmission or distribution facility,
necessary reviews shall be completed as part of the siting
process. Once the plan is approved, the owner or operator shall
provide the agency with only a notification of activities to be
undertaken in the coming year, a description of those
activities, and certification that the activities are in
accordance with the plan.
``(5) Definition.--In this section, the term `integrated
vegetation management plan' means a plan that--
``(A) is prepared by the owner or operator of an
electrical transmission or distribution facility to
cover one or more electric transmission and
distribution rights-of-way or easements; and
``(B) provides for the long-term, cost-effective,
sustainable, ecosystem-based management of vegetation
within the permitted width of the covered rights-of-way
and easements to enhance electricity reliability,
promote public safety, and avoid fire hazards.
``(c) Response to Emergency Conditions.--If vegetation on lands
within a right-of-way or easement granted by the Secretary of the
Interior or the Secretary of Agriculture does not meet clearance
requirements under standards established by the North American Electric
Reliability Council or the Electric Reliability Organization and the
Secretary having jurisdiction over the lands has acted, or failed to
act, to allow a transmission or distribution facility owner or operator
to conduct vegetation management activities within three business days
after receiving a request to allow such activities, the owner or
operator may, after notifying the Secretary, conduct such vegetation
management activities to meet clearance requirements under such
standards.
``(d) Liability Waiver.--
``(1) Waiver.--If the Secretary of the Interior or the
Secretary of Agriculture fails to authorize a transmission or
distribution facility owner or operator to manage vegetation
within a right-of-way or easement on lands under the
jurisdiction of the Secretary in order to comply with Federal
and State electric system reliability and fire safety
requirements, including reliability standards established by
the North American Electric Reliability Council or the Electric
Reliability Organization, and the vegetation causes or
contributes to wildfire damage, loss, or injury, the owner or
operator of the facility involved shall not be liable to the
United States directly, through indemnification, or otherwise
for such damage, loss, or injury, including for the cost of
fire suppression.
``(2) Exception.--The owner or operator of a transmission
or distribution facility in a right-of-way or easement on lands
under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture shall continue to be liable for a
portion of the damages caused by a wildfire described in
paragraph (1) and the cost of fire suppression if the owner or
operator was contributorily negligent and the law of the
jurisdiction in which the damages or costs occurred applies the
comparative negligence doctrine.
``(e) Training and Guidance.--In consultation with the electric
utility industry, the Secretary of the Interior and the Secretary of
Agriculture are encouraged to develop a program to train personnel of
the Department of the Interior and the Forest Service involved in
vegetation management decisions relating to transmission and
distribution facilities to ensure that such personnel--
``(1) understand electric system reliability and fire
safety requirements, including reliability standards
established by the North American Electric Reliability Council
or the Electric Reliability Organization; and
``(2) assist owners and operators of transmission and
distribution facilities to comply with applicable electric
reliability and fire safety requirements.''.
(b) Implementation.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall prescribe regulations, or amend existing
regulations, to implement section 512 of the Federal Land Policy and
Management Act of 1976, as added by subsection (a). | Amends the Federal Land Policy and Management Act of 1976 to direct the Secretaries of Agriculture and the Interior, with respect to public lands under their respective jurisdictions, to ensure that existing and future authorizations of rights-of-way and easements for electrical transmission and distribution facilities (facilities) on such lands include provisions for utility vegetation management activities that enhance the reliability of the electricity grid and reduce the threat of wildfires to such facilities. Directs such Secretaries to provide owners and operators of such facilities on such lands with the option to develop and submit an integrated vegetation management plan for approval. Outlines a plan review, approval, and implementation process. Allows such owners and operators to conduct vegetation management activities to meet facilities' clearance requirements. Provides a liability waiver when the appropriate Secretary fails to allow such owners and operators to manage vegetation within a right-of-way or easement on such lands, with an exception in the case of contributory negligence.
Encourages such Secretaries to develop a program to train appropriate federal personnel involved in vegetation management decisions relating to such facilities. | {"src": "billsum_train", "title": "To amend the Federal Land Policy and Management Act to enhance the reliability of the electricity grid and reduce the threat of wildfires to electric transmission and distribution facilities on Federal lands by authorizing vegetation management on such lands."} | 1,715 | 232 | 0.64566 | 1.918528 | 0.90742 | 4.665025 | 8.054187 | 0.921182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay It Back Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Congressional Budget Office estimates that the
deficit for this fiscal year will reach $1.6 trillion or 11
percent of the Gross Domestic Product;
(2) this deficit represents the largest relative deficit
since the end of World War II;
(3) the Congressional Budget Office estimates that the
fiscal year 2010 deficit will reach $1.4 trillion; and
(4) given the choice between forcing our children to pay
for the national debt and requiring banks and other
beneficiaries of the goodwill of the taxpayer to make a down
payment now, we choose to help our kids.
SEC. 3. AMENDMENT TO TARP AUTHORIZATION.
Section 115(a)(3) of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5225(a)(3)) is amended by striking ``outstanding at any
one time'' and inserting ``, in the aggregate (or such higher amount,
in the aggregate, as has been obligated or expended under this Act as
of the date of enactment of the Pay It Back Act)''.
SEC. 4. REPORT.
Section 106 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5216) is amended by inserting at the end the following:
``(f) Report.--The Secretary of the Treasury shall report to
Congress every 6 months on amounts received and transferred to the
general fund under subsection (d).''.
SEC. 5. AMENDMENTS TO HOUSING AND ECONOMIC RECOVERY ACT OF 2008.
(a) Sale of Fannie Mae Obligations and Securities by the Treasury;
Deficit Reduction.--Section 304(g)(2) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1719(g)(2)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Deficit reduction.--The Secretary of the
Treasury shall--
``(i) deposit in the General Fund of the
Treasury any amounts received by the Secretary
for the sale of any obligation or security
acquired by the Secretary under this
subsection; and
``(ii) ensure that such amounts so
deposited--
``(I) are dedicated for the sole
purpose of deficit reduction; and
``(II) are prohibited from use as
an offset for other spending increases
or revenue reductions.''.
(b) Sale of Freddie Mac Obligations and Securities by the Treasury;
Deficit Reduction.--Section 306(l)(2) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1455(l)(2)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Deficit reduction.--The Secretary of the
Treasury shall--
``(i) deposit in the General Fund of the
Treasury any amounts received by the Secretary
for the sale of any obligation or security
acquired by the Secretary under this
subsection; and
``(ii) ensure that such amounts so
deposited--
``(I) are dedicated for the sole
purpose of deficit reduction; and
``(II) are prohibited from use as
an offset for other spending increases
or revenue reductions.''.
(c) Sale of Federal Home Loan Banks Obligations by the Treasury;
Deficit Reduction.--Section 11(l)(2) of the Federal Home Loan Bank Act
(12 U.S.C. 1431(l)(2)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Deficit reduction.--The Secretary of the
Treasury shall--
``(i) deposit in the General Fund of the
Treasury any amounts received by the Secretary
for the sale of any obligation acquired by the
Secretary under this subsection; and
``(ii) ensure that such amounts so
deposited--
``(I) are dedicated for the sole
purpose of deficit reduction; and
``(II) are prohibited from use as
an offset for other spending increases
or revenue reductions.''.
(d) Repayment of Fees.--Any periodic commitment fee or any other
fee or assessment paid by the Federal National Mortgage Association or
Federal Home Loan Mortgage Corporation to the Secretary of the Treasury
as a result of any preferred stock purchase agreement, mortgage-backed
security purchase program, or any other program or activity authorized
or carried out pursuant to the authorities granted to the Secretary of
the Treasury under the amendments made by section 1117 of the Housing
and Economic Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2683),
including any fee agreed to by contract between the Secretary and the
Association or Corporation, shall be deposited in the General Fund of
the Treasury where such amounts shall be--
(1) dedicated for the sole purpose of deficit reduction;
and
(2) prohibited from use as an offset for other spending
increases or revenue reductions.
SEC. 6. FEDERAL HOUSING FINANCE AGENCY REPORT.
The Director of the Federal Housing Finance Agency shall submit to
Congress a report on the plans of the Agency to continue to support and
maintain the Nation's vital housing industry, while at the same time
guaranteeing that the American taxpayer will not suffer unnecessary
losses.
SEC. 7. REPAYMENT OF UNOBLIGATED ARRA FUNDS.
(a) Rejection of ARRA Funds by State.--Section 1607 of division A
of the American Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 303) is amended by adding at the end the following:
``(d) Statewide Rejection of Funds.--If funds provided to any State
in any division of this Act are not accepted for use by the Governor of
the State pursuant to subsection (a) or by the State legislature
pursuant to subsection (b), then all such funds shall be--
``(1) rescinded; and
``(2) deposited in the General Fund of the Treasury, where
such amounts shall be--
``(A) dedicated for the sole purpose of deficit
reduction; and
``(B) prohibited from use as an offset for other
spending increases or revenue reductions.''.
(b) Withdrawal or Recapture of Unobligated Funds.--Title XVI of
division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 123 Stat. 302) is amended by adding at the end the
following:
``withdrawal or recapture of unobligated funds
``Sec. 1613. Notwithstanding any other provision of this Act, if
the head of any executive agency withdraws or recaptures for any reason
funds appropriated or otherwise made available under this division, and
such funds have not been obligated by a State to a local government or
for a specific project, such recaptured funds shall be--
``(1) rescinded; and
``(2) deposited in the General Fund of the Treasury, where
such amounts shall be--
``(A) dedicated for the sole purpose of deficit
reduction; and
``(B) prohibited from use as an offset for other
spending increases or revenue reductions.''.
(c) Return of Unobligated Funds by End of 2012.--Section 1603 of
division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 123 Stat. 302) is amended--
(1) by striking ``All funds'' and inserting ``(a) In
General.--All funds''; and
(2) by adding at the end the following:
``(b) Repayment of Unobligated Funds.--Any discretionary
appropriations made available in this division that have not been
obligated as of December 31, 2012, are hereby rescinded, and such
amounts shall be deposited in the General Fund of the Treasury, where
such amounts shall be--
``(1) dedicated for the sole purpose of deficit reduction;
and
``(2) prohibited from use as an offset for other spending
increases or revenue reductions.
``(c) Presidential Waiver Authority.--
``(1) In general.--The President may waive the requirements
under subsection (b), if the President determines that it is
not in the best interest of the Nation to rescind a specific
unobligated amount after December 31, 2012.
``(2) Requests.--The head of an executive agency may also
apply to the President for a waiver from the requirements under
subsection (b).''.
SEC. 8. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.
Section 3101 of title 31, United States Code, is amended--
(1) in subsection (b), by inserting ``minus the aggregate
amounts described in subsection (d)'' before ``, outstanding at
one time''; and
(2) by adding at the end the following:
``(d) Amounts described in this subsection are any amounts received
by the Secretary of the Treasury pursuant to--
``(1) section 106(d) of the Emergency Economic
Stabilization Act of 2008 before, on, or after the date of
enactment of this subsection; and
``(2) section 304(g) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1719(g)), section 306(l) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1455(l)), section 11(l) of the Federal Home Loan Bank Act (12
U.S.C. 1431(l)), section 1607(d) of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5),
section 1613 of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), and sections 5(d)
and 7(c) of the Pay It Back Act after the date of enactment of
this subsection.''. | Pay It Back Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to revise the limitation on the authority of the Secretary of the Treasury to purchase troubled assets under the Troubled Asset Relief Program (TARP) to $700 billion outstanding at any one time. Changes the maximum authority to $700 billion, in the aggregate, or such higher amount, in the aggregate, as has been obligated or expended under TARP as of the enactment of this Act.
Requires the Secretary to report to Congress every six months on transfer to the Treasury's General Fund for reduction of the public debt of revenues of, and proceeds from the sale of troubled assets purchased under TARP, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under TARP.
Amends the Federal National Mortgage Association Charter Act, the Federal Home Loan Mortgage Corporation Act, and the Federal Home Loan Bank Act to require the Secretary to deposit in the Treasury solely for debt reduction any amounts received by the Secretary for the sale of any obligation or security acquired from the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), or a Federal Home Loan Bank for secondary market operations. Prohibits the use of any such amounts as an offset for other spending increases or revenue reductions.
Requires deposit in the Treasury solely for debt reduction of any periodic commitment fee or any other fee or assessment paid to the Secretary by Fannie Mae or Freddie Mac as a result of any preferred stock purchase agreement, mortgage-backed security purchase program, or any other program or activity under the Housing and Economic Recovery Act of 2008.
Requires the Director of the Federal Housing Finance Agency (FHFA) to report to Congress on FHFA plans to continue to support and maintain the nation's vital housing industry, while at the same time guaranteeing that the American taxpayer will not suffer unnecessary losses.
Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to require: (1) rescission of any ARRA (stimulus) funds offered to but not accepted by the governor or legislature of a state; and (2) their deposit in the Treasury solely for debt reduction. Requires the same treatment for any funds withdrawn or recaptured by an executive agency head which have not been obligated by a state to a local government or for a specific project.
Rescinds for deposit in the Treasury solely for debt reduction specified discretionary appropriations that have not been obligated as of December 31, 2012.
Lowers the statutory limit on the public debt by the amounts the Secretary receives under this Act for deposit in the Treasury solely for debt reduction. | {"src": "billsum_train", "title": "To apply recaptured taxpayer investments toward reducing the national debt."} | 2,258 | 589 | 0.53438 | 1.702075 | 0.686573 | 4.096267 | 3.968566 | 0.882122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Domestic Violence Victim
Notification Act''.
SEC. 2. VICTIM NOTIFICATION SYSTEM.
(a) Amendment.--Subtitle A of the Violence Against Women Act of
1994 is amended by adding at the end the following:
``CHAPTER 6--VICTIM NOTIFICATION SYSTEM
``SEC. 40161. ESTABLISHMENT AND OPERATION.
``(a) In General.--The Attorney General may make a grant to a
private non-profit entity to create and operate a national victim
notification system (referred to in this section as a `VINE system'). A
VINE system shall be a comprehensive community and individual awareness
program that connects communities and victims of domestic violence with
vital criminal justice information about individuals who have been
charged with a domestic violence crime and prison inmates.
``(c) Notification.--
``(1) In general.--The VINE system shall have a system
whereby information about such individuals and inmates,
including the status of the prosecution of such individuals,
the correctional status of such inmates, the availability of
assistance from local law enforcement agencies and civil
restraining orders upon the release of such inmates, the
location of the nearest domestic violence center, and any
information obtained in the course of a sexual offender
registration, shall be available to individuals who contact the
system.
``(2) Specific components.-- Such a system shall include--
``(A) information on the trail date for an
individual charged with a domestic violence crime, the
release date of a prison inmate, the location of the
prison, if the inmate has not been released, the parole
eligibility dates of the inmate, the date the
imprisonment sentence expires, and any other relevant
data respecting such inmate as may be developed under
databases under State sexual offender registration
programs under section 170101 of the Violent Crime
Control and Law Enforcement Act of 1994;
``(B) referrals of victims to appropriate law
enforcement or victim service organizations;
``(C) a toll free number which operates 24 hours a
day, 365 days a year which a victim of domestic
violence may use to receive the information described
in subparagraphs (A) and (B);
``(D) a procedure under which a victim may register
with the system to receive automatic telephone
notification when the inmate involved has a change in
custody or other change, including court appointments,
which may involve or threaten the victim; and
``(E) the safeguards of the system to protect the
confidentiality of victims calling the toll free number
or receiving inmate information.''.
``(d) Other Activities.--In establishing and operating a VINE
system, the entity involved shall--
``(1) establish a procedure whereby the VINE system is to
receive on a regular basis information from the courts,
corrections institutions, and law enforcement agencies,
including law enforcement agencies which have information from
a State program for the registration of sexual offenders, about
individuals charged with domestic violence crimes and prison
inmates;
``(2) work collaboratively with the National Domestic
Violence Hotline authorized under section 40211 of the Violence
Against Women Act of 1994 (42 U.S.C. 10416) to create a system
of automatic referral to the National Domestic Violence Hotline
for information on the availability of shelters and services
that support battered women in the caller's area ; and
``(3) in connection with the National Domestic Violence
Hotline, employ, train, and supervise personnel to answer
incoming calls and provide counseling and referral services to
callers on a 24 hour-a-day basis;
``(4) publicize the National Domestic Violence Hotline to
potential users throughout the area the system is to serve.
``(e) Grants.--To be approved for a grant under subsection (a), an
application for such grant shall--
(1) contain such agreements, assurances, and information,
be in such form and be submitted in such manner as the Attorney
General shall prescribe through notice in the Federal Register;
(2) include a complete description of the applicant's plan
for its operation in connection with the National Domestic
Violence Hotline, including descriptions of--
``(A) the training program for hotline personnel;
``(B) the hiring criteria for hotline personnel;
``(C) the methods for the creation, maintenance,
and updating of a resource database;
``(D) a plan for publicizing the availability of
the hotline;
``(E) a plan for providing service to non-English
speaking callers; and
``(F) a plan for facilitating access to the hotline
by persons with hearing impairments;
``(3) demonstrate that the applicant has nationally
recognized expertise in the area of domestic violence and a
record of high quality service to victims of domestic violence;
``(4) demonstrate that the applicant has a commitment to
the provision of services to ethnic, racial, and non-English
speaking minorities, older individuals, and individuals with
disabilities; and
``(5) contain such other information as the Attorney
General may require.
``(f) Definition.--For purposes of this chapter, the term `prison
inmate' means a person who has been imprisoned for conviction of a
crime involving domestic violence.''.
SEC. 3. STUDY.
The Attorney General shall conduct a study about the integration of
a national victim notification system with the National Domestic
Violence Hotline, databases developed under State sexual offender
registration programs under section 170101 of the Violent Crime Control
and Law Enforcement Act of 1994, and the National Crime Information
Center. The Attorney General shall report the result of such study to
Congress along with any recommendation for legislation arising from
such study. | National Domestic Violence Victim Notification Act - Amends the Violence Against Women Act of 1994 to authorize the Attorney General to make grants to private non-profit entities to create and operate a national victim notification (VINE) system to serve as a comprehensive community and individual awareness program that connects communities and victims of domestic violence with vital criminal justice information about individuals who have been charged with a domestic violence crime, and prison inmates who have been convicted of a crime involving domestic violence.
Directs the Attorney General to study and report to the Congress on the integration of a national victim notification system with the National Domestic Violence Hotline, databases developed under certain State sexual offender registration programs, and the National Crime Information Center. | {"src": "billsum_train", "title": "National Domestic Violence Victim Notification Act"} | 1,271 | 154 | 0.672169 | 1.761732 | 0.788202 | 4.82963 | 8.82963 | 0.948148 |
<greek-th> x
SECTION 1. SHORT TITLE.<greek-th> x
This Act may be cited as the ``Medicare Market Acquisition Drug
Price Act of 2003''.<greek-th> x
SEC. 2. REFORM OF PAYMENT FOR DRUGS AND BIOLOGICALS UNDER THE MEDICARE
PROGRAM.<greek-th> x
(a) Payment Reform.--<greek-th> x
(1) In general.--Section 1842(o) of the Social Security Act
(42 U.S.C. 1395u(o)) is amended to read as follows:
<greek-th> x
``(o) Payment for Drugs and Biologicals.--<greek-th> x
``(1) General rule.--If a physician's, supplier's, or any
other person's bill or request for payment for services
includes a charge for a drug or biological for which payment
may be made under this part and the drug or biological is not
paid on a cost or prospective payment basis as otherwise
provided in this part, the amount payable for the drug or
biological shall be based on the following:<greek-th> x
``(A) Multi-source (generic) drugs.--In the case of
a drug or biological that meets the requirements for a
multi-source drug under subclauses (I) and (II) of
section 1927(k)(7)(A)(i), 105 percent of the volume-
weighted median average acquisition price for any drug
or biological covered under the same medicare HCPCS
code.<greek-th> x
``(B) Single source (brand) drugs and
biologicals.--In the case of a drug or biological that
meets the requirements for a single source drug under
section 1927(k)(7)(A)(iv), 105 percent of the average
acquisition price for the drug or
biological.<greek-th> x
``(C) Access exception.--The Secretary may modify
the rate otherwise applicable in order to assure access
to necessary drugs and biologicals in the case of sole
community providers in rural and other areas where the
providers are not reasonably able to obtain the drugs
and biologicals at the payment rates otherwise
applicable. Such modification shall not result in a
change of more than 15 percent of the rate otherwise
applicable.<greek-th> x
``(D) Data-related exception.--If the Secretary
determines that there is insufficient data available
with respect to compute an average acquisition price
for a drug or biological for a quarter or that, because
of a significant change in price from quarter-to-
quarter, the available data on the average acquisition
price does not accurately reflect the actual, current
acquisition cost for the drug or biological, the
Secretary may substitute for the quarters involved an
appropriate payment for the drug or biological for such
average acquisition price.<greek-th> x
``(E) Application of ndc codes.--If the Secretary
determines that it is appropriate to provide for
payment under this subsection using national drug code
(NDC) instead of HCPCS codes, in applying subparagraph
(A) the reference to the same HCPCS code shall be
deemed a reference to the appropriate national drug
codes for those drugs or biologicals that are
therapeutically and pharmaceutically equivalent and
bioequivalent (as defined for purposes of section
1927(k)(7)(A)).<greek-th> x
``(2) Definition of average acquisition price.--
<greek-th> x
``(A) In general.--For purposes of this subsection,
the term `average acquisition price' means, with
respect to a drug or biological and with respect to
each dosage form and strength of the drug or biological
product (without regard to any special packaging,
labeling, or identifiers on the dosage form or product
or package), the average of all final sales prices
charged by the manufacturer of the drug or biological
product in the United States, excluding sales exempt
from inclusion in the calculation of best price under
section 1927(c)(1)(C) (other than under clause
(ii)(III) of such section) and excluding sales subject
to a rebate under section 1927, as reported under
paragraph (3).<greek-th> x
``(B) Net price.--Such average acquisition price
shall be calculated net of all of the following (as
estimated by the Secretary):<greek-th> x
``(i) Volume discounts.<greek-th> x
``(ii) Prompt pay discounts and cash
discounts.<greek-th> x
``(iii) Charge-backs.<greek-th> x
``(iv) Short-dated product discounts (for
spoilage and other factors).<greek-th> x
``(v) Free goods and services.<greek-th> x
``(vi) Rebates.<greek-th> x
``(vii) All other price concessions
provided by the drug manufacturer.<greek-th> x
The Secretary may make subsequent adjustments in such
average acquisition price to take into account updated
information and differences between the price
previously estimated and the actual average acquisition
price.<greek-th> x
``(C) Weighting.--The average of all final sales
prices described in subparagraph (A) shall be
determined by dividing--<greek-th> x
``(i) the sum of all final prices charged
by the manufacturer (net of the adjustments
made under subparagraph (B)) for sales in the
period involved that are included in
subparagraph (A) for the drug or biological,
by<greek-th> x
``(ii) the total number of units of such
sales in the period.<greek-th> x
``(D) Distribution of reports.--The Secretary shall
promptly distribute applicable payment rates under this
subsection to carriers and fiscal intermediaries and
other contractors that make payment for drugs and
biologicals under this section in order to apply a
uniform reimbursement rate under this
section.<greek-th> x
``(3) Price reporting requirement.--<greek-th> x
``(A) In general.--As a condition for payment for
any drug or biological of a manufacturer under this
subsection, the manufacturer of the drug or biological
shall--<greek-th> x
``(i) report, on a quarterly basis, to the
Secretary (or the Secretary's designee)
<greek-th> x <greek-th> x <greek-th> x <greek-th>
x <greek-th> x the manufacturer's average acquisition price and the
information required under subparagraph (C) for all drugs and
biologicals of the manufacturer by national drug code
(NDC);<greek-th> x
``(ii) maintain such records (in written or
electronic form) regarding such sales and
prices for all such drugs and biologicals as
may be necessary to audit the information so
reported or required to be reported;
and<greek-th> x
``(iii) provide the Secretary with access
to such records in order to permit the
Secretary to audit information so reported or
required to be reported.<greek-th> x
``(B) Penalties.--The provisions of section
1927(b)(3)(C) shall apply with respect to the reporting
of information under subparagraph (A) in the same
manner as it applies to the reporting of information
under section 1927(b)(3)(A), except that the reference
in clause (i) of such section to $10,000 is deemed a
reference to $100,000 and any reference to a suspension
of an agreement is deemed a reference to a suspension
of payment for the drug or biological involved under
this part. The Secretary shall promptly refer to the
Inspector General of the Department of Health and Human
Services and, if appropriate, to appropriate officials
in the Department of Justice cases in which the
Secretary becomes aware of a false price representation
made in the information submitted under this
paragraph.<greek-th> x
``(C) Form of reporting.--Information required to
be reported under subparagraph (A)(i) shall be reported
in a form and manner specified by the Secretary. The
information required to be reported shall include the
identification of the generic name of the drug or
biological and its brand name (if any), the national
drug code (NDC) and the HCPCS code assigned to the drug
or biological, the dosage form, strength, volume, and
package size involved. The information for a quarter
shall be submitted not later than 30 days after the end
of the quarter. The information shall be accompanied by
a written and signed certification by an officer of the
manufacturer attesting to the accuracy of the
information reported. Such information shall include
updated information on the net price realized (taking
into account rebates and other amounts affecting net
price), regardless of the period for which such a
rebate or other adjustment in net price might have been
earned.<greek-th> x
``(D) Auditing.--The Secretary shall audit on a
periodic basis information reported or required to be
reported under this paragraph. The Secretary may
conduct such independent price gathering activities,
such as surveys and review of published catalog
information or other transactional information, as may
be appropriate to verify the accuracy of the
information reported.<greek-th> x
``(4) Dispensing fee.--If payment for a drug or biological
is made to a licensed pharmacy approved to dispense drugs or
biologicals under this part, the Secretary shall pay a
dispensing fee (less the applicable deductible and coinsurance
amounts) to the pharmacy. Such a dispensing fee shall be
subject to adjustment from year to year based upon changes in
the consumer price index over time and may be adjusted as the
Secretary determines to be appropriate to reflect differences
in the costs of dispensing different drugs and
biologicals.<greek-th> x
``(5) Payment required on an assignment-related basis.--
<greek-th> x
``(A) In general.--Payment for a charge for any
drug or biological for which payment may be made under
this part may be made only on an assignment-related
basis. <greek-th> x
``(B) Application of enforcement provisions.--The
provisions of subsection (b)(18)(B) shall apply to
charges for such drugs or biologicals in the same
manner as they apply to services furnished by a
practitioner described in subsection
(b)(18)(C).''.<greek-th> x
(2) Effective date.--Subject to subsection (c)(2), the
amendment made by paragraph (1) shall apply to drugs and
biologicals furnished on or after January 1, 2004.<greek-th> x
(b) Revision in Practice Expense Payments.--<greek-th> x
(1) Adjustment in oncologist medical supply expenses.--In
computing the practice expense component of the physician fee
schedule under section 1848 of the Social Security Act (42
U.S.C. 1395w094) with respect to payment for services of
oncologists, the Secretary of Health and Human Services shall
make adjustments to oncologists' reported medical supply
expenses in order to ensure that such expenses better reflect
the actual supply costs of providing such
services.<greek-th> x
(2) Allocation of indirect expenses.--In establishing such
fee schedule, the Secretary shall change the allocation of
indirect expenses in a manner so that all services, including
services without direct physician involvement, are allocated
the appropriate share of indirect expenses.<greek-th> x
(3) Services without direct physician involvement.--In
establishing such fee schedule, the Secretary shall calculate
payments, for those services without direct physician
involvement under the basic method, using information on the
resources required for each services and, if deemed necessary,
shall validate the underlying resource-based estimates of
direct practice expenses required to provide each
service.<greek-th> x
(4) Budget neutral adjustment.--The changes in payment made
by this subsection shall not be treated as a change in law or
regulation described in section 1848(f)(2)(D) of the Social
Security Act (42 U.S.C. 1395w094(f)(2)(D)).<greek-th> x
(5) Effective date.--The provisions of this subsection
apply to payments for services furnished on or after January 1,
2004.<greek-th> x
(c) Study of Payments for Blood Clotting Factors and Other
Biologicals.--<greek-th> x
(1) In general.--The Secretary of Health and Human Services
shall provide for a study of the appropriateness of the
medicare payment methodology for blood clotting factors and
other biologicals under part B of title XVIII of the Social
Security Act. Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on such study and shall include in such report
recommendations regarding whether to apply the payment
methodology provided under the amendment made by subsection
(a)(1) and alternative recommendations for appropriate
dispensing fees.<greek-th> x
(2) Delay in effective date.--The amendment made by
subsection (a)(1) shall not apply to blood clotting factors
furnished before the first day of the first calendar year that
begins at least 6 months after the date the report under
paragraph (1) has been submitted to the
Congress.<greek-th> x <greek-th><greek-th> x
08 | Medicare Market Acquisition Drug Price Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise payment for drugs and biologicals under Medicare.Directs the Secretary of Health and Human Services, in computing the practice expense component of the Medicare physician fee schedule with respect to payment for services of oncologists, to make adjustments to an oncologist's reported medical supply expenses in order to ensure that they better reflect the actual supply costs of providing such services.Requires the Secretary to provide for a study of the appropriateness of the Medicare payment methodology for blood clotting factors and other biologicals. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act with respect to reform of payment for drugs and biologicals under the Medicare Program."} | 3,438 | 140 | 0.490221 | 1.386788 | 0.490619 | 4.495652 | 22.565217 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Networking Electronically To Connect
Our Police Act of 2001'' or the ``NET COP Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) Internet-based crime-fighting, investigatory, and
information-sharing technologies have proven to be extremely
useful to the law enforcement agencies that use them;
(2) the sharing of information and the dissemination of
criminal intelligence between and among Federal, State, and
local law enforcement agencies benefit the society at large by
making criminal investigations more inclusive and effective;
(3) the sharing of information between and among Federal,
State, and local law enforcement agencies allows these agencies
to find missing, neglected, abused, or abducted children, as
well as non-custodial parents seeking to evade their legal or
financial responsibilities; and
(4) police departments in rural areas of the country tend
to be underserved by these Internet-based technologies.
(b) Purposes.--The purposes of this Act are--
(1) to authorize the Department of Justice to make grants
to rural police departments for the purchase or upgrade of
computer equipment, and to pay for Internet access for crime-
fighting, investigatory, or information-sharing purposes;
(2) to reimburse police department officials or members
who, acting on behalf of their rural police departments and
using personal funds, have purchased computer equipment or paid
for Internet access for crime-fighting, investigatory, or
information-sharing purposes; and
(3) to require annual reports to Congress on the
concentration of police departments that have Internet access,
particularly those departments serving rural areas.
SEC. 3. GRANTS AUTHORIZED.
The Attorney General is authorized to award grants to rural police
departments to--
(1) enable those departments to gain access to the various
crime-fighting, investigatory, and information sharing
resources available on the Internet; and
(2) reimburse rural police department officials and members
for the cost of computer equipment or Internet access.
SEC. 4. USE OF FUNDS.
Grants awarded under this Act may be used--
(1) for the purchase of new or upgraded computer hardware
or software;
(2) to pay for Internet access; and
(3) to reimburse rural police departments that have paid
for computer equipment or Internet access out of the funds of
the department or department official or members, for some or
all of the costs associated with those purchases, as determined
by the Attorney General.
SEC. 5. APPLICATION.
Each eligible rural police department that desires a grant under
this Act shall submit an application to the Attorney General at such
time, in such manner, and accompanied by such information as the
Attorney General may reasonably require.
SEC. 6. GRANT PROGRAM CRITERIA.
(a) In General.--In awarding a grant under this Act, the Attorney
General shall--
(1) set criteria for determining which police departments
are currently underserved by crime-fighting, investigatory, or
information-sharing technologies available on the Internet, by
differentiating between police departments that do not have
Internet access, and those departments that have access but are
using outmoded, obsolete, or otherwise inadequate technology;
and
(2) determine what would constitute the minimum feasible
package of technologies required to enable those police
departments to use existing crime-fighting, investigatory, and
information-sharing technologies.
(b) Grant Limitations.--The Attorney General shall set limits for
maximum annual grants, based on determinations made under subsection
(a), for rural police departments that do not have Internet access, and
for those that do have access but are using inadequate technology.
SEC. 7. POLICE DEPARTMENT TECHNOLOGY ASSISTANCE DESK.
The Attorney General shall establish a Police Department Technology
Assistance Desk to offer advice to chiefs of police in rural police
departments regarding--
(1) the types of products to buy in order to achieve not
less than a minimum level of Internet service to access
existing crime-fighting, investigatory, and information-sharing
technologies; and
(2) technology upgrades for those police departments in
possession of outmoded or obsolete technology;
(3) preferred vendors; and
(4) any other information the Attorney General determines
to be necessary.
SEC. 8. REPORT TO CONGRESS.
The General Accounting Office, in consultation with the Attorney
General, shall annually report to Congress on the concentration of
police departments in the country that have Internet access, with
particular emphasis on the number and percentage of rural police
departments that lack Internet access, especially high-speed Internet
access.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $500,000,000 for each of
fiscal years 2002 through 2007 to carry out this Act. | Networking Electronically To Connect Our Police Act of 2001 or NET COP Act - Authorizes the Attorney General to award grants to rural police departments to: (1) enable those departments to gain access to the various crime-fighting, investigatory, and information sharing resources available on the Internet; and (2) reimburse rural police department officials and members for the cost of computer equipment or Internet access.Allows grants awarded to be used: (1) for the purchase of new or upgraded computer hardware or software; (2) to pay for Internet access; and (3) to reimburse rural police departments that have paid for computer equipment or Internet access out of the funds of the department or department officials or members for some or all of the costs associated with those purchases, as determined by the Attorney General.Sets forth provisions regarding grant application requirements and grant program criteria.Directs the Attorney General to establish a Police Department Technology Assistance Desk to offer advice to chiefs of police in rural police departments. | {"src": "billsum_train", "title": "A bill to establish a grant program to enable rural police departments to gain access to the various crime-fighting, investigatory, and information-sharing resources available on the Internet, and for other purposes."} | 1,001 | 197 | 0.747763 | 2.303983 | 1.082664 | 7.638743 | 5.17801 | 0.947644 |
TITLE I--ACCESS TO SAFETY AND ADVOCACY FOR VICTIMS OF VIOLENCE AGAINST
WOMEN ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Access to Safety and Advocacy for
Victims of Violence Against Women Act''.
SEC. 102. PURPOSE.
The purpose of this title is to enhance safety and justice for
victims of sexual assault and domestic violence in every State,
jurisdiction under military or Federal control, tribal land, territory,
or commonwealth, through access to the justice system and improved
civil legal assistance.
SEC. 103. GRANTS TO IMPROVE ACCESS TO THE CIVIL JUSTICE SYSTEM.
(a) Eligible Grantees.--To be eligible for a grant under subsection
(c) an applicant shall be a--
(1) nonprofit domestic violence victim service program;
(2) nonprofit sexual assault victim service program;
(3) State, tribal, or local coalition of domestic violence
programs;
(4) State, tribal, or local coalition of sexual assault
programs;
(5) State, tribal, or local bar association;
(6) law school program;
(7) nonprofit legal service provider;
(8) court-based pro se program; or
(9) tribe or tribally recognized organization.
(b) Eligible Services.--
(1) Activities funded under grants under subsection (c)
shall be designed to further the health, safety, and economic
needs of victims of domestic violence and sexual assault
through legal assistance in any civil case, clemency
proceeding, or violation or enforcement of a protection order.
(2) Activities funded under subsection (c) shall include
civil legal assistance on behalf of persons who have inadequate
access to sufficient financial resources to secure appropriate
legal assistance.
(c) Grant Authority.--The Attorney General may make grants to
enhance the availability and quality of civil legal assistance for
victims of domestic violence and sexual assault through--
(1) efforts to further the health, safety, and economic
needs of victims of domestic violence and sexual assault;
(2) the provision of comprehensive legal services to
victims of domestic violence and sexual assault, including
assistance in family law, protection order, violation of
protection order, dependency, abuse and neglect, foster care,
clemency, housing, landlord-tenant, consumer credit, public
benefits, immigration, administrative, bankruptcy, property,
estate, civil rights, employment, disciplinary, civil relief,
restitution, and any civil legal matters arising from the
effects of the assault or abuse or otherwise related to the
health, safety, or economic well-being of the victim;
(3) the development of partnerships between domestic
violence and sexual assault programs and civil legal assistance
providers, including bar-sponsored pro bono projects and low-
cost representation programs designed to serve victims of
domestic violence and sexual assault;
(4) the improvement of court and administrative handling of
pro se cases involving victims of domestic violence and sexual
assault;
(5) efforts to enhance the availability and quality of
civil legal representation through increasing law school
programs on domestic violence and sexual assault;
(6) the development of training or technical assistance
programs on State, tribal, or local levels to improve the civil
justice system's response to domestic violence and sexual assault; and
(7) the provision of civil legal assistance for the
nonabusive parent in cases where the custody and visitation of
children subjected to child sexual abuse is sought or
challenged by the abusive parent or provision of civil legal
assistance for the nonabusive parent in any child welfare or
abuse and neglect proceedings involving children subjected to
sexual abuse.
SEC. 104. APPLICATION.
To be eligible for a grant under section 103(c), applicants shall
comply with the following:
(1) For entities primarily serving domestic violence
victims, offer comprehensive family law services at a minimum
and may also provide a broader range of civil legal services.
Applicants that have not previously provided family law
services may partner with any other eligible grantee with the
capacity to provide these services in order to satisfy this
requirement.
(2) For entities described in paragraphs (5) through (9) of
section 103(a), consult and coordinate with a nonprofit,
nongovernmental victim services program including a local,
State, or tribal sexual assault or domestic violence victim
services program.
(3) Certify in writing that--
(A) any person providing civil legal assistance
through a program funded under section 103(c) has
completed or will complete training on the dynamics of
domestic violence or sexual assault and related legal
issues;
(B) any training program conducted in satisfaction
of the requirement of subparagraph (A) has been or will
be developed with input from and in collaboration with
a State, local, or tribal domestic violence or sexual
assault program or coalition;
(C) any person or organization providing civil
legal assistance through a program funded under section
103(c) has informed or will inform State, local, or
tribal domestic violence or sexual assault programs or
coalitions of their work; and
(D) the grantee's organizational policies do not
require or encourage mediation or counseling involving
offenders and victims, in cases where sexual assault,
domestic violence, or child sexual abuse is an issue.
SEC. 105. FUNDING.
(a) Funding Levels.--There are authorized to be appropriated for
grants under section 103(c)--
(1) $60,000,000 for fiscal year 2001;
(2) $70,000,000 for fiscal year 2002;
(3) $84,000,000 for fiscal year 2003;
(4) $102,000,000 for fiscal year 2004; and
(5) $124,000,000 for fiscal year 2005.
(b) Allocation of Funds.--Of the total amounts appropriated under
subsection (a) in any fiscal year--
(1) at least 65 percent shall be allocated to projects that
provide direct services to victims of domestic violence and
sexual assault;
(2) at least 5 percent shall be used for grants for tribes
and tribally recognized organizations;
(3) no more than 10 percent shall be awarded to technical
assistance and training initiatives;
(4) no more than 5 percent shall be awarded to evaluation;
(5) 5 percent shall be utilized for the costs of
administration of this program; and
(6) at least 25 percent of the funds used for direct
services, training, and technical assistance shall be used to
support projects focused solely or primarily on civil legal
assistance for victims of sexual assault.
(c) Discrimination.--Activities funded under section 103(c) shall
be conducted pursuant to any applicable Federal, State, or local law
governing discrimination on the basis of race, color, national origin,
religion, sex, or disability, and shall be subject to section 307(a)(2)
of the Family Violence Prevention and Services Act (42 U.S.C.
10406(a)(2)). Entities funded under section 103(c) shall not be
restricted from providing services because of the age, immigration
status, or sexual orientation of the persons seeking services.
SEC. 106. EVALUATION OF ACCESS TO SAFETY AND ADVOCACY GRANTS.
The Attorney General may evaluate the grants funded under section
103(c) through contracts or other arrangements with entities expert on
sexual assault or domestic violence and evaluation research.
SEC. 107. DEFINITIONS.
For purposes of this title:
(1) Domestic violence.--The term ``domestic violence''
includes acts or threats of violence, and stalking, not
including acts of self-defense, committed by a current or
former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or
has cohabited with the victim, by a person who is or has been
in a social relationship of a romantic or intimate nature with
the victim, by a person similarly situated to a spouse of the
victim under the domestic violence or family violence laws of
the jurisdiction, or by any other person against a victim who
is protected from that person's acts under the domestic or
family violence laws of the jurisdiction.
(2) Nonprofit domestic violence victim service program.--
The term ``nonprofit domestic violence victim service program''
means a nonprofit nongovernmental organization, the primary
purpose of which is to provide advocacy on behalf of and
comprehensive services to victims of domestic violence,
including some combination of the following: crisis hotlines,
shelter or safe homes, transitional housing, counseling,
systems advocacy, safety planning, information and referral,
and legal assistance.
(3) Sexual assault.--The term ``sexual assault'' means any
conduct proscribed by chapter 109A of title 18, United States
Code, whether or not the conduct occurs in the special maritime
and territorial jurisdictions or tribal jurisdictions of the
United States or in a Federal prison and includes both assaults
committed by offenders who are strangers to the victim and
assaults committed by offenders who are known to the victim or
related by blood or marriage to the victim.
(4) Nonprofit sexual assault victim service program.--The
term ``nonprofit sexual assault victim service program'' means
a nonprofit, nongovernmental organization, the primary purpose
of which is to provide advocacy on behalf of and comprehensive
services to victims of sexual assault including some
combination of the following: crisis hotlines; counseling;
systems advocacy; transportation; safety planning; information;
and referrals to legal assistance.
(5) Law school program.--The term ``law school program''
means an internship, externship, clinic, or other legal
representation program or initiative located at an accredited
school of law which has as its primary purpose the provision of
civil legal representation, information, or assistance to
victims of domestic violence and sexual assault;
(6) State or local coalition of domestic violence
programs.--The term ``State or local coalition of domestic
violence programs'' means a private, nonprofit, nongovernmental
membership organization of domestic violence programs that,
among the other activities, provides training and technical
assistance to domestic violence programs within the State,
commonwealth, territory, local government, or lands under
military or Federal authority.
(7) State or local coalition of sexual assault programs.--
The term ``State or local coalition of sexual assault
programs'' means a private nonprofit, nongovernmental
membership organization that, among other activities, provides
training and technical assistance to sexual assault programs
within the State, commonwealth, territory, or lands under
military, Federal, or tribal authority.
(8) Tribally recognized organization.--The term ``tribally
recognized organization'' means a tribally chartered
organization or a nonprofit organization operating within the
boundaries of an Indian reservation or serving primarily Indian
or Alaska Native populations whose governing body reflects the
populations served.
(9) Tribal coalition of domestic violence programs.--The
term ``tribal coalition of domestic violence programs'' means a
private nonprofit coalition whose membership includes
representatives from a majority of the programs for victims of
domestic violence operating within the boundaries of an Indian
reservation and programs whose primary purpose is serving the
population of such Indian country, and show board memberships
representative of such programs.
TITLE II--ACCESS TO SAFETY AND ADVOCACY FOR BATTERED IMMIGRANTS
SEC. 201. BATTERED IMMIGRANTS.
Section 1006 of the Legal Services Corporation Act (42 U.S.C.
2996e) is amended by adding at the end the following:
``(g) A recipient of funds from the Corporation shall not be
prohibited from--
``(1) using funds derived from a source other than the
Corporation to provide legal assistance to any alien who has
been battered or subjected to extreme cruelty to prevent or
obtain relief from such battery or cruelty; and
``(2) using Corporation funds to provide legal assistance
to any alien who has been battered or subjected to extreme
cruelty who qualifies for classification under clause (iii),
(iv), (v), or (vi) of section 204(a)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii),
(iii), or (iv) of section 204(a)(1)(B) of such Act (8 U.S.C.
1154(a)(1)(B)), or subsection (b)(2) of section 240A of such
Act (8 U.S.C. 1229b) or section 244(a)(3) of the Immigration
and Nationality Act (as in effect before the title III-A
effective date in section 309 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)
to prevent or obtain relief from such battery or cruelty.''.
SEC. 202. PRIOR GRANTEES OF CIVIL LEGAL ASSISTANCE PROGRAM
(a) Section 502.--Section 502 of the Departments of Commerce,
Justice and State, the Judiciary, and Related Agencies Appropriations
Act, 1998 (Public Law 105-119; 111 Stat. 2440, 2453 (1997)), is amended
by adding inserting ``, including civil legal assistance for any alien
who has been battered or subjected to extreme cruelty to prevent or
obtain relief from such battery or cruelty'' after ``$12,000,000 which
shall be used exclusively for the purpose of strengthening civil legal
assistance for victims of domestic violence''.
(b) Section 1201.--Section 1201(b) of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277;
112 Stat. 2681-62 (1998)), is amended by adding inserting ``, including
civil legal assistance for any alien who has been battered or subjected
to extreme cruelty to prevent or obtain relief from such battery or
cruelty'' after ``$23,000,000 which shall be used exclusively for the
purpose of strengthening civil legal assistance for victims of domestic
violence''.
(c) Appendix.--Appendix A of the Consolidated Appropriations Act,
2000 (Public Law 106-113; 113 Stat. 1501, 1501A-15 (1999)), is amended
by adding inserting ``, including civil legal assistance for any alien
who has been battered or subjected to extreme cruelty to prevent or
obtain relief from such battery or cruelty'' after ``$28,000,000 which
shall be used exclusively for the purpose of strengthening civil legal
assistance programs for victims of domestic violence''. | (Sec. 104) Sets forth application requirements.
(Sec. 105) Authorizes appropriations. Sets forth an allocation formula providing that at least 65 percent of grant funds shall be allocated to projects that provide direct services to victims of domestic violence and sexual assault. Bars discrimination against specified categories of individuals.
(Sec. 106) Authorizes the Attorney General to evaluate the grants funded through contracts or other arrangements with entities expert on sexual assault or domestic violence and evaluation research.
Title II: Access to Safety and Advocacy for Battered Immigrants
- Amends the Legal Services Corporation Act to provide that a recipient of funds from the Legal Services Corporation (LSC) shall not be prohibited from using: (1) funds derived from a source other than LSC to provide legal assistance to any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief; and (2) LSC funds to provide legal assistance to any alien who has been battered or subjected to extreme cruelty who qualifies for classification under specified provisions of the Immigration and Nationality Act to prevent or obtain relief.
(Sec. 202) Amends the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act, 1998, the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and the Consolidated Appropriations Act, 2000, to provide for funding for civil legal assistance for any alien who has been battered or subjected to extreme cruelty to prevent or obtain relief. | {"src": "billsum_train", "title": "Access to Safety and Advocacy for Victims of Violence Against Women Act"} | 3,101 | 342 | 0.579581 | 1.941722 | 0.683632 | 5.35 | 10.242857 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Rural Schools and Community
Self-Determination Reauthorization Act of 2005''.
SEC. 2. REAUTHORIZATION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000.
(a) Extension Through Fiscal Year 2013.--The Secure Rural Schools
and Community Self-Determination Act of 2000 (Public Law 106-393; 16
U.S.C. 500 note) is amended--
(1) in sections 101(a), 203(a)(1), 207(a), 208, 303, and
401, by striking ``2006'' each place it appears and inserting
``2013'';
(2) in section 208, by striking ``2007'' and inserting
``2014''; and
(3) in section 303, by striking ``2007'' and inserting
``2014,''.
(b) Authority to Resume Receipt of 25- or 50-Percent Payments.--
(1) 25-percent payments.--Section 102(b) of the Secure
Rural Schools and Community Self-Determination Act of 2000 is
amended--
(A) in paragraph (1), by inserting ``of the
Treasury'' after ``Secretary''; and
(B) in paragraph (2)--
(i) in the first sentence, by inserting ``,
including such an election made during the last
quarter of fiscal year 2006 under this
paragraph,'' after ``25-percent payment''; and
(ii) in the second sentence, by striking
``fiscal year 2006'' and inserting ``fiscal
year 2013, except that the Secretary of the
Treasury shall give the county the opportunity
to elect, in writing during the last quarter of
fiscal year 2006, to begin receiving the 25-
percent payment effective with the payment for
fiscal year 2007''.
(2) 50-percent payments.--Section 103(b)(1) of such Act is
amended by striking ``fiscal year 2006'' and inserting ``fiscal
year 2013, except that the Secretary of the Treasury shall give
the county the opportunity to elect, in writing during the last
quarter of fiscal year 2006, to begin receiving the 50-percent
payment effective with the payment for fiscal year 2007''.
(c) Clarification Regarding Source of Payments.--
(1) Payments to eligible states from national forest
lands.--Section 102(b)(3) of the Secure Rural Schools and
Community Self-Determination Act of 2000 is amended--
(A) by striking ``trust fund,'' and inserting
``trust funds, permanent funds,'';
(B) by inserting a comma after ``and''; and
(C) by adding at the end the following new
sentence: ``If the Secretary of the Treasury determines
that a shortfall is likely for a fiscal year, all
revenues, fees, penalties, and miscellaneous receipts
referred to in the preceding sentence, exclusive of
required deposits to relevant trust funds, permanent
funds, and special accounts, that are received during
that fiscal year shall be reserved to make payments
under this section for that fiscal year.''.
(2) Payments to eligible counties from blm lands.--Section
103(b)(2) of such Act is amended--
(A) by striking ``trust fund,'' and inserting
``trust funds'';
(B) by inserting a comma after ``and''; and
(C) by adding at the end the following new
sentence: ``If the Secretary of the Treasury determines
that a shortfall is likely for a fiscal year, all
revenues, fees, penalties, and miscellaneous receipts
referred to in the preceding sentence, exclusive of
required deposits to relevant trust funds and permanent
operating funds, that are received during that fiscal
year shall be reserved to make payments under this
section for that fiscal year.''.
(d) Term for Resource Advisory Committee Members; Reappointment.--
Section 205(c)(1) of the Secure Rural Schools and Community Self-
Determination Act of 2000 is amended--
(1) in the second sentence, by striking ``The Secretary
concerned may reappoint members to'' and inserting ``A member
of a resource advisory committee may be reappointed for one or
more''; and
(2) by adding at the end the following new sentence:
``Section 1803(c) of Food and Agriculture Act of 1977 (7 U.S.C.
2283(c)) shall not apply to a resource advisory committee
established by the Secretary of Agriculture.''.
(e) Revision of Pilot Program.--Section 204(e)(3) of the Secure
Rural Schools and Community Self-Determination Act of 2000 is amended--
(1) in subparagraph (A), by striking ``The Secretary'' and
all that follows through ``approved projects'' and inserting
``At the request of a resource advisory committee, the
Secretary concerned may establish a pilot program to implement
one or more of the projects proposed by the resource advisory
committee under section 203'';
(2) by striking subparagraph (B);
(3) in subparagraph (C), by striking ``by the Secretary
concerned'';
(4) in subparagraph (D)--
(A) by striking ``the pilot program'' in the first
sentence and inserting ``pilot programs established
under subparagraph (A)''; and
(B) by striking ``the pilot program is'' in the
second sentence and inserting ``pilot programs are'';
and
(5) by redesignating subparagraphs (C), (D), and (E), as so
amended, as subparagraphs (B), (C), and (D).
(f) Notification and Reporting Requirements Regarding County
Projects.--
(1) Additional requirements.--Section 302 of the Secure
Rural Schools and Community Self-Determination Act of 2000 is
amended by adding at the end the following new subsection:
``(c) Notification and Reporting Requirements.--
``(1) Notification.--Not later than 90 days after the end
of each fiscal year during which county funds are obligated for
projects under this title, the participating county shall
submit to the Secretary concerned written notification
specifying--
``(A) each project for which the participating
county obligated county funds during that fiscal year;
``(B) the authorized use specified in subsection
(b) that the project satisfies; and
``(C) the amount of county funds obligated or
expended under the project during that fiscal year,
including expenditures on Federal lands, State lands,
and private lands.
``(2) Review.--The Secretary concerned shall review the
notifications submitted under paragraph (1) for a fiscal year
for the purpose of assessing the success of participating
counties in achieving the purposes of this title.
``(3) Annual report.--The Secretary concerned shall prepare
an annual report containing the results of the most-recent
review conducted under paragraph (2) and a summary of the
notifications covered by the review.
``(4) Submission of report.--The report required by
paragraph (3) for a fiscal year shall be submitted to the
Committee on Agriculture, Nutrition, and Forestry and the
Committee on Energy and Natural Resources of the Senate and the
Committee on Agriculture and the Committee on Resources of the
House of Representatives not later than 150 days after the end
of that fiscal year.''.
(2) Definition of secretary concerned.--Section 301 of such
Act is amended by adding at the end the following new
paragraph:
``(3) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture or the designee
of the Secretary of Agriculture, with respect to county
funds reserved under section 102(d)(1)(B)(ii) for
expenditure in accordance with this title;
``(B) the Secretary of the Interior or the designee
of the Secretary of the Interior, with respect to
county funds reserved under section 103(c)(1)(B)(ii)
for expenditure in accordance with this title.''.
(3) References to participating county.--Section 302(b) of
such Act is amended--
(A) by striking ``An eligible county'' each place
it appears in paragraphs (1), (2), and (3) and
inserting ``A participating county''; and
(B) by striking ``A county'' each place it appears
in paragraphs (4), (5), and (6) and inserting ``A
participating county''.
(g) Technical Correction.--Section 205(a)(3) of the Secure Rural
Schools and Community Self-Determination Act of 2000 is amended by
striking the comma after ``the Secretary concerned may''. | Secure Rural Schools and Community Self-determination Reauthorization Act of 2005 - Amends the Secure Rural Schools and Community Self-determination Act of 2000 to extend the Act through FY2013, including the authority for special and county projects on National Forest System and certain Bureau of Land Management (BLM) lands.
Amends the Act to: (1) make elections by eligible counties to receive the full payment amount with respect to payments from National Forest lands for the benefit of public education and transportation or the BLM lands for the benefit of public safety, law enforcement, education, and other public purposes effective through FY2013; (2) give eligible counties the opportunity to make payment elections in writing during the last quarter of FY2006; and (3) reserve for payments specified revenues, fees, penalties, and miscellaneous receipts (exclusive of required deposits) in the event of a shortfall.
Amends the Act regarding: (1) resource advisory committee membership; and (2) revision of the merchantable material contracting pilot program.
Requires counties participating in county projects to submit to the Secretary concerned a specified written notification for each project for which the participating county obligated county funds. Requires the Secretary concerned to: (1) review such notifications; and (2) report annually to specified congressional committees. | {"src": "billsum_train", "title": "To reauthorize the Secure Rural Schools and Community Self-Determination Act of 2000, and for other purposes."} | 1,987 | 268 | 0.559649 | 1.53928 | 0.709955 | 2.534413 | 7.117409 | 0.8583 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Justice Assurance Act of
2007''.
SEC. 2. REPEAL OF TERM LIMITS FOR JUDGES OF THE UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) In General.--Section 7253(c) of title 38, United States Code,
is amended to read as follows:
``(c) Term of Office.--(1) Except as provided in paragraph (2),
judges of the Court shall hold office during good behavior.
``(2) In the case of an individual who is serving a term of office
as a judge of the Court on the date of the enactment of the Veterans'
Justice Assurance Act of 2007, such term shall be 15 years. A judge who
is nominated by the President for appointment to an additional term on
the Court without a break in service and whose term of office expires
while that nomination is pending before the Senate may continue in
office for up to 1 year while that nomination is pending.''.
(b) Conforming Amendment.--Section 7296(b)(2) of such title is
amended by striking ``A judge who'' and inserting ``A judge who was
appointed before the date of the enactment of the Veterans' Justice
Assurance Act of 2007 and who''.
SEC. 3. INCREASED SALARY FOR CHIEF JUDGE OF UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
Section 7253(e) of title 38, United States Code, is amended--
(1) by inserting ``(1)'' before ``Each judge''; and
(2) by adding at the end the following new paragraph:
``(2) The annual salary rate under paragraph (1) for a judge shall
be increased by $7,000 during any period that such judge is serving as
chief judge of the Court.''.
SEC. 4. PROVISIONS RELATING TO RECALL OF RETIRED JUDGES OF THE UNITED
STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Elimination of Limit on Service of Retired Judges Who
Voluntarily Serve More Than 90 Days.--Section 7257(b)(2) of title 38,
United States Code, is amended by striking ``or for more than a total
of 180 days (or the equivalent) during any calendar year''.
(b) New Judges Recalled After Retirement Receive Pay of Current
Judges Only During Periods of Recall.--
(1) In general.--Section 7296(c) of such title is amended
by striking paragraph (1) and inserting the following:
``(1)(A) Except as provided in subparagraph (B), in the case of a
judge who retires under subsection (b) of this section and elects under
subsection (d) of this section to receive retired pay under this
subsection, the retired pay of the judge shall (except as provided in
paragraph (2) of this subsection and section 7257(d)(2) of this title)
be the rate of pay applicable to that judge at the time of retirement
(disregarding any increase in salary provided in accordance with
section 7253(e)(2) of this title).
``(B) A judge who was appointed before the date of the enactment of
the Veterans' Justice Assurance Act of 2007 and who retires under
subsection (b) of this section and elects under subsection (d) of this
section to receive retired pay under this subsection shall (except as
provided in paragraph (2) of this subsection) receive retired pay as
follows:
``(i) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title or who was a
recall-eligible retired judge under that section and was
removed from recall status under subsection (b)(4) of that
section by reason of disability, the retired pay of the judge
shall be the pay of a judge of the court.
``(ii) In the case of a judge who at the time of retirement
did not provide notice under section 7257 of this title of
availability for service in a recalled status, the retired pay
of the judge shall be the rate of pay applicable to that judge
at the time of retirement.
``(iii) In the case of a judge who was a recall-eligible
retired judge under section 7257 of this title and was removed
from recall status under subsection (b)(3) of that section, the
retired pay of the judge shall be the pay of the judge at the
time of the removal from recall status.''.
(2) Pay during period of recall.--Section 7257(d) of such
title is amended to read as follows:
``(d)(1) The pay of a recall-eligible retired judge to whom section
7296(c)(1)(B) of this title applies is the pay specified in that
section.
``(2) A judge who is recalled under this section who retired under
chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this
title applies shall be paid, during the period for which the judge
serves in recall status, pay at the rate of pay in effect under section
7253(e) of this title for a judge performing active service, less the
amount of the judge's annuity under the applicable provisions of
chapter 83 or 84 of title 5 or the judge's annuity under section
7296(c)(1)(A) of this title, whichever is applicable.''.
(3) Notice.--The last sentence of section 7257(a)(1) of
such title is amended to read as follows: ``Such a notice
provided by a retired judge to whom section 7296(c)(1)(B) of
this title applies is irrevocable.''.
(c) Limitation on Involuntary Recalls.--Section 7257(b)(3) of such
title is amended by adding at the end the following new sentence:
``This paragraph shall not apply to--
``(A) a judge to whom section 7296(c)(1)(A) of this title
applies; or
``(B) a judge to whom section 7296(c)(1)(B) of this title
applies and who has, in the aggregate, served at least five
years (or the equivalent) of recalled service on the Court
under this section.''.
(d) Establishment of Caseload Thresholds for Determining When To
Recall Retired Judges.--Section 7257(b) of such title is amended by
adding at the end the following new paragraph:
``(5) For purposes of paragraph (1), the chief judge shall
establish guidelines for determining whether recall-eligible retired
judges should be recalled on either a voluntary or involuntary basis,
taking into account such factors as the number of active judges,
temporary or prolonged increases or decreases in caseload, and the
complexity of the caseload. In establishing such guidelines, the chief
judge shall, to the extent practicable, consult with the following:
``(A) Organizations recognized by the Secretary for the
representation of veterans under section 5902 of this title.
``(B) The bar association of the Court.
``(C) The Secretary.
``(D) Such persons or entities the chief judge considers
appropriate.''.
SEC. 5. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND
REGISTRATION FEES.
Section 7285(a) of title 38, United States Code, is amended--
(1) in the first sentence, by inserting ``reasonable''
after ``impose a'';
(2) in the second sentence, by striking ``, except that
such amount may not exceed $30 per year''; and
(3) in the third sentence, by inserting ``reasonable''
after ``impose a''.
SEC. 6. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT OF APPEALS
FOR VETERANS CLAIMS.
(a) In General.--Subchapter III of chapter 72 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7288. Annual report
``(a) In General.--The chief judge of the Court shall submit
annually to the appropriate committees of Congress a report summarizing
the workload of the Court for the last fiscal year that ended before
the submission of such report. Such report shall include, with respect
to such fiscal year, the following information:
``(1) The number of appeals filed.
``(2) The number of petitions filed.
``(3) The number of applications filed under section 2412
of title 28.
``(4) The number and type of dispositions.
``(5) The median time from filing to disposition.
``(6) The number of oral arguments.
``(7) The number and status of pending appeals and
petitions and of applications described in paragraph (3).
``(8) A summary of any service performed by recalled
retired judges during the fiscal year and an analysis of
whether any of the caseload guidelines established under
section 7257(b)(5) of this title were met during the fiscal
year.
``(b) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 72 of such title is amended by inserting after the item related
to section 7287, the following new item:
``7288. Annual report.''.
SEC. 7. REPORT ON EXPANSION OF FACILITIES FOR UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) Findings.--Congress finds the following:
(1) The United States Court of Appeals for Veterans Claims
is currently located in the District of Columbia in a
commercial office building that is also occupied by other
Federal tenants.
(2) In February 2006, the General Services Administration
provided Congress with a preliminary feasibility analysis of a
dedicated Veterans Courthouse and Justice Center that would
house the Court and other entities that work with the Court.
(3) In February 2007, the Court notified Congress that the
``most cost-effective alternative appears to be leasing
substantial additional space in the current location'', which
would ``require relocating other current government tenants''
from that building.
(4) The February 2006 feasibility report of the General
Services Administration does not include an analysis of whether
it would be feasible or desirable to locate a Veterans
Courthouse and Justice Center at the current location of the
Court.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Court of Appeals for Veterans Claims
should be provided with appropriate office space to meet its
needs, as well as to provide the image, security, and stature
befitting a court that provides justice to the veterans of the
United States; and
(2) in providing that space, Congress should avoid undue
disruption, inconvenience, or cost to other Federal entities.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of General
Services shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the feasibility of--
(A) leasing additional space for the United States
Court of Appeals for Veterans Claims within the
building where the Court was located on the date of the
enactment of this Act; and
(B) using the entirety of such building as a
Veterans Courthouse and Justice Center.
(2) Contents.--The report required by paragraph (1) shall
include a detailed analysis of the following:
(A) The impact that the matter analyzed in
accordance with paragraph (1) would have on Federal
tenants of the building used by the Court.
(B) Whether it would be feasible to relocate such
Federal tenants into office space that offers similar
or preferable cost, convenience, and usable square
footage.
(C) If relocation of such Federal tenants is found
to be feasible and desirable, an analysis of what steps
should be taken to convert the building into a Veterans
Courthouse and Justice Center and a time line for such
conversion.
(3) Comment period.--The Administrator shall provide an
opportunity to such Federal tenants--
(A) before the completion of the report required by
paragraph (1), to comment on the subject of the report
required by such paragraph; and
(B) before the Administrator submits the report
required by paragraph (1) to the congressional
committees specified in such paragraph, to comment on a
draft of such report. | Veterans' Justice Assurance Act of 2007 - Repeals, for judges appointed after the enactment of this Act, the 15-year term limit for members of the U.S. Court of Appeals for Veterans Claims (Court). Increases the annual salary for the Court's chief judge.
Eliminates the 180-day per-year limit on service of retired Court judges who voluntarily return to such service. Requires recalled judges to receive the pay of current judges only during the period of recall, less the amount of any applicable annuity. Prohibits recall service in excess of five years for judges who are recalled involuntarily. Requires the chief judge to establish guidelines for determining whether recall-eligible judges should be recalled on either a voluntary or involuntary basis.
Removes the $30 annual limit on practice and registration fees for those admitted to practice before the Court.
Requires an annual report from the chief judge to the congressional veterans' committees summarizing the Court's workload.
Expresses the sense of Congress that the Court should be provided with appropriate office space, without undue disruption, inconvenience, or cost. Requires a report from the Administrator of General Services to the veterans' committees on the feasibility of leasing additional space for the Court, and using the entire building in which the Court is now housed as a Veterans Courthouse and Justice Center. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to modify the salary and terms of judges of the United States Court of Appeals for Veterans Claims, to modify authorities for the recall of retired judges of such court, and for other purposes."} | 2,851 | 309 | 0.576798 | 1.665333 | 0.799739 | 3.090909 | 10.118577 | 0.916996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care for Working Families
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) every industrialized country in the world except the
United States guarantees the fundamental right to health care
to all its citizens;
(2) more than 40,000,000 Americans are without health
insurance coverage;
(3) the number of uninsured Americans is growing;
(4) the vast majority of uninsured Americans are workers or
dependents of workers;
(5) lack of health insurance is a major cause of poor
access to health care, delayed or substandard treatment, and
unnecessary death;
(6) for more than half a century, Congress has enacted laws
to ensure that work is appropriately rewarded, including laws
establishing a minimum wage and a 40 hour work week, laws
ensuring safe and healthy working conditions, and laws
requiring employers to contribute to the cost of retirement
security through Social Security and Medicare;
(7) the vast majority of large employers provide health
insurance coverage to their employees and the dependents of
those employees; and
(8) the minority of large employers that do not provide
such coverage should be expected to assume this social
responsibility.
SEC. 3. HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES.
(a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) is amended by adding at the end thereof the following new
title:
``TITLE II--HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES
``SEC. 201. HEALTH BENEFITS.
``(a) Offer to Enroll.--
``(1) In general.--Each large employer, in accordance with
this title, shall offer to each of its employees the
opportunity to enroll in a qualifying health benefit plan that
provides coverage for the employee and the family of the
employee.
``(2) Qualifying health benefit plan.--For purposes of this
title, the term `qualifying health benefit plan' means a plan
that provides benefits for health care items and services that
are actuarily equivalent or greater in value than the benefits
offered as of January 1, 2002 under the Blue Cross/Blue Shield
Standard Plan provided under the Federal Employees Health
Benefit Program under chapter 89 of title 5, United States
Code.
``(b) Contribution and Withholding.--
``(1) In general.--Each large employer, in accordance with
this title, shall--
``(A) contribute to the cost of any qualifying
health benefit plan offered to and selected by its
employees under subsection (a); and
``(B) withhold from the wages of an employee, the
employee share of the premium assessed for coverage
under the qualifying health benefit plan (if any)
selected by the employee.
``(2) Required contribution.--Except as provided in
paragraphs (3) and (4), the portion of the total premium to be
paid by a large employer under paragraph (1)(A) shall not be
less than 75 percent of such total premium.
``(3) Part-time employees.--With respect to an employee who
works less than 30 hours per week, the employer contribution
required under paragraph (2) shall be equal to the product of--
``(A) the contribution required under paragraph
(2); and
``(B) the ratio of number of hours worker by the
employee in a typical week to 30 hours.
``(4) Limitation.--No employer contribution shall be
required under this subsection with respect to an employer who
works less than 10 hours per week.
``(c) Large Employers.--
``(1) In general.--The provisions of this title shall only
apply to large employers.
``(2) Definition.--
``(A) In general.--As used in paragraph (1), the
term `large employer' means, with respect to a calendar
year and plan year, an employer that employed an
average of at least 100 full-time employees on business
days during the preceding calendar year and who employs
not less than 100 employees on the first day of the
plan year.
``(B) Exception.--The provisions of this title
shall apply with respect to an employer that is not a
large employer under subparagraph (A) if the majority
of the services performed by such employer consist of
services performed on behalf of a single large
employer.
``(3) Contract, temporary, and leased workers.--For
purposes of this title, a contract, temporary, or leased worker
of an employer shall be considered to be an employee of the
employer, except that a temporary worker provided by a
temporary employment firm shall not be required to be covered
by a large employer if coverage meeting the standards of this title is
provided to the worker by the temporary employment firm.
``SEC. 202. REQUIREMENTS RELATING TO TIMING OF COVERAGE AND
WITHHOLDING.
``(a) Date of Initial Coverage.--In the case of an employee
enrolled under a qualifying health benefit plan provided by a large
employer, the coverage under the plan must begin not later than 30 days
after the day on which the employee first performs an hour of service
as an employee of that employer.
``(b) Withholding Permitted.--No provision of State law shall
prevent an employer of an employee enrolled under a qualifying health
benefit plan established under this title from withholding the amount
of any premium due by the employee from the payroll of the employee.
``SEC. 203. ENFORCEMENT.
``(a) Civil Money Penalty Against Private Employers.--The
provisions of section 502 of the Employee Retirement Income Security
Act of 1974--
``(1) relating to the commencement of civil actions by the
Secretary under subsection (a) of such section;
``(2) relating to civil money penalties under subsection
(c)(2) of such section; and
``(3) relating to the procedures for assessing, collecting
and the judicial review of such civil money penalties;
shall apply with respect to any large employer that does not comply
with this title.
``(b) Injunctive Relief.--The provisions of section 17 shall apply
with respect to violations of this title.
``SEC. 204. PREEMPTION.
``Nothing in this title shall be construed to prevent a State from
establishing, implementing, or continuing in effect standards and
requirements relating to employer provided health insurance coverage
unless such standards and requirements prevent the application of a
requirements of this title.
``SEC. 205. DEFINITION AND EFFECTIVE DATE.
``(a) Definition.--In this title the terms `family' and `family
member' mean, with respect to an employee, the spouse and children
(including adopted children) of the employee and any other individual
covered by the employer under family plan coverage.
``(b) Effective Date.--This title shall apply with respect to
employers on the first day of the first plan year beginning on or after
January 1, 2003.''.
(b) Conforming Amendments.--
(1) The Fair Labor Standards Act of 1938 is amended by
striking out the first section and inserting in lieu thereof
the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Fair Labor Standards Act of 1938'.
``TITLE I--WAGES AND HOURS''.
(2) The Fair Labor Standards Act of 1938 is amended by
striking out ``this Act'' each place it occurs and inserting in
lieu thereof ``this title''.
(3) Section 17 of the Fair Labor Standards Act of 1938 (29
U.S.C. 217) is amended by inserting ``or violations of title
II'' before the period.
SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
Title II of the Public Health Service Act (42 U.S.C. 202 et seq.)
is amended by adding at the end the following:
``SEC. 249. REQUIREMENT FOR HEALTH INSURANCE COVERAGE.
``A health insurance issuer (as defined in section 2791(a)) that
offers health insurance coverage (as defined in section 2791(a)) to an
employer on behalf of the employees of such employer shall ensure that
such coverage complies with the requirements of title II of the Fair
Labor Standards Act of 1938.''. | Health Care for Working Families Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish a new title II, Health Benefits for Employees and Their Families.Requires employers with 100 or more employees (large employers) to: (1) offer employees the opportunity to enroll in a qualifying health benefit plan that provides family coverage; (2) contribute at least 75 percent of the plan premium; and (3) withhold the employee's share from wages. Applies such requirements to smaller employers that perform a majority of their services for a single large employer. Considers contract, leased, and temporary workers as employees. Provides a formula for determining an alternative minimum employer contribution for plan coverage of part-time workers (who work less than 30 but no less than ten hours per week).Requires such qualifying health plans to provide benefits that are actuarially equivalent or greater in value than those under the Blue Cross-Blue Shield Standard Plan under the Federal Employees Health Benefit Program as of January 1, 2002.Amends the Public Health Service Act to require health insurance issuers to ensure that any employee health insurance coverage they offer to employers complies with requirements of title II of FLSA. | {"src": "billsum_train", "title": "A bill to provide health benefits for workers and their families."} | 1,866 | 260 | 0.583121 | 1.497663 | 0.818579 | 2.914798 | 7.704036 | 0.896861 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prompt Payment of Health Benefit
Claims Act of 2001''.
SEC. 2. PROMPT PAYMENT OF HEALTH BENEFIT CLAIMS BY GROUP HEALTH PLANS
AND HEALTH INSURANCE ISSUERS.
(a) Group Health Plans.--
(1) Public health service act amendments.--Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS.
``A group health plan, and a health insurance issuer offering group
health insurance coverage, shall--
``(1) pay the claim to a participant or beneficiary, or
make a payment to a health care provider, within 15 business
days of the date of the claim or bill for services rendered (in
the case of a claim or bill transmitted electronically) or
within 30 business days of such date for other claims or bills
submitted in writing; and
``(2) shall accept as a clean claim a claim that is
submitted consistent with the standards adopted under part C of
title XI of the Social Security Act (as added by section 262 of
the Health Insurance Portability and Accountability Act of
1996).''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS.
``A group health plan, and a health insurance issuer offering group
health insurance coverage, shall--
``(1) pay the claim to a participant or beneficiary, or
make a payment to a health care provider, within 15 business
days of the date of the claim or bill for services rendered (in
the case of a claim or bill transmitted electronically) or
within 30 business days of such date for other claims or bills
submitted in writing; and
``(2) shall accept as a clean claim a claim that is
submitted consistent with the standards adopted under part C of
title XI of the Social Security Act (as added by section 262 of
the Health Insurance Portability and Accountability Act of
1996).''.
(B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Standard relating to prompt payment of claims.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(i) in the table of sections, by inserting
after the item relating to section 9812 the
following new item:
``Sec. 9813. Standard relating to prompt
payment of claims.''; and
(ii) by inserting after section 9812 the
following:
``SEC. 9813. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS.
``A group health plan shall--
``(1) pay the claim to a participant or beneficiary, or
make a payment to a health care provider, within 15 business
days of the date of the claim or bill for services rendered (in
the case of a claim or bill transmitted electronically) or
within 30 business days of such date for other claims or bills
submitted in writing; and
``(2) shall accept as a clean claim a claim that is
submitted consistent with the standards adopted under part C of
title XI of the Social Security Act (as added by section 262 of
the Health Insurance Portability and Accountability Act of
1996).''.
(B) Conforming amendment.--Section 4980D(d)(1) of
such Code is amended by striking ``section 9811'' and
inserting ``sections 9811 and 9813''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARD RELATING PATIENT FREEDOM OF CHOICE.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Effective Dates.--
(1) Group health plans and group health insurance
coverage.--Subject to paragraph (3), the amendments made by
subsection (a) apply with respect to group health plans for
plan years beginning on or after January 1, 2002.
(2) Individual health insurance coverage.--The amendment
made by subsection (b) apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining exception.--In the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before the date of enactment of this
Act, the amendments made subsection (a) shall not apply to plan
years beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act), or
(B) January 1, 2002.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
(d) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this Act (and the amendments made thereby) are administered
so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
SEC. 3. PROMPT PAYMENT BY MEDICARE+CHOICE ORGANIZATIONS IN ALL LINES OF
BUSINESS.
(a) In General.--Section 1857(f)(1) of the Social Security Act (42
U.S.C. 1395w-27(f)(1)) is amended by inserting ``and to individuals
enrolled with the organization through other lines of business
(including private health benefits coverage)'' after ``to enrollees
pursuant to the contract''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to contract years beginning on or after January 1, 2002. | Prompt Payment of Health Benefit Claims Act of 2001 - Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act, and the Internal Revenue Code to require group health plans, and health insurance issuers offering group health insurance coverage, to: (1) pay the claim to a participant or beneficiary, or make payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (for those transmitted electronically) or within 30 business days of such date for bills or claims submitted in writing; and (2) accept as a clean claim a claim submitted consistent with standards adopted under title XI of the Social Security Act (SSA), as added by the Health Insurance Portability and Accountability Act of 1996.Amends the PHSA to apply such payment standards to health insurance coverage offered by issuers in the individual market in the same manner as applied to group coverage.Provides for coordination between the Secretaries of Labor, the Treasury, and Health and Human Services with respect to the administration of this Act.Amends title XVIII (Medicare) of the SSA to require Medicare+Choice organizations to provide prompt payment of claims submitted for services and supplies furnished to individuals enrolled with such organizations through other lines of business (including private health benefits coverage). | {"src": "billsum_train", "title": "To amend title XXVII of the Public Health Service Act, title I of the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title XVIII of the Social Security Act to require that group and individual health insurance coverage, group health plans, and Medicare+Choice organizations provide prompt payment of claims."} | 1,667 | 280 | 0.719653 | 2.166772 | 0.806772 | 4.849593 | 5.918699 | 0.930894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colville National Forest Adaptive
Management of Timber Resources Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Forest vegetation on Federal lands in the intermountain
West, including eastern Washington and particularly the
Colville National Forest in the State of Washington, is in an
extremely overstocked condition due to fire exclusion and
nonmanagement, resulting in unhealthy, low-vigor stands that
are susceptible to disease, insects, and fire.
(2) The value of this forest vegetation far exceeds the
cost of managing these stands for a healthy, productive
ecosystem, but the current regulatory structure of overlapping
directives and planning documents hinders management of this
forest vegetation in a manner necessary to achieve,
simultaneously, healthy and productive ecosystems and community
benefits.
(3) The current regulatory structure and overall policy
direction further hinder the flexibility of the Forest Service
to plan and prepare projects that effectively consider local
conditions and opportunities or capture market opportunities.
(4) Federal budgetary limitations have reduced the trained
and experienced Forest Service workforce below the level
necessary to plan for and maintain healthy and productive
ecosystems. At the same time the Forest Service is forced to
spend a disproportionate amount of its resources on planning,
with insufficient resources remaining to implement
scientifically acceptable forest management activities.
(5) Implementation of adaptive management techniques in
selected areas of the Colville National Forest will provide a
healthy ecosystem, provide for long-term national fiber needs,
generate funds in excess of costs, and stimulate the economies
of local, resource-dependent communities.
(6) The scientific knowledge gained from projects conducted
using the adaptive management techniques required under this
Act will benefit similar forest stands throughout the
intermountain West.
(7) The economic knowledge gained from such projects will
benefit management projects in all timber stands.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To combat the adverse human and environmental
consequences of catastrophic wildfire, including immediate-term
loss of life, vegetation, soil, water, and nearby land use, and
long-term loss of land productivity and continuous resource
flow.
(2) To use a creditable, science-based, adaptive management
approach to manage fire-generated, overstocked, small-diameter,
stagnated forest stands to improve forest health, meet current
and future environmental needs, and provide wood fiber for
processing in dependent communities.
(3) To demonstrate the cost-effective use of private
contractors to perform substantive planning and plan
implementation tasks for the Forest Service.
SEC. 4. PREPARATION, IMPLEMENTATION, AND EVALUATION OF ADAPTIVE FOREST
MANAGEMENT IN COLVILLE NATIONAL FOREST.
(a) Adaptive Management Research Plan Required.--Not later than 1
year after the date of the enactment of this Act, the Secretary of
Agriculture shall prepare and submit to Congress a research plan,
including supporting environmental documents, that provides for the
implementation and evaluation of controlled silvicultural treatment in
fire-generated, overstocked, small-diameter, stagnated forest stands in
designated areas of the Colville National Forest in the State of
Washington for the purpose of testing the effect of adaptive management
techniques in the treatment of such forest stands.
(b) Areas Covered by Plan.--The research plan prepared under
subsection (a) shall apply to the following areas of the Colville
National Forest:
(1) The approximately 110,000 acres of the Colville
National Forest identified as economically suited for adaptive
management techniques in the Forest Service study of 1989-1994
regarding creating opportunities.
(2) Other lands in the Colville National Forest selected by
the Secretary as having characteristics similar to the lands
identified in paragraph (1).
(c) Implementation of Plan.--The Secretary shall implement the
research plan prepared under subsection (a) not later than the second
full field season beginning after the date of the enactment of this
Act. The Secretary may begin an initial demonstration project based on
a preliminary draft of the research plan as soon as practicable in an
area of approximately 10,000 acres.
(d) Use of Private Sector.--Subject to the availability of funds
for this purpose under subsection (e), the Secretary may use private
contractors, including individuals and groups involved in the
preparation of the study referred to in subsection (b)(1), in the
preparation and implementation of the research plan required under
subsection (a) and in monitoring the effects of the research plan under
subsection (i). To the greatest extent practicable, such private
contractors shall be selected from communities adversely affected by
reductions in the timber sale program of the National Forest System.
(e) Funding.--
(1) Establishment of special account.--To fund the
preparation and implementation of the research plan required
under subsection (a), the Secretary shall establish an account
to be known as the ``Ecosystem Adaptive Management
Demonstration Account''.
(2) Funds for account.--There shall be allocated or
transferred to the account the following:
(A) A portion of the amount annually allocated to
the Colville National Forest pursuant to any other
provision of law, to be based on the proportion of the
Colville National Forest subject to the research plan.
(B) The amounts deposited pursuant to subsection
(g)(3).
(C) Any amounts borrowed under paragraph (3).
(3) Borrowing authority.--To the extent necessary to fund
startup costs under the research plan, the Secretary may borrow
amounts from salvage sale accounts of the Forest Service or
amounts available under the Act of June 9, 1930 (16 U.S.C. 576
et seq; commonly known as the Knutson-Vandenberg Act). The
Secretary shall repay amounts borrowed, without interest, using
funds deposited in the account under subsection (g)(3).
(f) Use of Account.--The Secretary shall use amounts in the special
account established under subsection (e) for--
(1) the design and implementation of research projects
conducted under the research plan prepared under subsection
(a), except that the Secretary shall use funds from other
sources to cover any costs related to appeals or litigation
concerning those projects; and
(2) to the extent amounts remain available in the special
account after expenditures under paragraph (1), vegetative
management activities, fuels treatment, monitoring, and
watershed improvement projects within the areas covered by the
research plan.
(g) Treatment of Receipts.--Receipts generated from the sale of
forest products resulting from silvicultural treatments under the
research plan prepared under subsection (a) shall be deposited or
utilized as follows:
(1) 25 percent shall be deposited in the general fund of
the Treasury of the United States as a miscellaneous receipt,
pursuant to the procedures specified in the fifth paragraph
under the heading ``FOREST SERVICE'' in the Act of March 4,
1907 (34 Stat. 1270; 16 U.S.C. 499), and related laws.
(2) 25 percent shall be provided to the State of Washington
pursuant to the procedures specified in the sixth paragraph
under the heading ``FOREST SERVICE'' in the Act of May 23, 1908
(35 Stat. 260; 16 U.S.C. 500).
(3) 50 percent shall be deposited in the special account
established under subsection (e).
(h) Schedule of Silvicultural Treatments.--Silvicultural treatments
under the research plan prepared under subsection (a) shall be
conducted during the 10-year period beginning on the date the research
plan is first implemented. The total number of acres treated in each of
the first 5 years shall not vary by more than 20 percent from \1/10\ of
the total acres covered by the research plan.
(i) Monitoring and Reports.--The Secretary shall commence
monitoring of the effects of research activities under the research
plan prepared under subsection (a) immediately after implementation of
the research plan. Monitoring activities shall continue for a period of
not less than 15 years. At 5-year intervals during the monitoring
period, the Secretary shall submit to Congress a report containing the
results of the monitoring, findings derived from the research projects
under the research plan, and the implications of such findings for
management of similar overstocked stands. Each report shall include a
detailed accounting of direct costs and returns associated with the
implementation of the research plan. | Colville National Forest Adaptive Management of Timber Resources Act - Directs the Secretary of Agriculture to conduct an adaptive forest management research program in Colville National Forest, Washington, which shall include silvicultural treatments. Distributes receipts from related forest product sales among the Treasury, the State of Washington, and the Ecosystem Adaptive Management Demonstration Account established under this Act.
Authorizes program use of private sector contractors. | {"src": "billsum_train", "title": "Colville National Forest Adaptive Management of Timber Resources Act"} | 1,752 | 93 | 0.529512 | 1.442572 | 0.491978 | 2.148649 | 22.945946 | 0.851351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Education for Autistic
Children Act of 2007'' or the ``TEACH Act of 2007''.
SEC. 2. FINDINGS; PURPOSE; DEFINITION.
(a) Findings.--Congress finds the following:
(1) The occurrence of autism spectrum disorders (ASD) has
increased during the past decade from an estimated one in 500
to an estimated one in 150 according to data released by the
Centers for Disease Control and Prevention (CDC) in February
2007. CDC classified as having ASD children whose behaviors
were consistent with the DSM-IV-TR criteria for Autistic
Disorder, Asperger's Disorder, and Pervasive Developmental
Disorder--Not Other Otherwise Specified (PDD-NOS).
(2) Autism is a complex developmental disability that
affects an individual in the areas of social interaction and
communication. Because it is a spectrum disorder, it affects
each individual differently and to varying degrees of severity.
People with autism process and respond to information in unique
ways. In some cases, aggressive or self-injurious behavior may
be present.
(3) The increased number of children diagnosed with an
autism spectrum disorder is a growing and urgent concern for
families and educators, as our education systems struggle to
respond to the needs of this population in a comprehensive
manner.
(4) Factors that have a major impact on the intensity and
types of education-related services for individuals with an
autism spectrum disorder include the uniqueness of the ways
individuals with autism process and respond to information, the
variability of how autism affects each individual, the
percentage of time individuals with autism are successfully
taught in a regular classroom, and the communication and
socialization deficits of those individuals.
(5) Children with an autism spectrum disorder who receive
intensive and appropriate educational services often make very
significant functional improvements.
(b) Purpose.--It is the purpose of this Act to increase the number
of teachers and paraprofessional teaching assistants with expertise in
autism spectrum disorders by providing a refundable tax credit for
qualified education expenses of such teachers and paraprofessional
teaching assistants.
(c) Definition.--For purposes of this Act, the term ``autism
spectrum disorders'' has the meaning given to the term ``Pervasive
Developmental Disorder'' by the Diagnostic and Statistical Manual of
Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR).
SEC. 3. REFUNDABLE TAX CREDIT FOR EDUCATION AND TRAINING RELATING TO
AUTISM SPECTRUM DISORDERS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 following new section:
``SEC. 36. EDUCATION AND TRAINING RELATING TO AUTISM SPECTRUM
DISORDERS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified expenses
which are paid or incurred by the taxpayer during such taxable year.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $10,000.
``(c) Qualified Expenses.--The term `qualified expenses' means--
``(1) tuition, fees, books, supplies, and equipment
required for the enrollment or attendance of such individual in
a course or program of study to prepare such individual to
teach children or adults with an autism spectrum disorder, and
``(2) interest on a qualified education loan (as defined by
section 221(d)(1)), the proceeds of which are used to for
expenses described in paragraph (1).
``(d) Autism Spectrum Disorders.--For purposes of this section, the
term `autism spectrum disorders' has the meaning given to such term in
section 2(c) of the TEACH Act of 2007.
``(e) Special Rules.--
``(1) Approval of courses and programs of study.--A course
or program of study shall not be taken into account for
purposes of subsection (c) unless such course or program is
approved by the State in which such course or program is
offered.
``(2) Denial of double benefit.--No credit or deduction
shall be allowed under this chapter for any expense for which
credit is allowed under this section.
``(3) Coordination with other education provisions.--The
total amount of qualified expenses shall be reduced by the
amount of such expenses taken into account in determining any
amount allowed as a credit under section 25A, excluded under
section 135, 529(c)(1), or 530(d)(2), or deducted under section
222. For purposes of the preceding sentence, the amount taken
into account in determining the amount excluded under section
529(c)(1) shall not include that portion of the distribution
which represents a return of any contributions to the plan.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2012.''
(b) Technical Amendment.--Paragraph (2) of section 1324(b) of title
31, United States Code, is amended by inserting ``or from section 36 of
such Code'' before the period at the end.
(c) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by striking the last item and inserting the following
new items:
``Sec. 36. Education and training relating to autism spectrum
disorders.
``Sec. 37. Overpayments of tax.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Teacher Education for Autistic Children Act of 2007 or the TEACH Act of 2007 - Amends the Internal Revenue Code to allow a refundable income tax credit for up to $10,000 of the annual education expenses (e.g., tuition, books, student loan interest) incurred by individuals studying to become teachers of children or adults with an autism spectrum disorder. Terminates such credit after 2012. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a refundable tax credit for education and training expenses relating to autism spectrum disorders to increase the number of teachers with such expertise."} | 1,320 | 83 | 0.480115 | 1.241806 | 0.625753 | 2.492958 | 16.549296 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Retirement
Reform Technical Corrections Act of 1998''.
SEC. 2. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO DISTRICT OF
COLUMBIA RETIREMENT FUNDS.
(a) Permitting Other Federal Entities to Administer Program.--
Section 11003 of the Balanced Budget Act of 1997 (DC Code, sec. 1-
761.2) is amended--
(1) in paragraph (1), by inserting ``, and includes any
agreement with a department, agency, or instrumentality of the
United States entered into under that section'' after ``the
Trustee''; and
(2) in paragraph (10), by striking ``, partnership, joint
venture, corporation, mutual company, joint-stock company,
trust, estate, unincorporated organization, association, or
employee organization'' and inserting ``; partnership; joint
venture; corporation; mutual company; joint-stock company;
trust; estate; unincorporated organization; association;
employee organization; or department, agency, or
instrumentality of the United States''.
(b) Permitting Waiver of Recovery of Amounts Paid in Error.--
Section 11021(3) of such Act (DC Code, sec. 1-763.1(3)) is amended by
inserting ``, or waive recoupment or recovery of,'' after ``recover''.
(c) Permitting Use of Trust Fund To Cover Administrative
Expenses.--Section 11032 of such Act (DC Code, sec. 1-764.2) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Amounts in the Trust Fund shall be used--
``(1) to make Federal benefit payments under this subtitle;
``(2) subject to subsection (b)(1), to cover the reasonable
and necessary expenses of administering the Trust Fund under
the contract entered into pursuant to section 11035(b);
``(3) to cover the reasonable and necessary administrative
expenses incurred by the Secretary in carrying out the
Secretary's responsibilities under this subtitle; and
``(4) for such other purposes as are specified in this
subtitle.''; and
(2) in subsection (b)(2), by inserting ``(including
expenses described in section 11041(b))'' after ``to administer
the Trust Fund''.
(d) Promoting Flexibility in Administration of Program.--Section
11035 of such Act (DC Code, sec. 1-764.5) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Subcontracts.--Notwithstanding any provision of a District
Retirement Program or any other law, rule, or regulation, the Trustee
may, with the approval of the Secretary, enter into one or more
subcontracts with the District Government or any person to provide
services to the Trustee in connection with its performance of the
contract. The Trustee shall monitor the performance of any such
subcontract and enforce its provisions.
``(d) Determination by the Secretary.--Notwithstanding subsection
(b) or any other provision of this subtitle, the Secretary may
determine, with respect to any function otherwise to be performed by
the Trustee, that in the interest of economy and efficiency such
function shall be performed by the Secretary rather than the
Trustee.''.
(e) Process for Reimbursement of District Government for Expenses
of Interim Administration.--Section 11041 of such Act (DC Code, sec. 1-
765.1) is amended--
(1) in subsection (b), by striking ``The Trustee shall''
and inserting ``The Secretary or the Trustee shall, at such
times during or after the period of interim administration
described in subsection (a) as are deemed appropriate by the
Secretary or the Trustee'';
(2) in subsection (b)(1), by inserting ``the Secretary or''
after ``if''; and
(3) in subsection (c), by striking ``the replacement plan
adoption date'' and inserting ``such time as the Secretary
notifies the District Government that the Secretary has
directed the Trustee to carry out the duties and
responsibilities required under the contract''.
(f) Annual Federal Payment Into Federal Supplemental Fund.--Section
11053 of such Act (DC Code, sec. 1-766.3) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Annual Amortization Amount.--At the end of each applicable
fiscal year the Secretary shall promptly pay into the Federal
Supplemental Fund from the General Fund of the Treasury an amount equal
to the annual amortization amount for the year (which may not be less
than zero).'';
(2) in subsection (b), by striking ``freeze date'' and
inserting ``effective date of this Act'';
(3) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Administrative Expenses.--During each applicable fiscal year,
the Secretary shall pay into the Federal Supplemental Fund from the
General Fund of the Treasury amounts not to exceed the covered
administrative expenses for the year.''.
(g) Technical Corrections.--(1) Section 11012(c) of such Act (DC
Code, sec. 1-752.2(c)) is amended by striking ``District of Columbia
Retirement Board'' and inserting ``District Government''.
(2) Section 11033(c)(1) of such Act (DC Code, sec. 1-764.3(c)(1))
is amended by striking ``consisting'' in the first place that it
appears.
(3) Section 11052 of such Act (DC Code, sec. 1-766.2) is amended by
inserting ``to'' after ``may be made only''.
SEC. 3. CLARIFYING TREATMENT OF DISTRICT OF COLUMBIA EMPLOYEES
TRANSFERRED TO FEDERAL RETIREMENT SYSTEMS.
(a) Eligibility of Nonjudicial Employees of District of Columbia
Courts for Medicare and Social Security Benefits.--Section 11246(b) of
the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 755) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Conforming amendments to internal revenue code and
social security.--(A) Section 3121(b)(7)(C) of the Internal
Revenue Code of 1986 (relating to the definition of employment
for service performed in the employ of the District of
Columbia) is amended by inserting `(other than the Federal
Employees Retirement System provided in chapter 84 of title 5,
United States Code)' after `law of the United States'.
``(B) Section 210(a)(7)(D) of the Social Security Act (42
U.S.C. 410(a)(7)(D)) (relating to the definition of employment
for service performed in the employ of the District of
Columbia), is amended by inserting `(other than the Federal
Employees Retirement System provided in chapter 84 of title 5,
United States Code)' after `law of the United States'.''.
(b) Vesting Under Previous District of Columbia Retirement
Program.--For purposes of vesting pursuant to section 2610(b) of the
District of Columbia Government Comprehensive Merit Personnel Act of
1978 (DC Code, sec. 1-627.10(b)), creditable service with the District
for employees whose participation in the District Defined Contribution
Plan ceases as a result of the implementation of the Balanced Budget
Act of 1997 shall include--
(1) continuous service performed by nonjudicial employees
of the District of Columbia courts after September 30, 1997;
and
(2) service performed for a successor employer, including
the Department of Justice or the District of Columbia Offender
Supervision, Defender, and Courts Services Agency established
under section 11233 of the Balanced Budget Act of 1997, that
provides services previously performed by the District
government.
SEC. 4. METHODOLOGY FOR DESIGNATING ASSETS OF RETIREMENT FUND.
Section 11033 of the Balanced Budget Act of 1997 (DC Code, sec. 1-
764.3) is amended by adding at the end the following new subsection:
``(e) Methodology for Designating Assets.--
``(1) In general.--In carrying out subsection (b), the
Secretary may develop and implement a methodology for
designating assets after the replacement plan adoption date that takes
into account the value of the District Retirement Fund as of the
replacement plan adoption date and the proportion of such value
represented by $1.275 billion, together with the income (including
returns on investments) earned on the assets of and withdrawals from
and deposits to the Fund during the period between such date and the
date on which the Secretary designates assets under subsection (b). In
implementing a methodology under the previous sentence, the Secretary
shall not be required to determine the value of designated assets as of
the replacement plan adoption date. Nothing in this paragraph may be
deemed to effect the entitlement of the District Retirement Fund to
income (including returns on investments) earned after the replacement
plan adoption date on assets designated for retention by the Fund.
``(2) Employee contributions; judicial retirement and
survivors annuity fund.--The Secretary may develop and
implement a methodology comparable to the methodology described
in paragraph (1) in carrying out the requirements of subsection
(c) and in designating assets to be transferred to the District
of Columbia Judicial Retirement and Survivors Annuity Fund
pursuant to section 124(c)(1) of the District of Columbia
Retirement Reform Act (as amended by section 11252).
``(3) Discretion of the secretary.--The Secretary's
development and implementation of methodologies for designating
assets under this subsection shall be final and binding.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect as
if included in the enactment of title XI of the Balanced Budget Act of
1997. | District of Columbia Retirement Reform Technical Corrections Act of 1998 - Amends the Balanced Budget Act of 1997, with respect to provisions regarding District of Columbia retirement funds, to include Federal agencies within the definition of "person" under such provisions.
Permits the District of Columbia Federal Pension Liability Trust Fund to be used to cover administrative expenses.
Authorizes the Trustee of the Trust Fund, with the Secretary of the Treasury's approval, to enter into subcontracts with the District government or any person to provide services to the Trustee in connection with the contract to administer the Trust Fund.
Revises provisions regarding reimbursement of the District government for interim administration of retirement benefits.
Makes nonjudicial employees of the District of Columbia courts transferred to the Federal Employees' Retirement System eligible for Medicare and Social Security benefits.
Requires, for purposes of vesting pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978, creditable service with the District for employees whose participation in the District Defined Contribution Plan ceases as a result of the Balanced Budget Act of 1997 to include: (1) continuous service by nonjudicial employees of the District courts after September 30, 1997; and (2) service performed for a successor employer that provides services previously performed by the District government.
Requires this Act to take effect as if included in the enactment of title XI (the National Capital Revitalization and Self-Government Improvement Act of 1997) of the Balanced Budget Act of 1997. | {"src": "billsum_train", "title": "District of Columbia Retirement Reform Technical Corrections Act of 1998"} | 2,286 | 320 | 0.516281 | 1.53143 | 0.805811 | 4 | 7.369176 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Scenic Overflight
Concessions Act of 1994''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to require all commercial
air tour operators to hold a concessions permit with the Park Unit, and
to provide Park Service authority to determine the appropriate level of
commercial scenic tour overflight activity.
(b) Findings.--The Congress finds that:
(1) The National Park Service administers Federal parks,
monuments, and reservations, to conserve the scenery; natural,
cultural and historic values; wilderness values, including
natural quiet; and wildlife resources while providing for the
enjoyment of the same in such manner and by such means as will
leave them unimpaired for the enjoyment of future generations.
In recognition of these values, many park units are recognized
as internationally significant International Biosphere Reserves
and World Heritage Sites.
(2) In order to manage National Park System units to
achieve the purposes for which they were established by
Congress, there is a need for National Park Service authority
to regulate commercial scenic overflight enterprises operating
over units of the National Park system.
(3) It is the function of the Federal Aviation
Administration to manage the safe and efficient use of the
navigable airspace of the United States, as provided for in the
Federal Aviation Act of 1958 (49 U.S.C. App. 1391, et seq.);
and to protect the environment from adverse impacts in accord
with sections 307(c) and 611 of the foregoing Act and section
4(f) of the Department of Transportation Act (49 U.S.C.
1653(f)).
(4) The auditory and visual intrusion of aircraft flying at
low altitudes can be incompatible with the preservation and
management of natural or cultural resources, the natural quiet,
scenery, and/or the public's enjoyment of the resources on
lands managed by the public land management agencies, notably
such sensitive areas as parks, wildlife refuges, and wilderness
areas.
(5) It is the joint responsibility of these agencies to
resolve these incompatible situations or mitigate them to the
fullest extent possible in order to maintain these public lands
for the purposes for which they were established while
recognizing the public's and the Government's need to transit
navigable airspace.
(6) In recognition of the values for which National Park
Service lands are managed, the Federal Aviation Administration
and the National Park Service shall act cooperatively to reduce
the incidence of low-flying aircraft impacts from commercial
scenic tour overflights by helicopters, fixed-wing aircraft,
blimps, and balloons over sensitive lands administered by the
National Park Service and to make these overflights compatible
with park preservation objectives.
SEC. 3. COMMERCIAL AIR TOURS.
The Act of October 9, 1965 (16 U.S.C. 20-20g) commonly known as the
National Park Service Concessions Policy Act is amended by adding the
following new section at the end thereof:
``SEC. 10. COMMERCIAL AIR TOURS OVER NPS UNITS.
``(a) Issuance of Permits for Commercial Air Tours.--No person may
fly an individual for compensation over any unit of the National Park
System for the purpose of viewing any portion of such unit unless such
person has in effect a valid commercial air tour permit issued by the
Secretary. The Secretary may issue or deny such permits upon
application of any person. Such permits may be issued subject to such
conditions and restrictions as the Secretary deems necessary to protect
the resources of such unit and to protect and enhance visitor
enjoyment. Issuance or denial of a permit shall be consistent with the
legislation establishing such unit, the guidelines under subsection
(b), any applicable provisions of any general management plan in effect
for such unit, and the provisions of law generally applicable to units
of the national park system, including the Act of 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). Any person who flies an individual for
compensation over any unit of the National Park System for the purpose
of viewing any portion of such unit shall be treated as entering such
unit and providing a service within such unit for purposes of this Act.
This subsection shall take effect on the date one year after the
enactment of the National Park Scenic Overflight Concessions Act of
1994 and shall apply to all flights described in this subsection made
after such effective date.
``(b) Guidelines and Planning.--Not later than 12 months after the
enactment of this Act, the Secretary shall publish guidelines
applicable to commercial air tour flights over national park system
units providing for such flights where appropriate and restricting or
prohibiting such flights where necessary in accordance with the
provisions of law referred to in subsection (a). Each permit under
subsection (a) for flights at any unit of the National Park System
shall be based on such guidelines. Any such guidelines proposed by the
Secretary shall be submitted to the Administrator of the Federal
Aviation Administration for review prior to adoption. Within 60 days
after his receipt of such proposed guidelines, the Administrator shall
provide comments and recommendations to the Secretary regarding any
effects such guidelines may have on aircraft safety. The Secretary
shall incorporate the Administrator's recommendations regarding
aircraft safety in the final guidelines.
``(c) General Management Plans.--The Secretary may amend the
general management plan for any national park system unit to establish
air concessions requirements applicable to flights subject to the
permit requirements of subsection (a). Such amendments shall be
consistent with the provisions of law referred to in subsection (a) and
the guidelines published under subsection (b). The amendments shall--
``(1) document the degree to which commercial scenic
overflights may affect the natural resources of the park unit
concerned;
``(2) document the effects of such overflights on the park
visitor's experience; and
``(3) propose measures necessary to protect park resources
and the visitor's experience from the adverse effects of
commercial scenic overflights.
Each permit issued under subsection (a) for flights over any national
park system unit after the effective date of general management plan
amendments adopted under this subsection shall be consistent with such
amendments.
``(d) Penalty.--Any person who knowingly or willfully violates any
requirement of this section or of any rule or regulation promulgated by
the Secretary under this section shall be fined not more than $5,000 or
imprisoned for not more than 5 years or both.''.
SEC. 4. FEDERAL AVIATION ADMINISTRATION
(a) Reporting and Training.--The Administrator of the Federal
Aviation Administration (hereinafter in this section referred to as the
``Administrator''), in cooperation with the Secretary of the Interior,
shall--
(1) develop standardized reporting systems for the
documentation of low flying aircraft incidents in air space
over national park system units; and
(2) develop training programs and instructional materials
for national park service personnel to enable them to recognize
and report instance of low flying aircraft incidents in air
space over national park system units.
(b) Aircraft Noise.--The Administrator shall amend the regulations
of the Federal Aviation Administration to treat aircraft noise
abatement at national park system units as in the public interest.
(c) Reports.--The Administrator and the Secretary of the Interior
shall submit a joint report to the Congress within 3 years after the
enactment of this Act containing a description of the progress made
under this Act and other authority of law in mitigating the adverse
effects of commercial scenic overflights at national park system units. | National Park Scenic Overflight Concessions Act of 1994 - Amends the National Park Service Concessions Policy Act to prohibit a person from flying an individual for compensation over a National Park System (NPS) unit to view any portion of the unit unless the person has in effect a valid commercial air tour permit issued by the Secretary of the Interior.
Requires the Secretary to publish guidelines applicable to commercial air tour flights over NPS units providing for such flights where appropriate and restricting or prohibiting such flights where necessary.
Authorizes the Secretary to amend the general management plan for any NPS unit to establish air concessions requirements applicable to flights subject to the permit requirements of this Act that: (1) document the degree to which commercial scenic overflights may affect the natural resources of the park unit concerned and the effects of such overflights on the park visitor's experience; and (2) propose measures necessary to protect park resources and the visitor's experience from the adverse effects of commercial scenic overflights.
Imposes a fine and up to five years' imprisonment on any person who knowingly or willfully violates any requirement, rule, or regulation promulgated pursuant to this Act.
Directs the Administrator of the Federal Aviation Administration (FAA), in cooperation with the Secretary, to develop: (1) standardized reporting systems for the documentation of low flying aircraft incidents in airspace over NPS units; and (2) training programs and instructional materials for National Park Service personnel to enable them to recognize and report such incidents.
Requires the Administrator to amend the FAA regulations to treat aircraft noise abatement at NPS units as in the public interest.
Directs the Administrator and the Secretary to report jointly to the Congress on the progress made under this Act and other authority of law in mitigating the adverse effects of commercial scenic overflights at NPS units. | {"src": "billsum_train", "title": "National Park Scenic Overflight Concessions Act of 1994"} | 1,664 | 396 | 0.598741 | 1.940485 | 0.695562 | 5.2 | 4.518841 | 0.944928 |
SECTION 1. ESTABLISHMENT OF STATE DEPARTMENT REVIEW PANEL.
(a) Findings and Purpose.--The Congress makes the following
findings:
(1) The Department of State, established in 1789, is
responsible for representing the worldwide interests of the
United States and its citizens and for advancing the policies
of the United States Government.
(2) The Department operates 249 posts in more than 180
countries throughout the world, has approximately 18,869 full-
time staff, and spends a budget of approximately
$4,250,000,000.
(3) There have been dramatic changes in the world in which
the Department must function, including changes in technology,
changes in religious, ethnic, and regional conflicts, and
changes in economic, political, and military relationships.
Yet, there has been little change in the organization and
structure of the Department or its posts throughout the world.
(4) The Department and all United States diplomatic efforts
should be the subject of a comprehensive review by an
independent panel to assess how the Department can best fulfill
its mission in the 21st century and meet the challenges of a
rapidly changing world.
(b) Establishment.--Not later than December 1, 1998, the Congress
shall establish a nonpartisan independent panel to be known as the
Department of State Review Panel (in this section referred to as the
``Panel''). The Panel shall have the duties set forth in this section.
(c) Membership.--
(1) The Panel shall be composed of 10 members who are
individuals in the private sector who are recognized experts in
matters relating to foreign affairs and the national security
of the United States.
(2) Members of the Panel shall be appointed as follows:
(A) 3 members appointed by the Speaker of the House
of Representatives.
(B) 3 members appointed by the Majority Leader of
the Senate.
(C) 2 members appointed by the Minority Leader of
the House of Representatives.
(D) 2 members appointed by the Minority Leader of
the Senate.
(3) The Panel shall have a chairman who shall be selected
by the members of the panel from among the members.
(d) Report.--Not later than 6 months after the appointment of the
last member to the Panel, the Panel shall prepare and submit to the
Congress a comprehensive report. The report shall include the
following:
(1) A review of current structures of the Department of
State and related agencies, including the organization and
operation of the embassies and consulates of the United States
abroad, to determine how best to efficiently and effectively--
(A) represent the interests of the United States
throughout the world;
(B) advance the policies of the United States;
(C) cooperate and integrate with other government
agencies and departments, including the Department of
Defense, the Department of Commerce, and the Office of
the United States Trade Representative, the Agency for
International Development (AID), the United States
Information Agency (USIA), the Arms Control and
Disarmament Agency (ACDA), and the intelligence
agencies of the United States; and
(D) meet the anticipated roles and missions of such
entities in the future.
(2) Recommendations on any structural reorganization at the
Department of State and United States embassies and consulates,
including, but not limited to, the following:
(A) Whether any geographical desks should be added,
combined, or eliminated, including an examination of
whether an ``American Affairs'' desk should be
established within the Office of the Under Secretary
for Political Affairs.
(B) Whether any of the Under or Assistant
Secretaries of State should be combined, eliminated, or
created, including an examination of whether an Under
Secretary for ``Future Affairs'' needs to be
established to analyze and assess future challenges for
the Department.
(C) Whether a member of the Armed Forces should be
stationed at each embassy and whether a member of any
other department should be stationed at all or specific
embassies worldwide.
(D) Whether Members of the Foreign Service serving
in other Federal agencies should be merged into the
Department of State.
(3) Suggestions for changes in organization and process to
ensure that future United States diplomatic efforts are
successful.
(4) Suggestions for changes in structures to better
formulate and implement the foreign policy of the United
States.
(5) An independent assessment of the challenges the
Department of State may face through the year 2020 and beyond.
(6) A comprehensive review of how the Department of State,
the embassies and consulates of the United States, and
diplomatic and other personnel and delegations are organized to
handle efficiently future risks, including any recommended
structural or internal changes that may be necessary to meet
future challenges to the national interest of the United
States.
(7) The planning assumptions used in the Panel's review,
including, but not limited to, assumptions relating to
cooperation, communication with allies, levels of risk, real-
time situational awareness, and instantaneous communication.
(8) An examination of the Department of State's forward
presence and prepositioning necessary for negotiation and
conflict deterrence in response to anticipated threats and
conflicts.
(9) An examination of the current information
infrastructure and technologies at the Department of State and
recommendations on how these technologies need to be updated,
changed, or replaced for optimum utilization by the year 2005
and beyond.
(10) The vulnerability of United States technology to
nontraditional threats, such as information warfare, and the
effect of this vulnerability on Department of State operations
and missions.
(11) Future scenarios requiring a Department of State
response, including scenarios in response to nontraditional
threats.
(e) Information From Federal Agencies.--The Panel may secure
directly from the Department of State and from any other Federal
department and agency such information as the Panel considers necessary
to carry out its duties under this section. The head of the department
or agency concerned shall ensure that information requested by the
Panel under this subsection is promptly provided.
(f) Personnel Matters.--
(1) Each member of the Panel shall be compensated at a rate
equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the
performance of the duties of the Panel.
(2) The members of the Panel shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Panel.
(3)(A) The chairman of the Panel may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director, and a staff of not more than 4 additional
individuals, if the Panel determines that an executive director
and staff are necessary in order for the Panel to perform its
duties effectively. The employment of an executive director
shall be subject to confirmation by the Panel.
(B) The chairman may fix the compensation of the executive
director without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Any Federal Government employee may be detailed to the
Panel without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege. The
Secretary shall ensure that sufficient personnel are detailed
to the Panel to enable the Panel to carry out its duties
effectively.
(5) To the maximum extent practicable, the members and
employees of the Panel shall travel on government aircraft,
ships, vehicles, or other conveyances when travel is necessary
in the performance of a duty of the Panel, except that no such
aircraft, ship, vehicle, or other conveyance may be scheduled
primarily for the transportation of any such member or employee
when the cost of commercial transportation is less expensive.
(g) Administrative Provisions.--
(1) The Panel may use the United States mails and obtain
printing and binding services in the same manner and under the
same conditions as other departments and agencies of the
Federal Government.
(2) The Secretary of State shall furnish the Panel any
administrative and support services requested by the Panel.
(3) The Panel may accept, use, and dispose of gifts or
donations of services or property.
(h) Payment of Panel Expenses.--The compensation, travel expenses,
and per diem allowances of members and employees of the Panel shall be
paid out of funds available to the Department of State for the payment
of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department. The other
expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
(i) Sunset Provision.--The Panel shall terminate 6 months after the
submission of a final report to the Congress under subsection (d). | Directs the Congress to establish a nonpartisan independent Department of State Review Panel, which shall report to the Congress: (1) a review of current structures of the Department of State, related agencies, and U.S. embassies and consulates abroad (especially their organization to handle future risks efficiently), including recommendations on any structural reorganization that may be necessary; (2) suggestions for changes in structures to better formulate and implement U.S. foreign policy; and (3) an analysis of the vulnerability of U.S. technology to nontraditional threats (such as information warfare) and the effect of it on Department of State operations and missions. | {"src": "billsum_train", "title": "To establish an independent nonpartisan review panel to assess how the Department of State can best fulfill its mission in the 21st century and meet the challenges of a rapidly changing world."} | 1,890 | 133 | 0.542443 | 1.610832 | 0.59797 | 3.863248 | 16.410256 | 0.940171 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amateur Radio Emergency
Communications Enhancement Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly 700,000 amateur radio operators in the United
States are licensed by the Federal Communications Commission in
the Amateur Radio Service.
(2) Amateur Radio Service operators provide, on a volunteer
basis, a valuable public service to their communities, their
States, and to the Nation, especially in the area of national
and international disaster communications.
(3) Emergency and disaster relief communications services
by volunteer Amateur Radio Service operators have consistently
and reliably been provided before, during, and after floods,
hurricanes, tornadoes, forest fires, earthquakes, blizzards,
train accidents, chemical spills and other disasters. These
communications services include services in connection with
significant incidents, such as--
(A) hurricanes Katrina, Rita, Hugo, and Andrew;
(B) the relief effort at the World Trade Center and
the Pentagon following the 2001 terrorist attacks; and
(C) the Oklahoma City bombing in April 1995.
(4) Amateur Radio Service has formal agreements for the
provision of volunteer emergency communications activities with
the Department of Homeland Security, the Federal Emergency
Management Agency, the National Weather Service, the National
Communications System, and the Association of Public Safety
Communications Officials, as well as with disaster relief
organizations, including the American National Red Cross and
the Salvation Army.
(5) Section 1 of the joint resolution entitled ``Joint
Resolution to recognize the achievements of radio amateurs, and
to establish support for such amateurs as national policy'',
approved October 22, 1994 (Public Law 103-408), included a
finding that stated: ``Reasonable accommodation should be made
for the effective operation of amateur radio from residences,
private vehicles and public areas, and the regulation at all
levels of government should facilitate and encourage amateur
radio operations as a public benefit.''.
(6) Section 1805(c) of the Homeland Security Act of 2002 (6
U.S.C. 757(c)) directs the Regional Emergency Communications
Coordinating Working Group of the Department of Homeland
Security to coordinate their activities with ham and amateur
radio operators among the 11 other categories of emergency
organizations such as ambulance services, law enforcement, and
others.
(7) Amateur Radio Service, at no cost to taxpayers,
provides a fertile ground for technical self-training in modern
telecommunications, electronic technology, and emergency
communications techniques and protocols.
(8) There is a strong Federal interest in the effective
performance of Amateur Radio Service stations, and that
performance must be given--
(A) support at all levels of government; and
(B) protection against unreasonable regulation and
impediments to the provision of the valuable
communications provided by such stations.
SEC. 3. STUDY OF ENHANCED USES OF AMATEUR RADIO IN EMERGENCY AND
DISASTER RELIEF COMMUNICATION AND FOR RELIEF OF
RESTRICTIONS.
(a) Authority.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Homeland Security shall--
(1) undertake a study on the uses and capabilities of
Amateur Radio Service communications in emergencies and
disaster relief; and
(2) submit a report on the findings of the Secretary to
Congress.
(b) Scope of the Study.--The study required by this section shall--
(1) include a review of the importance of amateur radio
emergency communications in furtherance of homeland security
missions relating to disasters, severe weather, and other
threats to lives and property in the United States, as well as
recommendations for--
(A) enhancements in the voluntary deployment of
amateur radio licensees in disaster and emergency
communications and disaster relief efforts; and
(B) improved integration of amateur radio operators
in planning and furtherance of the Department of
Homeland Security initiatives; and
(2)(A) identify impediments to enhanced Amateur Radio
Service communications, such as the effects of unreasonable or
unnecessary private land use regulations on residential antenna
installations; and
(B) make recommendations regarding such impediments for
consideration by other Federal departments, agencies, and
Congress.
(c) Use of Expertise and Information.--In conducting the study
required by this section, the Secretary of Homeland Security shall
utilize the expertise of stakeholder entities and organizations,
including the amateur radio, emergency response, and disaster
communications communities.
SEC. 4. REPORT ON DUPLICATION OF GRANT PROGRAMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Homeland Security shall submit to Congress a report on the grant
programs administered by the Administrator of the Federal Emergency
Management Agency.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) Whether and to what degree the grant programs described
in subsection (a) provide duplicative or overlapping
assistance.
(2) The cost of each grant program described in subsection
(a).
(3) The recommendations of the Inspector General for
consolidation and elimination of grant programs described in
subsection (a) to reduce duplication of assistance. | Amateur Radio Emergency Communications Enhancement Act of 2011 - Directs the Secretary of Homeland Security (DHS): (1) to study and report to Congress on the uses and capabilities of Amateur Radio Service communications in emergencies and disaster relief; and (2) in conducting the study, to utilize the expertise of stakeholder entities and organizations, including the amateur radio, emergency response, and disaster communications communities.
Directs the DHS Inspector General to report on Federal Emergency Management Agency (FEMA) grant programs, including: (1) to what degree the programs provide duplicative or overlapping assistance, (2) the cost of each program, and (3) recommendations for consolidation and elimination of programs to reduce duplication. | {"src": "billsum_train", "title": "A bill to direct the Department of Homeland Security to undertake a study on emergency communications."} | 1,111 | 139 | 0.489328 | 1.387743 | 0.6276 | 4.179104 | 7.902985 | 0.970149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguard Tribal Objects of
Patrimony Act of 2017''.
SEC. 2. ENHANCED PROTECTIONS FOR NATIVE AMERICAN CULTURAL HERITAGE.
(a) Enhanced Penalties.--Section 1170 of title 18, United States
Code, is amended by striking ``5 years'' each place it appears and
inserting ``10 years''.
(b) Prohibition of Exporting Native American Cultural Heritage.--
Chapter 53 of title 18, United States Code, is amended by adding at the
end the following:
``Sec. 1171. Illegal exportation of Native American cultural heritage
``(a) Definitions.--In this section:
``(1) Archaeological resource.--The term `archaeological
resource' has the meaning given the term in section 3 of the
Archaeological Resources Protection Act of 1979 (16 U.S.C.
470bb).
``(2) Cultural item.--The term `cultural item' has the
meaning given the term in section 2 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001).
``(3) Native american.--The term `Native American' has the
meaning given the term in section 2 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001).
``(b) Prohibition.--It shall be unlawful for any person to
knowingly export or otherwise transport from the United States any--
``(1) Native American cultural item that was obtained in
violation of section 1170 of this title or section 3(c) of the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3002(c));
``(2) Native American archaeological resource that was
obtained in violation of the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470aa et seq.); or
``(3) Native American object of antiquity that was obtained
in violation of section 1866(b) of this title.
``(c) Penalty.--Any person who violates subsection (b) shall--
``(1) in the case of a first violation under this section,
be fined under this title, imprisoned for not more than 1 year,
or both; and
``(2) in the case of a second or subsequent violation under
this section, be fined under this title, imprisoned for not
more than 10 years, or both.''.
(c) Regulations.--The Attorney General and Secretary of Homeland
Security, in consultation with the Secretary of the Interior, shall
prescribe such rules and regulations as are necessary and appropriate
to carry out the amendments made by this section.
(d) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 18, United States Code, is amended by adding at the
end the following:
``1171. Illegal exportation of Native American cultural heritage.''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 2 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001).
(2) Native american.--The term ``Native American'' has the
meaning given the term in section 2 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001).
(3) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term in
section 2 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tangible cultural heritage.--The term ``tangible
cultural heritage'' means--
(A) Native American human remains; or
(B) culturally, historically, or archaeologically
significant objects, resources, patrimony, or other
items that are affiliated with a Native American
culture.
SEC. 4. VOLUNTARY RETURN OF TANGIBLE CULTURAL HERITAGE.
(a) Policy.--It shall be the policy of the United States to
encourage the voluntary return of tangible cultural heritage to Indian
tribes and Native Hawaiian organizations by collectors, dealers, and
other individuals and non-Federal organizations that hold such
heritage.
(b) Liaison.--The Secretary and the Secretary of State shall each
designate a liaison to facilitate the voluntary return of tangible
cultural heritage.
(c) Trainings and Workshops.--The individuals listed in subsection
(b) shall hold trainings and workshops for representatives of Indian
tribes and Native Hawaiian organizations and collectors, dealers, and
other individuals and non-Federal organizations regarding the voluntary
return of tangible cultural heritage.
(d) Referrals.--
(1) In general.--The Secretary shall refer individuals and
organizations to one or more Indian tribes or Native Hawaiian
organizations with a likely cultural affiliation to tangible
cultural heritage for the purpose of facilitating the voluntary
return of tangible cultural heritage.
(2) Referral representatives.--The Secretary shall compile
a list of representatives from each Indian tribe and Native
Hawaiian organization for purposes of referral under paragraph
(1).
(3) Consultation.--The Secretary shall consult with Indian
tribes and Native Hawaiian organizations that possess unique
expertise in their cultural heritage before making a referral
under paragraph (1).
(4) Third-party experts.--The Secretary may utilize
knowledgeable experts from regional academic institutions and
museums to aid in making determinations regarding to which
Indian tribe or Native Hawaiian organization an individual or
organization should be referred under paragraph (1).
SEC. 5. TRIBAL WORKING GROUP.
(a) In General.--The Secretary shall convene a tribal working group
consisting of representatives of Indian tribes and Native Hawaiian
organizations to advise the Federal Government.
(b) Recommendations.--The tribal working group convened under
subsection (a) may provide recommendations regarding--
(1) the return of tangible cultural heritage by collectors,
dealers, and other individuals and non-Federal organizations
that hold such tangible cultural heritage;
(2) the elimination of illegal commerce in tangible
cultural heritage in the United States and foreign markets; and
(3) the repatriation to Indian tribes and Native Hawaiian
organizations of tangible cultural heritage that have been
illegally removed or trafficked in violation of Federal law.
(c) Agency and Committee Assistance.--
(1) In general.--The agencies and committees described in
paragraph (2) shall provide information and assistance to the
tribal working group convened under subsection (a) upon request
by the tribal working group.
(2) Agencies and committees.--The agencies and committees
described in this paragraph are the following:
(A) The Department of the Interior.
(B) The Department of Justice.
(C) The Department of Homeland Security.
(D) The Department of State.
(E) The Native American Graves Protection and
Repatriation Review Committee established under section
8 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3006).
(F) The Cultural Property Advisory Committee
established under section 306 of the Convention on
Cultural Property Implementation Act (19 U.S.C. 2605).
(G) Any other relevant Federal agency. | Safeguard Tribal Objects of Patrimony Act of 2017 This bill amends the federal criminal code to double the maximum prison term (from 5 years to 10 years) for persons convicted of selling, purchasing, using for profit, or transporting for sale or profit the human remains of Native Americans or cultural items obtained in violation of the Native American Graves Protection and Repatriation Act. The bill prohibits the export of Native American cultural items that were obtained in violation of the Act, Native American archaeological resources that were obtained in violation of the Archaeological Resources Protection Act of 1979, or Native American objects of antiquity that were obtained in violation of the criminal code. Violators may be subject to fines, imprisonment, or both. The Department of the Interior and the Department of State must each designate a liaison to facilitate and hold trainings and workshops on the voluntary return of human remains or cultural items. Interior must refer individuals and organizations to Indian tribes or Native Hawaiian organizations to facilitate the voluntary return of human remains or cultural items. In addition, Interior must convene a tribal working group consisting of representatives of tribes and Native Hawaiian organizations to provide advice on issues concerning the return of, and illegal trade in, human remains or cultural items. | {"src": "billsum_train", "title": "Safeguard Tribal Objects of Patrimony Act of 2017"} | 1,641 | 264 | 0.610016 | 1.752659 | 0.744878 | 2.649573 | 6.059829 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tracing and Recalling Agricultural
Contamination Everywhere Act of 2007'' or ``TRACE Act of 2007''.
SEC. 2. TRACEABILITY OF FOOD.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended--
(1) in section 301, by inserting at the end the following:
``(jj) The failure to comply with any requirement of section 414A
(relating to the traceability of food).''; and
(2) in chapter IV, by inserting after section 414 the
following:
``SEC. 414A. TRACEABILITY OF FOOD.
``(a) Establishment of System.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall establish a
traceability system described in subsection (b) for all stages of
manufacturing, processing, packaging, and distribution of food.
``(b) Description of System.--The traceability system required by
subsection (a) shall require each article of food shipped in interstate
commerce to be identified in a manner that enables the Secretary to
retrieve the history, use, and location of the article through a
recordkeeping and audit system or registered identification.
``(c) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify an article
of food pursuant to subsection (b) maintain accurate records,
as prescribed by the Secretary, regarding the purchase, sale,
and identification of the article.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(d) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any location at which any
article of food was held.
``(e) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the location at
which any article of food was held.''.
SEC. 3. TRACEABILITY OF LIVESTOCK.
Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.)
is amended by adding at the end the following:
``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS.
``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
``(b) Requirements.--
``(1) In general.--Cattle, sheep, swine, goats, and horses,
mules, and other equines presented for slaughter for human food
purposes, and the carcasses or parts of carcasses and the meat
and meat food products of those animals, shipped in interstate
commerce shall be identified in a manner that enables the
Secretary to trace--
``(A) each animal to any premises or other location
at which the animal was held at any time before
slaughter; and
``(B) each carcass or part of a carcass and meat
and meat food product of such animals forward from
slaughter through processing and distribution to the
ultimate consumer.
``(2) Traceability system.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall
establish a traceability system for all stages of production,
processing, and distribution of meat and meat food products
that are produced through the slaughter of animals described in
paragraph (1).
``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any cattle, sheep, swine, goats, or horses,
mules, or other equines not identified as prescribed by the Secretary
under subsection (b).
``(d) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify livestock
pursuant to subsection (b) maintain accurate records, as
prescribed by the Secretary, regarding the purchase, sale, and
identification of the livestock.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
cattle, sheep, swine, goats, horses, mules, or other equines, or
carcasses thereof, were held.
``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which were held any cattle, sheep, swine, goats, horses, mules, or
other equines, or the carcasses thereof.
``(g) Relation to Country of Origin Labeling.--Nothing contained in
this section prevents or interferes with implementation of the country
of origin labeling requirements of subtitle D of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''.
SEC. 4. TRACEABILITY OF POULTRY.
The Poultry Products Inspection Act is amended by inserting after
section 23 (21 U.S.C. 467e) the following:
``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS.
``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
``(b) Requirements.--
``(1) In general.--Poultry presented for slaughter for
human food purposes and poultry products shipped in interstate
commerce shall be identified in a manner that enables the
Secretary to trace--
``(A) each animal to any premises or other location
at which the animal was held at any time before
slaughter; and
``(B) each poultry product forward from slaughter
through processing and distribution to the ultimate
consumer.
``(2) Traceability system.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall
establish a traceability system for all stages of production,
processing, and distribution of poultry and poultry food
products that are produced through the slaughter of animals
described in paragraph (1).
``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any poultry not identified as prescribed by
the Secretary.
``(d) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify poultry
pursuant to subsection (b) maintain accurate records, as
prescribed by the Secretary, regarding the purchase, sale, and
identification of the poultry.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
poultry, or carcasses thereof, were held.
``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which were held any poultry or the carcasses thereof.
``(g) Relation to Country of Origin Labeling.--Nothing contained in
this section prevents or interferes with implementation of the country
of origin labeling requirements of subtitle D of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''.
SEC. 5. TRACEABILITY OF EGG PRODUCTS.
The Egg Products Inspection Act is amended by inserting after
section 18 (21 U.S.C. 1047) the following:
``SEC. 18A. TRACEABILITY OF EGGS AND EGG PRODUCTS.
``(a) Establishment of System.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall establish a
traceability system described in subsection (b) for all stages of
manufacturing, processing, packaging, and distribution of eggs and egg
products.
``(b) Description of System.--The traceability system required by
subsection (a) shall require each egg or egg product shipped in
interstate commerce to be identified in a manner that enables the
Secretary to retrieve the history, use, and location of the egg or egg
product through a recordkeeping and audit system or registered
identification.
``(c) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify eggs or egg
products pursuant to subsection (b) maintain accurate records,
as prescribed by the Secretary, regarding the purchase, sale,
and identification of the eggs or egg products.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(d) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any location at which any eggs
or egg products were held.
``(e) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the locations at
which were held any eggs or egg products.''. | Tracing and Recalling Agricultural Contamination Everywhere Act of 2007 or TRACE Act of 2007- Amends the Federal Meat Inspection Act to direct the Secretary of Agriculture to establish a traceability system for all stages of manufacturing, processing, packaging, and distribution of food.
States that cattle, sheep, swine, goats, horses, mules and other equines, and poultry presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace: (1) each animal to any location at which the animal was held at any time before slaughter; and (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer.
Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products produced through the slaughter of such animals.
Authorizes the Secretary to: (1) prohibit or restrict entry to a slaughtering establishment of an animal not so identified; and (2) require a person or entity to maintain records.
Amends the Poultry Products Inspection Act and the Egg Products Inspection Act to establish similar provisions for poultry and poultry products and for eggs and egg products. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act, the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to improve the safety of food, meat, and poultry products through enhanced traceability, and for other purposes."} | 2,631 | 284 | 0.586511 | 1.728536 | 0.646783 | 5.527778 | 9.515873 | 0.948413 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homebound Elderly Relief Opportunity
Act of 1998''.
SEC. 2. MODIFICATION OF HOME HEALTH SERVICES PAYMENT LIMITS.
(a) Conditions on Implementation of Per Beneficiary Limits Under
Interim Payment System.--
(1) In general.--Section 1861(v)(1)(L) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended--
(A) in the first sentence of clause (v), by
striking ``For'' and inserting ``Subject to clause
(iv), for''; and
(B) in clause (iv), to read as follows:
``(iv)(I) Clause (v) shall not apply for a cost reporting period
beginning during fiscal year 1999, 2000, 2001, or 2002, unless the
Secretary determines that the amount of the aggregate expenditures
under this title for home health services in the fiscal year (as
estimated by the Secretary) exceeds the applicable amount described in
subclause (II).
``(II) For purposes of subclause (I), the applicable amount for
fiscal year 1999 is $19,300,000,000, for fiscal year 2000 is
$19,000,000,000, for fiscal year 2001 is $21,400,000,000, and for
fiscal year 2002 is $23,100,000,000.
``(III) In determining under subclause (I) for a fiscal year
whether estimated aggregate expenditures exceed the applicable amount,
the Secretary shall compute, if applicable, the amount by which
estimated aggregate expenditures were less than or greater than the
applicable amount for previous fiscal years (beginning with fiscal year
1999), and apply such amount in the determination of the estimated
aggregate expenditures for such fiscal year involved. In making
computations pursuant to the previous sentence, the Secretary shall use
information from fiscal years in which settled cost reports of all home
health agencies are available.
``(IV) Not later than May 31 of each of fiscal years 1999 through
2002, the Secretary shall determine the estimated aggregate
expenditures for home health services to be made during the fiscal
year.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to cost reporting periods beginning on or after
October 1, 1998.
(b) Establishment of Regionally Uniform Per Beneficiary Limits
Under Interim Payment System.--
(1) In general.--Section 1861(v)(1)(L) of such Act (42
U.S.C. 1395x(v)(1)(L)) is amended--
(A) by amending subclause (I) of clause (v) to read
as follows:
``(I) the per beneficiary annual limitation specified in
clause (viii); and''; and
(B) by adding at the end the following new clause:
``(viii) For purposes of clause (v)(I), the per beneficiary annual
limitation is the following amount:
``(I) For an agency located in the New England census
division (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont), $4,026.91.
``(II) For an agency located in the Middle Atlantic census
division (New Jersey, New York, and Pennsylvania), $3,796.19.
``(III) For an agency located in the East North Central
census division (Illinois, Indiana, Michigan, Ohio, and
Wisconsin), $3,943.56.
``(IV) For an agency located in the West North Central
census division (Iowa, Kansas, Minnesota, Montana, Nebraska,
North Dakota, and South Dakota), $3,911.64.
``(V) For an agency located in the South Atlantic census
division (Delaware, the District of Columbia, Florida, Georgia,
Maryland, North Carolina, South Carolina, Virginia, and West
Virginia), $4,132.02.
``(VI) For an agency located in the East South Central
census division (Alabama, Kentucky, Mississippi, and
Tennessee), $5,641.41.
``(VII) For an agency located in the West South Central
census division (Arkansas, Louisiana, Oklahoma, and Texas),
$5,507.11.
``(VIII) For an agency located in the Mountain census
division (Arizona, Colorado, Idaho, Montana, Nevada, New
Mexico, Utah, and Wyoming), $4,115.74.
``(IX) For an agency located in the Pacific census division
(Alaska, California, Hawaii, Oregon, and Washington),
$3,894.87.
``(X) For an agency located in the Commonwealth of Puerto
Rico, $3,783.11.
``(XI) For an agency located in the Territory of Guam,
$3,760.93.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to cost reporting periods beginning on or after
October 1, 1998.
(c) Elimination of Special Per Beneficiary Payment Rule for New
Agencies.--
(1) In general.--Section 1861(v)(1)(L)(vi) of such Act (42
U.S.C. 1395x(v)(1)(L)(vi)) (as added by section 4602(c) of the
Balanced Budget Act of 1997) is amended--
(A) by striking ``For services'' and inserting ``In
the case of services''; and
(B) by striking ``the following rules apply'' and
all that follows through ``For beneficiaries'' and
inserting ``for beneficiaries''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to cost reporting periods beginning on or after
October 1, 1998.
(d) Per Visit Cost Limits.--Section 1861(v)(1)(L)(i) of such Act
(42 U.S.C. 1395x(v)(1)(L)(i)) is amended--
(1) in subclause (III), by striking ``or''; and
(2) in subclause (IV)--
(A) by inserting ``and before October 1, 1998,''
after ``October 1, 1997,'';
(B) by striking the period at the end and inserting
``, or''; and
(C) by adding at the end the following new
subclause:
``(V) October 1, 1998, 108 percent of the mean of the
labor-related and nonlabor per visit costs for freestanding
home health agencies.''.
(e) Judicial Review.--Section 1861(v)(1)(L) of such Act (42 U.S.C.
1395x(v)(1)(L)), as amended by subsection (b), is further amended by
adding at the end the following new clause:
``(ix) There shall be no administrative or judicial review under
section 1869, 1878, or under any other provision of law of any action
by the Secretary under clause (i), (iv), or (viii), as amended by the
Homebound Elderly Relief Opportunity Act of 1998, with respect to
payment limits for cost reporting periods beginning on or after October
1, 1998.''.
(f) Publication of New Limits.--Section 1861(v)(1)(L)(vii) of such
Act (42 U.S.C. 1395x(v)(1)(L)(vii)) is amended by adding at the end the
following new subclause:
``(III) Notwithstanding subclause (II), in the case of per visit or
per beneficiary limits for fiscal year 1999 established by reason of
the Homebound Elderly Relief Opportunity Act of 1998, the Secretary
shall establish such limits by not later than 90 days after the date of
the enactment of such Act.''.
(g) Elimination of Mandatory Reduction in Payment Limits.--Section
4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is
amended by striking ``provide for a reduction by 15 percent in'' and
inserting ``apply''.
SEC. 3. REPORTS ON INTERIM PAYMENT SYSTEM.
(a) Summary of Research.--By not later than January 1, 1999, the
Secretary of Health and Human Services shall submit to Congress a
report on the following matters:
(1) Description of research.--A description of any research
paid for by the Secretary on the development of a prospective
payment system for home health services furnished under the
Medicare program under title XVIII of the Social Security Act,
and a summary of the results of such research.
(2) Schedule for implementation of system.--The Secretary's
schedule for the implementation of the prospective payment
system for home health services under section 1895 of the
Social Security Act (42 U.S.C. 1395fff).
(b) MedPAC Reports.--
(1) Review of secretary's report.--Not later than 60 days
after the date the Secretary of Health and Human Services
submits to Congress the report under subsection (a), the
Medicare Payment Advisory Commission (established under section
1805 of the Social Security Act (42 U.S.C. 1395b-6) shall
submit to Congress a report describing the Commission's
analysis of the Secretary's report, and shall include the
Commission's recommendations with respect to the matters
contained in such report.
(2) Annual report.--The Commission shall include in its
annual report to Congress for June 1999 an analysis of whether
changes in law made by the Balanced Budget Act of 1997, as
modified by the amendments made by this Act, with respect to
payments for home health services furnished under the Medicare
program under title XVIII of the Social Security Act impede
access to such services by individuals entitled to benefits
under such program.
(c) GAO Audits.--
(1) Research expenditures.--The Comptroller General of the
United States shall conduct an audit of sums obligated or
expended by the Health Care Financing Administration for the
research described in subsection (a)(1), and of the data,
reports, proposals, or other information provided by such
research.
(2) Estimates of aggregate spending for medicare home
health services.--The Comptroller General shall conduct an
audit of the estimated aggregate expenditures for home health
services furnished under the Medicare program, as determined by
the Secretary of Health and Human Services under section
1861(v)(1)(L)(iv)(IV) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)(iv)(IV)), as added by section 2(b), for each of
fiscal years 1999 through 2002. | Homebound Elderly Relief Opportunity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, with a revised formula containing a specific per beneficiary annual limitation according to the census division in which an agency is located.
(Sec. 2) Declares that such interim system shall not apply for a cost reporting period beginning during FY 1999 through 2002 unless the Secretary of Health and Human Services determines that the amount of the aggregate expenditures for home health services in a fiscal year exceeds specified applicable amounts for FY 1999 and 2002. Eliminates the special per beneficiary payment rule for new agencies that was added by BBA '97 for determination of the reasonable cost of such services.
Provides for a three percent increase in per visit cost limits for cost reporting periods beginning on or after October 1, 1998.
Precludes administrative or judicial review of certain actions by the Secretary with respect to payment limits for cost reporting periods beginning on or after October 1, 1998.
Amends BBA '97 with regard to the establishment of a prospective payment system (CPPS) for home health care services to repeal the current requirement that during certain applicable cost reporting periods applicable limits under Medicare's reasonable cost requirements be reduced by 15 percent.
(Sec. 3) Directs the Secretary to report to the Congress on: (1) research paid for by the Secretary with regard to development of a PPS for Medicare home health services, with a summary of research results; and (2) the schedule for PPS implementation.
Directs the Medicare Payment Advisory Commission to: (1) report to the Congress on the Secretary's research report along with recommendations with respect to matters in it; and (2) include in its annual report to the Congress an analysis of whether changes in law made by this Act with regard to payments impede access to home health services by Medicare beneficiaries.
Directs the Comptroller General to audit expenditures by the Health Care Financing Administration for research costs and audit estimates of aggregate expenditures for Medicare home health services. | {"src": "billsum_train", "title": "Homebound Elderly Relief Opportunity Act of 1998"} | 2,347 | 466 | 0.619127 | 2.013324 | 0.729988 | 3.079439 | 4.714953 | 0.873832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greens Creek Land Exchange Act of
1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act
established the Admiralty Island National Monument and sections 503
and 504 of that Act provided special provisions under which the
Greens Creek Claims would be developed. The provisions supplemented
the general mining laws under which these claims were staked.
(2) The Kennecott Greens Creek Mining Company, Inc., currently
holds title to the Greens Creek Claims, and the area surrounding
these claims has further mineral potential which is yet unexplored.
(3) Negotiations between the United States Forest Service and
the Kennecott Greens Creek Mining Company, Inc., have resulted in
an agreement by which the area surrounding the Greens Creek Claims
could be explored and developed under terms and conditions
consistent with the protection of the values of the Admiralty
Island National Monument.
(4) The full effectuation of the Agreement, by its terms,
requires the approval and ratification by Congress.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``Agreement'' means the document entitled the
``Greens Creek Land Exchange Agreement'' executed on December 14,
1994, by the Under Secretary of Agriculture for Natural Resources
and Environment on behalf of the United States and the Kennecott
Greens Creek Mining Company and Kennecott Corporation;
(2) the term ``ANILCA'' means the Alaska National Interest
Lands Conservation Act, Public Law 96-487 (94 Stat. 2371);
(3) the term ``conservation system unit'' has the same meaning
as defined in section 102(4) of ANILCA;
(4) the term ``Greens Creek Claims'' means those patented
mining claims of Kennecott Greens Creek Mining Company within the
Monument recognized pursuant to section 504 of ANILCA;
(5) the term ``KGCMC'' means the Kennecott Greens Creek Mining
Company, Inc., a Delaware corporation;
(6) the term ``Monument'' means the Admiralty Island National
Monument in the State of Alaska established by section 503 of
ANILCA;
(7) the term ``Royalty'' means Net Island Receipts Royalty as
that latter term is defined in Exhibit C to the Agreement; and
(8) the term ``Secretary'' means the Secretary of Agriculture.
SEC. 4. RATIFICATION OF THE AGREEMENT.
The Agreement is hereby ratified and confirmed as to the duties and
obligations of the United States and its agencies, and KGCMC and
Kennecott Corporation, as a matter of Federal law. The agreement may be
modified or amended, without further action by the Congress, upon
written agreement of all parties thereto and with notification in
writing being made to the appropriate committees of the Congress.
SEC. 5. IMPLEMENTATION OF THE AGREEMENT.
(a) Land Acquisition.--Without diminishment of any other land
acquisition authority of the Secretary in Alaska and in furtherance of
the purposes of the Agreement, the Secretary is authorized to acquire
lands and interests in land within conservation system units in the
Tongass National Forest, and any land or interest in land so acquired
shall be administered by the Secretary as part of the National Forest
System and any conservation system unit in which it is located.
Priority shall be given to acquisition of non-Federal lands within the
Monument.
(b) Acquisition Funding.--There is hereby established in the
Treasury of the United States an account entitled the ``Greens Creek
Land Exchange Account'' into which shall be deposited the first
$5,000,000 in royalties received by the United States under part 6 of
the Agreement after the distribution of the amounts pursuant to
subsection (c) of this section. Such moneys in the special account in
the Treasury may, to the extent provided in appropriations Acts, be
used for land acquisition pursuant to subsection (a) of this section.
(c) Twenty-Five Percent Fund.--All royalties paid to the United
States under the Agreement shall be subject to the 25 percent
distribution provisions of the Act of May 23, 1908, as amended (16
U.S.C. 500) relating to payments for roads and schools.
(d) Mineral Development.--Notwithstanding any provision of ANILCA
to the contrary, the lands and interests in lands being conveyed to
KGCMC pursuant to the Agreement shall be available for mining and
related activities subject to and in accordance with the terms of the
Agreement and conveyances made thereunder.
(e) Administration.--The Secretary of Agriculture is authorized to
implement and administer the rights and obligations of the Federal
Government under the Agreement, including monitoring the Government's
interests relating to extralateral rights, collecting royalties, and
conducting audits. The Secretary may enter into cooperative
arrangements with other Federal agencies for the performance of any
Federal rights or obligations under the Agreement or this Act.
(f) Reversions.--Before reversion to the United States of KGCMC
properties located on Admiralty Island, KGCMC shall reclaim the surface
disturbed in accordance with an approved plan of operations and
applicable laws and regulations. Upon reversion to the United States of
KGCMC properties located on Admiralty, those properties located within
the Monument shall become part of the Monument and those properties
lying outside the Monument shall be managed as part of the Tongass
National Forest.
(g) Savings Provisions.--Implementation of the Agreement in
accordance with this Act shall not be deemed a major Federal action
significantly affecting the quality of the human environment, nor shall
implementation require further consideration pursuant to the National
Historic Preservation Act, title VIII of ANILCA, or any other law.
SEC. 6. RECISION RIGHTS.
Within 60 days of the enactment of this Act, KGCMC and Kennecott
Corporation shall have a right to rescind all rights under the
Agreement and this Act. Recision shall be effected by a duly authorized
resolution of the Board of Directors of either KGCMC or Kennecott
Corporation and delivered to the Chief of the Forest Service at the
Chief's principal office in Washington, District of Columbia. In the
event of a recision, the status quo ante provisions of the Agreement
shall apply.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Greens Creek Land Exchange Act of 1995 - Ratifies (allowing for necessary modification or amendment) the agreement entered into between the United States and the Kennecott Greens Creek Mining Company (KGCMC) providing the terms under which the Greens Creek mining claims may be explored and developed. Authorizes the Secretary of Agriculture, in furtherance of agreement purposes, to acquire lands within conservation system units in the Tongass National Forest, to be administered as part of the National Forest System. Establishes in the Treasury the Greens Creek Land Exchange Account, depositing into the Account certain royalties received under the agreement. Authorizes Account funds to be used for land acquisition purposes under this Act. Makes the lands and interests conveyed to KGCMC under the agreement available for mining and related activities under the agreement. Provides reverter and rescission rights. | {"src": "billsum_train", "title": "Greens Creek Land Exchange Act of 1995"} | 1,414 | 186 | 0.596531 | 1.795434 | 0.843003 | 2.496732 | 8.248366 | 0.875817 |
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SECTION 1. EXPANSION OF BELLE FOURCHE IRRIGATION PROJECT.
(a) Authorization of Additional Activities.--The Act entitled ``An
Act to authorize rehabilitation of the Belle Fourche irrigation
project, and for other purposes.'' (Public Law 98-157, 97 Stat. 989) is
amended in the first section--
(1) by striking ``That the general'' and inserting in lieu
thereof, so as to appear immediately after and below the
enacting clause, the following:
``Section 1. (a) The general plan for''; and
(2) by adding at the end the following:
``(b)(1) In addition to the activities authorized under subsection
(a), the general plan for the Belle Fourche project is modified to
include the following:
``(A) Rehabilitation of the following major water control
structures:
``(i) The Whitewood Siphon
``(ii) 2 Belle Fourche dam outlets.
``(B) Lining at South Canal and rehabilitation of Johnson
Lateral for water conservation.
``(C) Replacement or rehabilitation of deteriorated canal
bridges.
``(D) Provision of minor lateral rehabilitation and
contract support work by the Belle Fourche irrigation district.
``(E) Conduct of a detailed study of project-wide water use
management and implementation of improved management practices
for the purpose of achieving optimal conservation of water
supplies.
``(2) The Federal share of the cost of activities under this
subsection may not exceed $10,500,000. The State share of those costs
shall be at least $4,000,000, and shall be paid concurrently with
Federal expenditures for activities under this subsection.''.
(b) Extension of Repayment Period.--Section 2(b) of that Act is
amended by striking ``the year in which such amendatory repayment
contract is executed'' and inserting ``July 1, 1995''.
(c) Applicable Rates of Charge and Assessable Acreage.--Section
2(c) of that Act is amended to read as follows:
``(c)(1) Before July 1, 1995, the rates of charge to land class in
the unit shall continue to be as established in the November 29, 1949,
repayment contract with the district, as subsequently amended and
supplemented. On and after July 1, 1995, such rates of charge and
assessable acreage shall, subject to subsection (d), be in accordance
with the amortization capacity and classification of unit lands as then
determined by the Secretary.
``(2) After final completion of the rehabilitation and betterment
program authorized by this Act, and at intervals agreed to by the
Secretary and the Belle Fourche irrigation district, the rates of
charge and assessable acreage may be amended as determined necessary by
the Secretary.''.
(d) Authorization of Appropriation.--Section 7 of that Act is
amended--
(1) by inserting ``(a)'' after ``Sec. 7.''; and
(2) by adding at the end the following:
``(b) In addition to amounts authorized under subsection (a), for
activities under section 1(b) there are authorized to be appropriated
$10,500,000, plus or minus such amounts (if any) as may be justified by
reason of ordinary fluctuations in construction cost indices applicable
to types of construction conducted under that section.''.
(e) Amendment of Contract.--The Secretary of the Interior and the
Belle Fourche irrigation district shall amend the contract numbered 5-
07-60-WR170 to reflect the amendments made by this section. | Modifies the general plan for the Belle Fourche irrigation project, within the Pick-Sloan Missouri Basin program, to include: (1) rehabilitation of the Whitewood Siphon and two Belle Fourche dam outlets; (2) lining at South Canal and rehabilitation of Johnson Lateral for water conservation; (3) replacement or rehabilitation of deteriorated canal bridges; (4) provision of minor lateral rehabilitation and contract support work by the Belle Fourche irrigation district; and (5) a detailed study of project-wide water use management and implementation of improved management practices for the purpose of achieving optimal conservation of water supplies.
Sets forth provisions regarding: (1) the Federal and State share of costs; and (2) extension of the repayment period.
Provides that: (1) before July 1, 1995, the rates of charge to land class in the unit shall continue as established in the November 29, 1949, repayment contract with the district, as subsequently amended and supplemented; and (2) on and after July 1, 1995, such rates of charge and assessable acreage shall be in accordance with the amortization capacity and classification of unit lands as then determined by the Secretary, subject to specified requirements. Permits the rates of charge and assessable acreage to be amended as deemed necessary by the Secretary after final completion of the rehabilitation and betterment program authorized by the Act, at intervals agreed to by the Secretary and the Belle Fourche irrigation district.
Authorizes appropriations for the project.
Directs the Secretary and the district to amend the contract to reflect the amendments made by this Act. | {"src": "billsum_train", "title": "A bill to increase the authorization of appropriations for the Belle Fourche Irrigation Project, and for other purposes."} | 2,291 | 327 | 0.126455 | 0.308154 | 0.533618 | 5.457792 | 6.334416 | 0.918831 |
SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER.
The American GI Forum of the United States, a nonprofit corporation
organized under the laws of the State of Texas, is recognized as such
and granted a Federal charter.
SEC. 2. POWERS.
The American GI Forum of the United States (in this Act referred to
as the ``corporation'') shall have only those powers granted to it
through its bylaws and articles of incorporation filed in the State of
Texas and subject to the laws of the State of Texas.
SEC. 3. PURPOSES.
The purposes of the corporation are those provided in its bylaws
and articles of incorporation and shall include the following:
(1) To secure the blessing of American democracy at every level
of local, State, and national life for all United States citizens.
(2) To uphold and defend the Constitution and the United States
flag.
(3) To foster and perpetuate the principles of American
democracy based on religious and political freedom for the
individual and equal opportunity for all.
(4) To foster and enlarge equal educational opportunities,
equal economic opportunities, equal justice under the law, and
equal political opportunities for all United States citizens,
regardless of race, color, religion, sex, or national origin.
(5) To encourage greater participation of the ethnic minority
represented by the corporation in the policy-making and
administrative activities of all departments, agencies, and other
governmental units of local and State governments and the Federal
Government.
(6) To combat all practices of a prejudicial or discriminatory
nature in local, State, or national life which curtail, hinder, or
deny to any United States citizen an equal opportunity to develop
full potential as an individual.
(7) To foster and promote the broader knowledge and
appreciation by all United States citizens of their cultural
heritage and language.
SEC. 4. SERVICE OF PROCESS.
With respect to service of process, the corporation shall comply
with the laws of the State of Texas and those States in which it
carries on its activities in furtherance of its corporate purposes.
SEC. 5. MEMBERSHIP.
Except as provided in section 8(g), eligibility for membership in
the corporation and the rights and privileges of members shall be as
provided in the bylaws and articles of incorporation of the
corporation.
SEC. 6. BOARD OF DIRECTORS.
Except as provided in section 8(g), the composition of the board of
directors of the corporation and the responsibilities of the board
shall be as provided in the bylaws and articles of incorporation of the
corporation and in conformity with the laws of the State of Texas.
SEC. 7. OFFICERS.
Except as provided in section 8(g), the positions of officers of
the corporation and the election of members to such positions shall be
as provided in the bylaws and articles of incorporation of the
corporation and in conformity with the laws of the State of Texas.
SEC. 8. RESTRICTIONS.
(a) Income and Compensation.--No part of the income or assets of
the corporation may inure to the benefit of any member, officer, or
director of the corporation or be distributed to any such individual
during the life of this charter. Nothing in this subsection may be
construed to prevent the payment of reasonable compensation to the
officers and employees of the corporation or reimbursement for actual
and necessary expenses in amounts approved by the board of directors.
(b) Loans.--The corporation may not make any loan to any member,
officer, director, or employee of the corporation.
(c) Issuance of Stock and Payment of Dividends.--The corporation
may not issue any shares of stock or declare or pay any dividends.
(d) Disclaimer of Congressional or Federal Approval.--The
corporation may not claim the approval of Congress or the authorization
of the Federal Government for any of its activities by virtue of this
Act.
(e) Corporate Status.--The corporation shall maintain its status as
a corporation organized and incorporated under the laws of the State of
Texas.
(f) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the State of Texas.
(g) Nondiscrimination.--In establishing the conditions of
membership in the corporation and in determining the requirements for
serving on the board of directors or as an officer of the corporation,
the corporation may not discriminate on the basis of race, color,
religion, sex, disability, age, or national origin.
SEC. 9. LIABILITY.
The corporation shall be liable for the acts of its officers,
directors, employees, and agents whenever such individuals act within
the scope of their authority.
SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The corporation shall keep
correct and complete books and records of account and minutes of any
proceeding of the corporation involving any of its members, the board
of directors, or any committee having authority under the board of
directors.
(b) Names and Addresses of Members.--The corporation shall keep at
its principal office a record of the names and addresses of all members
having the right to vote in any proceeding of the corporation.
(c) Right To Inspect Books and Records.--All books and records of
the corporation may be inspected by any member having the right to vote
in any proceeding of the corporation, or by any agent or attorney of
such member, for any proper purpose at any reasonable time.
(d) Application of State Law.--This section may not be construed to
contravene any applicable State law.
SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the
end the following:
``(80) American GI Forum of the United States.''.
SEC. 12. ANNUAL REPORT.
The corporation shall annually submit to Congress a report
concerning the activities of the corporation during the preceding
fiscal year. The annual report shall be submitted on the same date as
the report of the audit required by reason of the amendment made in
section 11. The annual report shall not be printed as a public
document.
SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.
The right to alter, amend, or repeal this Act is expressly reserved
to Congress.
SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER.
If the corporation fails to maintain its status as a corporation
exempt from taxation as provided in the Internal Revenue Code of 1986
the charter granted in this Act shall terminate.
SEC. 15. TERMINATION.
The charter granted in this Act shall expire if the corporation
fails to comply with any of the provisions of this Act.
SEC. 16. DEFINITION OF STATE.
For purposes of this Act, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and the territories and possessions of the
United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Grants a Federal charter to the American GI Forum of the United States (a nonprofit corporation organized under the laws of Texas). | {"src": "billsum_train", "title": "A bill to grant a Federal charter to the American GI Forum of the United States."} | 1,582 | 28 | 0.517655 | 1.34608 | -0.154902 | 4.56 | 59.44 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen Future Act of 2001''.
SEC. 2. PURPOSES.
Section 102(b) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12401(b)) is
amended by striking paragraphs (2) and (3) and inserting the following:
``(2) to direct the Secretary to develop a program of
technology assessment, information transfer, and education in
which Federal agencies, members of the transportation, energy,
and other industries, and other entities may participate;
``(3) to develop methods of hydrogen production that
minimize production of greenhouse gases, including developing--
``(A) efficient production from non-renewable
resources; and
``(B) cost-effective production from renewable
resources such as biomass, wind, and solar energy; and
``(4) to foster the use of hydrogen as a major energy
source, including developing the use of hydrogen in--
``(A) isolated villages, islands, and communities
in which other energy sources are not available or are
very expensive; and
``(B) foreign economic development, to avoid
environmental damage from increased fossil fuel use.''.
SEC. 3. REPORT TO CONGRESS.
Section 103 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12402) is
amended--
(1) in subsection (a), by striking ``January 1, 1999,'' and
inserting ``1 year after the date of enactment of the Hydrogen
Future Act of 2001, and each year thereafter,'';
(2) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) an analysis of hydrogen-related activities throughout
the United States Government to identify productive areas for
increased intragovernmental collaboration;
``(2) recommendations of the Hydrogen Technical Advisory
Panel established by section 108 for any improvements in the
program that are needed, including recommendations for
additional legislation; and
``(3) to the extent practicable, an analysis of State and
local hydrogen-related activities.''; and
(3) by adding at the end the following:
``(c) Coordination Plan.--The report under subsection (a) shall be
based on a comprehensive coordination plan for hydrogen energy prepared
by the Secretary in consultation with other Federal agencies.''.
SEC. 4. HYDROGEN RESEARCH AND DEVELOPMENT.
Section 104 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12403) is
amended--
(1) in subsection (b)(1), by striking ``marketplace;'' and
inserting ``marketplace, including foreign markets,
particularly where an energy infrastructure is not well
developed;'';
(2) in subsection (e), by striking ``this chapter'' and
inserting ``this Act'';
(3) by striking subsection (g) and inserting the following:
``(g) Costsharing.--
``(1) Inability to fund entire cost.--The Secretary shall
not consider a proposal submitted by a person from industry
unless the proposal contains a certification that--
``(A) reasonable efforts to obtain non-Federal
funding in the amount necessary to pay 100 percent of
the cost of the project have been made; and
``(B) non-Federal funding in that amount could not
reasonably be obtained.
``(2) Non-federal share.--
``(A) In general.--The Secretary shall require a
commitment from non-Federal sources of at least 25
percent of the cost of the project.
``(B) Reduction or elimination.--The Secretary may
reduce or eliminate the cost-sharing requirement under
subparagraph (A) for the proposed research and
development project, including for technical analyses,
economic analyses, outreach activities, and educational
programs, if the Secretary determines that reduction or
elimination is necessary to achieve the objectives of
this Act.
(4) in subsection (i), by striking ``this chapter'' and
inserting ``this Act''.
SEC. 5. DEMONSTRATIONS.
Section 105 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12404) is amended
by striking subsection (c) and inserting the following:
``(c) Non-Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall require a commitment from non-Federal sources
of at least 50 percent of the costs directly relating to a
demonstration project under this section.
``(2) Reduction.--The Secretary may reduce the non-Federal
requirement under paragraph (1) if the Secretary determines
that the reduction is appropriate considering the technological
risks involved in the project and is necessary to meet the
objectives of this Act.''.
SEC. 6. TECHNOLOGY TRANSFER.
Section 106 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12405) is
amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``The Secretary shall
conduct a program designed to accelerate wider
application'' and inserting the following:
``(1) In general.--The Secretary shall conduct a program
designed to--
``(A) accelerate wider application''; and
(ii) by striking ``private sector'' and
inserting ``private sector; and
``(B) accelerate wider application of hydrogen
technologies in foreign countries to increase the
global market for the technologies and foster global
economic development without harmful environmental
effects.''; and
(B) in the second sentence, by striking ``The
Secretary'' and inserting the following:
``(2) Advice and assistance.--The Secretary''; and
(2) in subsection (b)--
(A) in paragraph (2), by redesignating
subparagraphs (A) through (D) as clauses (i) through
(iv), respectively, and indenting appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) by striking ``The Secretary, in'' and inserting
the following:
``(1) In general.--The Secretary, in'';
(D) by striking ``The information'' and inserting
the following:
``(2) Activities.--The information''; and
(E) in paragraph (1) (as designated by subparagraph
(C))--
(i) in subparagraph (A) (as redesignated by
subparagraph (B)), by striking ``an inventory''
and inserting ``an update of the inventory'';
and
(ii) in subparagraph (B) (as redesignated
by subparagraph (B)), by striking ``develop''
and all that follows through ``to improve'' and
inserting ``develop with the National
Aeronautics and Space Administration, the
Department of Energy, other Federal agencies as
appropriate, and industry, an information
exchange program to improve''.
SEC. 7. TECHNICAL PANEL REVIEW.
(a) In General.--Section 108 of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12407)
is amended--
(1) in subsection (b)--
(A) by striking ``(b) Membership.--The technical
panel shall be appointed'' and inserting the following:
``(b) Membership.--
``(1) In general.--The technical panel shall be comprised
of not fewer than 9 nor more than 15 members appointed'';
(B) by striking the second sentence and inserting
the following:
``(2) Terms.--
``(A) In general.--The term of a member of the
technical panel shall be not more than 3 years.
``(B) Staggered terms.--The Secretary may appoint
members of the technical panel in a manner that allows
the terms of the members serving at any time to expire
at spaced intervals so as to ensure continuity in the
functioning of the technical panel.
``(C) Reappointment.--A member of the technical
panel whose term expires may be reappointed.''; and
(C) by striking ``The technical panel shall have a
chairman,'' and inserting the following:
``(3) Chairperson.--The technical panel shall have a
chairperson,''; and
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``the following items'';
(B) in paragraph (1), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(3) the plan developed by the interagency task force
under section 202(b) of the Hydrogen Future Act of 1996.''.
(b) New Appointments.--Not later than 180 days after the date of
enactment of this Act, the Secretary--
(1) shall review the membership composition of the Hydrogen
Technical Advisory Panel; and
(2) may appoint new members consistent with the amendments
made by subsection (a).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12408) is
amended--
(1) in paragraph (8), by striking ``and'';
(2) in paragraph (9), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(10) $60,000,000 for fiscal year 2002;
``(11) $65,000,000 for fiscal year 2003;
``(12) $70,000,000 for fiscal year 2004;
``(13) $75,000,000 for fiscal year 2005; and
``(14) $80,000,000 for fiscal year 2006.''.
SEC. 9. FUEL CELLS.
(a) Integration of Fuel Cells With Hydrogen Production Systems.--
Section 201 of the Hydrogen Future Act of 1996 (42 U.S.C. 12403 note;
Public Law 104-271) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Not later than 180 days after
the date of enactment of this section, and subject''
and inserting ``(a) In General.--Subject''; and
(B) by striking ``with--'' and all that follows and
inserting ``into Federal, State, and local government
facilities for stationary and transportation
applications.'';
(2) in subsection (b), by striking ``gas is'' and inserting
``basis'';
(3) in subsection (c)(2), by striking ``systems described
in subsections (a)(1) and (a)(2)'' and inserting ``projects
proposed''; and
(4) by striking subsection (d) and inserting the following:
``(d) Non-Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall require a commitment from non-Federal sources
of at least 50 percent of the costs directly relating to a
demonstration project under this section.
``(2) Reduction.--The Secretary may reduce the non-Federal
requirement under paragraph (1) if the Secretary determines
that the reduction is appropriate considering the technological
risks involved in the project and is necessary to meet the
objectives of this Act.''.
(b) Cooperative and Cost-Sharing Agreements; Integration of
Technical Information.--Title II of the Hydrogen Future Act of 1996 (42
U.S.C. 12403 note; Public Law 104-271) is amended--
(1) by redesignating section 202 as section 205; and
(2) by inserting after section 201 the following:
``SEC. 202. INTERAGENCY TASK FORCE.
``(a) Establishment.--Not later than 120 days after the date of
enactment of this section, the Secretary shall establish an interagency
task force led by a Deputy Assistant Secretary of the Department of
Energy and comprised of representatives of--
``(1) the Office of Science and Technology Policy;
``(2) the Department of Transportation;
``(3) the Department of Defense;
``(4) the Department of Commerce (including the National
Institute for Standards and Technology);
``(5) the Environmental Protection Agency;
``(6) the National Aeronautics and Space Administration;
and
``(7) other agencies as appropriate.
``(b) Duties.--
``(1) In general.--The task force shall develop a plan for
carrying out this title.
``(2) Focus of plan.--The plan shall focus on development
and demonstration of integrated systems and components for--
``(A) hydrogen production, storage, and use in
Federal, State, and local government buildings and
vehicles;
``(B) hydrogen-based infrastructure for buses and
other fleet transportation systems that include zero-
emission vehicles; and
``(C) hydrogen-based distributed power generation,
including the generation of combined heat, power, and
hydrogen.
``SEC. 203. COOPERATIVE AND COST-SHARING AGREEMENTS.
``The Secretary shall enter into cooperative and cost-sharing
agreements with Federal, State, and local agencies for participation by
the agencies in demonstrations at facilities administered by the
agencies, with the aim of integrating high efficiency hydrogen systems
using fuel cells into the facilities to provide immediate benefits and
promote a smooth transition to hydrogen as an energy source.
``SEC. 204. INTEGRATION AND DISSEMINATION OF TECHNICAL INFORMATION.
``The Secretary shall--
``(1) integrate all the technical information that becomes
available as a result of development and demonstration projects
under this title;
``(2) make the information available to all Federal and
State agencies for dissemination to all interested persons; and
``(3) foster the exchange of generic, nonproprietary
information and technology developed under this title among
industry, academia, and Federal, State, and local governments,
to help the United States economy attain the economic benefits
of the information and technology.''.
(c) Authorization of Appropriations.--Section 205 of the Hydrogen
Future Act of 1996 (42 U.S.C. 12403 note; Public Law 104-271) (as
redesignated by subsection (b)) is amended by striking ``section'' and
all that follows and inserting the following: ``title--
``(1) $20,000,000 for fiscal year 2002;
``(2) $25,000,000 for fiscal year 2003;
``(3) $30,000,000 for fiscal year 2004;
``(4) $35,000,000 for fiscal year 2005; and
``(5) $40,000,000 for fiscal year 2006.''. | Hydrogen Future Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to include among its purposes the development of a hydrogen production methodology that minimizes greenhouse gas production, and the promotion of hydrogen as a major energy source.Instructs the Secretary of Energy to: (1) report annually to Congress on programs and activities authorized under the Act; (2) give particular attention to developing an understanding and resolution of critical technical issues preventing the introduction of hydrogen into foreign markets, particularly where an energy infrastructure is not well developed; (3) require a cost-share commitment from non-Federal sources of at least 25 percent (currently 50 percent) of the cost of a hydrogen research project (with Secretarial discretion to reduce or eliminate such cost-share commitment, including the cost-share commitment for critical technology demonstrations).Directs the Secretary to conduct a hydrogen technology transfer program designed to accelerate wider application in foreign countries to increase the global market for hydrogen technologies and to foster global economic development without harmful environmental effects.Modifies guidelines for the Hydrogen Technical Advisory Panel to require: (1) between nine and 15 members; and (2) staggered three-year terms.Amends the Hydrogen Future Act of 1996, with respect to the integration of fuel cells with hydrogen production systems, to: (1) revise the general requirement for proposed projects to specify that they shall prove the feasibility of integrating fuel cells into Federal, State, and local government facilities for stationary and transportation applications; and (2) direct the Secretary to establish an interagency task force to develop an implementation plan that focuses upon development and demonstration of integrated systems and components for specified hydrogen-based production and uses. | {"src": "billsum_train", "title": "A bill to reauthorize and amend the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990, and for other purposes."} | 3,379 | 361 | 0.629071 | 1.952538 | 0.774176 | 2.960366 | 9.5 | 0.868902 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fostering American Independence from
Regressive and Abusive Credit Transactions Act of 2008'' or the ``FAIR
Act''.
SEC. 2. MAXIMUM INTEREST RATES; PROHIBITION ON PAYDAY LENDING.
Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is
amended by adding at the end the following:
``SEC. 140. MAXIMUM RATE OF INTEREST; PROHIBITION ON PAYDAY LENDING.
``(a) Interest Limit.--No covered creditor may make an extension of
credit to a consumer with respect to which the annual percentage rate,
as defined in subsection (b), exceeds 36 percent, or such lower limit
as is provided under otherwise applicable State or Federal law,
including section 207 of the Servicemembers Civil Relief Act (50 U.S.C.
App. 527).
``(b) Payday Loan Prohibition.--Notwithstanding any other provision
of law, no covered creditor may--
``(1) cash or advance money for a post-dated check in
exchange for a fee or other payment of interest, other than as
otherwise authorized for the payment of a preexisting debt; or
``(2) hold a check, require electronic access to an account
at a financial institution, or hold title to personal property
(except in connection with the purchase or rental of such
personal property) as collateral for a loan or other extension
of credit.
``(c) Definition of Annual Percentage Credit Rate and Covered
Creditor.--For purposes of this section--
``(1) the `annual percentage rate' includes all charges
payable directly or indirectly incident to, ancillary to, or as
a condition of the extension of credit, including--
``(A) any payment compensating a creditor or
prospective creditor for an extension of credit or
making available a line of credit, or any default or
breach by a borrower of a condition upon which credit
was extended, including fees connected with credit
extension or availability, such as numerical periodic
rates, late fees, creditor-imposed not sufficient funds
fees charged when a borrower tenders payment on a debt
with a check drawn on insufficient funds, over limit
fees, annual fees, cash advance fees, and membership
fees;
``(B) all fees which constitute a finance charge,
as defined by rules of the Board in accordance with
this title;
``(C) credit insurance premiums, whether optional
or required; and
``(D) all charges and costs for ancillary products
sold in connection with or incidental to the credit
transaction; and
``(2) the term `covered creditor' means a creditor other
than an insured depository institution (as defined in section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or an
insured credit union (as defined in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752)).
``(d) Mandatory Disclosures.--In addition to any other disclosures
required by this title, a covered creditor shall, with respect to an
extension of consumer credit, provide to the consumer in writing, at or
before the issuance of such credit--
``(1) a statement of the annual percentage rate applicable
to the extension of credit; and
``(2) a clear description of the payment obligations of the
consumer.
``(e) Relation to State Law.--Nothing in this section may be
construed to preempt any provision of State law that provides greater
protection to consumers than is provided in this section.
``(f) Civil Liability and Enforcement.--In addition to remedies
available to the consumer under section 130(a), any consumer credit
transaction made in violation of this section shall be null and void,
and not enforceable by any party in any court or alternative dispute
resolution forum, and the creditor or any subsequent holder shall
promptly return to the consumer any principal, interest, charges, and
fees, and any security interest associated with such transaction.
Notwithstanding any statute of limitations or repose, a violation of
this section may be raised as a matter of defense by recoupment or set
off to an action to collect such debt or repossess related security at
any time.
``(g) Violations.--Any person that violates this section, or seeks
to enforce an agreement made in violation of this section, shall be
subject to, for each such violation, 1 year in prison and a fine in an
amount equal to the greater of--
``(1) 3 times the amount of the total accrued debt
associated with the subject transaction; or
``(2) $50,000.
``(h) State Attorneys General.--An action to enforce this section
may be brought by the appropriate State attorney general in any United
States district court or any other court of competent jurisdiction, not
later than 3 years after the date of the violation, and may obtain
injunctive relief.''.
SEC. 3. SMALL-DOLLAR LOAN PROGRAM.
(a) Establishment.--The Federal Deposit Insurance Corporation (in
this Act referred to as the ``Corporation'') shall establish, by rule,
a program to encourage insured depository institutions to incorporate
small consumer loans into their regular banking services.
(b) Program Components.--The loan program established under this
section shall--
(1) be voluntary in nature;
(2) allow for loan amounts of $1,000 or less;
(3) provide for--
(A) amortization periods of not longer than 36
months, in the case of closed end credit plans; and
(B) minimum regular payments that are designed to
reduce outstanding principal amounts, in the case of
loans under an open end credit plan;
(4) prohibit the imposition of--
(A) prepayment penalties; and
(B) origination or maintenance fees that exceed the
true cost of the loan to the financial institution; and
(5) provide for an automatic savings component.
(c) Community Reinvestment Act Treatment.--Participation in the
loan program established under this Act shall be a factor in the
determination by the appropriate Federal financial supervisory agency
of whether an insured depository institution is meeting the credit
needs of its community for purposes of the Community Reinvestment Act
of 1977.
(d) Definitions.--As used in this section--
(1) the term ``appropriate Federal financial supervisory
agency'' has the same meaning as in section 803 of the
Community Reinvestment Act of 1977 (12 U.S.C. 2902);
(2) the term ``closed end credit plan'' means an extension
of credit for a fixed period of time, other than an extension
of credit that is secured by a dwelling or other real property;
(3) the term ``insured depository institution'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813); and
(4) the term `` open end credit plan'' has the same meaning
as in section 103 of the Truth in Lending Act (15 U.S.C. 1602).
(e) Regulatory Actions.--The Corporation shall issue such
regulations as may be necessary to carry out this section, including
with respect to the definition of terms (other than as provided in
subsection (d)).
SEC. 4. STUDY AND REPORT ON BEST PRACTICES.
(a) Study.--The Federal Deposit Insurance Corporation and the
National Credit Union Administration shall each conduct a study of best
practices to provide incentives for mainstream financial institutions
to provide small dollar amount loans to consumers, including innovative
State and local programs, private sector, and not-for-profit
initiatives.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Federal Deposit Insurance Corporation and
the National Credit Union Administration shall each submit a report to
Congress on the results of the study conducted under subsection (a). | Fostering American Independence from Regressive and Abusive Credit Transactions Act of 2008 or the FAIR Act - Amends the Truth in Lending Act to prescribe a maximum annual percentage rate (APR) of 36% for any extension of credit to a consumer.
Prohibits a creditor from: (1) cashing or advancing money for a post-dated check in exchange for a fee or other payment of interest, other than as otherwise authorized for the payment of a preexisting debt; or (2) holding a check, requiring electronic access to an account at a financial institution, or holding title to personal property as collateral for a loan or other extension of credit (except in connection with the purchase or rental of such personal property).
Requires a creditor to provide to the consumer in writing at or before the issuance of credit: (1) the applicable APR; and (2) a clear description of payment obligations.
Declares null and void and unenforceable any consumer credit transaction made in violation of this Act. Requires the creditor or subsequent holder to promptly return to the consumer any principal, interest, charges, fees, and any security interest associated with such a transaction.
Subjects violations of this Act to specified civil and criminal penalties.
Directs the Federal Deposit Insurance Corporation (FDIC) to establish a program to encourage insured depository institutions to incorporate small consumer loans of $1,000 or less into their regular banking services.
Includes participation in the loan program established under this Act as a factor in the determination by the appropriate federal financial supervisory agency of whether an insured depository institution is meeting the credit needs of its community under the Community Reinvestment Act of 1977.
Directs the FDIC and the National Credit Union Administration to study and report to Congress on best practices to provide incentives for mainstream financial institutions to provide small dollar amount loans to consumers, including innovative state and local programs, private sector, and not-for-profit initiatives. | {"src": "billsum_train", "title": "A bill to combat predatory lending practices and to provide access to capital to those living in low-income and traditionally underserved communities, and for other purposes."} | 1,759 | 416 | 0.607556 | 1.861789 | 0.804605 | 5.71159 | 4.342318 | 0.929919 |
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